BIOLOGICAL TECHNICAL REPORT
FOR
EUCLID/BICKMORE PROJECT
LOCATED IN THE CITY OF CHINO, SAN BERNARDINO, CALIFORNIA
Prepared For:
T&B Planning 3665 Ruffin Road Suite 2018 San Diego, California 92123 Contact: David Ornelas Phone: (619) 501-6041
Prepared By:
Glenn Lukos Associates, Inc. 29 Orchard Lake Forest, California 92630 Phone: (949) 340-0256 Report Preparers: David Smith and Martin Rasnick
November 7, 2018
i INFORMATION SUMMARY
A. Report Date: November 7, 2018
B. Report Title: Biotechnical Report for the Euclid/Bickmore Project
C. Project Site Location: The Project site consists of approximately 21.68 and is located at latitude 33.962571° and longitude -117.649074°, within an unsectioned area of Township 2 South and Range 7 West, as depicted on the U.S. Geological Survey (USGS) topographic map Prado Dam (dated 1967 and photorevised in 1981).
D. Owner/Applicant: David Ornelas Planner T&B Planning 3665 Ruffin Road Suite 2018 San Diego, California 92123 Phone: (619) 501-6041 Email: [email protected]
E. Principal Investigator: Glenn Lukos Associates, Inc. 29 Orchard Lake Forest, California 92630 Phone: (949) 837-0404 Report Preparer: David Smith
F. Report Summary:
A biological study was performed for the proposed Euclid/Bickmore Project (Project). The Project would create eight commercial buildings, a truck yard adjacent to each building, vehicle parking, landscaped areas, and associated roadside impacts on an approximately 21.68-acre area in the City of Chino, San Bernardino County, California. The Project would impact 21.68 acres in total. This document provides the results of a field study performed to evaluate the potential occurrence of biological resources and the requirements triggered by environmental laws and regulations. A site habitat assessment was performed which determined the presence of potential habitat for the burrowing owl (Athene cunicularia). The Project contains one drainage ditch on the western edge of the project, which is parallel to Euclid Avenue. This ditch is subject to jurisdiction by both the Santa Ana Regional Water Quality Control Board (Regional Board) and the California Department of Fish and Wildlife (CDFW), no part of which is wetland or supports riparian habitat. The entirety of the drainage will be impacted as part of the
ii Project, and as such a Porter-Cologne Water Quality Waste Discharge authorization and a 1602 Streambed Alteration Agreement will be needed.
G. Individuals Conducting Fieldwork: David Smith, Trina Ming, Martin Rasnick, Lesley Lokovic
iii TABLE OF CONTENTS
Page #
1.0 INTRODUCTION...... 1 1.1 Background and Scope of Work ...... 1 1.2 Project Location ...... 1 1.3 Project Description ...... 1 2.0 METHODOLOGY ...... 2 2.1 Summary of Surveys ...... 2 2.2 Botanical Resources ...... 3 2.3 Wildlife Resources ...... 5 2.4 Jurisdictional Delineation ...... 6 3.0 REGULATORY SETTING ...... 6 3.1 State and/or Federally Listed Plants or Animals ...... 6 3.2 California Environmental Quality Act ...... 8 3.3 Jurisdictional Waters ...... 10 4.0 RESULTS ...... 14 4.1 Existing Conditions ...... 14 4.2 Vegetation ...... 14 4.3 Wildlife ...... 15 4.4 Special-Status Vegetation Communities (Habitats) ...... 15 4.5 Special-Status Plants ...... 15 4.5.1 Special-Status Plants Detected at the Project Site ...... 19 4.6 Special-Status Animals ...... 19 4.6.1 Special-Status Wildlife Species Observed within the Project Site ...... 26 4.6.2 Special-Status Wildlife Species Not Observed but with a Potential to Occur at the Project Site ...... 26 4.6.3 Critical Habitat ...... 27 4.7 Raptor Use ...... 27 4.8 Nesting Birds ...... 27 4.9 Wildlife Linkages/ Corridors and Nursery Sites ...... 28 4.10 Jurisdictional Delineation ...... 28 5.0 IMPACT ANALYSIS ...... 29
iv 5.1 California Environmental Quality Act (CEQA) ...... 29 5.2 Impacts to Native Vegetation ...... 31 5.3 Impacts to Special-Status Plants ...... 31 5.4 Impacts to Special-Status Animals ...... 31 5.5 Impacts to Critical Habitat ...... 32 5.6 Raptor Use ...... 32 5.7 Impacts to Nesting Birds ...... 32 5.8 Wildlife Migration/Nurseries ...... 32 5.9 Impacts to Jurisdictional Waters ...... 32 5.10 Indirect Impacts to Biological Resources ...... 33 5.11 Cumulative Impacts to Biological Resources ...... 33 6.0 MITIGATION/AVOIDANCE MEASURES ...... 33 6.1 Burrowing Owl ...... 33 6.2 Nesting Birds ...... 35 6.3 Jurisdictional Waters ...... 35 7.0 REFERENCES ...... 36 8.0 CERTIFICATION ...... 39
TABLES
Table 2-1. Summary of Biological Surveys for the Project Site ...... 3 Table 3-1. CNPS Ranks 1, 2, 3, and 4 and Threat Code Extensions ...... 10 Table 4-1. Summary of Vegetation/Land Use Types for the Project Site ...... 14 Table 4-2. Special-Status Plants Evaluated for the Project Site ...... 16 Table 4-3. Special-Status Wildlife Evaluated for the Project Site ...... 20 Table 5-1. Summary of Vegetation/Land Use Impacts ...... 31
EXHIBITS
Exhibit 1 Regional Map Exhibit 2 Vicinity Map Exhibit 3A RWQCB Jurisdictional Delineation Map Exhibit 3B CDFW Jurisdictional Delineation Map Exhibit 4 Vegetation Map Exhibit 5 Soils Map Exhibit 6 Site Photographs
v APPENDICES
Appendix A Floral Compendium Appendix B Faunal Compendium
vi 1.0 INTRODUCTION
1.1 Background and Scope of Work
This document provides the results of a biological study for the approximately 21.68-acre Euclid/Bickmore Project (the Project) located in the City of Chino, San Bernardino County, California. This report identifies and evaluates impacts to biological resources associated with the proposed Project in the context of the California Environmental Quality Act (CEQA), and State and Federal regulations such as the Endangered Species Act (ESA), Clean Water Act (CWA), Porter-Cologne Water Quality Control Act (CWC), and the California Fish and Game Code.
The scope of this report includes a discussion of existing conditions for the approximately 21.68- acre Project site, all methods employed regarding the biological study, the documentation of botanical and wildlife resources identified (including special-status species), and an analysis of impacts to biological resources. Methods of the study include a review of relevant literature, field surveys, and a Geographical Information System (GIS)-based analysis of vegetation communities. As appropriate, this report is consistent with accepted scientific and technical standards and survey guideline requirements issued by the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Native Plant Society (CNPS), and other applicable agencies/organizations.
The field study focused on a number of primary objectives that would comply with CEQA requirements, including (1) general reconnaissance survey and vegetation mapping; (2) general biological study; (3) habitat assessments for special-status plant species; and (4) habitat assessments for special-status wildlife species. Observations of all plant and wildlife species were recorded during the general biological survey and are included as Appendix A: Floral Compendium and Appendix B: Faunal Compendium.
1.2 Project Location
The Project site comprises approximately 21.68 acres in the City of Chino, San Bernardino County, California [Exhibit 1 – Regional Map] and is located within an unsectioned area of Township 2 South, Range 7 West, of the U.S. Geological Survey (USGS) 7.5” quadrangle map Prado Dam (dated 1967 and photorevised in 1981) [Exhibit 2 – Vicinity Map]. The Project site is bordered by Euclid Avenue to the west, Bickmore Avenue to the south, and developed land to the north and east.
1.3 Project Description
The Project site encompasses approximately 21.68 acres. The proposed Project will construct eight commercial buildings ranging from 13,100 square feet to 206,200 square feet, a truck yard adjacent to each building, vehicle parking and landscaped areas. Offsite improvements include the concrete lining of an existing dirt channel and impacts related to project and road connectivity.
1
For this report, the term Project Site is defined as that area proposed for direct impact by the Proposed Project and equaling 21.68 acres, and is synonymous with the term Study Area. The term Property Boundary refers to the parcel owned by the client, which totals 18.70 acres.
2.0 METHODOLOGY
In order to adequately identify biological resources in accordance with the requirements of CEQA, Glenn Lukos Associates (GLA) assembled biological data consisting of three main components:
Performance of a jurisdictional waters and wetlands delineation; Performance of vegetation mapping; and Performance of habitat assessments to evaluate the presence/absence of special-status species in accordance with the requirements of CEQA.
The focus of the biological study was determined through initial site reconnaissance, a review of the CNDDB [CDFW 2018], CNPS 8th edition online inventory (CNPS 2018), Natural Resource Conservation Service (NRCS) soil data, other pertinent literature, and knowledge of the region. Site-specific general surveys within the Project site were conducted on foot in the proposed development areas for each target plant or animal species identified below.
