Summary of Findings, Conclusions and Determinations

BIOLOGICAL ASSESSMENT

For The

FAIRFIELD/VACAVILLE TRAIN STATION PROJECT

LOCATION: Solano County, California SE quadrant of Section 9; SW quadrant of Section 10; NE quadrant of Section 16; and NW quadrant of Section 15, Township 5 North and Range 1 East of the Elmira 7.5' USGS Topographic Quadrangle;

Contact Person: Dave Feinstein City of Fairfield Public Works Department 1000 Webster Street, 3rd Floor Fairfield, CA 94533 Phone Number: (707) 428-7448

June 9, 2014

Summary of Findings, Conclusions and Determinations This Biological Assessment (BA), prepared in accordance with legal requirements set forth under Section 7 of the Federal Endangered Species Act (FESA) (16 U.S.C. 1536 (c)), evaluates the proposed City of Fairfield's Fairfield/Vacaville Train Station Project (Project) to determine the extent of the proposed project's effect(s) on federally listed threatened or endangered species. The Project is anticipated to result in impacts to other waters of the United States under U.S. Army Corps of Engineers (USACE) jurisdiction, which allows the impacts on federally listed as threatened or endangered species to be addressed through Section 7 of the FESA.

Findings The proposed project will have No Effect on soft bird's beak, Suisun thistle, Conservancy fairy shrimp, delta green ground beetle, delta smelt, California tiger salamander, California red- legged frog, giant garter snake, California clapper rail, or salt marsh harvest mouse because they do not occur in the Action Area due either to lack of suitable habitat for these species, or because the project is located outside the known range of the species.

The proposed project May Affect, but is Not Likely to Adversely Affect Contra Costa goldfields. While there are records for Contra Costa goldfields in the general vicinity (i.e., within 500 feet of the Action Area), the habitat in the Action Area is unlikely to support this species due to the deeper soils (compared to where this species has been documented to occur) that support dense growth of non-native grasses and forbs that would out compete this species for space. The proposed project is therefore unlikely to adversely affect Contra Costa goldfields.

The Action Area addressed in this BA does not occur within critical habitat for Contra Costa goldfields, soft bird's beak, Suisun thistle, vernal pool fairy shrimp, Conservancy fairy shrimp, vernal pool tadpole shrimp, delta green ground beetle, delta smelt, California tiger salamander, or California red-legged frog. Critical habitat has not been designated for giant garter snake, California clapper rail, or salt marsh harvest mouse. Therefore, the project will not result in impacts on critical habitat for any of the species listed above.

Fairfield/Vacaville Train Station Project Biological Assessment

Conclusions We have conservatively assumed that all of the highly disturbed wetlands that will be lost due to the project will require mitigation for the loss of vernal pool fairy shrimp and vernal pool tadpole shrimp. The acreage of wetlands lost within the Action Area, considered directly impacted is 0.364 acre. The acreage of wetlands within 250 feet of the Action Area, referred to as indirect impact, is 0.302 acre.

Determinations Mitigation for loss of vernal pool fairy shrimp and vernal pool tadpole shrimp will be accomplished through the purchase of the appropriate number of mitigation credits at a USFWS approved mitigation bank. A summary of impacts, mitigation ratios and mitigation requirements is provided in Table E-1 below.

Table E-1

Summary of Potential Vernal Pool Crustacean Habitat Impacts and Mitigation Species/Habitat Impacts Mitigation Proposed Ratios Mitigation Direct Indirect

Vernal pool fairy 0.364 0.305 Direct Direct Impacts shrimp Impacts 1.092 acre Vernal pool Preservation Indirect Impacts tadpole = 2:1 Creation shrimp/seasonally = 1:1 0.305 acre inundated Indirect wetlands Impacts Creation = 1:1

The proposed mitigation measures will result in higher quality habitat preserved and created elsewhere within Solano County, ensuring the loss of this habitat is unlikely to jeopardize the existence of vernal pool fairy shrimp or vernal pool tadpole shrimp within the region.

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Fairfield/Vacaville Train Station Project Biological Assessment

TABLE OF CONTENTS

Summary of Findings, Conclusions and Determinations ...... i Findings...... i Conclusions ...... ii Determinations ...... ii 1.0 Introduction ...... 1 1.1 Project History...... 1 1.2 Project Description ...... 2 1.2.1 Project Phasing...... 4 1.2.2 Construction Schedule ...... 4 1.2.3 Staging Areas and Access Roads ...... 4 1.2.4 Construction Procedures ...... 5 1.2.5 Post Construction Activities ...... 5 1.3 Consultation to Date ...... 5 2.0 Study Methods ...... 6 2.1 Listed and Proposed Species Potentially in the Biological Study Area ...... 6 2.1.1 Federally Listed Species Likely to be Adversely Affected by the Project ...... 6 2.1.2 Federally Listed Species that May Be Affected but are Not Likely to be Adversely Affected by the Project ...... 6 2.1.3 Federally Listed Species upon which the project will have No Effect ...... 6 2.2 Studies Required ...... 6 2.3 Personnel and Survey Dates ...... 6 2.4 Agency Coordination and Professional Contacts ...... 7 2.5 Limitations That May Influence Results ...... 8 3.0 Results: Environmental Setting...... 9 3.1 Existing Land Uses in the Action Area ...... 9 3.2 Habitat in the Action Area ...... 9 3.3 Wetlands and Other Waters of the U.S. in the Action Area ...... 10 4.0 Results: Biological Resources, Discussion of Impacts and Mitigation ...... 15 4.1 Federally Listed/Proposed Plant Species ...... 15 4.1.1 Contra Costa Goldfields ...... 15 4.1.2 Suisun Thistle...... 16 4.1.3 Soft Bird's-beak ...... 17 4.1.4 San Joaquin Valley Orcutt Grass ...... 18 4.2 Federally Listed/Proposed Animal Species ...... 19 4.2.1 Vernal Pool Fairy Shrimp ...... 19 4.2.2 Vernal Pool Tadpole Shrimp ...... 22

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Fairfield/Vacaville Train Station Project Biological Assessment

4.2.3 Valley Elderberry Longhorn Beetle ...... 24 4.2.4 Delta Green Ground Beetle ...... 26 4.2.5 Conservancy Fairy Shrimp ...... 28 4.2.6 Delta Smelt...... 30 4.2.7 California Tiger Salamander ...... 31 4.2.8 California Red-legged Frog ...... 33 4.2.9 Giant Garter Snake ...... 34 4.2.10 California Clapper Rail and Salt Marsh Harvest Mouse ...... 35 5.0 Conclusions and Determinations ...... 37 5.1 Conclusions ...... 37 5.2 Determinations ...... 37 6.0 Literature Cited ...... 39 7.0 List of Preparers ...... 43

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Fairfield/Vacaville Train Station Project Biological Assessment

1.0 Introduction This Biological Assessment (BA), prepared in accordance with legal requirements set forth under Section 7 of the Federal Endangered Species Act (FESA) (16 U.S.C. 1536 (c)), evaluates the proposed City of Fairfield's Fairfield/Vacaville Train Station Project (Project) to determine the extent of the proposed project's effect(s) on federally listed threatened or endangered species.

This section includes a history and description of the project and a summary of the consultations to date. 1.1 Project History The need for the project was first identified in the 1995 Solano Rail Facilities Plan, a comprehensive planning study of rail facilities and opportunities in Solano County. The study identified the potential for three new passenger rail stations in Solano County at Benicia, Fairfield/Vacaville, and Dixon. Solano County’s 2002 Intercity Transit Plan identified the Fairfield/Vacaville station as offering the greatest promise for increased patronage. The Intercity Transit Plan estimated a daily patronage (total boardings and alightings) of between 500 and 800 passengers in 2010 and between 900 and 1,400 passengers in 2025. The proposed station is forecasted to increase total Solano County (Suisun/Fairfield and Fairfield/Vacaville) Capitol Corridor patronage by an additional 250 to 400 daily boardings and alightings in 2010, and by an additional 500 to 700 in 2025. The actual patronage at the proposed Fairfield-Vacaville station would likely be higher as the existing Suisun-Fairfield station is expected to have insufficient parking by 2015 to support its forecasted patronage increase.

The project area straddles Peabody Road near the at-grade crossing of the UPRR tracks south of Cement Hill Road/Vanden Road. The project area is generally bounded by Cement Hill Road/Vanden Road on the north and the UPRR tracks on the south. The project area also extends east and west along the UPRR tracks to provide right-of-way for track improvements, a pedestrian tunnel to future development proposed as part of the above- referenced Fairfield Train Station Specific Plan, and a new access roadway from Cement Hill Road to be constructed as an extension of Vanderbilt Drive.

The project area is primarily vacant, undeveloped annual grassland, with an abandoned road right of way (Old Vanden Road) and a concrete building pad both located east of Peabody Road and south of Vanden Road. The portion of the project area east of Peabody Road in not yet annexed into City limits. This portion of the project area is designated Commercial Service (CS) in the City’s General Plan and is pre-zoned Commercial Service by the City. The portion of the project located west of Peabody Road is designated General Industrial (IG) in the City’s General Plan and is also zoned General Industrial by the City. The surrounding land uses are a mix of industrial, vacant, agricultural, and rural residential land uses. On the west side of Peabody Road there is a PG&E substation. North of the project area and west of Peabody Road are a recycling plant, landscaping business, and concrete batch plant. North of the project area and east of Peabody Road are a truck/bus storage yard and a rock crushing plant. South of the UPRR tracks are rural residential parcels and industrial uses.

The existing UPRR corridor passes in a northeast-southwest direction in the project vicinity. The corridor is used for both passenger and freight operations. The existing Tolenas rail siding branches from the main line of the UPRR tracks just west of Peabody Road. The primary roadways in the project vicinity include Peabody Road and Cement Hill/Vanden Road, which meet just north of the project area at a signalized intersection. The

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Fairfield/Vacaville Train Station Project Biological Assessment

UPRR/Peabody Road railroad crossing is at-grade with crossing gates, bells, and flashing warning lights.

The City’s General Plan envisions Peabody Road as a six-lane arterial street under the future build-out scenario. Vanden Road is an existing east-west, median-separated, four- lane facility, with two lanes of travel in each direction. Cement Hill Road is the continuation of Vanden Road east of Peabody Road. Existing access to the project area is from Vanden Road. The recently abandoned Old Vanden Road segment is a narrow road on the project area that provides access to a building that used to exist on the site. 1.2 Project Description The proposed project includes the construction of a new passenger rail station, bus passenger transfer facility, and Peabody Road overcrossing to improve access to, and patronage of, the Capitol Corridor intercity train service as shown in Figure 1. The proposed project consists of constructing the following primary components:  Approximately six bus bays for passenger loading and unloading;

 Access at two points along Vanden Road, with the easternmost driveway on Vanden Road signalized for all movements and the westernmost driveway restricted to right- in and right-out vehicular movements only;

 An extension of Vanderbilt Drive under the proposed Peabody Road Overcrossing to provide direct access into the train station and provide the opportunity for additional surface parking;

 Approximately 435 parking spaces;

 An 800-foot-long by 40-foot-wide center platform passenger island, accessed only via a pedestrian undercrossing;

 A pedestrian undercrossing for access to the center platform passenger island and to future development south of the station; and

 A new Peabody Road Overcrossing of the UPRR tracks to accommodate up to six lanes of vehicular traffic.

Figure 1 - Site Plan

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The proposed pedestrian undercrossing of the rail tracks with a portal on the south side of the passenger platform is included to increase pedestrian safety and avoid at-grade track crossings by pedestrians and bicyclists. The pedestrian undercrossing would be at least 16 feet in width. Its location is subject to detailed design of the station buildings and coordination with the potential future housing development on the south side of the tracks. Ideally, the undercrossing would be located near the center of the passenger platform. All features of the proposed project would be designed in accordance with the Americans with Disabilities Act.

Key features of the track work related to the project include:

 Minor realignment of the two mainline tracks to accommodate the center platform passenger island;

 Extension of the Tolenas siding eastward past the station platform area;

 Provision of a 12-foot-wide UPRR maintenance road along the south side of the extended Tolenas siding;

 Drainage improvements;

 Security fencing on both sides of UPRR and the station right-of-way;

 Acquisition from private property owners of up to 40 feet of additional right-of-way on the south side of the UPRR right-of-way in order to accommodate the extension of Tolenas siding and the 40-foot-wide passenger platform;

 Acquisition from private property owners of site parcels west of Peabody Road and north of the UPRR tracks; and

 Replacement of the at-grade crossing at Peabody Road with a new overpass of the railroad tracks.

The new grade-separated Peabody Road overcrossing would replace the existing at-grade crossing with a 100-foot wide, six-lane overpass to carry Peabody Road vehicle and pedestrian traffic safely over the UPRR right-of-way. The structure would consist of precast- prestressed concrete girders with a cast-in-place concrete deck, high cantilever abutments supported by driven piles, and multi-column bents supported by driven piles.

The Action Area is located within the southeast quadrant of Section 9; the southwest quadrant of Section 10; the northeast quadrant of Section 16; and the northwest quadrant of Section 15, Township 5 North and Range 1 East of the Elmira 7.5' USGS Topographic Quadrangle at an elevation of approximately 70 feet (21.3 meters) above mean sea level. The latitude and longitude coordinates are approximately 38° 17' 6" North and 121° 58' 20" West. The Action Area boundaries extend along Peabody Road from its intersection with Vanden Road, south to approximately 500 feet north of its intersection with Huntington Drive, and along the existing UPRR tracks from approximately 800 feet west of Peabody Road, to approximately 3,000 feet east of Peabody Road. It also includes the entire triangle area adjacent to Old Vanden Road, bounded by the UPRR tracks on the south, Peabody Road on the west and Vanden Road on the north, as well as areas adjacent to the UPRR tracks along Peabody Road, Vanderbilt Road, and the PG&E substation (see figure titled Wetland

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Features and Special Status Plant Occurrences).

