Summary of Findings, Conclusions and Determinations

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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 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. 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. S:\Community Development Files\dave\Train Station\FFVV Train Station Biological Assessment 06092014.doc ii 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 S:\Community Development Files\dave\Train Station\FFVV Train Station Biological Assessment 06092014.doc iii 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 ...............................................................................
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