Vegetation was mapped directly onto a 200-scale (1”=200’) aerial photograph. All flora and fauna identified on site during vegetation mapping was included in a floral and faunal compendia prepared for the Project (Appendix A and B, respectively). The site has been historically maintained for agricultural purposes and has been subject to past disking. Due to highly disturbed site conditions there are no natural vegetation alliances or associations fitting or approaching criteria for membership rules in A Manual of California Vegetation, Second Edition or MCVII (Baldwin et al. 2012), which is the California expression of the National Vegetation Classification. Vegetation present is relatively sparse overall and reflects ornamental plantings (e.g. nonnative trees) or spontaneous, herb-dominated species strongly adapted to anthropogenic disturbance. Vegetation present was mapped directly onto a 200-scale (1”=200’) aerial photograph.
2.1 Summary of Surveys
GLA conducted biological studies in order to identify and analyze actual or potential impacts to biological resources associated with development of the Project site. Observations of all plant and wildlife species were recorded during field efforts [Appendix A: Floral Compendium and Appendix B: Faunal Compendium]. The studies conducted include the following:
Performance of vegetation mapping; Performance of site-specific habitat assessments to evaluate the potential presence/absence of special-status species (or potentially suitable habitat) to the satisfaction of CEQA and federal and state regulations; and Performance of a jurisdictional waters and wetlands delineation;
2 Table 2-1 provides a summary list of survey dates, survey types and personnel.
Table 2-1. Summary of Biological Surveys for the Project Site.
Survey Type 2018 Survey Dates Biologists Habitat Assessment 8/16/2018 DS, TM Jurisdictional Delineation 10/24/2018 MR, LL DS = David Smith, TM = Trina Ming, MR = Martin Rasnick, LL = Lesley Lokovic
Individual plants and wildlife species are evaluated in this report based on their “special-status.” For the purpose of this report, plants were considered “special-status” based on one or more of the following criteria:
Listing through the Federal and/or State Endangered Species Act (ESA); Occurrence in the CNPS Rare Plant Inventory (Rank 1A/1B, 2A/2B, 3, or 4); and/or Occurrence in the CNDDB inventory.
Wildlife species were considered “special-status” based on one or more of the following criteria:
Listing through the Federal and/or State ESA; and Designation by the State as a Species of Special Concern (SSC) or California Fully Protected (CFP) species.
Vegetation communities and habitats were considered “special-status” based on one or more of the following criteria:
Global (G) and/or State (S) ranking of category 3 or less based on CDFW (see Section 3.2.2 below for further explanation); and Riparian habitat.
2.2 Botanical Resources
A site-specific survey program was designed to accurately document the botanical resources within the Project site, and consisted of five components: (1) a literature search; (2) preparation of a list of target special-status plant species and sensitive vegetation communities that could occur within the Project site; (3) a field reconnaissance survey; (4) vegetation mapping; and (5) habitat assessments for special-status plants.
2.2.1 Literature Search
Prior to conducting fieldwork, pertinent literature on the flora of the region was examined. A thorough archival review was conducted using available literature and other historical records. These resources included the following:
California Native Plant Society, Rare Plant Program. 2018. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39) for the USGS 7.5’
3 quadrangles: Black Star Canyon, Corona North, Corona South, Guasti, Ontario, Orange, Prado Dam, San Dimas, and Yorba Linda (CNPS 2018); and
CNDDB for the USGS 7.5’ quadrangles: Black Star Canyon, Corona North, Corona South, Guasti, Ontario, Orange, Prado Dam, San Dimas, and Yorba Linda (CNDDB 2018).
2.2.2 Vegetation Mapping
Vegetation communities within the Project site were mapped according to Holland (1986) when possible. The Project site does not meet the parameters of any natural vegetation classification system. These vegetation communities were named based on the dominant plant species present. Plant communities were mapped in the field directly onto a 200-scale (1”=200’) aerial photograph. A vegetation map is included as Exhibit 4. Representative site photographs are included as Exhibit 6.
2.2.3 Special-Status Plant Species and Habitats Evaluated for the Project Site
A literature search was conducted to obtain a list of special status plants with the potential to occur within the Project site. The CNDDB was initially consulted to determine well-known occurrences of plants and habitats of special concern in the region. Other sources used to develop a list of target species for the survey program included the CNPS online inventory (2018).
Based on this information, vegetation profiles and a list of target sensitive plant species and habitats that could occur within the Project site were developed and incorporated into a mapping and survey program to achieve the following goals: (1) characterize the vegetation associations and land use; (2) prepare a detailed floristic compendium; (3) identify the potential for any special status plants that may occur within the Project site; and (4) prepare a map showing the distribution of any sensitive botanical resources associated with the Project site, if applicable.
2.2.4 Botanical Surveys
GLA biologists David Smith and Trina Ming visited the site on August 16, 2018 to conduct habitat assessments for special-status species, including plants. Surveys were conducted in accordance with accepted botanical survey guidelines (CDFG 2009, CNPS 2001, USFWS 2000). An aerial photograph, a soil map, and/or a topographic map were used to determine the community types and other physical features that may support sensitive and uncommon taxa or communities within the Project site. The habitat assessment was conducted by following meandering transects within the Project site. All plant species encountered during the field surveys were identified and recorded following the above-referenced guidelines adopted by CNPS (2010) and CDFW by Nelson (1984). A complete list of the plant species observed is provided in Appendix A. Scientific nomenclature and common names used in this report follow Baldwin et al (2012), and Munz (1974).
4 2.3 Wildlife Resources
Wildlife species were evaluated and detected during the field visit by sight, call, tracks, and scat. Site reconnaissance was conducted in such a manner as to allow inspection of the entire Project site by direct observation, including the use of binoculars. Observations of physical evidence and direct sightings of wildlife were recorded in field notes during the visit. A complete list of wildlife species observed within the Project site is provided in Appendix B. Scientific nomenclature and common names for vertebrate species referred to in this report follow the Complete List of Amphibian, Reptile, Bird, and Mammal Species in California (CDFW 2016), Standard Common and Scientific Names for North American Amphibians, Turtles, Reptiles, and Crocodilians 6th Edition, Collins and Taggert (2009) for amphibians and reptiles, and the American Ornithologists' Union Checklist 7th Edition (2009) for birds. The methodology (including any applicable survey protocols) utilized to conduct general surveys, habitat assessments, and/or focused surveys for special-status animals are included below.
2.3.1 General Surveys
Birds
During the general biological and reconnaissance survey within the Project site, birds were detected incidentally by direct observation and/or by vocalizations, with identifications recorded in field notes.
Mammals
During general biological and reconnaissance survey within the Project site, mammals were identified and detected incidentally by direct observations and/or by the presence of diagnostic sign (i.e., tracks, burrows, scat, etc.).
Reptiles and Amphibians
During general biological and reconnaissance surveys within the Project site, reptiles and amphibians were identified incidentally during surveys. Habitats were examined for diagnostic reptile sign, which include shed skins, scat, tracks, snake prints, and lizard tail drag marks. All reptiles and amphibian species observed, as well as diagnostic sign, were recorded in field notes.
2.3.2 Special-Status Animal Species Reviewed
A literature search was conducted in order to obtain a list of special-status wildlife species with the potential to occur within the Project site. Species were evaluated based on two factors: 1) species identified by the CNDDB as occurring (either currently or historically) on or in the vicinity of the Project site, and 2) any other special-status animals that are known to occur within the vicinity of the Project site, or for which potentially suitable habitat occurs on the Project site.
5 2.3.3 Habitat Assessment for Special Status Animal Species
GLA biologists David Smith and Trina Ming conducted habitat assessments for special-status animal species on August 16, 2018. An aerial photograph, soil map and/or topographic map were used to determine the community types and other physical features that may support special-status and uncommon taxa within the Project site.
2.4 Jurisdictional Delineation
On October 24, 2018, regulatory specialists Martin Rasnick and Lesley Lokovic performed a jurisdictional delineation. Prior to beginning the field delineation, a color aerial photograph, a topographic base map of the property, and the USGS topographic map for the site were examined to determine the locations of potential areas of Corps/Regional Board/CDFW jurisdiction. Suspected jurisdictional areas were field checked for the presence of definable channels and/or wetland vegetation, soils and hydrology. Suspected wetland habitats on the site were evaluated using the methodology set forth in the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual1 (Wetland Manual) and the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Supplement (Arid West Supplement)2. While in the field the limits of Corps/Regional Board/CDFW jurisdiction were recorded onto a color aerial photograph using visible landmarks and/or sub-meter accuracy global positioning system devices.