1.2.1 Project Phasing

The project is being implemented in phases. Phase 1 includes all environmental and design work. Phase 2 is comprised of the relocation of nine utility lines. Phase 3 is the construction of the station, platform, overpass, and all associated work. If funding allows, a station building will be designed and constructed in Phase 4 and a solar array will be installed in the parking areas in Phase 5. The solar array for the parking lots is comprised of a canopy structure over the top of each parking row that accommodates photovoltaic cells. The solar array would be specifically designed to accommodate the constraints of the site.

1.2.2 Construction Schedule

Utility relocation began September 2013 and will continue through January 2014. Sensitive areas have been fences and the utility relocation contractors have been instructed not to impact the wetlands within the Action Area. The primary construction package (Phase 3) is anticipated to be awarded end of 2014. Construction duration is 2 years with revenue service anticipated by December 2017.

All of the property has been acquired for the Project, crossing applications with the California Public Utilities Commission (CPUC) have been approved, and construction and maintenance agreements with UPRR have been executed.

1.2.3 Staging Areas and Access Roads

The contractor will have access to several laydown/staging areas in an around the project site as shown in Figure 2. There is a concrete slab on the project site that the contractor could use. In addition, there are large masses of undeveloped land north of the PG&E substation that contain no wetlands that could easily be used to stage materials and or field offices.

These staging/laydown areas are located outside the seasonal wetlands and over 250 feet away from the vernal pool. Any equipment or vehicles driven and/or operated within or adjacent to wetlands will be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic life.

Access to and from the construction area for the Contractor will primarily be along Peabody Road, which will be closed during construction of the overpass. A detour route, using existing roadways, around the project site while Peabody Road is closed has been designed and vetted with the community, business, and the nearby school district.

Figure 2 - Laydown/Staging Areas

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Fairfield/Vacaville Train Station Project Biological Assessment

1.2.4 Construction Procedures

The contract package will require the Contractor to adhere to all local, state, and federal safety and environmental regulations. The Contractor is required to prepare a Storm Water Pollution Prevention Plan (SWPPP) and a Health and Safety Plan. The construction management team will oversee the implementation of the plans to ensure the Contractor is meeting its obligations.

1.2.5 Post Construction Activities

Post construction activities include closing out the project which will involve organizing and storing all documents and closing out grants and other funding agreements. The contract documents include a requirement for the Contractor to maintain a clean site during construction and to restore any areas outside the project that were overly used by the Contractor, or destroyed or damaged, to its original condition. 1.3 Consultation to Date The City of Fairfield has been coordinating with the Federal Transit Administration (FTA) on the project for a number of years. As agreed to by FTA, the anticipated NEPA document is a Categorical Exclusion (CE). Completion of the NEPA CE is anticipated mid-2014.

Coordination for the project has also occurred among FTA, the U.S. Fish and Wildlife Service (USFWS), and the U.S. Army Corps of Engineers (USACE). A wetlands delineation map was approved by the Corps on January 17, 2008. Site conditions were confirmed during a field review in October 2011. An application for a CWA Section 404 fill permit and RWQCB Section 401 water quality certification permit are now being prepared. It is anticipated that the project can be permitted under Corps Nationwide Permit 14 (Linear Transportation Projects).

The City of Fairfield approved a CEQA Initial Study (IS) and adopted a Mitigated Negative Declaration (MND) in June 2010. Subsequent to the adoption of the MND, minor changes to the design of and construction phasing for the proposed train station were completed. These changes were documented in a CEQA Addendum to the IS that was adopted in December 2012. The minor changes are included in the project description above.

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Fairfield/Vacaville Train Station Project Biological Assessment

2.0 Study Methods The information in this Biological Assessment (BA) is based on a series of previous surveys, and previously prepared reports, and a list of federally listed threatened or endangered species based on queries of the California Natural Diversity Data Base (CNDDB), and USFWS Endangered and Threatened Species Online List. Habitat requirements for the species on this list were compared to habitat conditions in the Action Area to determine the likelihood of their presence there, and therefore determine the likelihood that they could be affected by the project. 2.1 Listed and Proposed Species Potentially in the Biological Study Area

This section includes a list of federally listed plant and animal species that are potentially in the Action Area of the Project.

2.1.1 Federally Listed Species Likely to be Adversely Affected by the Project

Branchinecta lynchi - vernal pool fairy shrimp (T) Lepidurus packardi - vernal pool tadpole shrimp (E)

2.1.2 Federally Listed Species that May Be Affected but are Not Likely to be Adversely Affected by the Project

Lasthenia conjugens - Contra Costa goldfields (E)

2.1.3 Federally Listed Species upon which the project will have No Effect

Cirsium hydrophilum var. hydrophilum - Suisun thistle (E) Chloropyron molle ssp. molle - Soft bird's-beak (E) Orcuttia inaequalis - San Joaquin Valley Orcutt grass (T) Branchinecta conservatio - Conservancy fairy shrimp (E) Desmocerus californicus dimorphus - Valley elderberry longhorn beetle (T) Elaphrus viridis - Delta green ground beetle (T) Hypomesus transpacificus - Delta smelt (E) Ambystoma californiense - California tiger salamander (T) Rana draytonii - California red-legged frog (T) Thamnophis gigas - Giant garter snake (T) Rallus longirostris obsoletus - California clapper rail (E) Reithrodontomys raviventris - Salt-marsh harvest mouse (E)

2.2 Studies Required Special-status plant surveys conducted in 2007 and 2012 for this Project covered the entire project footprint and much of the 250 foot buffer area. The remaining 250-foot buffer zone not covered by the Project was covered by other studies, including: 1) the Hawthorne Mill property (to the west of the PG&E substation), which was surveyed as part of that project; 2) the Clorox property east of Peabody Road and south of Markeley Lane, which was surveyed for the Clorox Products Manufacturing Company; 3) property north of the train station, which was surveyed for the Jepson Parkway project, and 4) property adjacent to the existing residential development south of Markeley Lane, which was created specifically as a mitigation measure for the adjacent residential development.

We also conducted a general biological resources assessment survey of the site in support of the project EIR, and a wetland delineation that was originally verified on January 22, 2008, and reverified on January 3, 2014. 2.3 Personnel and Survey Dates A list of documents used in the preparation of this BA is provided below. Field surveys and numerous site visits have been conducted during the preparation of the supporting documents

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Fairfield/Vacaville Train Station Project Biological Assessment listed below.

 Wetland Delineation for the Fairfield-Vacaville Train Station Project (USACE File #2005- 296210N), verified on January 3, 2014

 Hawthorne Mill Project Draft EIR, Biological Resources Section, Michael Brandman Associates, July 2013

 Fairfield Train Station Project Special Status Plant Survey Memo Report, April 24, 2012

 Jepson Parkway Project Biological Assessment, February 2009

 Wetland Delineation for the Clorox Products Manufacturing Company Site, verified on January 22, 2008 (Corps File Number 2007-400458N)

 Wetland Delineation for the Fairfield Train Station Project, verified on January 17, 2008 (Corps File Number 2005-29621N)

 Fairfield Train Station Project Special-Status Plant Survey Memo Report, April 9, 2007

 Biological Resources Report for the Clorox Products Manufacturing Company Fairfield Plant, November 2006

 Biological and Wetland Resources Technical Study Fairfield-Vacaville Train Station Project City of Fairfield Solano County, California, May 11, 2005

2.4 Agency Coordination and Professional Contacts The following summarizes the coordination the City of Fairfield and its consultant have had with federal agencies including FTA, USFWS, USACE, and the San Francisco Branch of the Regional Water Quality Control Board (SFBRWQCB) in chronological order from most recent.

 March 6, 2014, an in person meeting at the City of Fairfield Department of Public Works was held with City staff (David Feinstein, Jay Swanson), FTA (Lucinda Eagle, Mary Nguyen), USFWS (Kellie Berry, Lily Douglas), Kal Krishnan Consulting Services, Inc. (Chris O'Gara) and Cardno ENTRIX (Sam Bacchini).

 January 28, 2014, David Feinstein provides a draft to Lily Douglas of the proposed conservation measures and effects analysis requested by USFWS in Lily's email of November 18, 2013. Dave requests confirmation regarding adequacy of these items. Dave also forwards the January 3, 2014 USACE verification of the project site wetland delineation, providing further closure to USFWS's Requirement 1 from their September 18, 2013 letter.

 July 14, 2010, FTA sent a letter to the USFWS seeking concurrence with FTA's finding of May Affect, but Not Likely to Adversely Affect vernal pool fairy shrimp and vernal pool tadpole shrimp.

 January 3, 2014, Corps issues verification letter for Fairfield/Vacaville Train Station wetland delineation.

 November 18, 2013, email communication between Lily Douglas at USFWS and David Feinstein at the City of Fairfield discussing additional information needs.

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 November 7, 2013, David Feinstein contacts Lily Douglas via email with detailed response to USFWS comments regarding details of the overlapping Clorox Products Manufacturing Company wetland delineation prepared by then EIP Associates biologist, Sam Bacchini.

 September 13, 2012, A follow up conference call with City of Fairfield staff and Kellie Berry of USFWS to discuss the status of the project, followed by numerous emails and telephone conversations.

 April 29, 2013, FTA submits 1) letter to Kellie Berry at USFWS initiating Section 7 Consultation for the Fairfield Intermodal Station, 2) Plant Survey Reports dated April 9, 2007 and April 26, 2012; 3) Description of Biological Resources, a Draft Biological and Wetland Technical Study and a Natural Environmental Study; 4) Relevant Reports including 2010 Initial Study/Mitigated Negative Declaration (IS/MND), Addendum to the IS/MND, and Fairfield City Council Resolution 2010-146 adopting CEQA MND declaration; and 5) full size Project Map."

 March 22, 2013, FTA sends official response to comments to USFWS that were prepared by Cardno ENTRIX.

 December 29, 2011, Cardno ENTRIX biologist Sam Bacchini met with Michelle Tovar of the USFWS was held to discuss the comments and how to move forward.

 December 14, 2011, interagency coordination meeting held at the San Francisco office of the USACE, with the USACE (Nina Cavett-Cox), SFBRWQCB (Jolanta Uchman), City of Fairfield staff (Thanh Vuong and Kevin Daughton), Atkins project manager Michael Kay, and Cardno ENTRIX biologist Sam Bacchini. The USFWS was not in attendance.

 August 20, 2010, USFWS sent a letter responding to FTA (reference number 81420- 2010-TA-0894-1) requesting additional information on the project and its effect on threatened and endangered species.

2.5 Limitations That May Influence Results Studies for various aspects of this project have been conducted over a period of approximately 9 years, including gaps that coincided with periods when the project was inactive. The length of time that has passed, and personnel changes along the way have created some points of confusion, but these have since been resolved. That being said, information on the Action Area and the 250-foot buffer zone outside the Action Area have been compiled from biological studies conducted for the Train Station Project, the Jepson Parkway Project, the Hawthorne Mills Project and by the Clorox Products Manufacturing Company.

For example, the area north of Vanden Road and Cement Hill Road was included as part of the Section 7 consultation and Wetland Delineation for the Jepson Parkway project. No wetlands or special-status resources were identified to occur in this area during the aforementioned verification or consultation. Additionally, the area is occupied primarily by urban/industrial development so would therefore not support any special-status species.

We believe we have developed, by combining the results of all the biological assessments available, a conservative assessment of the wetland features and special status plant occurrences that likely will be impacted by the Project.

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Fairfield/Vacaville Train Station Project Biological Assessment

3.0 Results: Environmental Setting This section provides a description of the existing land uses, habitat and wetlands in the Action Area. 3.1 Existing Land Uses in the Action Area Land uses in the Action Area include transportation routes including Vanden Road, Old Vanden Road, Peabody Road, Vanderbilt Road, and the active UPRR Tracks. A PG&E substation occupies much of the northwest corner of the Vanden Road/Peabody Road intersection, and an abandoned industrial lot (only a foundation pad remains) occupies a portion of the northeast corner. The remaining land in the Action Area is vacant non-native annual grassland, and disturbed areas with ruderal vegetation.

3.2 Habitat in the Action Area The vegetation communities within the Action Area include non-native annual grassland, and urban/developed land. Details of the habitats in the Action Area are described below.

Habitat in the undeveloped land north of Old Vanden Road and south of the UPRR tracks, east of Peabody Road consists of dense, ungrazed stands of non-native annual grassland. Species observed during the survey included primarily wild oats (Avena fatua), foxtail barley (Hordeum murinum ssp. leporinum), ripgut brome (Bromus diandrus), and soft chess (Bromus hordeaceus). Other grass species observed included medusahead (Elymus caput medusae), Bermuda grass (Cynodon dactylon), and Italian rye (Festuca perennis). Several, (primarily) non- native broadleaf annuals and perennials are present within the grassland as well, and include giant ragweed (Ambrosia trifida), scarlet pimpernel (Anagallis arvensis), Italian thistle (Carduus pycnocephalus), field bindweed (Convolvulus arvensis), filaree (Erodium botrys), California poppy (Eschscholzia californica), fennel (Foeniculum vulgare), cutleaf geranium (Geranium dissectum), prickly lettuce (Lactuca serriola), lupine (Lupinus bicolor), bur clover (Medicago polymorpha), prickly ox-tongue (Helminthotheca echioides), English plantain (Plantago lanceolata), wild radish (Raphanus sativus), curly dock (Rumex crispus), sow thistle (Sonchus asper), clover (Trifolium sp.), vetch (Vicia sp.) and a few coyote brush (Baccharis pilularis). This vegetation is generally tall and very dense, leaving little or no open ground.

The undeveloped land south of the UPRR tracks and west of Peabody Road is on the Clorox Products Manufacturing Company property. This field is disked annually, and contains only sparse vegetation. Species observed included wild oats, ripgut brome, Italian rye, filaree, cutleaf geranium, English plantain, and field bindweed. .A shallow seasonal ditch, that was dry during the survey, extends along the base of the tracks and flows ultimately to McCoy Detention Basin to the west via a series of underground pipes. No other wetlands are present on this property.