3.0 REGULATORY SETTING
The proposed Project is subject to state and federal regulations associated with a number of regulatory programs. These programs often overlap and were developed to protect natural resources, including: state- and federally listed plants and animals; aquatic resources including rivers and creeks, ephemeral streambeds, wetlands, and areas of riparian habitat; other special- status species which are not listed as threatened or endangered by the state or federal governments; and other special-status vegetation communities.
3.1 State and/or Federally Listed Plants or Animals
3.1.1 State of California Endangered Species Act
California’s Endangered Species Act (CESA) defines an endangered species as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.” The State defines a threatened species as “a native species or subspecies of a bird, mammal, fish,
1 Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. 2 U.S. Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-08-28. Vicksburg, MS: U.S. Army Engineer Research and Development Center.
6 amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an Endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened species.” Candidate species are defined as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.” Candidate species may be afforded temporary protection as though they were already listed as threatened or endangered at the discretion of the Fish and Game Commission. Unlike the Federal Endangered Species Act (FESA), CESA does not list invertebrate species.
Article 3, Sections 2080 through 2085, of the CESA addresses the taking of threatened, endangered, or candidate species by stating “No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided.” Under the CESA, “take” is defined as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” Exceptions authorized by the state to allow “take” require permits or memoranda of understanding and can be authorized for endangered species, threatened species, or candidate species for scientific, educational, or management purposes and for take incidental to otherwise lawful activities. Sections 1901 and 1913 of the California Fish and Game Code provide that notification is required prior to disturbance.
3.1.2 Federal Endangered Species Act
The FESA of 1973 defines an endangered species as “any species that is in danger of extinction throughout all or a significant portion of its range.” A threatened species is defined as “any species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range.” Under provisions of Section 9(a)(1)(B) of the FESA it is unlawful to “take” any listed species. “Take” is defined in Section 3(18) of FESA: “...harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Further, the USFWS, through regulation, has interpreted the terms “harm” and “harass” to include certain types of habitat modification that result in injury to, or death of species as forms of “take.” These interpretations, however, are generally considered and applied on a case-by-case basis and often vary from species to species. In a case where a property owner seeks permission from a Federal agency for an action that could affect a federally listed plant and animal species, the property owner and agency are required to consult with USFWS. Section 9(a)(2)(b) of the FESA addresses the protections afforded to listed plants.
3.1.3 State and Federal Take Authorizations for Listed Species
Federal or state authorizations of impacts to or incidental take of a listed species by a private individual or other private entity would be granted in one of the following ways:
7 Section 7 of the FESA stipulates that any federal action that may affect a species listed as threatened or endangered requires a formal consultation with USFWS to ensure that the action is not likely to jeopardize the continued existence of the listed species or result in destruction or adverse modification of designated critical habitat. 16 U.S.C. 1536(a)(2). In 1982, the FESA was amended to give private landowners the ability to develop Habitat Conservation Plans (HCP) pursuant to Section 10(a) of the FESA. Upon development of an HCP, the USFWS can issue incidental take permits for listed species where the HCP specifies at minimum, the following: (1) the level of impact that will result from the taking, (2) steps that will minimize and mitigate the impacts, (3) funding necessary to implement the plan, (4) alternative actions to the taking considered by the applicant and the reasons why such alternatives were not chosen, and (5) such other measures that the Secretary of the Interior may require as being necessary or appropriate for the plan. Sections 2090-2097 of the CESA require that the state lead agency consult with CDFW on projects with potential impacts on state-listed species. These provisions also require CDFW to coordinate consultations with USFWS for actions involving federally listed as well as state-listed species. In certain circumstances, Section 2080.1 of the California Fish and Game Code allows CDFW to adopt the federal incidental take statement or the 10(a) permit as its own based on its findings that the federal permit adequately protects the species under state law.
3.2 California Environmental Quality Act
3.2.1 CEQA Guidelines Section 15380
CEQA requires evaluation of a project’s impacts on biological resources and provides guidelines and thresholds for use by lead agencies for evaluating the significance of proposed impacts. Sections 5.1.1 and 5.2.2 below set forth these thresholds and guidelines. Furthermore, pursuant to the CEQA Guidelines Section 15380, CEQA provides protection for non-listed species that could potentially meet the criteria for state listing. For plants, CDFW recognizes that plants on Lists 1A, 1B, or 2 of the CNPS Inventory of Rare and Endangered Plants in California may meet the criteria for listing and should be considered under CEQA. CDFW also recommends protection of plants, which are regionally important, such as locally rare species, disjunct populations of more common plants, or plants on the CNPS Lists 3 or 4.
3.2.2 Special-Status Plants, Wildlife and Vegetation Communities Evaluated Under CEQA
Federally Designated Special-Status Species
Within recent years, the USFWS instituted changes in the listing status of candidate species. Former C1 (candidate) species are now referred to simply as candidate species and represent the only candidates for listing. Former C2 species (for which the USFWS had insufficient evidence to warrant listing) and C3 species (either extinct, no longer a valid taxon or more abundant than was formerly believed) are no longer considered as candidate species. Therefore, these species are no longer maintained in list form by the USFWS, nor are they formally protected. This term is employed in this document, but carries no official protections. All references to federally
8 protected species in this report (whether listed, proposed for listing, or candidate) include the most current published status or candidate category to which each species has been assigned by USFWS.
For this report the following acronyms are used for federal special-status species:
• FE Federally listed as Endangered • FT Federally listed as Threatened • FPE Federally proposed for listing as Endangered • FPT Federally proposed for listing as Threatened
State-Designated Special-Status Species
Some mammals and birds are protected by the state as Fully Protected (SFP) Mammals or Fully Protected Birds, as described in the California Fish and Game Code, Sections 4700 and 3511, respectively. California SSC are designated as vulnerable to extinction due to declining population levels, limited ranges, and/or continuing threats. This list is primarily a working document for the CDFW’s CNDDB project. Informally listed taxa are not protected, but warrant consideration in the preparation of biotic assessments. For some species, the CNDDB is only concerned with specific portions of the life history, such as roosts, rookeries, or nest sites.
For this report the following acronyms are used for State special-status species:
• SE State-listed as Endangered • ST State-listed as Threatened • SFP State Fully Protected • SSC State Species of Special Concern
California Native Plant Society
The CNPS is a private plant conservation organization dedicated to the monitoring and protection of sensitive species in California. The CNPS’s Eighth Edition of the California Native Plant Society’s Inventory of Rare and Endangered Plants of California separates plants of interest into five ranks. CNPS has compiled an inventory comprised of the information focusing on geographic distribution and qualitative characterization of Rare, Threatened, or Endangered vascular plant species of California. The list serves as the candidate list for listing as threatened and endangered by CDFW. CNPS has developed five categories of rarity that are summarized in Table 3-1.
9 Table 3-1. CNPS Ranks 1, 2, 3, & 4, and Threat Code Extensions
CNPS Rank Comments Rank 1A – Plants Presumed Thought to be extinct in California based on a lack of observation or Extirpated in California and detection for many years. Either Rare or Extinct Elsewhere Rank 1B – Plants Rare, Species, which are generally rare throughout their range that are also Threatened, or Endangered in judged to be vulnerable to other threats such as declining habitat. California and Elsewhere Rank 2A – Plants presumed Species that are presumed extinct in California but more common Extirpated in California, But outside of California Common Elsewhere Rank 2B – Plants Rare, Species that are rare in California but more common outside of Threatened or Endangered in California California, But More Common Elsewhere Rank 3 – Plants About Which Species that are thought to be rare or in decline but CNPS lacks the More Information Is Needed information needed to assign to the appropriate list. In most instances, (A Review List) the extent of surveys for these species is not sufficient to allow CNPS to accurately assess whether these species should be assigned to a specific rank. In addition, many of the Rank 3 species have associated taxonomic problems such that the validity of their current taxonomy is unclear. Rank 4 – Plants of Limited Species that are currently thought to be limited in distribution or range Distribution (A Watch List) whose vulnerability or susceptibility to threat is currently low. In some cases, as noted above for Rank 3 species, CNPS lacks survey data to accurately determine status in California. Many species have been placed on Rank 4 in previous editions of the “Inventory” and have been removed as survey data has indicated that the species are more common than previously thought. CNPS recommends that species currently included on this list should be monitored to ensure that future substantial declines are minimized. Extension Comments .1 – Seriously endangered in Species with over 80% of occurrences threatened and/or have a high California degree and immediacy of threat. .2 – Fairly endangered in Species with 20-80% of occurrences threatened. California .3 – Not very endangered in Species with <20% of occurrences threatened or with no current California threats known.
3.3 Jurisdictional Waters
3.3.1 Army Corps of Engineers
Pursuant to Section 404 of the Clean Water Act (CWA), the Corps regulates the discharge of dredged and/or fill material into waters of the United States. The term "waters of the United States" is defined in Corps regulations at 33 CFR Part 328.3(a)3 as:
3 As revised by the Corps and EPA, “Clean Water Rule: Definition of ‘Waters of the United States”; Final Rule,” 80 Federal Register 124 (29 June, 2015), pp. 37054-37127.
10 (1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters, including interstate wetlands; (3) The territorial seas; (4) All impoundments of waters otherwise identified as waters of the United States under this section; (5) All tributaries, as defined in paragraph (c)(3) of this section, of waters identified in paragraphs (a)(1) through (3) of this section; (6) All waters adjacent to a water identified in paragraphs (a)(1) through (5) of this section, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters; (7) All waters in paragraphs (a)(7)(i) through (v) of this section where they are determined, on a case-specific basis, to have a significant nexus to a water identified in paragraphs (a)(1) through (3) of this section. The waters identified in each of paragraphs (a)(7)(i) through (v) of this section are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (a)(1) through (3) of this section. Waters identified in this paragraph shall not be combined with waters identified in paragraph (a)(6) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (a)(6), they are an adjacent water and no case-specific significant nexus analysis is required. (i) Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest. (ii) Carolina bays and Delmarva bays. Carolina bays and Delmarva bays are ponded, depressional wetlands that occur along the Atlantic coastal plain. (iii) Pocosins. Pocosins are evergreen shrub and tree dominated wetlands found predominantly along the Central Atlantic coastal plain. (iv) Western vernal pools. Western vernal pools are seasonal wetlands located in parts of California and associated with topographic depression, soils with poor drainage, mild, wet winters and hot, dry summers. (v) Texas coastal prairie wetlands. Texas coastal prairie wetlands are freshwater wetlands that occur as a mosaic of depressions, ridges, intermound flats, and mima mound wetlands located along the Texas Gulf Coast. (8) All waters located within the 100- year floodplain of a water identified in paragraphs (a)(1) through (3) of this section and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in paragraphs (a)(1) through (5) of this section where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (a)(1) through (3) of this section. For waters determined to have a significant nexus, the
11 entire water is a water of the United States if a portion is located within the 100- year floodplain of a water identified in paragraphs (a)(1) through (3) of this section or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in paragraph (a)(6) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (a)(6), they are an adjacent water and no case-specific significant nexus analysis is required.
In the absence of wetlands, the limits of Corps jurisdiction in non-tidal waters, such as intermittent streams, extend to the OHWM which is defined at 33 CFR 328.3(e) as:
...that line on the shore established by the fluctuation of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
The term “wetlands” (a subset of “waters of the United States”) is defined at 33 CFR 328.3(b) as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support...a prevalence of vegetation typically adapted for life in saturated soil conditions." In 1987 the Corps published a manual to guide its field personnel in determining jurisdictional wetland boundaries. The methodology set forth in the 1987 Wetland Delineation Manual and the Arid West Supplement generally require that, in order to be considered a wetland, the vegetation, soils, and hydrology of an area exhibit at least minimal hydric characteristics. While the manual and Supplement provide great detail in methodology and allow for varying special conditions, a wetland should normally meet each of the following three criteria:
more than 50 percent of the dominant plant species at the site must be typical of wetlands (i.e., rated as facultative or wetter in the National List of Plant Species that Occur in Wetlands4); soils must exhibit physical and/or chemical characteristics indicative of permanent or periodic saturation (e.g., a gleyed color, or mottles with a matrix of low chroma indicating a relatively consistent fluctuation between aerobic and anaerobic conditions); and Whereas the 1987 Manual requires that hydrologic characteristics indicate that the ground is saturated to within 12 inches of the surface for at least five percent of the growing season during a normal rainfall year, the Arid West Supplement does not include a quantitative criteria with the exception for areas with “problematic hydrophytic vegetation”, which require a minimum of 14 days of ponding to be considered a wetland.
4 Lichvar, R. W. 2013. The National Wetland Plant List: 2013 wetland ratings. Phytoneuron 2013-49: 1-241.
12 3.3.2 Regional Water Quality Control Board
Section 401 of the Clean Water Act requires any applicant for a Section 404 permit to obtain certification from the State that the discharge (and the operation of the facility being constructed) will comply with the applicable effluent limitation and water quality standards. In California this 401 certification is obtained from the Regional Water Quality Control Board. The Corps, by law, cannot issue a Section 404 permit until a 401 certification is issued or waived.
Subsequent to the SWANCC decision, the Chief Counsel for the State Water Resources Control Board issued a memorandum that addressed the effects of the SWANCC decision on the Section 401 Water Quality Certification Program.5 The memorandum stating that for waters that are no longer considered subject to federal jurisdiction pursuant to Section 404 of the Clean Water Act, but which remain “waters of the state”, the State will continue to regulate discharges under the Porter-Cologne Act. In such cases the applicant must apply for and obtain a Waste Discharge Requirement from the Regional Board.
3.3.3 California Department of Fish and Wildlife
Pursuant to Division 2, Chapter 6, Sections 1600-1603 of the California Fish and Game Code, the CDFCDFW regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake, which supports fish or wildlife.
CDFW defines a "stream" (including creeks and rivers) as "a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation." CDFW's definition of "lake" includes "natural lakes or man- made reservoirs."
CDFW jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and wildlife. CDFW Legal Advisor has prepared the following opinion6:
Natural waterways that have been subsequently modified and which have the potential to contain fish, aquatic insects and riparian vegetation will be treated like natural waterways...
Artificial waterways that have acquired the physical attributes of natural stream courses and which have been viewed by the community as natural stream courses, should be treated by [CDFW] as natural waterways... Artificial waterways without the attributes of natural waterways should generally not be subject to Fish and Game Code provisions...
5 Wilson, Craig M. January 25, 2001. Memorandum addressed to State Board Members and Regional Board Executive Officers. 6 California Department of Fish and Game. Environmental Services Division (ESD). 1994. A Field Guide to Lake and Streambed Alteration Agreements, Sections 1600-1607, California Fish and Game Code.
13 Thus, CDFW jurisdictional limits closely mirror those of the Corps. Exceptions are CDFW's addition of artificial stock ponds and irrigation ditches constructed on uplands, and the addition of riparian habitat supported by a river, stream, or lake regardless of the riparian area's federal wetland status.
4.0 RESULTS
This section provides the results of general biological surveys, vegetation mapping, habitat assessments for special-status plants and animals, and a jurisdictional delineation for Waters of the United States (including wetlands) subject to the jurisdiction of the Corps and Regional Board, and streams (including riparian vegetation) and lakes subject to the jurisdiction of CDFW.
4.1 Existing Conditions
Historically, the Project site appears to have been used for livestock farming with remnants of building foundations in the northeastern portion of the property. The entire site has been routinely disked for weed abatement for many years. The surrounding landscape consists of developed industrial areas to the west, and agricultural areas to the north, south and east. The site is slightly sloped from north to south, with elevations ranging from 581 feet above mean sea level (amsl) to 572 feet amsl, respectively. The Project site contains a roadside ditch that enters the Project site at the northwestern corner of the Project and flows in a north to south direction for 948 feet before entering the storm drain system at the intersection of Euclid Avenue and Bickmore Avenue. The soils mapped on the project site are Chino Silt Loam [Exhibit 5 – Soils Map].
4.2 Vegetation
During vegetation mapping of the Project site, two vegetation types were identified. Table 4-1 provides a summary of vegetation/land uses and the corresponding acreage. Detailed descriptions of each vegetation type follow the table. A Vegetation Map is attached as Exhibit 4. Photographs depicting the various vegetation types are attached as Exhibit 6.
Table 4-1. Summary of Vegetation/Land Use Types for the Project Site
VEGETATION TYPE/ ACREAGE LAND USE TYPE Disturbed Non-native Grassland 20.77 Non-native Ruderal 0.17 Developed 0.74 TOTAL 21.68
14 Disturbed Non-native Grassland Approximately 20.77 acres are lands dominated by non-native grasses. Dominant species in this area included wild oats (Avena sp.), foxtail barley (Hordeum sp.), ripgut brome (Bromus diandrus), and London rocket (Sisymbrium irio), all of which are non-native. Of the native species present, fiddleneck (Amsinckia sp.) is dominant. Although non-native grasses dominate these lands, the area is not expected to function as a natural non-native grassland that can in some circumstances support a suite of native plants and animals, including those with special- status. Instead, the lands on the Project site have not been in natural condition for decades and are remnants of livestock pasture and/or crop lands.
Non-native Ruderal Approximately 0.17 acre is non-native ruderal. Dominant species in this area include hairy leaved sunflower (Helianthus annuus), sorghum (Sorghum bicolor), Russian thistle (Salsola tragus), golden crownbeard (Verbesina enceloides), wild radish (Raphanus sativus), and castor bean (Ricinus communis). This vegetation is associated with the agricultural ditch located on the western side of the Project site and consists of non-riparian species. This vegetation is composed of opportunistic weedy species associated with the agricultural ditch and is not a natural vegetation community.