Vegetation north of the UPRR tracks, west of Peabody Road around the PG&E substation, and east of Vanderbilt Road consists of a combination of ruderal vegetation in the more disturbed areas with grasses and forbs such as wild oats, ripgut brome, Italian rye, filaree, milk thistle (Silybum marianum), Italian thistle, cutleaf geranium, English plantain, and field bindweed. No wetlands were observed in this area during previous surveys of the area, but a number of poorly defined seasonal wetlands were mapped as a part of the wetland delineation for the Hawthorne Mill Project.

The vegetation west of the Vanderbilt Road extension and north of the UPRR tracks (outside of the project footprint) consists of grazed non-native annual grassland. Plant species observed in this area were similar to those observed in the non-native annual grasslands described above, but were kept lower and more open due to grazing. The topography in this area slopes gently down to the west where the McCoy Detention Basin is located (approximately one mile west of the Action Area). While there are a number of seasonal wetlands adjacent to the McCoy detention Basin that support a variety of special-status plant species including Contra Costa goldfields (Lasthenia conjugens), saline clover (Trifolium hydrophilum), and pappose tarplant (Centromadia parryi ssp. parryi), all records for these species occur well outside the 250 foot

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Trees in the study area are limited to the area along the east side of Peabody Road south of the UPRR tracks, along the south side of the UPRR tracks, east of Peabody Road and along the eastern portion of Old Vanden Road. The trees consist of a few small Brazilian pepper (Schinus terebinthifolius), and a small stand of Peruvian pepper (Schinus molle) occurs on the north side of the UPRR tracks, west of Peabody Road and south of the PG&E substation. 3.3 Wetlands and Other Waters of the U.S. in the Action Area A total of 1.363 acres of wetlands and other waters of the U.S. (117 separate features) have been mapped in the Action Area, but only 0.669 acre is potentially subject to impacts from the project. Of the 0.669 acre of potentially impacted wetlands, 0.364 acre are considered directly impacted, that is, are within the project area. The remaining 0.305 acre of wetlands is considered indirectly impacted because they are located within the 250-foot buffer zone where no construction activity will take place.

Wetland features 1 through 14 were delineated as a part of the Wetland Delineation for the Fairfield-Vacaville Train Station Project (USACE File #2005-296210N) that was verified on January 3, 2014. Wetland Features 15 through 116 were delineated as a part of the Wetland Delineation for the Hawthorne Mill project that was verified on November 8, 2007 (USACE File #299100N). Feature 117 was mapped by aerial signature, as access to the property was not available to map it directly, so has not been verified and the acreage is approximate.

Features 1 through 14 all appear to hold ponded water for periods of time and as a result have developed relatively distinct boundaries. These features consist of a series of highly disturbed seasonal wetlands, and seasonally wet ditches occurring along the base of the UPRR tracks. Most of these wetlands do not pond water for extended periods, but remain saturated long enough to develop hydric soils and support hydrophytic vegetation. Vegetation primarily consists of Mediterranean barley (Hordeum marinum var. gussoneanum), meadow barley (Hordeum brachyantherum) and curly dock. One feature located between Old Vanden Road and the UPRR tracks, while dry during the survey, also contains a small amount of emergent marsh vegetation including cattails (Typha latifolia) and umbrella sedge (Cyperus eragrostis). One vernal pool was mapped just outside the study area, north of the UPRR tracks, and west of the PG&E substation. This feature will not be affected by the project as it is either greater than 250 feet from project activities, or it is separated from them by the berm on which the UPRR tracks are situated.

Wetland features 15 through 116 were mapped as a part of the Wetland Delineation for the Hawthorne Mill Project. Wetland features in the eastern portion of the Hawthorne Mill Project site occur on slightly steeper slopes than those near the McCoy Detention Basin. These areas, as described in the Biological Resources Section of the Hawthorne Mill Project Draft EIR, July 2013 support primarily saturated, but not ponded, seasonal wetlands and grasslands. Observations made from outside of the property during special-status plant and other surveys conducted for the Fairfield Train Station Project, and the Hawthorne Mill project confirm that the features depicted in the figure titled Wetland Features and Special Status Plant Occurrences, provided at the end of this document do not have distinct boundaries and are unlikely to pond water. These features only appear to support ruderal hydrophytic plant species.

Wetlands in the Action Area potentially affected by the project consist almost exclusively of seasonal wetlands, with a few seasonally wet ditches and a seasonal wetland with freshwater emergent marsh vegetation. Details on feature specific acreages and wetland types are provided in Table 1 below. These features are also mapped with corresponding numbers on the figure titled Wetland Features and Special Status Plant Occurrences, provided at the end of this document.

Wetland feature numbers 1 and numbers 99 through 117 are not included in the impact totals as these features will be avoided for the following reasons:

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 Feature 1 (vernal pool) occurs well outside the Action Area, approximately 160 feet beyond the 250 foot buffer to the east, and is separated from project activities on the south by a 4 to 6 foot high railroad berm (i.e., the berm on which the UPRR tracks are situated). No direct or indirect impacts are anticipated to occur to this feature as a result of project implementation.

 Features 99 through 116 were mapped as a part of the Hawthorne Mill wetland delineation. These features show up within the project footprint, but are actually outside of the UPRR ROW on the Hawthorne Mill property (the Hawthorn Mill project area did not extend into the UPRR ROW) which is at a slightly higher elevation than the UPRR ROW. These features occur north of an approximately 4 to 6 foot high railroad berm (see Feature 1 above) as shown in Figure 3, and project activities in the vicinity will only occur to the south of this berm. The berm will therefore act as a barrier to prevent any potential runoff from the work area to the feature locations, so no direct or indirect impacts are

anticipated to occur to these features as a result of project implementation.

Figure 3 - North Side of the Railroad Berm from the UPRR ROW and West of the PG&E Substation looking South

 Feature 117 is a created seasonal wetland/vernal pool that was built as part of the mitigation for the adjacent residential development to the east. While the project footprint is within 250 feet of this feature, the project was specifically designed to not impact this wetlands feature. For example, Peabody Road will be widened in that area, but only the roadway on the west side of the median will be impacted. No construction will take place on the east side of Peabody Road near the wetland. Therefore, no direct or indirect impacts are anticipated to occur to this feature as a result of project implementation.

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Table 1 – Summary of Wetland Features in the Action Area

Feature Number Acreage Feature Type Direct Impacts 1 0.047 Vernal Pool - Avoided 2 0.005 Seasonal Wetland 3 0.097 Seasonally Wet Ditch 4 0.041 Seasonal Wetland 5 0.002 Seasonal Wetland 6 0.004 Seasonal Wetland 7 0.016 Seasonal Wetland 8 0.012 Seasonal Freshwater Emergent Marsh 9 0.020 Seasonal Wetland 10 0.004 Seasonal Wetland 11 0.088 Seasonal Wetland 12 0.005 Seasonally Wet Ditch 13 0.011 Seasonally Wet Ditch 14 0.024 Seasonally Wet Ditch 15 0.0004 Seasonal Wetland 16 0.0005 Seasonal Wetland 17 0.0005 Seasonal Wetland 18 0.0009 Seasonal Wetland 19 0.0014 Seasonal Wetland 20 0.0017 Seasonal Wetland 21 0.0053 Seasonal Wetland 22 0.0244 Seasonal Wetland Total Direct 0.364 acre (does not include avoided acres) Indirect Impacts 23 0.0155 Seasonal Wetland 24 0.0096 Seasonal Wetland 25 0.0014 Seasonal Wetland 26 0.0248 Seasonal Wetland 27 0.0006 Seasonal Wetland 28 0.0006 Seasonal Wetland 29 0.0007 Seasonal Wetland 30 0.0008 Seasonal Wetland 31 0.0009 Seasonal Wetland 32 0.0010 Seasonal Wetland 33 0.0010 Seasonal Wetland 34 0.0011 Seasonal Wetland 35 0.0012 Seasonal Wetland 36 0.0013 Seasonal Wetland 37 0.0013 Seasonal Wetland 38 0.0018 Seasonal Wetland 39 0.0030 Seasonal Wetland 40 0.0031 Seasonal Wetland 41 0.0032 Seasonal Wetland 42 0.0005 Seasonal Wetland 43 0.0001 Seasonal Wetland 44 0.0005 Seasonal Wetland 45 0.0006 Seasonal Wetland 46 0.0006 Seasonal Wetland

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Table 1 (continued) – Summary of Wetland Features in the Action Area

Feature Number Acreage Feature Type 47 0.0008 Seasonal Wetland 48 0.0038 Seasonal Wetland 49 0.0273 Seasonal Wetland 50 0.0002 Seasonal Wetland 51 0.0005 Seasonal Wetland 52 0.0006 Seasonal Wetland 53 0.0007 Seasonal Wetland 54 0.0005 Seasonal Wetland 55 0.0011 Seasonal Wetland 56 0.0024 Seasonal Wetland 57 0.0027 Seasonal Wetland 58 0.0007 Seasonal Wetland 59 0.0013 Seasonal Wetland 60 0.0015 Seasonal Wetland 61 0.0100 Seasonal Wetland 62 0.0028 Seasonal Wetland 63 0.0010 Seasonal Wetland 64 0.0044 Seasonal Wetland 65 0.0009 Seasonal Wetland 66 0.0016 Seasonal Wetland 67 0.0019 Seasonal Wetland 68 0.0001 Seasonal Wetland 69 0.0002 Seasonal Wetland 70 0.0026 Seasonal Wetland 71 0.0032 Seasonal Wetland 72 0.0002 Seasonal Wetland 73 0.0004 Seasonal Wetland 74 0.0013 Seasonal Wetland 75 0.0189 Seasonal Wetland 76 0.0203 Seasonal Wetland 77 0.0005 Seasonal Wetland 78 0.0006 Seasonal Wetland 79 0.0008 Seasonal Wetland 80 0.0017 Seasonal Wetland 81 0.0032 Seasonal Wetland 82 0.0032 Seasonal Wetland 83 0.0066 Seasonal Wetland 84 0.0080 Seasonal Wetland 85 0.0005 Seasonal Wetland 86 0.0012 Seasonal Wetland 87 0.0012 Seasonal Wetland 88 0.0013 Seasonal Wetland 89 0.0022 Seasonal Wetland 90 0.0680 Seasonal Wetland 91 0.0005 Seasonal Wetland 92 0.0006 Seasonal Wetland 93 0.0006 Seasonal Wetland 94 0.0006 Seasonal Wetland 95 0.0010 Seasonal Wetland

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Table 1 (continued) - Summary of Wetland Features in the Action Area

Feature Number Acreage Feature Type 96 0.0027 Seasonal Wetland 97 0.0051 Seasonal Wetland 98 0.0057 Seasonal Wetland 99 0.0013 Seasonal Wetland - Avoided 100 0.0015 Seasonal Wetland - Avoided 101 0.0013 Seasonal Wetland - Avoided 102 0.0005 Seasonal Wetland - Avoided 103 0.0008 Seasonal Wetland - Avoided 104 0.0015 Seasonal Wetland - Avoided 105 0.0089 Seasonal Wetland - Avoided 106 0.0023 Seasonal Wetland - Avoided 107 0.0006 Seasonal Wetland - Avoided 108 0.0114 Seasonal Wetland - Avoided 109 0.0026 Seasonal Wetland - Avoided 110 0.0028 Seasonal Wetland - Avoided 111 0.0008 Seasonal Wetland - Avoided 112 0.0006 Seasonal Wetland - Avoided 113 0.0017 Seasonal Wetland - Avoided 114 0.0005 Seasonal Wetland - Avoided 115 0.0024 Seasonal Wetland - Avoided 116 0.0005 Seasonal Wetland - Avoided 117 0.6050 Constructed vernal pool - Avoided Total Indirect 0.305 acre (does not include avoided acres)

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4.0 Results: Biological Resources, Discussion of Impacts and Mitigation

The following section discusses the potential impacts to both plant and animal species from the Project. 4.1 Federally Listed/Proposed Plant Species The federally listed/proposed plant species applicable to the Project are the Contra Costa Goldfields (CCG), Suisun thistle, Soft Bird's-Beak and the San Joaquin Valley Orcutt grass.

4.1.1 Contra Costa Goldfields

Contra Costa Goldfields (CCG) is an annual plant, which means that seed production is the only way for new individuals to enter the population and for new populations to become established. Additionally, Contra Costa Goldfields require insects for successful pollination and seed production. Native solitary bees in the family Andrenidae are commonly associated with Contra Costa Goldfields and other vernal pool plant species. The presence of the bees is likely to be critical for the long-term viability of Contra Costa goldfields and other vernal pool plant populations. Contra Costa goldfields can be detected visually during the bloom period for this species which extends from March through June.

The Contra Costa Goldfields was federally listed as endangered on June 18, 1997, and critical habitat was designated on August 6, 2003 (USFWS, 2003b). The project area does not lie within designated critical habitat for this species. A Draft Recovery Plan for this and other vernal pool species was published in October 2004 (USFWS, 2005).

Contra Costa goldfields occur in coastal counties from Santa Barbara County to Mendocino County. Many of these historical occurrences are considered extirpated. Currently, this plant is known from about 15 populations concentrated primarily in the Fairfield-Suisun area in Solano County. Additional, presumably extant populations occur in Alameda, Contra Costa, Napa, Marin, Mendocino, and Monterey counties (CNPS, 2003).

Survey Results

Several sub-populations of the Contra Costa Goldfields exist in northeast Fairfield, within the watersheds of McCoy and western Union creeks. Most of these sub-populations are separated from each other by existing roads and development. A small population was historically reported in low areas along the railroad tracks that parallel Vanden Road, north of Travis AFB in the upper region of the watershed of Union Creek. This population appears to have been extirpated, but other undocumented populations may be present in vernal pool habitats east of Vanden Road. While this species is known to be present near the McCoy Detention Basin, there are no known populations within 250 feet of the project footprint. Additionally, this species has not been observed in the Action Area during the 2007 and 2012 focused plant surveys conducted for this project.

The following information regarding Contra Costa Goldfields is from the Hawthorne Mill Project Draft EIR/EIS, and is based on extensive surveys conducted for that project.