4.3 Wildlife
On August 16, 2018, biologists David Smith and Trina Ming conducted a habitat assessment of the site, during which all detected wildlife was recorded. No special status species were detected, though the site does constitute potential habitat for the burrowing owl. Species detected on site included American crow (Corvus brachyrhynchos), house sparrow (Passer domesticus), western side-blotched lizard (Uta stansburiana elegans), and California ground squirrel (Otospermophilus beecheyi).
4.4 Special-Status Vegetation Communities (Habitats)
The CNDDB identifies the following 11 special-status vegetation communities for the Black Star Canyon, Corona North, Corona South, Guasti, Ontario, Orange, Prado Dam, San Dimas, and Yorba Linda quadrangle maps: Southern California Arroyo Chub/Santa Ana Sucker Stream, Riversidian Alluvial Fan Sage Scrub, Southern Riparian Forest, Southern Coast Live Oak Riparian Forest, Southern Cottonwood Willow Riparian Forest, Southern Sycamore Alder Riparian Woodland, Southern Riparian Scrub, Southern Willow Scrub, California Walnut Woodland, Walnut Forest, and Southern Interior Cypress Forest. The Project site does not contain any special-status vegetation types, including those identified by the CNDDB.
4.5 Special-Status Plants
No special-status plants were detected at the Project site. Species with Table 4-2 provides a list of special-status plants evaluated for the Project site through a general biological survey and habitat assessment. Species were evaluated based on the following factors: 1) species identified by the CNDDB and CNPS as occurring (either currently or historically) on or in the vicinity of
15 the Project site, and 2) any other special-status plants that are known to occur within the vicinity of the Project site, or for which potentially suitable habitat occurs within the site.
Table 4-2. Special-Status Plants Evaluated for the Project Site
Status
Federal State FE – Federally Endangered SE – State Endangered FT – Federally Threatened ST – State Threatened FC – Federal Candidate
CNPS Rank 1A – Plants presumed extirpated in California and either rare or extinct elsewhere. Rank 1B – Plants rare, threatened, or endangered in California and elsewhere. Rank 2A – Plants presumed extirpated in California, but common elsewhere. Rank 2B – Plants rare, threatened, or endangered in California, but more common elsewhere. Rank 3 – Plants about which more information is needed (a review list). Rank 4 – Plants of limited distribution (a watch list).
CNPS Threat Code extension .1 – Seriously endangered in California (over 80% occurrences threatened) .2 – Fairly endangered in California (20-80% occurrences threatened) .3 – Not very endangered in California (<20% of occurrences threatened or no current threats known)
Occurrence
Does not occur – The site does not contain habitat for the species and/or the site does not occur within the geographic range of the species. Absent – The site contains suitable habitat for the species, but the species has been confirmed absent through focused surveys. Not expected to occur – The species is not expected to occur onsite due to low habitat quality, however absence cannot be ruled out. Potential to occur – The species has a potential to occur onsite based on suitable habitat, however its presence/absence could not be confirmed. Present – The species was detected onsite incidentally or through focused surveys.
Species Name Status Habitat Requirements Occurrence Allen's pentachaeta Federal: None Openings in coastal sage scrub, Does not occur. Pentachaeta aurea ssp. allenii State: None and valley and foothill The “non-native CNPS: Rank 1B.1 grasslands. grasslands” on site have been in agriculture for decades. Brand's star phacelia Federal: None Coastal dunes and coastal sage Does not occur Phacelia stellaris State: None scrub. CNPS: Rank 1B.1
16 Species Name Status Habitat Requirements Occurrence Braunton's milk-vetch Federal: FE Closed-cone coniferous forest, Does not occur. Astragalus brauntonii State: None chaparral, coastal sage scrub, The site does not CNPS: Rank 1B.1 valley and foothill grassland. support carbonate Usually carbonate soils. Recent soils and the “non- burn or disturbed areas. native grasslands” on site have been in agriculture for decades. California beardtongue Federal: None Sandy soils in chaparral, lower Does not occur Penstemon californicus State: None montane coniferous forest, and CNPS: Rank 1B.2 pinyon and juniper woodland. California saw-grass Federal: None Meadows and seeps, and alkaline Does not occur Cladium californicum State: None or freshwater marshes and CNPS: Rank 2B.2 swamps. Chaparral nolina Federal: None Chaparral, coastal sage scrub. Does not occur cismontana State: None Occurring on sandstone or CNPS: Rank 1B.2 gabbro substrates. Chaparral ragwort Federal: None Chaparral, cismontane Does not occur Senecio aphanactis State: None woodland, coastal scrub. CNPS: Rank 2B.2 Sometimes associated with alkaline soils. Chaparral sand-verbena Federal: None Sandy soils in chaparral, coastal Does not occur Abronia villosa var. aurita State: None sage scrub. CNPS: Rank 1B.1 Coulter's saltbush Federal: None Coastal bluff scrub, coastal Does not occur Atriplex coulteri State: None dunes, coastal sage scrub, valley CNPS: Rank 1B.2 and foothill grassland. Occurring on alkaline or clay soils. Gambel's water cress Federal: FE Marshes and swamps (freshwater Does not occur Nasturtium gambelii State: ST or brackish). CNPS: Rank 1B.1 Heart-leaved pitcher sage Federal: None Closed-cone coniferous forest, Does not occur Lepechinia cardiophylla State: None chaparral, and cismontane CNPS: Rank 1B.2 woodland. Intermediate mariposa-lily Federal: None Rocky soils in chaparral, coastal Does not occur Calochortus weedii var. State: None sage scrub, valley and foothill intermedius CNPS: Rank 1B.2 grassland. Intermediate monardella Federal: None Usually in the understory of Does not occur Monardella hypoleuca State: None chaparral, cismontane woodland, ssp.intermedia CNPS: Rank 1B.3 and lower montane coniferous forest (sometimes) Jokerst's monardella Federal: None Steep scree or talus slopes Does not occur Monardella australis ssp. State: None between breccia, secondary jokerstii CNPS: Rank 1B.1 alluvial benches along drainages and washes. Chaparral, lower montane coniferous forest.
17 Species Name Status Habitat Requirements Occurrence Long-spined spineflower Federal: None Clay soils in chaparral, coastal Does not occur Chorizanthe polygonoides var. State: None sage scrub, meadows and seeps, longispina CNPS: Rank 1B.2 and valley and foothill grasslands Lucky morning-glory Federal: None Historically associated with Does not occur Calystegia felix State: None wetland and marshy places, but CNPS: Rank 3.1 possibly in drier situations as well. Possibly silty loam and alkaline soils. Meadows and seeps (sometimes alkaline), riparian scrub (alluvial). Malibu baccharis Federal: None Chaparral, cismontane Does not occur Baccharis malibuensis State: None woodland, coastal sage scrub. CNPS: Rank 1B.1 Many-stemmed dudleya Federal: None Chaparral, coastal sage scrub, Does not occur. Dudleya multicaulis State: None valley and foothill grassland. Soils on site are not CNPS: Rank 1B.2 Often occurring in clay soils. preferable and “non-native grasslands” on site have been in agriculture for decades. Mesa horkelia Federal: None Sandy or gravelly soils in Does not occur Horkelia cuneata var. puberula State: None chaparral (maritime), cismontane CNPS: Rank 1B.1 woodland, and coastal scrub. Parry's spineflower Federal: None Sandy or rocky soils in open Does not occur Chorizanthe parryi var. parryi State: None habitats of chaparral and coastal CNPS: Rank 1B.1 sage scrub. Prostrate vernal pool navarretia Federal: None Coastal sage scrub, valley and Does not occur Navarretia prostrata State: None foothill grassland (alkaline), CNPS: Rank 1B.1 vernal pools. Occurring in mesic soils. Rigid fringepod Federal: None Dry rocky slopes in pinyon and Does not occur Thysanocarpus rigidus State: None juniper woodland. CNPS: Rank 1B.2 Salt Spring checkerbloom Federal: None Mesic, alkaline soils in Does not occur Sidalcea neomexicana State: None chaparral, coastal sage scrub, CNPS: Rank 2B.2 lower montane coniferous forest, Mojavean desert scrub, and playas. San Bernardino aster Federal: None Cismontane woodland, coastal Does not occur Symphyotrichum defoliatum State: None scrub, lower montane coniferous CNPS: Rank 1B.2 forest, meadows and seeps, marshes and swamps, valley and foothill grassland (vernally mesic). San Fernando Valley Federal: FPT Coastal sage scrub, occurring on Does not occur spineflower State: SE sandy soils. Chorizanthe parryi var. CNPS: Rank 1B.1 fernandina
18 Species Name Status Habitat Requirements Occurrence Santa Ana River woolly star Federal: FE Alluvial fan sage scrub, Does not occur Eriastrum densifolium ssp. State: SE chaparral. Occurring on sandy sanctorum CNPS: Rank 1B.1 or rocky soils. Santiago Peak phacelia Federal: None Closed-cone coniferous forest, Does not occur Phacelia keckii State: None chaparral CNPS: Rank 1B.3 Slender-horned spineflower Federal: FE Sandy soils in alluvial scrub, Does not occur Dodecahema leptoceras State: SE chaparral, cismontane woodland. CNPS: Rank 1B.1 Smooth tarplant Federal: None Alkaline soils in chenopod scrub, Does not occur. Centromadia pungens ssp. State: None meadows and seeps, playas, Site lacks laevis CNPS: Rank 1B.1 riparian woodland, valley and appropriate soils or foothill grasslands, disturbed hydrology. habitats. Southern tarplant Federal: None Disturbed habitats, margins of Does not occur. Centromadia parryi ssp. State: None marshes and swamps, vernally Site lack australis CNPS: Rank 1B.1 mesic valley and foothill appropriate soils or grassland, vernal pools. hydrology. Tecate cypress Federal: None Closed-cone coniferous forest, Does not occur Hesperocyparis forbesii State: None chaparral. CNPS: Rank 1B.1 White rabbit-tobacco Federal: None Sandy or gravelly soils in Does not occur Pseudognaphalium State: None chaparral, cismontane woodland, leucocephalum CNPS: Rank 2B.2 coastal scrub, and riparian woodland.