Within the project site, CCG is distributed primarily south of McCoy Creek where areas with low slope and shallow clay restricting layers support seasonal wetlands and shorter- duration vernal pools. These areas receive shallow inundation which reduces non-native annual grass cover and promotes moderate cover of native vernal pool plant species. Contra Costa goldfield density is highest east of the McCoy Basin where high soil salinity and even shallower clay layers in seasonal wetlands further reduce cover of competing vegetation. This species may also occur on the fringe of longer duration vernal pools where cover of competing vegetation is similarly reduced. Where slopes are steeper

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and/or surface soil layers are thicker, cover of competing grass species is too dense to provide suitable habitat for CCG. The more steeply sloped and mostly saturated—rather than ponded—seasonal wetlands in Hawthorne Mill East, and Hawthorne Mill West do not provide suitable habitat for CCG.

The eastern portion of the Hawthorne Mill Project where it overlaps with the project footprint and 250 buffer area for the Fairfield Train Station Project consists of the deeper soils and dense grasses described above that would not support suitable habitat for Contra Costa goldfields. The figure titled Wetland Features and Special Status Plant Occurrences, provided at the end of this document, illustrates the nearest locations of Contra Costa goldfields locations and is based on a map obtained from the Draft Solano County Habitat Conservation Plan, provided by Michelle Tovar of the USFWS. The nearest of these Contra Costa goldfields populations occur approximately 500 feet west of the project footprint. Habitat

The Action Area addressed in this BA does not occur within critical habitat for Contra Costa Goldfields. Contra Costa Goldfields grow in vernal pools, swales, and other depressions in open grassland and woodland communities, often in alkaline soils. Contra Costa goldfields occur under varying moisture, soil, and salinity conditions, indicating that different populations are ecologically unique. The potential variations in population characteristics suggest that conservation efforts should consider the potential differences in populations and attempt to preserve this diversity (Collinge et al., 2003).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings from outside the property fences during focused special-status plant surveys conducted for the Fairfield Train Station Project, indicate that Contra Costa Goldfields do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

Although known populations of Contra Costa goldfields occur within 500 feet of the Action Area, the deep soils and dense, tall non-native grasses and forbs found in the Action Area do not provide suitable habitat for this species. Therefore no impacts to Contra Costa goldfields are anticipated to occur as a result of project implementation.

Cumulative Effects

There are no cumulative effects from the Project on Contra Costa Goldfields.

4.1.2 Suisun Thistle

Suisun thistle was federally listed as endangered on November 20, 1997(USFWS, 1997 (62 FR 61916)) and The Suisun thistle will be included in the Tidal Marsh Ecosystem Recovery Plan, which is under development and which will include other species such as the endangered salt marsh harvest mouse and the California clapper rail (USFWS, 1984b).

Suisun thistle appears to be more abundant in years with lower water levels or higher salinities when competing species are less abundant (CDWR, 1996). Considering the fact that this thistle grows along bare sections of watercourses and appears to colonize disturbed areas, Suisun thistle may be a poor competitor and may require bare soils for seedling establishment. Suisun thistle has been found growing with bulrushes (Scirpus spp.) saltgrass (Distichlis spicata). Other associated plants include alkali heath (Frankenia salina), pickleweed (Salicornia virginica), broad-leaved pepper-weed (Lepidium latifolium), and rushes (Juncus spp.).

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Suisun thistle is endemic to Solano County, occurring only in Suisun Marsh. In 1975, this species was reported as possibly extinct, because it had not been collected for about 15 years (USFWS, 2003). It was rediscovered in 1989.

Survey Results

Due to the lack of tidal marshes, no suitable habitat for Suisun thistle occurs within of adjacent to the Action Area. Therefore this species is not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for Suisun Thistle. Suisun Thistle grows in the upper reaches of tidal marshes, most often near small watercourses such as sloughs or ditches dug for mosquito abatement.

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that Suisun thistle do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the project on Suisun Thistle and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on Suisun thistle.

4.1.3 Soft Bird's-beak

The soft bird's-beak was state-listed as rare in July 1979 and federally listed as endangered on November 20, 1997 (USFWS, 1997 (62 FR 61916)). Critical habitat for this species was designated on April 12, 2007 (USFWS, 2007). The soft bird's-beak will be included in the Tidal Marsh Ecosystem Recovery Plan, which is under development and which will include other species such as the endangered, Suisun thistle, salt marsh harvest mouse and the California clapper rail (USFWS, 1984b).

The range of soft bird's-beak used to include the counties bordering the Sacramento-San Joaquin river-delta, Suisun and San Pablo Bays, and the Marin and Sonoma counties' coast. It is now believed extirpated from Marin, Sacramento, San Joaquin, and Sonoma counties, and extant in salt marshes in Napa, Solano and Contra Costa counties.

Survey Results

Due to the lack of coastal salt marshes in the Action Area, no suitable habitat for soft bird's- beak occurs within of adjacent to the Action Area. Therefore this species is not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for Soft bird's- beak. Soft bird's-beak grows in coastal salt marshes, commonly in the marsh/upland transition zone with pickleweed (Salicornia virginica), jaumea (Jaumea carnosa), alkali heath (Frankenia salina), gumplant (Grindelia stricta), and saltgrass (Distichlis spicata). Habitats include seasonally flooded areas in hypersaline or eurysaline environments (CDWR, 1996).

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Soft bird's- beak, like many other Cordylanthus species, is a hemiparasite; it is partially dependent on other plants for mineral nutrients and water. It blooms July through November, depending on environmental conditions.

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that soft bird's-beak do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the project on soft bird's-beak and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on soft bird's-beak.

4.1.4 San Joaquin Valley Orcutt Grass

The San Joaquin Valley Orcutt grass was listed as federally threatened on March 26, 1997 (USFWS, 1997) and state listed in 1979 (CDFG, 2008b). It is also on the CNPS' List 1B (CNPS, 2008). Critical habitat for this species was designated on August 6, 2003 and revised in August 11, 2005 and did not include Solano County (USFWS, 2005). The San Joaquin Valley orcutt grass is part of the Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon.

Twenty-three populations of San Joaquin Valley orcutt grass are known in a 36-mile long strip in Fresno, Merced and Madera counties, on the east side of the San Joaquin Valley (USFWS, 2008). A population of San Joaquin Valley orcutt grass was found in May of 2003 on Muzzy Ranch, located directly east of Travis Air Force Base (CNPS, 2008b). The population on Muzzy Ranch is the only known occurrence of San Joaquin Valley orcutt grass on the west side of the Central Valley. This population was found on Solano loam in a playa pool and in an adjacent vernal pool and swale.

Survey Results

Due to the lack of vernal pools or large playa pool, no suitable habitat for San Joaquin Valley Orcutt grass occurs in the Action Area. No known populations are present within the Action Area, and none were observed during field surveys. Therefore, this species is not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for San Joaquin Valley Orcutt grass. San Joaquin Valley Orcutt grass grows in vernal pools or larger playa pools in clayey or sandy, generally alkaline soils.

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that San Joaquin Valley Orcutt grass do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

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Project Impacts and Mitigation Effects

There are no impacts from the Project on San Joaquin Valley Orcutt grass and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on San Joaquin Valley Orcutt grass.

4.2 Federally Listed/Proposed Animal Species The federally listed/proposed plant species applicable to the Project are vernal pool fairy shrimp, vernal pool tadpole shrimp, valley elderberry longhorn beetle, delta green ground beetle, California tiger salamander, California red-legged frog, giant garter snake, California clapper rail, or salt marsh harvest mouse.

4.2.1 Vernal Pool Fairy Shrimp

The vernal pool fairy shrimp was federally listed as threatened on September 19, 1994 (USFWS, 1994) and critical habitat was designated on August 6, 2003 (USFWS, 2003b). Portions of the Action Area lie within designated critical habitat. A Draft Recovery Plan for this and other vernal pool species was published in October 2004 (USFWS, 2004b).

Vernal pool fairy shrimp are dependent upon the seasonal variations of vernal pools, particularly the duration of inundation and presence or absence of water at specific times of the year (USFWS, 1994). Vernal pool fairy shrimp are capable of living in vernal pools with relatively short inundation periods (i.e., pools that pond from six to seven weeks in winter and three weeks in the spring) (Eriksen and Belk, 1999). Individual shrimp can mature in 18 days, but generally maturation takes an average of 41 days (Eriksen and Belk, 1999). Female shrimp carry eggs in a ventral brood sac, which are either dropped to the pool bottom or remain in the sac and sink with the female when she dies. It is unknown how many cysts can be produced per clutch and per year. The cysts dry out when the pool desiccates and not all cysts will hatch upon rehydration. Multiple hatchings in one wet season can occur depending on environmental conditions. Fairy shrimp can be difficult to detect visually. The USFWS's sampling protocol maximizes chances of detecting this species through dip netting at regular intervals throughout the period of pool inundation.

In 1994, the USFWS reported 178 records of the vernal pool fairy shrimp, representing 32 known populations, ranging from the Stillwater Plain in Shasta County through most of the length of the Central Valley to Paisley in Tulare County, and along the central coast range from northern Solano County to Pinnacles National Monument in San Benito County (USFWS, 1994). Disjunct populations have also been reported to occur in San Luis Obispo County, Santa Barbara County, and Riverside County, California, and in Jackson County, Oregon. Since 1994, there have been over 300 recoded occurrences (CDFG, 2006a ) of this taxon in 27 counties across the Central Valley and coastal ranges of California, inland valleys of southern California, and southern Oregon (USFWS, 2002). Although widely distributed, this shrimp species is locally uncommon throughout its historic range.

The main threat to vernal pool fairy shrimp is the loss of habitat resulting from human activities, including urban/suburban development, water supply/flood control development, and conversion of natural lands to intensively farmed agricultural uses. Other activities that have been identified by the USFWS as adversely affecting vernal pool fairy shrimp include off-road vehicle use, certain mosquito abatement measures, herbicide use, alterations of vernal pool hydrology, fertilizer and pesticide contamination, invasions of aggressive non- native plants, gravel mining, contaminated storm water runoff, and illegal fills (USFWS, 1994).

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Additionally, habitat fragmentation has adversely affected the dispersal abilities of vernal pool crustaceans, thereby inhibiting genetic exchange between populations, and the ability for populations to re-colonize areas where they have been extirpated. Historically, the primary dispersal method for vernal pool crustaceans was probably large scale flooding resulting from winter and spring rains. This dispersal method has been disrupted in the Central Valley by flood control measures and widespread urbanization, and agricultural conversion. Waterfowl and shorebirds are believed to be the current primary dispersal agents for vernal pool crustaceans: the eggs are either ingested and/or adhere to the legs and feathers where they are transported to new habitats (USFWS, 2002).

Survey Results

Vernal pool fairy shrimp are known to occur in pools in and adjacent to the McCoy Detention Basin to the west, at Travis Air Force Base, and in the Jepson Prairie Preserve east of Travis AFB. While vernal pool fairy shrimp has not been observed in the project area, it is conservatively assumed to be present based on the presence of suitable habitat in the project area, and the proximity and abundance of nearby populations. Features likely to support this species include Features 1 through 14 and Feature 117. Based on information in the Hawthorne Mill Project Draft EIR, it appears that Features 15 through 116 are unlikely to support this species due to the lack of ponding in these features, but lack of property access prevented confirmation of this condition.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for vernal pool fairy shrimp. Vernal pool fairy shrimp are generally found in small swales, earth slumps or basalt-flow depressions with grassy or muddy bottoms in unplowed grasslands, but are also found in water pooled in sandstone outcrops and in alkaline vernal pools (USFWS, 1994; Eriksen and Belk, 1999). Other factors contributing to the suitability of pools for vernal pool fairy shrimp include alkalinity, total dissolved solids (TDS), and pH (USFWS, 1994; Eriksen and Belk, 1999). This fairy shrimp occurs in pools with alkalinity ranging from 22-274 ppm, TDS of 48-481 ppm and a pH range from 6.3-8.5 (Eriksen and Belk, 1999). In 1994, the USFWS described the water in pools occupied by vernal pool fairy shrimp as having low conductivity and chloride, though specific numbers were not given. Vernal pool fairy shrimp have been found in pools ranging in size from 0.1 acres to 0.5 acres (Eriksen and Belk, 1999). However, in 1998, Platenkamp found that vernal pool fairy shrimp occurred more frequently in small, deep pools at Beale Air Force Base (Plantenkamp, 1998). Specific descriptions of the size and depth of occupied vernal pools were not reported in the Plantenkamp paper.

Avoidance and Minimization Efforts

All potential vernal pool crustacean habitat within the project footprint (Features 1 through 22) will be lost and mitigated for as described below under Section 5.2. For those features that lie outside the project footprint that will be subject to potential indirect impacts (Features 23 through 98), or will be avoided altogether (Features 99 through 117), the avoidance and minimization measures listed below will be implemented by the City or their consultant to ensure that those features being preserved in place will be avoided to the greatest extent feasible. These measures include the following.

 Prior to construction activities on the site, a protective fence shall be installed a minimum of one foot (or greater, if feasible) from the edge of all vernal pools, vernal swales and other wetland habitat occurring outside of the proposed construction areas. Prior to initiation of construction activities, a qualified biologist shall inspect the

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protective fencing to ensure that all wetland features have been appropriately protected. No encroachment into fenced areas shall be permitted during construction and the fence shall remain in place until all construction activities have been completed. For Feature 117, located east of Peabody Road and south of Markeley Lane, although Peabody Road is being widened in that area, construction will take place only to the west of the median. The east side of the road will not be impacted by construction activities. Nevertheless, the contractor will be required to install a silt fence to the west of Feature 117 to minimize potential indirect impacts.

 The City of Fairfield shall retain a qualified biologist to conduct Worker Environmental Awareness Program (WEAP) training for construction crews (primarily crew and construction foreman) before construction activities begin. The WEAP shall include a brief review of the special-status species and other sensitive resources that could occur in the proposed Study Area (including species life history and habitat preferences) and their legal status. The program shall also cover all mitigation measures, environmental permits and proposed project plans, such as the Stormwater Pollution Prevention Plan (SWPPP), best management practices (BMPs), erosion control and sediment plan, and any other required plans. During WEAP training, construction personnel shall be informed of the importance of avoiding ground-disturbing activities outside of the designated work area. The designated environmental inspector shall be responsible for ensuring that construction personnel adhere to the guidelines and restrictions. WEAP training sessions shall be conducted as needed for new personnel brought onto the job during the construction period.