4.5.1 Special-Status Plants Detected at the Project Site
No special-status plants were detected at the Project Site and none are expected. The site has been a working farm for decades and although there are lands that are dominated by non-native grasses, there is no potential for the lands to function as a natural vegetation community that would support special-status plants.
4.6 Special-Status Animals
Table 4-3 provides a list of special-status animals evaluated for the Project site through general biological surveys, habitat assessments, and focused surveys. Species were evaluated based on the following factors, including: 1) species identified by the CNDDB as occurring (either currently or historically) on or in the vicinity of the Project site, and 2) any other special-status animals that are known to occur within the vicinity of the Project site, for which potentially suitable habitat occurs on the site.
19 Table 4-3. Special Status Animals Evaluated for the Project Site
Status
Federal State FE – Federally Endangered SE – State Endangered FT – Federally Threatened ST – State Threatened FPT – Federally Proposed Threatened SC– State Candidate BGEPA– Bald and Golden Eagle Protection Act CFP – California Fully-Protected Species SSC – Species of Special Concern
Western Bat Working Group (WBWG) H – High Priority LM – Low-Medium Priority M – Medium Priority MH – Medium-High Priority
Occurrence
Absent – The species is absent from the site, either because the site lacks suitable habitat for the species, the site is located outside of the known range of the species, or focused surveys has confirmed the absence of the species. Not expected to occur – The species is not expected to occur onsite due to low habitat quality, however absence cannot be ruled out. Potential to occur – The species has a potential to occur onsite based on suitable habitat, however its presence/absence could not be confirmed. Present – The species was detected onsite incidentally or through focused surveys.
Species Name Status Habitat Occurrence Requirements Invertebrates Delhi-sands flower-loving Federal: FE Fine, sandy soils, often Does not occur fly State: None associated with wholly or Raphiomidas terminatus partially consolidated abdominalis dunes referred to as the “Delhi” series. Vegetation consists of a sparse cover, including California buckwheat, California croton, deerweed, and evening primrose. San Diego fairy shrimp Federal: FE Seasonal vernal pools Does not occur Branchinecta State: None sandiegonensis Vernal pool fairy shrimp Federal: FT Seasonal vernal pools Does not occur Branchinecta lynchi State: None Fish Arroyo chub Federal: None Slow-moving or backwater Does not occur Gila orcutti State: SSC sections of warm to cool streams with substrates of sand or mud.
20 Species Name Status Habitat Occurrence Requirements Santa Ana sucker Federal: FT Small, shallow streams, Does not occur Catostomus santaanae State: None less than 7 meters in width, with currents ranging from swift in the canyons to sluggish in the bottom lands. Preferred substrates are generally coarse and consist of gravel, rubble, and boulders with growths of filamentous algae, but occasionally they are found on sand/mud substrates. Amphibians Arroyo toad Federal: FE Breed, forage, and/or Does not occur Anaxyrus californicus State: SSC aestivate in aquatic habitats, riparian, coastal sage scrub, oak, and chaparral habitats. Breeding pools must be open and shallow with minimal current, and with a sand or pea gravel substrate overlain with sand or flocculent silt. Adjacent banks with sandy or gravely terraces and very little herbaceous cover for adult and juvenile foraging areas, within a moderate riparian canopy of cottonwood, willow, or oak. Coast Range newt Federal: None Found in wet forests, oak Does not occur Taricha torosa State: SSC forests, chaparral, and rolling grasslands. In southern California, drier chaparral, oak woodland, and grasslands are used. Northern leopard frog Federal: None Inhabits grassland, wet Does not occur Lithobates pipiens State: SSC meadows, potholes, forests, woodland, brushlands, springs, canals, bogs, marshes, reservoirs. Generally prefers permanent water with abundant aquatic vegetation. Western spadefoot Federal: None Seasonal pools in coastal Does not occur. No signs Spea hammondii State: SSC sage scrub, chaparral, and of seasonal ponding grassland habitats. present and site has been in agriculture for decades.
21 Species Name Status Habitat Occurrence Requirements Reptiles California glossy snake Federal: None Inhabits arid scrub, rocky Does not occur; site has Arizona elegans State: SSC washes, grasslands, been in agriculture for occidentalis chaparral. decades. Coastal whiptail Federal: None Open, often rocky areas Does not occur; site has Aspidoscelis tigris State: SSC with little vegetation, or been in agriculture for stejnegeri (multiscutatus) sunny microhabitats within decades. shrub or grassland associations. Coast horned lizard Federal: None Occurs in a variety of Does not occur; site is Phrynosoma blainvillii State: SSC vegetation types including isolated and has been in coastal sage scrub, agriculture for decades. chaparral, annual grassland, oak woodland, and riparian woodlands. Coast patch-nosed snake Federal: None Occurs in coastal Does not occur Salvadora hexalepis State: SSC chaparral, desert scrub, virgultea washes, sandy flats, and rocky areas. Red-diamond rattlesnake Federal: None Habitats with heavy brush Does not occur Crotalus ruber State: SSC and rock outcrops, including coastal sage scrub and chaparral. San Diego banded gecko Federal: None Primarily a desert species, Does not occur Coleonyx variegatus State: SSC but also occurs in abbotti cismontane chaparral, desert scrub, and open sand dunes. Southern California legless Federal: None Broadleaved upland forest, Does not occur lizard State: SSC chaparral, coastal dunes, Anniella stebbinsi coastal scrub; found in a broader range of habitats that any of the other species in the genus. Often locally abundant, specimens are found in coastal sand dunes and a variety of interior habitats, including sandy washes and alluvial fans Two-striped garter snake Federal: None Aquatic snake typically Does not occur Thamnophis hammondii State: SSC associated with wetland habitats such as streams, creeks, and pools. Western pond turtle Federal: None Slow-moving permanent Does not occur Emys marmorata State: SSC or intermittent streams, small ponds and lakes, reservoirs, abandoned gravel pits, permanent and ephemeral shallow wetlands, stock ponds, and treatment lagoons. Abundant basking sites
22 Species Name Status Habitat Occurrence Requirements and cover necessary, including logs, rocks, submerged vegetation, and undercut banks. Birds American peregrine falcon Federal: Delisted Breeding habitat consists Does not occur (nesting) State: Delisted, FP of high cliffs, tall Falco peregrinus anatum buildings, and bridges along the coast and inland. Foraging habitat primarily includes open areas near wetlands, marshes, and adjacent urban landscapes. Bald eagle (nesting & Federal: Delisted Primarily in or near Does not occur wintering) State: SE, FP seacoasts, rivers, swamps, Haliaeetus leucocephalus and large lakes. Perching sites consist of large trees or snags with heavy limbs or broken tops. Burrowing owl (burrow Federal: None Shortgrass prairies, Moderate potential to sites & some wintering State: SSC grasslands, lowland scrub, occur on site sites) agricultural lands Athene cunicularia (particularly rangelands), coastal dunes, desert floors, and some artificial, open areas as a year-long resident. Occupies abandoned ground squirrel burrows as well as artificial structures such as culverts and underpasses. California black rail Federal: None Nests in high portions of Does not occur Laterallus jamaicensis State: ST, FP salt marshes, shallow coturniculus freshwater marshes, wet meadows, and flooded grassy vegetation. Coastal cactus wren (San Federal: None Occurs almost exclusively Does not occur Diego & Orange County State: SSC in cactus (cholla and only) prickly pear) dominated Campylorhynchus coastal sage scrub. brunneicapillus sandiegensis Coastal California Federal: FT Low elevation coastal sage Does not occur gnatcatcher State: SSC scrub and coastal bluff Polioptila californica scrub. californica Golden eagle (nesting & Federal: None In southern California, Does not occur for nesting wintering) State: FP occupies grasslands, and given the degraded Aquila chrysaetos brushlands, deserts, oak condition of the site, it is savannas, open coniferous less than reasonable for forests, and montane this species to occur in a valleys. Nests on rock foraging role. outcrops and ledges.