 A biological monitor will be onsite to monitor construction activities that occur within 250 feet of a wetland to be preserved, to ensure compliance with all conservation measures and applicable resource agency permits. More than one monitor may be required depending on the distance between construction activities and the proximity to wetland resources.

 During work activities, trash that may attract predators will be properly contained, removed from the worksite, and disposed of regularly. Following construction, trash and construction debris will be removed from work areas.

 Spoil sites (concrete wash areas) will be located so they do not drain directly into the wetland areas. If a spoil site drains into a water body, catch basins will be constructed to intercept sediment before it reaches the channels. Spoil sites will be graded to reduce the potential for erosion.

 Staging and storage areas for equipment, materials, fuels, lubricants, and solvents will be located outside of the seasonal wetlands and over 250 feet away from vernal pools to be avoided. Any equipment or vehicles driven and/or operated within or adjacent to the ditch will be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic life.

 If the Corps or State Board determines additional USFWS FESA Section 7 consultations are necessary, the City will abide by the stipulations in the Corps concurrence letter.

 The Action Area must be restored to pre-existing contours to the extent feasible.

 If avoidance of vernal pool crustacean habitat occurring outside of the project footprint is infeasible, the City will compensate in accordance with USFWS guidelines for direct and indirect impacts to vernal pools and associated sensitive-species.

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 Implement avoidance and minimization BMPs when working within 10 feet of CDFG- USFWS-, or CNPS 1A- or 1B- Rare Plant Rank (RPR) species.

 The City will ensure that a qualified botanist conducts surveys and delineates areas with special status plant species. It is often preferable for early and late spring surveys to be conducted. This mitigation measure includes the following elements:

o Route construction activity away from sensitive plants to the degree feasible in keeping with project objectives or (avoid and/or protect on site), or

o If impacted, relocate plants to suitable habitat outside of the project area, whether within applicant-owned land or off-site, or

o Protect occupied habitat for the species on-site or at another regional location.

Project Impacts and Mitigation Effects

The project would result in approximately 0.364 acre of direct, permanent impacts and 0.305 acre of indirect impacts to potential habitat for vernal pool fairy shrimp. Direct, permanent impacts are those within the project area. Indirect impacts are considered those within the 250-foot buffer zone around the project area. While no vernal pool fairy shrimp have been documented to occur in the Action Area, potential habitat is present within the project footprint and within 250 feet of its boundaries, and numerous records for the species occur within two miles. Ground disturbance related to development of the site will result in the direct and permanent loss of 0.364 acre of this habitat, and in indirect impacts on an additional 0.305 acre of potentially suitable habitat. While there is no feasible alternative to avoid the direct permanent impacts in the project footprint, avoidance measures discussed in this document will ensure that indirect impacts to vernal pool fairy shrimp are minimized to the extent feasible.

Cumulative Effects

Cumulative effects include the effects of future State, local, or private actions that are reasonably certain to occur in the Action Area considered in this BA. Future federal actions that are unrelated to the proposed project are not treated as cumulative effects for the purpose of consultation under Section 7 of the ESA because they will require separate consultation in the future.

The habitat in the Action Area is of poor quality due to disturbance related to the proximity to urban areas and the high degree of human activity and disturbance. While loss of this habitat will incrementally decrease the available habitat for vernal pool crustaceans, the acreage impacted is very small relative to the available habitat in the region, and the mitigation requirements will result in the preservation and creation of much higher quality habitat in an area that is contiguous with other areas of high quality habitat.

4.2.2 Vernal Pool Tadpole Shrimp

On September 19, 1994, the vernal pool tadpole shrimp was listed as endangered (USFWS, 1994) and critical habitat was designated on August 6, 2003 (USFWS, 2003b). Portions of the Action Area lie within designated critical habitat. A Draft Recovery Plan was released for this species (and other vernal pool species) in October 2004 (USFWS, 2004b).

Vernal pool tadpole shrimp mature more slowly than fairy shrimp, and are longer lived.

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Typically, adults will survive and reproduce until the vernal pool dries (Rogers, 2001). These animals may not emerge every year, sometimes as rarely as once every four years (Rogers, 2000). Vernal pool tadpole shrimp can be difficult to detect because of the species' habit of dwelling on muddy pool bottoms, where they may burrow through vegetative layers (Rogers, 2000) The USFWS's sampling protocol maximizes chances of detecting this species through dip netting at regular intervals throughout the period of pool inundation.

The vernal pool tadpole shrimp is endemic to the Central Valley of California, with the majority of populations in the Sacramento Valley portion. The greatest numbers of records for this species come from Sacramento, Solano, Butte, and Tehama counties. This species has also been reported from Sacramento River Delta on the east side of San Francisco Bay, and from a few scattered localities in the eastern San Joaquin Valley from San Joaquin County to Madera County (Rogers, 2001). The USFWS reviewed new information on vernal pool tadpole shrimp in 2000, and found the current range and distribution of the species to be as described in the 1994 final listing rule (USFWS, 2000).

Like the vernal pool fairy shrimp, the main threat for the vernal pool tadpole shrimp is habitat loss and degradation of habitat from urban development and agriculture.

Survey Results

Vernal pool tadpole shrimp are known to occur in pools adjacent to the intersection of Walters Road and Airbase Parkway, and in the Jepson Prairie Preserve east of Travis AFB. While vernal pool tadpole shrimp has not been observed in the project area, it is conservatively assumed to be present based on the presence of suitable habitat in the project area, and the proximity and abundance of nearby populations. Features likely to support this species include Features 1 through 14 and Feature 117. Based on information in the Hawthorne Mill Project Draft EIR, it appears that Features 15 through 116 are unlikely to support this species due to the lack of observed ponding at these locations, but lack of property access prevented confirmation of this condition.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for vernal pool tadpole shrimp. Vernal pool tadpole shrimp occur in a wide variety of seasonal habitats including vernal pools, clay flats, alkaline pools, ephemeral stock tanks, road side ditches, and road ruts (Rogers, 2001; Helm, 1998). Habitats where vernal pool tadpole shrimp have been observed range in size from small, clear, well vegetated vernal pools to highly turbid alkali scald pools to large winter lakes (Rogers, 2001). Slightly more than half of the occurrences found by Helm were on high terrace landforms supporting Redding and Corning soils (Helm, 1998). Occupied habitats range in size from vernal pools as small as 21 square feet to large vernal lakes up to 89 acres; the potential ponding depth of occupied habitat ranges from 1.5 inches to five feet (Helm, 1998). Tadpole shrimp cysts (resting eggs) must dry out before they will hatch.

Typically the vernal pool tadpole shrimp is found in habitats that are deeper than five inches, that pond for 15 to 30 days, and that do not suffer wide daily temperature fluctuations. The vernal pool tadpole shrimp has not been reported as utilizing strongly saline habitats. Otherwise this species is found in seasonal wetlands and other winter/spring time temporarily ponded areas of sufficient size (depth and area) and seasonality, ponding for a sufficient duration to maintain conducive water temperatures to allow the vernal pool tadpole shrimp to complete their life cycle (Rogers, 2001).

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Avoidance and Minimization Efforts

See Avoidance and Minimization Efforts under the discussion of vernal pool fairy shrimp above.

Project Impacts and Mitigation Effects

The project would result in approximately 0.364 acre of direct, permanent impacts and 0.305 acre of indirect impacts to potential habitat for vernal pool tadpole shrimp. Direct, permanent impacts are those within the project area. Indirect impacts are considered those within the 250-foot buffer zone around the project area. While no vernal pool tadpole shrimp have been documented to occur in the Action Area, potential habitat is present within the project footprint and within 250 feet of its boundaries, and numerous records for the species occur within two miles. Ground disturbance related to development of the site will result in the direct and permanent loss of 0.364 acre of this habitat, and in indirect impacts on an additional 0.305 acre of potentially suitable habitat. While there is no feasible alternative to avoid the direct permanent impacts in the project footprint, avoidance measures discussed in this document will ensure that indirect impacts to vernal pool tadpole shrimp are minimized to the extent feasible.

Cumulative Effects

4.2.3 Valley Elderberry Longhorn Beetle

The valley elderberry longhorn beetle (VELB) was federally listed as a threatened species on August 8, 1980, at which time critical habitat was designated in Sacramento County along the American River. A Recovery Plan for the species was published in 1984. The Action Area does not occur within designated critical habitat for this species.

VELB larvae are woodborers and feed internally on the roots and pith of main stems of the elderberry. Adults feed on the flowers and foliage of the elderberry plant. Adult beetles are active when the elderberry is in flower, usually between about mid-March through mid-June. Larvae may be active year round, but this has not been confirmed due to the difficulty of rearing them in the lab. There is only one generation per year. The larvae of a related eastern species, D. palliatus, are believed to require several years to complete their development (Craighead, 1923). Fresh emergence holes made by larvae are generally found in younger elderberry plants or older plants with new growth, whose stem diameters are no more than 3-4 inches. These observations suggest that larvae may prefer to feed on younger plants. Adults are diurnal and are most frequently encountered during the warmest parts of the day. The daily activity pattern of larvae, if any, is unknown. Although adults can fly, they are rather poor fliers, suggesting that they are not migratory; however, there is no information about seasonal

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Range size, species densities, seasonal variation, and minimum viable population size are unknown. Mortality rates have never been studied due to the beetle's rarity. Adults probably live for a few to several weeks, while larvae are presumed to mature slowly and require several months or years to complete their development.

The elderberry longhorn beetle is endemic to California and primarily restricted to Central Valley riparian areas (Linsley and Chemsak, 1972). The beetle occurs in scattered riparian remnants throughout the Central Valley of California from Tehama to Kern counties (Arnold, 1990; USFWS, 1984a). It is also known from Sierra Nevada foothill locations from Placer to Fresno counties (Barr, 1991).

Due to the secretive nature of the beetle, little is known about distribution. Existing range is largely based upon presence of beetle exit holes in elderberry stems. Because of this secretive lifestyle, most analyses of beetle range and impacts to the beetle are based mainly upon loss of its requisite habitat, the elderberry shrub.

Prior to 1984, existing knowledge placed the distribution of VELB along the Sacramento and American Rivers of central California. Subsequent surveys increased the known range to include the Sacramento River near Redding, Caliente Creek in Kern County, the foothills of the coastal ranges, and the Sierra Nevada foothills to 2000 feet in elevation. Researchers currently believe the beetle intergrades with coastal subspecies in the western foothills of the Central Valley.

The beetle's current distribution is patchy throughout the remaining habitat of the Central Valley from Redding to Bakersfield. The beetle appears to be found only in localized population clusters and unevenly distributed across available elderberry shrubs. Range-wide surveys conducted in 1991 found beetle activity at 28 percent of the 230 elderberry sites evaluated (Barr, 1991).

Because the VELB is patchily distributed within appropriate habitat and is not easily detected, it is difficult to accurately determine the species' distribution. Current research shows that the entire range has not been systematically surveyed to determine the status of the beetle. Rather, entomologists have generally focused on areas where historical records were known or where project-related surveys were required.

The USFWS believes VELB, though wide-ranging, is in long-term decline due to widespread alteration and fragmentation of its riparian, and to a lesser extent, its upland habitats by human activities (Katibah, 1984; Katibah et al., 1981; Smith, 1977; Thompson, 1961; Barr, 1991). Agricultural pesticides (Ingram et al., 1996), grazing of elderberry shrubs by livestock, the exotic Argentine ant (Linepithema humile) (Huxel, 2000; Holway, 1995; Ward, 1987), and illegal trimming and removal of elderberry shrubs are also believed to have contributed to this downward trend. Additional threats in the Sierra Nevada foothills include loss of riparian areas from mining operations, hydroelectric generation plants, housing development, water diversions, and road and railroad construction (Kondolf et al., 1996).

Survey Results

There are nine records for VELB in the CNDDB for Solano County. The nearest of these records is approximately three miles to the west of the McCoy Detention Basin, in the foothills northwest of the City of Fairfield. Additional records occur along Putah Creek, Lake Berryessa, and the nearby foothills approximately eight miles north of the Action Area. No elderberry shrubs, which are the sole habitat for VELB occur within or adjacent to the Action Area, therefore this species is not anticipated to occur in the Action Area.

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Habitat

The Action Area addressed in this BA does not occur within critical habitat for VELB. VELB are found in remnants of riparian and elderberry (Sambucus spp.) savanna habitats in the Central Valley and foothill locations. The beetle's larval food plants are elderberry, primarily Sambucus mexicana. Occupied habitat typically occurs in areas supporting other trees and shrubs characteristic of riparian vegetation, especially larger trees such as valley oak (Quercus lobata), western sycamore (Platanus racemosa), box elder (Acer negundo), Oregon ash (Fraxinus latifolia), and Fremont cottonwood (Populus fremontii). It has been suggested that areas with a greater diversity of riparian tree and shrub taxa provide higher quality habitat for the beetle (Barr, 1991; USFWS, 1999b).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that VELB do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on VELB and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on VELB.

4.2.4 Delta Green Ground Beetle

The delta green ground beetle was listed as a federally threatened species on August 8, 1980 (45 FR 52807). Critical habitat was designated for the delta green ground beetle in Solano County on August 8, 1980 (45 FR 52807). The U.S. Fish and Wildlife Service designated two areas, which are separated by one-half mile and total approximately 960 acres as critical habitat (USFWS, 1999a). These areas include the Jepson Prairie Preserve and the western portions of the Gridley Mitigation Bank. The Action Area is not included within designated critical habitat for this species. A Recovery Plan for the delta green ground beetle (and Solano grass) was published on September 11, 1985. A Revised Recovery Plan for the species will be included in the Draft Recovery Plan for northern California vernal pool species.

Knowledge of the delta green ground beetle's life history is incomplete and is based on observations of other species or inferred from limited data (USFWS, 1999a). Adult beetles seem to be active from the time they emerge in January until mid-May, after which they enter an inactive phase called a diapause. Female beetles probably reproduce only one time a year in early winter (USFWS, 1999a). Captive-bred specimens have a seven-stage life cycle, with each stage taking five to seven days for a total of 35 to 45 days for complete development (USFWS, 1999a). The seven stages include egg, three larval instars or molts, pre-pupa, pupa, and adult (USFWS, 1999a). The beetle larvae often hide in dense vegetation or deep cracks (up to 15-18 inches) in the ground, where they presumably pupate and survive the hot Sacramento Valley summer and fall before they emerge as adults in the winter. Adults remain active during the wet season in winter and spring and may enter another diapause as adults in late spring or early summer (USFWS, 1999a). The beetle's life span is estimated at 9-12 months or more. Whether adults live for more than one year is unknown (USFWS, 1999a).

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Delta green ground beetle adults and larvae are presumed to be predatory and feed by sight (USFWS, 2001). The diet of delta green ground beetle most likely includes small soft-bodied arthropods and invertebrates, such as springtails (order Collembola), terrestrial chironomid midges, and beetle larvae (USFWS, 1999a).

Adult delta green ground beetles are often found from early February to mid-May, but have been seen as early as late fall. The beetle is largely diurnal but may be active during the evening (USFWS, 1999a). Larvae of the beetle are rarely seen due to their small size and because they hide in dense vegetation and deep cracks in the ground (USFWS, 1999a).

The delta green ground beetle is believed to have been extirpated from much of its former range. Loss and alteration of vernal pool and grassland habitat in the mid-1800s were most likely major factors in the species' decline (USFWS, 1999a). Known delta green ground beetle populations are currently relatively secure. Most of the known habitat for this beetle that lies outside of the current urban boundaries, is owned by the Solano Land Trust/The Nature Conservancy (Jepson Prairie, Wilcox Ranch), or is being considered for other conservation uses such as mitigation banks. Potential habitat that could support unknown populations occurs in the vernal pool areas north of Potrero Hills and north of Travis AFB. Other threats associated with declining populations of the delta green ground beetle include introductions of invasive plants [such as the garden lippia (Phyla sp.)], urban and suburban development, alterations of vernal pool hydrology, incompatible grazing practices, pipeline and transmission line operation and maintenance, naturally occurring events, vandalism, illegal collecting, and potential exploratory drilling and sludge disposal activities (USFWS, 1999a; USFWS, 2001).

The historic range of the delta green ground beetle is unknown (USFWS, 1999a). The widespread disruption of wetland and grassland habitat of the Central Valley since the mid- 1800s suggests that the beetle's range has shrunk and become highly fragmented (USFWS, 2001). A single delta green ground beetle specimen was collected in the 1800s in an unspecified area of California. The species was rediscovered in the greater Jepson Prairie area of Solano County in 1974, where it presently occurs (USFWS, 1999a). The diking and plowing of one of the sites where the beetle was discovered in 1974 and 1975 has presumably caused the beetle to be extirpated from that site (USFWS, 1999a).

Survey Results

Presently, the beetle is known only from the Jepson Prairie area in Solano County. The beetle is estimated to occur in an area of less than 5,000 acres (USFWS, 1999a). Population sizes are unknown and difficult to estimate, but only a few hundred have been seen since their rediscovery in 1974 and only 50 specimens have been collected (USFWS, 1999a). Recently the number of beetles appears to have declined, possibly due to the temporary removal of managed grazing (USFWS, 1999a). The beetle's current range includes the Solano Land Trust's Jepson Prairie Preserve and adjacent privately owned sites (UC Berkeley, 2001). The nearest population occurs approximately 3.5 miles southeast of the Action Area, east of Travis Air Force Base.

A focused survey for delta green ground beetle was conducted by Richard Arnold in the Hawthorne Mill Project Area that consisted of more than 20 visits between January and May of 2006. These surveys did not reveal the presence of delta green ground beetle or their prey species (Arnold, 2007). Due to the lack of observations of delta green ground beetle or its prey species, the location of the Action Area outside of the currently known range of the species, and the lack of suitable habitat, this species is not expected to occur in the Action Area.

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Habitat

The Action Area addressed in this BA does not occur within critical habitat for delta green ground beetle. Delta green ground beetles appear to prefer grassland habitat that is interspersed with vernal pools or playa pools, which are larger vernal pools that typically hold water for long time periods (USFWS, 1991). The preferred habitat of the delta green ground beetle is largely unknown. Some entomologists believe that the species prefers more open habitats along the edges of pools, trails, roads and ditches, where they often hide in cracks in the ground and vegetation (USFWS, 1999a). However, the small size and elusive habits of the beetle often hinders observation in other more densely vegetated habitat types (USFWS, 2001). Adult beetles may also occur in the surrounding grasslands (USFWS, 2001).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that delta green ground beetle do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on delta green ground beetle and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on delta green ground beetle.

4.2.5 Conservancy Fairy Shrimp

The Conservancy fairy shrimp was listed as a federally endangered species on September 19, 1994 (USFWS, 1994a).

Female Conservancy fairy shrimp carry their eggs in an oval or elongate brood sac on their abdomen. Eggs are either dropped to the pool bottom or remain in the brood sac until the female dies and sinks (Federal Register, 1994). Resting (summer) eggs are known as cysts and are capable of withstanding heat, cold, and prolonged dry periods. The cyst bank in the soil of a desiccated vernal pool may be comprised of cysts from several years of breeding (Donald, 1983). As the vernal pools refill with rainwater, in the same or subsequent seasons, some of the cysts may hatch. Early stages of fairy shrimp develop rapidly into adults. The shrimp take an average of 49 days to reach maturity (Helm, 1998). These populations often disappear early in the season, long before the vernal pools dry up (Federal Register, 1994). The species is primarily observed from November to early April (Federal Register, 1994). The Conservancy fairy shrimp is usually collected at cool temperatures and are relatively long-lived (Simovich et al., 1992; Federal Register, 1994). In a study by Helm (1998), the species had an average life span of 123 days.

Historically, Conservancy fairy shrimps might have dispersed during large flood events that allowed the species to colonize different individual pools or pool complexes (USFWS, 1999a). Urban development and the construction of dams, levees, and other flood control measures have limited this dispersal method. Waterfowl and shorebirds, which ingest and/or transport the cysts while attached to their legs or feathers to new habitats (Krapu, 1974; Swanson et al., 1974; Ahl, 1991), are likely the shrimp's primary current dispersal agent. The ability of the species to disperse is important for the long-term survival and recovery of the species as the dispersing individuals can re-colonize areas subjected to localized

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Fairfield/Vacaville Train Station Project Biological Assessment extinctions.

Historically, this species is believed to have been found in vernal pool complexes throughout the Central Valley. Between 67 and 88 percent of vernal pool habitat in the Central Valley was lost by 1973 (Holland, 1978). The USFWS's analysis of Holland's report determined a more accurate historic loss estimate of 60 to 85 percent (USFWS, 1999a). Since 1973, several more acres of Conservancy fairy shrimp habitat have been lost or altered by human activities. Between 1987 and 1992, 467 acres of wetlands in the Central Valley, the majority of which were vernal pools, were filled (USFWS, 1992) estimated the average rate of loss of vernal pool habitat in California was 1.4 percent per year in the late 1980s to mid 1990s. Rapid urbanization of the Central Valley of California currently poses the most severe threat to the species (USFWS, 2001). Habitat loss and alteration due to water supply and flood control projects, agriculture, and agricultural conversions (e.g., rangeland to leveled, irrigated crops, vineyards, or orchards) are also major threats to the species' existence. Other threats to the shrimp include off-road vehicle use, certain mosquito abatement measures, pesticides/herbicide use, alterations in vernal pool hydrology, fertilizer contamination, invasive non-native plants, gravel mining, and contaminated stormwater runoff (USFWS, 1999a).

These factors have resulted in the isolation and fragmentation of habitats, often precluding dispersal between populations or sub-populations. This fragmentation results in small isolated populations. Ecological theory suggests that these populations could be highly susceptible to extinction due to chance events, inbreeding depression, or additional environmental disturbance (Gilpin and Soule, 1986; Goodman, 1987a, 1987b). Should extinction occur in a population that has been fragmented, the opportunities for recolonization could be greatly reduced due to geographical isolation from other populations (USFWS, 2001).

The primary threats to the Conservancy fairy shrimp in Solano County are urban development, agricultural conversions, agricultural use, and water supply and flood control projects. State and local laws and regulations have not been passed to protect the shrimp and other regulatory mechanisms have proven ineffective (USFWS, 1999a).

The historic range of the Conservancy fairy shrimp likely included the Central Valley of California. Conservancy fairy shrimp populations are presently known from six localities: Vina Plains, Tehama County; south of Chico, Butte County; Jepson Prairie and near the Potrero Hills, Solano County; Sacramento National Wildlife Refuge, Glenn County; the Mapes Ranch in Stanislaus County; several locations in Merced County; and possibly the Lockewood Valley in northern Ventura County (USFWS, 1999a; Eriksen and Belk, 1999).

Survey Results

Conservancy fairy shrimp are known primarily from the Jepson Prairie area within Solano County, including the Jepson Prairie Preserve, and the potential Muzzy and Gridley mitigation banks. Additional records of the Conservancy fairy shrimp are from the large vernal pools lying along the base of the Potrero Hills and one location near Collinsville. Suitable large pool habitat is also present in northeast Fairfield/north of Travis AFB although the Conservancy fairy shrimp has yet to be documented there. Population levels are unknown and difficult to quantify, but in suitable, large pool habitats, most fairy shrimp at times can occur in "great numbers" (Eriksen and Belk, 1999). Based on the lack of suitable large playa pools in the Action Area, Conservancy fairy shrimp is not anticipated to occur within the Action Area.

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Habitat

The Action Area addressed in this BA does not occur within critical habitat for Conservancy fairy shrimp. Conservancy fairy shrimp inhabit ephemeral or temporary pools of somewhat turbid fresh water (vernal pools) that form in the cool, wet months of the year (Johnson and Williams, 1996). The pools inhabited by the Conservancy fairy shrimp are typically large, such as the 36 hectare (89 acre) Olcott Lake at Jepson Prairie (Federal Register 1994). The pools at Jepson Prairie and Vina Plains inhabited by the Conservancy fairy shrimp have neutral pH, and very low conductivity, total dissolved solids (TDS), and alkalinity (Barclay and Knight, 1984; Eng et al., 1990). Fairy shrimp are not known to occur in permanent bodies of water, and are dependent upon seasonal fluctuations in their habitat, including intermittent hydrological conditions (Johnson and Williams, 1996).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that Conservancy fairy shrimp do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on Conservancy fairy shrimp and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on Conservancy fairy shrimp.

4.2.6 Delta Smelt

The delta smelt was federally listed as a threatened species on March 5, 1993, and critical habitat was designated on December 14, 1994 (USFWS, 1994b). The Action Area does not fall into critical habitat for this species. In March 2006, the USFWS was petitioned to upgrade the listing status of delta smelt from threatened to endangered (Center for Biological Diversity, 2006). This petition has not, as yet, been acted upon by the USFWS.

Delta smelt are slender-bodied fish, about two to three inches long. Delta smelt inhabit open, surface waters of the Delta and Suisun Bay, where they school and feed on zooplankton. Spawning takes place between February and July with a peak between March and April (Moyle, 2002). Spawning habitat is believed to be shallow edge-water habitats of sloughs and the Sacramento River. Delta smelt eggs sink and adhere to the substrate, indicating that some sort of hard surface is likely chosen for spawning (Moyle, 2002).

Because delta smelt have a one-year life span, their abundance and distribution may fluctuate widely from year to year. Years of major decline have been unusually dry years with exceptionally low outflows (1987-1991) and unusually wet years with exceptionally high outflows (1982, 1986). High outflows presumably flush delta smelt out of the system along with much of the zooplankton. This means that not only is potential spawning stock of delta smelt reduced, but its food supply as well. Depletion of established populations of invertebrates and fish may have made it easier for exotic species of copepods, clams and fish to colonize the estuary, which may be detrimental to delta smelt (USFWS, 1996).

Delta smelt are found only in the Sacramento-San Joaquin delta. They generally occur from the Suisun Bay upstream through the Delta in Contra Costa, Sacramento, San Joaquin, Solano, and Yolo counties. The upstream limit of their distribution is near Isleton on the

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Sacramento River and Mossdale on the San Joaquin River (Moyle, 2002). They used to be one of the most common pelagic (living in open water away from the bottom) fish in the upper Sacramento-San Joaquin Estuary (USFWS, 1996). This species is not known to occur in the Action Area.

Survey Results

The Action Area occurs outside of the known range for delta smelt, and no suitable habitat for this species occurs there. Therefore delta smelt are not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for Delta smelt. Delta smelt are tolerant of a wide range of salinities. They have been collected from estuarine waters up to over 18 parts per thousand (ppt) salinity. For a large part of their one- year life span, delta smelt live along the freshwater edge of the saltwater-freshwater interface, where the salinity is approximately 2-7 ppt. Shortly before spawning, adults migrate upstream from the brackish-water habitat associated with the mixing zone and disperse widely into river channels and tidally influenced backwater sloughs. They spawn in shallow, fresh or slightly brackish water upstream of the mixing zone. Most spawning happens in tidally influenced backwater sloughs and channel edgewaters. Although spawning has not been observed in the wild, the eggs are thought to attach to substrates such as cattails, tules, tree roots and submerged branches.

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that delta smelt do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on delta smelt and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on delta smelt.

4.2.7 California Tiger Salamander

The California tiger salamander was listed as threatened on August 4, 2004, and critical habitat was designated on August 10, 2004. The Action Area does include critical habitat for this species. A Draft Recovery Plan has not been released for the California tiger salamander.