23 Species Name Status Habitat Occurrence Requirements Grasshopper sparrow Federal: None Open grassland and Does not occur; non-native (nesting) State: SSC prairies with patches of grassland has been pasture Ammodramus savannarum bare ground. and agriculture for decades Least Bell's vireo (nesting) Federal: FE Dense riparian habitats Does not occur Vireo bellii pusillus State: SE with a stratified canopy, including southern willow scrub, mule fat scrub, and riparian forest. Long-eared owl (nesting) Federal: None Riparian habitats are Does not occur Asio otus State: SSC required by the long-eared owl, but it also uses live- oak thickets and other dense stands of trees. Southwestern willow Federal: FE Riparian woodlands along Does not occur flycatcher (nesting) State: SE streams and rivers with Empidonax traillii extimus mature dense thickets of trees and shrubs. Swainson's hawk (nesting) Federal: None Summer in wide open Does not occur for nesting Buteo swainsoni State: ST spaces of the American and given the degraded West. Nest in grasslands, condition of the site, it is but can use sage flats and less than reasonable for agricultural lands. Nests this species to occur in a are placed in lone trees. foraging role. Tricolored blackbird Federal: None Breeding colonies require Does not occur for nesting (nesting colony) State: SE, SSC nearby water, a suitable and given the degraded Agelaius tricolor nesting substrate, and condition of the site, it is open-range foraging less than reasonable for habitat of natural this species to occur in a grassland, woodland, or foraging role agricultural cropland. Western yellow-billed Federal: FT Dense, wide riparian Does not occur cuckoo (nesting) State: SE woodlands with well- Coccyzus americanus developed understories. occidentalis White-tailed kite (nesting) Federal: None Low elevation open Does not occur for nesting Elanus leucurus State: FP grasslands, savannah-like but potential to occur for habitats, agricultural areas, foraging. wetlands, and oak woodlands. Dense canopies used for nesting and cover. Yellow rail Federal: None Shallow marshes, and wet Does not occur Coturnicops State: SSC meadows; in winter, drier noveboracensis freshwater and brackish marshes, as well as dense, deep grass, and rice fields. Yellow warbler (nesting) Federal: None Breed in lowland and Does not occur Setophaga petechia State: SSC foothill riparian woodlands dominated by cottonwoods, alders, or willows and other small trees and shrubs typical of low, open-canopy riparian
24 Species Name Status Habitat Occurrence Requirements woodland. During migration, forages in woodland, forest, and shrub habitats. Yellow-breasted chat Federal: None Dense, relatively wide Does not occur (nesting) State: SSC riparian woodlands and Icteria virens thickets of willows, vine tangles, and dense brush with well-developed understories. Mammals American badger Federal: None Most abundant in drier Does not occur; the site Taxidea taxus State: SSC open stages of most scrub, has not been part of a forest, and herbaceous natural system for decades habitats, with friable soils. and is far too degraded to support this species. Big free-tailed bat Federal: None Roost mainly in crevices Does not occur Nyctinomops macrotis State: SSC and rocks in cliff WBWG: MH situations; also utilize buildings, caves, and tree cavities. Los Angeles pocket mouse Federal: None Fine, sandy soils in coastal Does not occur; soils not Perognathus longimembris State: SSC sage scrub and grasslands. suitable and “non-native brevinasus grasslands” on the site have been in agriculture for decades. Mexican long-tongued bat Federal: None Variety of habitats ranging Does not occur Choeronycteris mexicana State: SSC from desert, montane, WBWG: H riparian, to pinyon-juniper habitats. Found roosting in desert canyons, deep caves, mines, or rock crevices. Can use abandoned buildings. Northwestern San Diego Federal: None Coastal sage scrub, sage Does not occur. “Non- pocket mouse State: SSC scrub/grassland ecotones, native grasslands” on the Chaetodipus fallax fallax and chaparral. site have been in agriculture for decades. Pallid bat Federal: None Deserts, grasslands, Does not occur for Antrozous pallidus State: SSC shrublands, woodlands, roosting or breeding; less WBWG: H and forests. Most than reasonable potential common in open, dry for the species to forage on habitats with rocky areas the site with any for roosting. regularity. Pocketed free-tailed bat Federal: None Rocky areas with high Does not occur Nyctinomops State: SSC cliffs in pine-juniper femorosaccus WBWG: M woodlands, desert scrub, palm oasis, desert wash, and desert riparian. San Bernardino kangaroo Federal: FE Typically found in Does not occur rat State: SSC Riversidean alluvial fan Dipodomys merriami sage scrub and sandy loam parvus soils, alluvial fans and
25 Species Name Status Habitat Occurrence Requirements floodplains, and along washes with nearby sage scrub. San Diego desert woodrat Federal: None Occurs in a variety of Does not occur Neotoma lepida State: SSC shrub and desert habitats, intermedia primarily associated with rock outcrops, boulders, cacti, or areas of dense undergrowth. Stephens' kangaroo rat Federal: FE Open grasslands or sparse Does not occur; “non- Dipodomys stephensi State: ST shrublands with less than native grasslands” on the 50% vegetation cover site have been in during the summer. agriculture for decades. No potential for the species to occur. Western mastiff bat Federal: None Occurs in many open, Does not occur for Eumops perotis State: SSC semi-arid to arid habitats, roosting or breeding; less californicus WBWG: H including conifer and than reasonable potential deciduous woodlands, for the species to forage on coastal scrub, grasslands, the site with any and chaparral. Roosts in regularity. crevices in cliff faces, high buildings, trees, and tunnels. Western yellow bat Federal: None Found in valley foothill Does not occur Lasiurus xanthinus State: SSC riparian, desert riparian, WBWG: H desert wash, and palm oasis habitats. Roosts in trees, particularly palms. Forages over water and among trees. Yuma myotis Federal: None Optimal habitats are open Does not occur Myotis yumanensis State: None forests and woodlands WBWG: LM with sources of water over which to feed. Distribution is closely tied to bodies of water. Maternity colonies in caves, mines, buildings or crevices.
4.6.1 Special-Status Wildlife Species Observed within the Project Site
No special-status wildlife species were detected within the Project site.
4.6.2 Special-Status Wildlife Species Not Observed but with a Potential to Occur at the Project Site
Burrowing Owl (Athene cunicularia hypugaea) – The burrowing owl is designated as a CDFW California Species of Special Concern at burrow sites and some wintering sites. The burrowing owl occurs in shortgrass prairies, grasslands, lowland scrub, agricultural lands (particularly rangelands), prairies, coastal dunes, desert floors, and some artificial, open areas as a year-long
26 resident (Haug, et al. 1993). They may also use golf courses, cemeteries, road allowances within cities, airports, vacant lots in residential areas and university campuses, fairgrounds, abandoned buildings, and irrigation ditches (Haug, et al. 1993). They require large open expanses of sparsely vegetated areas on gently rolling or level terrain with an abundance of active small mammal burrows. As a critical habitat feature need, they require the use of rodent or other burrows for roosting and nesting cover. They may also use pipes, culverts, and nest boxes where burrows are scarce (Robertson 1929). The mammal burrows are modified and enlarged. One burrow is typically selected for use as the nest, however, satellite burrows are usually found within the immediate vicinity of the nest burrow within the defended territory of the owl. During the field study, multiple burrows were observed that could be potentially suitable for burrowing owl. In total, the Project site supports 20.94 acres of potential habitat.
Due to the potential presence of burrowing owls and the late nature of initial surveys, focused burrowing owl surveys will be conducted in 2019.
White-tailed Kite (Elanus leucurus) - This species hunts in open lands vegetated with grasses and low-growing shrubs. The Project site does not support potential nesting habitat as it requires low trees and/or large shrubs, which the site lacks. This species has a moderate potential to occur during the fall and spring months as a migrant and may forage on the site over winter. There is approximately 20.94 acres of potential foraging habitat on the Project site for white-tailed kite.
4.6.3 Critical Habitat
The Project site is not located within USFWS-designated critical habitat areas.
4.7 Raptor Use
The Project site has the potential to support raptor foraging habitat for several species and nesting habitat for burrowing owl. The four most regionally abundant raptor species, red-tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), Great Horned Owl (Bubo virginianus) and Barn Owl (Tyto alba), may forage on the site throughout the year. As indicated above in Section 4.6.2, both burrowing owl and white-tailed kite may be present as well.
There are approximately 20.94 acres of raptor foraging habitat.
4.8 Nesting Birds
The Project site contains trees, shrubs, and ground cover that provide suitable habitat for nesting migratory birds. Impacts to nesting birds are prohibited under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code.7
7 The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R.21). In addition, sections 3505, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs.
27 4.9 Wildlife Linkages/ Corridors and Nursery Sites
Habitat linkages are areas which provide a communication between two or more other habitat areas which are often larger or superior in quality to the linkage. Such linkage sites can be quite small or constricted, but may can be vital to the long-term health of connected habitats. Linkage values are often addressed in terms of “gene flow” between populations, with movement taking potentially many generations.