California tiger salamanders spend the majority of their time in small mammal burrows and other underground retreats. During the breeding season, this species migrates during rainy nights to breeding pools that may be as far as 1.24 miles away from their underground retreats. California tiger salamander requires seasonal, or predator (fish and crayfish) free water bodies such as vernal pools, seasonal wetlands and stock ponds. After migration to these breeding pools, the adults spawn, attaching their eggs individually or in small clusters onto submerged vegetation or other underwater materials. The larvae hatch and develop to metamorphosis prior to the pools drying out in the late spring/summer. At this time the newly terrestrial young disperse to nearby underground retreats. In perennial ponds, larvae may

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California tiger salamanders require unobstructed access to their breeding sites from their underground retreats. Due to the long potential distances between upland and breeding habitat, artificial barriers can effectively cut populations off from their breeding sites, and result in the eventual demise of the local population.

The primary threat to the California tiger salamander is habitat loss and degradation of habitat from urban development and agriculture. Habitat fragmentation, particularly when breeding sites are cut off from upland habitat, is also a major threat. Additional threats include chemical pollution, changes in hydrology and introduction of non-native predators such as fish and crayfish. Non-native invasive grasses and other vegetation can become a threat when it becomes so dense that the salamanders cannot migrate through it.

The California tiger salamanders are believed to have ranged historically through much of the Central Valley from Yolo, Solano and southern Sacramento counties to the southern San Joaquin Valley, the foothills of the Coast Range from Solano and Contra Costa counties to Monterey County, with disjunct populations in Santa Barbara County and Sonoma County near Santa Rosa (Jennings and Hayes, 1994). Although the extent of the original geographic range of this species is largely unchanged, California tiger salamanders have been extirpated from approximately 55 percent of the area within this historic range (Jennings and Hayes, 1994).

Survey Results

Two known breeding pools for California tiger salamanders occur within 1.24 miles of the eastern end of Action Area where only track work is proposed. One pool occurs on the Noonan property to the east of the Action Area along Vanden Road. The other pool occurs along the east side of the North Bay Regional Water Treatment Plant off of Peabody Road north of the Action Area, also along Vanden Road. Additional occurrences are known from suitable habitat to the south and east of the Action Area, particularly in and near the Jepson Prairie Preserve east of Travis Air Force Base. The Action Area occurs in a portion of the overlapping Jepson Parkway Project Action Area, outside of the area where impacts on California tiger salamander were likely to occur. No suitable habitat, or known occurrences of California tiger salamander were documented in any portion of the Fairfield Train Station Action Area, therefore, California tiger salamander are not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for California tiger salamander. California tiger salamanders occur in grasslands and in the grassy understory of open woodlands where abundant small-mammal burrows, (e.g., those of California ground squirrels (Spermophilus beecheyi) are present. Upland habitat for this species is typically within one mile of suitable breeding sites such as vernal pools, seasonal or fishless natural ponds, intermittent streams, or stock ponds.

Avoidance and Minimization Efforts

California tiger salamander is not anticipated to occur in the Action Area due to the lack of suitable habitat, therefore no impacts to California tiger salamander are anticipated to occur as a result of project implementation.

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Project Impacts and Mitigation Effects

There are no impacts from the Project on California tiger salamander and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on California tiger salamander.

4.2.8 California Red-legged Frog

The California red-legged frog was federally listed as threatened on May 23, 1996 (USFWS, 1996). In 2002 the USFWS published a Recovery Plan for the frog and critical habitat was designated in 2006. A proposed revision to the critical habitat was published on September 16, 2008 (USFWS, 2008).

California red-legged frogs are currently threatened by human activities: degradation and loss of its habitat through urbanization, mining, improper management of grazing, recreation, invasion of nonnative plants, impoundments, water diversions, degraded water quality and introduced predators. These factors have resulted in the isolation and fragmentation of habitats within many watersheds. This often prevents dispersal between sub-populations. The fragmentation of existing habitat, and the continued colonization of existing habitat by nonnative species, may represent the most substantial current threats to California red- legged frogs.

The historic range of the California red-legged frog extended along the coast from the vicinity of Point Reyes National Seashore, Marin County, California, and inland from the vicinity of Redding, Shasta County, California, southward to northwestern Baja California, Mexico. California red-legged frogs have been documented in 46 counties in California, but now remain in only 238 streams or drainages in 31 counties.

California red-legged frogs are presumed to have been extirpated from aquatic habitat on the floor of the Central Valley. However, excluding the valley floor in Solano County, suitable California red-legged frog habitat does still exist. Such habitat primarily occurs in the hills in the western portion of the county, particularly in the areas of the Vaca Mountains, Suisun Valley, Green Valley including Terminal reservoir, northwest of Fairfield, and the triangle or tri- city/county open space roughly defined by Interstate Highways 80, 680 and 780 between Vallejo, Cordelia, and Benicia. However, the only known records for the frog are from the tri- city/county open space area and the hills north of I-80 (identified as the Jameson Canyon- Lower Napa River Core Recovery Area) and in the Stebbins Cold Canyon Preserve in the northwest corner of the county.

Survey Results

No suitable habitat for California red-legged frog occurs in the Action Area, and the nearest known populations occur over 9 miles away, therefore, this species is not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for California red- legged frog. The California red-legged frog occupies a fairly distinct habitat, combining both specific aquatic and riparian components. Adults need dense, shrubby, or emergent riparian vegetation closely associated with deep (greater than 2 1/3-foot deep) still or slow moving water. The largest densities of California red-legged frogs are associated with deep-water

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Fairfield/Vacaville Train Station Project Biological Assessment pools with dense stands of overhanging willows and an intermixed fringe of cattails. Well- vegetated terrestrial areas within the riparian corridor may provide important sheltering habitat during winter. California red- legged frogs aestivate (enter a dormant state during summer or dry weather) in small mammal burrows and moist leaf litter. They have been found up to 100 feet from water in adjacent dense riparian vegetation.

Avoidance and Minimization Efforts

California red-legged frog is not anticipated to occur in the Action Area due to the lack of suitable habitat, therefore no impacts to California red-legged frog are anticipated to occur as a result of project implementation.

Project Impacts and Mitigation Effects

There are no impacts from the Project on California red-legged frog and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on California red-legged frog.

4.2.9 Giant Garter Snake

The USFWS published a proposal to list the giant garter snake as an endangered species on December 27, 1991 (USFWS, 1991). The USFWS reevaluated the status of the giant garter snake before adopting the final rule. The giant garter snake was listed as a threatened species October 20, 1993 (USFWS, 1993a).

Fitch described the historical range of the species as extending from the vicinity of Sacramento and Contra Costa counties southward to Buena Vista Lake, near Bakersfield, in Kern County (Fitch, 1940). Prior to 1970, the giant garter snake was recorded historically from 17 localities (Hansen and Brode, 1980). Five of these localities were clustered in and around Los Banos, Merced County. The paucity of information makes it difficult to determine precisely the species' former range. Nonetheless, these records coincide with the historical distribution of large flood basins, fresh water marshes, and tributary streams. Surveys over the last two decades have located the giant garter snake as far north as the Butte Basin in the Sacramento Valley.

As recently as the 1970s, the range of the giant garter snake extended from near Burrel, Fresno County (Hansen and Brode, 1980), northward to the vicinity of Chico, Butte County (Rossman and Stewart, 1987). California Department of Fish and Game (CDFG) studies indicate that giant garter snake populations are currently distributed in portions of the rice production zones of Sacramento, Sutter, Butte, Colusa, and Glenn counties; along the western border of the Yolo Bypass in Yolo County; and along the eastern fringes of the Sacramento-San Joaquin River delta from the Laguna Creek-Elk Grove region of central Sacramento County southward to the Stockton area of San Joaquin County (Jennings & Hayes, 1996).

Survey Results

The nearest records for giant garter snake in the CNDDB are over 10 miles east of the Action Area. Occurrence #79 from 1987 is approximately 10.5 miles east of Leisure Town Road, and Occurrence #82 from 1994 is approximately 12 miles east of Leisure Town Road. The Action Area is outside of the known range for this species, and no suitable habitat is present, therefore giant garter snake is not anticipated to occur in the Action Area.

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Habitat

The Action Area addressed in this BA does not occur within critical habitat for giant garter snake. Endemic to wetlands in the Sacramento and San Joaquin valleys, the giant garter snake inhabits marshes, sloughs, ponds, small lakes, low gradient streams, and other waterways and agricultural wetlands, such as irrigation and drainage canals and rice fields. Giant garter snakes feed on small fishes, tadpoles, and frogs (Fitch, 1941; Hansen, 1980; Hansen, 1988). Habitat requisites consist of: (1) adequate water during the snake's active season (early-spring through mid-fall) to provide food and cover; (2) emergent, herbaceous wetland vegetation, such as cattails and bulrushes, for escape cover and foraging habitat during the active season; (3) grassy banks and openings in waterside vegetation for basking; and (4) higher elevation uplands for cover and refuge from flood waters during the snake's dormant season in the winter (Hansen, 1980). Giant garter snakes are typically absent from larger rivers and other water bodies that support introduced populations of large, predatory fish, and from wetlands with sand, gravel, or rock substrates (Hansen, 1980; Rossman and Stewart, 1987; Hansen, 1988). Riparian woodlands do not provide suitable habitat because of excessive shade, lack of basking sites, and absence of prey populations (Hanson, 1980).

The giant garter snake inhabits small mammal burrows and other soil crevices above prevailing flood elevations throughout its winter dormancy period (i.e., November to mid- March). Giant garter snakes typically select burrows with sunny exposure along south and west facing slopes. Giant garter snakes also use burrows as refuge from extreme heat during their active period. The U.S. Geological Survey (USGS) has documented the giant garter snake using burrows in the summer as much as 165 feet away from the marsh edge (Wylie et al., 1997). Overwintering snakes have been documented using burrows as far as 820 feet from the edge of marsh habitat. During radio-telemetry studies conducted by the USGS giant garter snakes typically moved little from day to day. However, total activity varied widely between individuals. Snakes have been documented moving up to five miles over the period of a few days (Wylie et al., 1997).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that giant garter snake do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on giant garter snake and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on giant garter snake.

4.2.10 California Clapper Rail and Salt Marsh Harvest Mouse

The California clapper rail was federally listed as endangered on October 13, 1970, and state listed as endangered on June 27, 1971 (USFWS, 1971; CDFG, 2008c). The salt marsh harvest mouse was federally listed as endangered in 1970 and state listed as endangered in 1971 (Federal Register 35:16047; October 13, 1970). A Recovery Plan for the salt marsh harvest mouse and the clapper rail was finalized in 1984 (USFWS, 1984b). The salt marsh harvest mouse will be included in the Tidal Marsh Ecosystem Recovery Plan, which is under development and which will include other species such as the endangered, Suisun thistle,

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Fairfield/Vacaville Train Station Project Biological Assessment soft bird's-beak and the California clapper rail (USFWS, 2008).

Survey Results

Due to the lack of salt marsh habitat and distance from tidal sloughs, California clapper rail and salt marsh harvest mouse are not anticipated to occur in the Action Area.

Habitat

The Action Area addressed in this BA does not occur within critical habitat for California clapper rails and salt marsh harvest mouse. California clapper rails tend to be found in saline emergent wetlands. They nest mostly in near tidal sloughs and where cordgrass (Spartina foliosa) is abundant. California clapper rails forage in taller marsh vegetation, along the vegetation and mudflat interface, and along tidal creeks.

Salt marsh harvest mice are dependent on dense cover of native halophytes (salt-tolerant plants) and prefer pickleweed-dominated (Salicornia virginica) saline emergent wetland as their habitat (Shellhammer, 1977). The mice's most suitable habitat is deep (60-70 centimeters tall) and dense pickleweed, intermixed with fat hen (Atriplex patula) and alkali heath (Frankenia grandiflora) (Shellhammer, 1982). The species requires non-submerged, salt-tolerant vegetation to escape the high tide, during these periods of high tides, populations of salt marsh harvest mice tend to concentrate in higher level areas of the high marsh zone (USFWS, 1984b).

Avoidance and Minimization Efforts

The habitat characteristics described above, in combination with the map of known locations, and the lack of sightings indicate that California clapper rail and salt marsh harvest mouse do not occur in the Action Area. Therefore, there is no need to develop avoidance or minimization efforts.

Project Impacts and Mitigation Effects

There are no impacts from the Project on California clapper rail and salt marsh harvest mouse and no need to develop mitigation measures.

Cumulative Effects

There are no cumulative effects from the Project on California clapper rail and salt marsh harvest mouse.

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5.0 Conclusions and Determinations This section summarizes the findings from the surveys and assessments performed for this and other relevant projects. 5.1 Conclusions The Action Area addressed in this BA does not occur within critical habitat for Contra Costa goldfields, soft bird's beak, Suisun thistle, vernal pool fairy shrimp, Conservancy fairy shrimp, vernal pool tadpole shrimp, delta green ground beetle, delta smelt, California tiger salamander, or California red-legged frog. Critical habitat has not been designated for giant garter snake, California clapper rail, or salt marsh harvest mouse. Therefore, the project will not result in impacts on critical habitat for any of the species listed above.

The proposed project will have No Effect on soft bird's beak, Suisun thistle, Conservancy fairy shrimp, delta green ground beetle, delta smelt, California tiger salamander, California red- legged frog, giant garter snake, California clapper rail, or salt marsh harvest mouse because they do not occur in the Action Area due either to lack of suitable habitat for these species, or because the project is located outside the known range of the species.

The proposed project May Adversely Affect, but is Not Likely to Jeopardize vernal pool fairy shrimp and vernal pool tadpole shrimp. Several records for vernal pool fairy shrimp and vernal pool tadpole shrimp occur in the vicinity of the Action Area. While the suitable habitat in the Action Area is highly disturbed, these species can persist in severely degraded habitats under the right conditions. The features in the Action Area could, therefore, support these species. However, since the acreage that will be lost due to the project is very small in comparison to the acreage of much higher quality habitat on the general region, and the mitigation requirements will ensure that higher quality habitat is preserved and created elsewhere, the loss of this habitat is unlikely to jeopardize the existence of vernal pool fairy shrimp or vernal pool tadpole shrimp. 5.2 Determinations We have conservatively assumed that all of the highly disturbed wetlands that will be lost due to the project will require mitigation for the loss of vernal pool fairy shrimp and vernal pool tadpole shrimp. The acreage of wetlands within the Action Area that will be directly impacted is 0.364 acre. The acreage of wetlands within 250 feet of the Action Area, referred to as indirect impact, is 0.302 acre. Mitigation for loss of vernal pool fairy shrimp and vernal pool tadpole shrimp will be accomplished through the purchase of the appropriate number of mitigation credits at a USFWS approved mitigation bank.

A summary of impacts, mitigation ratios and mitigation requirements is provided in Table 2 below. The proposed mitigation measures will result in higher quality habitat preserved and created elsewhere within Solano County, ensuring the loss of this habitat is unlikely to jeopardize the existence of vernal pool fairy shrimp or vernal pool tadpole shrimp within the region.

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Table 2

Summary of Potential Vernal Pool Crustacean Habitat Impacts and Mitigation Species/Habitat Impacts Mitigation Proposed Ratios Mitigation Direct Indirect

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6.0 Literature Cited

Ahl, J.S.B. 1991. Factors affecting contributions of the tadpole shrimp, Lepidurus packardi, to its oversummering egg reserves. Hydrobiologia 212:137-1 Mr. Champ 43. Arnold, R. A. 1983. Biological studies of the delta green ground beetle, Elaphrus viridis Horn (Coleoptera: Carabidae), at Jepson Prairie Preserve in 1983. Unpublished report produced for The Nature Conservancy. Arnold R.A., Thorp R.W. and Kavanaugh D.H. 2007. Habitat Evaluations and Presence-Absence Surveys for the Threatened Delta Green Ground Beetle and Ground Nesting Bee Pollinators of the Endangered Contra Costa Goldfields at the Hawthorne Mill Project Site in Fairfield (Solano County), CA. Final report for Olberding Environmental Inc., Concord, CA, and Ebonbridge Inc. Los Altos, CA. Barclay, W.R. and A.W. Knight. 1984. Physio-chemical processes affecting production in a turbid vernal pool. Pp. 126-142. In S. Jain and P. Moyle (eds.). Vernal pools and intermittent streams. Inst. Ecol. Pub. 28. Univ. Calif. Davis, California. Barr, C.B. 1991. The distribution, habitat, and status of the valley elderberry longhorn beetle, Desmocerus californicus dimorphus Fisher (Insecta: Coleoptera: Cerambycidae). U.S. Fish and Wildlife Service. Sacramento, California. 133 pp. Center for Biological Diversity, The Bay Institute, and Natural Resource Defense Council. 2006. Emergency petition to list the delta smelt (Hypomesus transpacificus) as an endangered species under the Endangered Species Act. Collinge, S.K., C.A. Wise, and B. Weaver. 2003. Germination, early growth, and flowering of a vernal pool annual in response to soil moisture and salinity. Madrono, Vol. 50. No. 2, pp 83- 93 Craighead, F.C. 1923. North American cerambycid larvae. A clarification and the biology of North American cerambycid larvae. Canada Department of Agriculture, Ottawa. Bull. 27. 239 pp. Donald, D.B. 1983. Erratic occurrence of anostracans in a temporary pond: colonization and extinction or adaptation to variations in annual weather Can. J. Zool. 61:1492-1498. Driver, E.A. 1981. Caloric value of pond invertebrates eaten by ducks. Freshwater Biology 11:579581.

Eng, L.L., D. Belk, and C.H. Eriksen. 1990. California anostraca: distribution, habitat, and status. J. Crus. Biol. 10:247-277. Erickson, C.H., and D. Belk. 1999. Fairy Shrimps of California's Puddles, Pools and Playas. Mad River Press, Inc. Eureka California. 196 pp. Fitch, H.S. 1940. A biogeographical study of the ordinoides Artenkreis of garter snakes (genus Thamnophis). University of California Publications in Zoology 44(1): 1-50. . 1941. Geographic variation in garter snakes of the genus Thamnophis sirtalis in the Pacific coast region of North America. American Midland Naturalist, 26:570-592. Hansen, G.E. and J.M. Brode. 1980. Status of the giant garter snake Thamnophis couchi gigas (Fitch). California Department of Fish and Game, Inland Fisheries Endangered Species Program Special Publication 80-5, 14 pp. Hansen, R.W. 1980. Western aquatic garter snakes in central California: an ecological and evolutionary perspective. Master of Arts thesis, California State University, Fresno, California, 78 pp. . 1988. Review of the status of the giant garter snake (Thamnophis couchi gigas) and its supporting habitat during 1986-87. Final report to California Department of Fish and Game, Contract C-2060. 31 pp. Hansen, R.W. and G.E. Hansen. 1990. Thamnophis gigas (giant garter snake) reproduction. Herpetological Review, 21(4): 93-94.

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Helm, B. 1998. "The biogeography of eight large branchiopods endemic to California." Pp. 124- 139 In C.W. Witham, E. Bauder, D. Belk, W. Ferren, and R. Ornduff (eds.). Ecology, Conservation, and Management of Vernal Pool Ecosystems - Proceedings from a 1996 Conference. California Native Plant Society, Sacramento, California. Hickman, J.C. Ed. 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, California. Holland, R.F. 1978. The geographic and edaphic distribution of vernal pools in the Great Central Valley, California. California Native Plant Society, Special Publication 4:1-12. . 1999. Changes in Great Valley vernal pool distribution from 1989 to 1997. Holland, R.F., and S. Jain. 1988. Vernal pools. Pp. 515-533 In M. E. Barbour and J. Major, (eds.). Terrestrial vegetation of California, new expanded edition. California Native Plant Society, Special Publication Number 9, Sacramento, California. Holway, D. 1995. Distribution of the Argentine ant (Linepithema humile) in northern California. Conservation Biology 9: 1634-1637. Huxel, G.R. 2000. The effect of the Argentine ant on the threatened valley elderberry longhorn beetle. Biological Invasions 2:81-85. Jennings, M.R., and M.P. Hayes. 1994. Amphibian and reptile species of special concern in California. Final report to California Dept. of Fish and Game. Pp. 12-16. Johnson, C.D. and D.F. Williams. 1996. Conservancy fairy shrimp. Available at: http://arnica.csustan.edu/esrpp/cfs.htm. Jones & Stokes, 2006. Natural Environment Study: Jepson Parkway Project. February. (J&S 09137.99.) Sacramento, CA. Prepared for Solano Transportation Authority, California Department of Transportation, and Federal Highway Administration. Linsley, E.G. and J.A. Chemsak. 1972. Cerambycidae of North America, Part VI, No. 1. Taxonomy and classification of the subfamily Lepturinae. University of California Publications in Entomology, 69: 1-13. Plantenkamp, G.A. 1998. "Patterns of Vernal Pool Diversity at Beale Air Force Base." Pp 151- 160. In C.W. Witham, E.T. Bauder, D. Belk, W.R. Ferren, and R. Ornduff (Eds). Ecology, Conservation and Management of Vernal Pool Ecosystems - Proceedings for a 1996 Conference. California Native Plant Society. Sacramento CA. Rogers, D.C. 2001. Revision of the neartic Lepidurus (Notostraca). Journal of Crustacean Biology 21(4) 991-1006. Rossman, D.A. and G.R. Stewart. 1987. Taxonomic reevaluation of Thamnophis couchi. Occasional Papers of the Museum of Zoology, Louisiana State University, No. 63, 23 pp. Shellhammer, H.S. 1977. Of mice and marshes. San Jose Studies, San Jose State University 3:23-35. ___. 1982. Reithrodontomys raviventris. Mammal. Species No. 169. 3 pp. Shellhammer, H.S., R. Jackson, W. Davilla, A.M. Gilroy, H.T. Harvey and L. Simons. 1982. Habitat preferences of salt marsh harvest mice (Reithrodontomys raviventris). The Wasmann Journal of Biology 40(1-2):102-114. U.C. Berkeley. 2001. California's Endangered Insects. Essig Museum of Entomology. University of California, Berkeley, California. Available on the Internet at: U.S. Fish and Wildlife Service (USFWS). 1970. Part 17—Conservation of Endangered Species and other Fish or Wildlife; Appendix D—United States List of Endangered Native Fish and Wildlife. Federal Register 35: 16047-16048. . 1980. Endangered and Threatened Wildlife and Plants; Listing the Delta Green Ground Beetle as a Threatened Species with Critical Habitat. Federal Register 45: 52807. . 1984a. Recovery plan for the valley elderberry longhorn beetle. U.S. Fish and Wildlife Service. Portland, Oregon. 62 pp.

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. 1984b. Salt marsh harvest mouse and California clapper rail recovery plan. Portland, Oregon. November 16. . 1991. Proposed rule to list the giant garter snake Thamnophis gigas as an endangered species. Federal Register 56: 67048. . 1992. Wetland losses within northern California from projects authorized under Nationwide Permit No. 26. Sacramento Field Office. Sacramento, California. . 1993. Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Giant Garter Snake. Federal Register 58: 54053. . 1993(a). Final rule: Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Delta Smelt. Federal Register 58:12854-12864. . 1994(b). Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Conservancy Fairy Shrimp, Longhorn Fairy Shrimp, and the Vernal Pool Tadpole Shrimp; and Threatened Status for the Vernal Pool Fairy Shrimp. Portland, Oregon. Federal Register 59: 48136 . 1994(c). Final rule: Endangered and Threatened Wildlife and Plants; Critical Habitat Determination for the Delta Smelt. Federal Register 59: 65256-65279. . 1995. Sacramento-San Joaquin Delta Native Fishes Recovery Plan. U.S. Fish and Wildlife Service, Portland, Oregon. . 1996. Final Rule: Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Red-Legged Frog. Federal Register 61: 25813-25833. . 1997(a). Final rule: Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Two Tidal Marsh Plants—Cirsium hydrophilum var. hydrophilum (Suisun Thistle) and Cordylanthus mollis ssp. mollis (Soft Bird's-Beak) From the San Francisco Bay Area of California. Federal Register 62:61916-61925. . 1997(b). Final rule: Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Plants and Threatened Status for Five Plants From Vernal Pools in the Central Valley of California. Federal Register 62:14338-14352. . 1999a. Biological opinion for the Solano project water service contract renewal. U.S. Fish and Wildlife Service, Sacramento, California. 107 pp. + append. . 1999b. Conservation Guidelines for the Valley Elderberry Longhorn Beetle. U.S. Fish and Wildlife Service, Sacramento, California. 13 pp. . 2000. Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Vernal Pool Fairy Shrimp and Vernal Pool Tadpole Shrimp. Federal Register 65: 18026. . 2001. Conservancy fairy shrimp. Endangered Species Division, Sacramento Fish and Wildlife Service. . 2002. Endangered and Threatened Wildlife and Plants; Critical Habitat Designation for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Proposed Rule. 67 Federal Register 59884. . 2003. Suisun Thistle (Cirsium hydrophilum var. hydrophilum). www.sacramento.fws.gov/es/plant_spp_ accts/suisun_thistle . 2003a. Delta smelt (Hypomesus transpacificus) final critical habitat, Alameda, Contra Costa, Sacramento, San Joaquin, Solano, and Yolo Counties, California. Available online at: . Accessed September 30, 2008. . 2003b. Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon Vernal pool crustaceans and plants in California and Oregon. Portland, Oregon. Federal Register 68: 46683. . 2004. Final rule: endangered and threatened wildlife and plants: Determination of Threatened Status for the California Tiger Salamander; and Special Rule Exemption for Existing Routine Ranching Activities. Federal Register 69:47212-47248.

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. 2004a. 5-year review, Hypomesus transpacificus Delta Smelt. Available online at: http://www.fws.gov/sacramento/es/documents/DS%205-yr%20rev%203-31-04.pdf. Accessed September 30, 2008. . 2005(b). Final rule: Designation of Critical Habitat for the California Tiger Salamander, Central Population. Federal Register 70:49380-49458. . 2005(c). Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon. Portland, Oregon. xxvi + 606 pages. . 2005(d). Final Rule: Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon Vernal pool crustaceans and plants in California and Oregon. Evaluation of Economic Exclusions From August 2003. Federal Register 70 46924-46999 . 2006. 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Two Tidal Marsh Plants—Cirsium hydrophilum var. hydrophilum (Suisun Thistle) and Cordylanthus mollis ssp. mollis (Soft Bird's-Beak) From the San Francisco Bay Area of California. April 2006. . 2007(a). Species Account Delta Smelt Hypomesus transpacificus. 19 October 2007. 2 December 2008. . . 2007(b). Final rule: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak). Federal Register 72:18518-18553. . 2008. Proposed Rule: Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the California Red-Legged Frog (Rana aurora draytonii); Federal Register 73: 53492-53680. . 2008. Species Account California Clapper Rail Rallus longirostris obsoletus. 2 December 2008. . . 2008. Species Account Salt Marsh Harvest Mouse Reithrodontomys raviventris. August 28 2008. 2 December 2008. . . 2008. Species Account Suisun thistle (Cirsium hydrophilum var. hydrophilum) . 2 December 2008. , Ward, P.S. 1987. Distribution of the introduced Argentine ant (Iridomyrmex humilis) in natural habitats of the lower Sacramento River Valley and its effects on the indigenous ant fauna. Hilgardia 55(2): 1-16. . 2003. Conservancy fairy shrimp. Critical Habitat Portal. Wylie, G.D., M. Cassaza, and 1. K. Daugherty. 1997. 1996 Progress report for the giant garter snake study. Preliminary report, USGS, Biological Resources Division. Zedler, P. H. and C. Black. 1992. Seed Dispersal by a Generalized Herbivore: Rabbits as Dispersal Vectors in California's Semi-arid Vernal Pool Landscapes. American Midland Naturalist, 128:110.

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7.0 List of Preparers

This biological assessment was prepared by:

Sam Bacchini, Cardno ENTRIX 701 University Avenue, Suite 200 Sacramento, CA 95825 Tel- (916) 923-1097

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