Corridors are similar to linkages but provide specific opportunities for individual animals to disperse or migrate between areas, generally extensive but otherwise partially or wholly separated regions. Adequate cover and tolerably low levels of disturbance are common requirements for corridors. Habitat in corridors may be quite different than that in the connected areas, but if used by the wildlife species of interest, the corridor will still function as desired.
The Project site does not support any habitat linkage or wildlife corridor.
Wildlife nurseries are sites where wildlife concentrate for hatching and/or raising young, such as rookeries, spawning areas, and bat colonies. Nurseries can be important to both special-status species as well as commonly occurring species.
The Project site does not support a wildlife nursery.
4.10 Jurisdictional Delineation
The Project site contains a roadside ditch that enters the Project site at the northwestern corner of the Project and flows in a north to south direction for 948 feet before entering the storm drain system at the intersection of Euclid Avenue and Bickmore Avenue [Exhibit 3A - RWQCB Jurisdictional Delineation Map]. This feature is the only drainage-related feature within the Project, and it has been constructed in and drains wholly upland areas and does not support a relatively permanent flow of water, therefore, there are no Corps jurisdictional waters which would be regulated pursuant to Section 404 of the CWA within the Project site.
As there are no CWA Section 404 waters within the Project site, there are also no CWA Section 401 waters that would be regulated by the Regional Board within the Project site. However, this feature would be subject to Regional Board jurisdiction pursuant to Section 13260 of the CWC. Total Regional Board jurisdiction associated with the Project is 0.13 acre, none of which consists of wetlands [Exhibit 3A - RWQCB Jurisdictional Delineation Map]. A total of 948 linear feet of roadside ditch is present on site.
CDFW jurisdiction within the Project totals 0.17 acre, all of which consists of non-riparian ditch [Exhibit 3B - CDFW Jurisdictional Delineation Map]. A total of 948 linear feet of roadside ditch is present. Vegetation associated with this ditch includes hairy leaved sunflower, sorghum, Russian thistle, golden crownbeard, wild radish, and castor bean.
28 5.0 IMPACT ANALYSIS
The following discussion examines the potential impacts to plant and wildlife resources that would occur as a result of the proposed project. Impacts (or effects) can occur in two forms, direct and indirect. Direct impacts are considered to be those that involve the loss, modification or disturbance of plant communities, which in turn, directly affect the flora and fauna of those habitats. Direct impacts also include the destruction of individual plants or animals, which may also directly affect regional population numbers of a species or result in the physical isolation of populations thereby reducing genetic diversity and population stability.
Indirect impacts pertain to those impacts that result in a change to the physical environment, but which is not immediately related to a project. Indirect (or secondary) impacts are those that are reasonably foreseeable and caused by a project, but occur at a different time or place. Indirect impacts can occur at the urban/wildland interface of projects, to biological resources located downstream from projects, and other off site areas where the effects of the project may be experienced by plants and wildlife. Examples of indirect impacts include the effects of increases in ambient levels of noise or light; predation by domestic pets; competition with exotic plants and animals; introduction of toxics, including pesticides; and other human disturbances such as hiking, off-road vehicle use, unauthorized dumping, etc. Indirect impacts are often attributed to the subsequent day-to-day activities associated with project build-out, such as increased noise, the use of artificial light sources, and invasive ornamental plantings that may encroach into native areas. Indirect effects may be both short-term and long-term in their duration. These impacts are commonly referred to as “edge effects” and may result in a slow replacement of native plants by non-native invasives, as well as changes in the behavioral patterns of wildlife and reduced wildlife diversity and abundance in habitats adjacent to project sites.
Cumulative impacts refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. A cumulative impact can occur from multiple individual effects from the same project, or from several projects. The cumulative impact from several projects is the change in the environment resulting from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
5.1 California Environmental Quality Act (CEQA)
5.1.1 Thresholds of Significance
Environmental impacts to biological resources are assessed using impact significance threshold criteria, which reflect the policy statement contained in CEQA, Section 21001(c) of the California Public Resources Code. Accordingly, the State Legislature has established it to be the policy of the State of California:
“Prevent the elimination of fish or wildlife species due to man’s activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and
29 preserve for future generations representations of all plant and animal communities...”
Determining whether a project may have a significant effect, or impact, plays a critical role in the CEQA process. According to CEQA, Section 15064.7 (Thresholds of Significance), each public agency is encouraged to develop and adopt (by ordinance, resolution, rule, or regulation) thresholds of significance that the agency uses in the determination of the significance of environmental effects. A threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant. In the development of thresholds of significance for impacts to biological resources CEQA provides guidance primarily in Section 15065, Mandatory Findings of Significance, and the CEQA Guidelines, Appendix G, Environmental Checklist Form. Section 15065(a) states that a project may have a significant effect where:
“The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or wildlife community, reduce the number or restrict the range of an endangered, rare, or threatened species, ...”
Therefore, for the purpose of this analysis, impacts to biological resources are considered potentially significant (before considering offsetting mitigation measures) if one or more of the following criteria discussed below would result from implementation of the proposed project.
5.1.2 Criteria for Determining Significance Pursuant to CEQA
Appendix G of the 2017 State CEQA guidelines indicate that a project may be deemed to have a significant effect on the environment if the project is likely to:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.
30 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
5.2 Impacts to Native Vegetation
Table 5-1 provides a summary of vegetation community impacts. There are no native vegetation communities present on the Project site, thus no impact to native vegetation would occur. The proposed Project will permanently impact approximately 20.94 acres of non-native vegetation in the form of disturbed non-native grassland and non-native ruderal. As discussed in Section 4.2, the non-native grassland is not a natural vegetation community but rather are lands dominated by several non-native grass species. The Project site has been in agriculture for decades.
The removal of 20.77 acres of non-native grasses and 0.17 acre of ruderal/weedy vegetation would not be a significant impact under CEQA. These lands are not expected to support quality habitat for plants and animals due to the decades of disking and pasture use by dairy cattle.
Table 5-1. Summary of Vegetation/Land Use Impacts
Vegetation Alliance/Land Use Type Permanent Impacts Disturbed Non-native Grassland 20.77 Non-native Ruderal 0.17 Total 20.94
5.3 Impacts to Special-Status Plants
The proposed Project will not impact special-status plants as there is no potential for any to occur.
5.4 Impacts to Special-Status Animals
The proposed Project has the potential to impact burrowing owl and white-tailed kite, if either are present. As discussed in Section 4.6.2, there are burrows on the Project Site that are potentially suitable for burrowing owl. The species was not detected but may be present. A focused survey was not feasible due to the time of year, and focused surveys will be performed in 2019. The potential presence of burrowing owl is a potentially significant impact under CEQA. Refer to Section 6.1 to address this potential impact.
31 The Project site provides 20.94 acres of potential foraging habitat for white-tailed kite. The lands are not good quality given the amount of disturbance over the years and this species remains common in the region. The removal of 20.94 acres of potential foraging habitat for white-tailed kite would be less than significant under CEQA.
5.5 Impacts to Critical Habitat
The proposed Project will not impact lands designated as critical habitat by the USFWS.
5.6 Raptor Use
The proposed Project would remove an estimated 20.94 acres of potential foraging habitat (disturbed non-native grassland, non-native ruderal) for species common to the region. The loss of 20.94 acres of potential foraging habitat would not pose a significant impact to raptors under CEQA because the Project site has been actively managed for dairy agriculture for many years, affecting the prey base present.
5.7 Impacts to Nesting Birds
The Project has the potential to impact active bird nests if vegetation is removed during the nesting season (February 1 to August 31). Impacts to nesting native birds are prohibited by the MBTA and California Fish and Game Code. A Project-specific mitigation measure is identified in Section 6.2 of this report to avoid impacts to native nesting birds. Although impacts to native birds are prohibited by MBTA and similar provisions of California Fish and Game Code, impacts to native birds by the proposed Project would not be a significant impact under CEQA. The native birds with potential to nest on the Project site would be those that are extremely common to the region and highly adapted to human landscapes (Anna’s Hummingbird, House Finch). The number of individuals potentially affected by the Project would not significantly affect regional, let alone local, populations of such species.
5.8 Wildlife Migration/Nurseries
The proposed Project would not interfere or impact the movement of native resident or migratory fish or wildlife species or established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The Project site lacks migratory wildlife corridors and wildlife nursery sites. No impact.
5.9 Impacts to Jurisdictional Waters
The Project will fill and re-line approximately 0.13 acre of waters subject to Regional Board jurisdiction, none of which consists of wetlands. The Project will also impact 0.17 acre of CDFW jurisdictional waters. The feature was made wholly in uplands to transport water for agricultural purposes, etc. It does not hold any biological functions and values beyond the other uplands in the Project site. In terms of hydrological functions and values it simply captures and transports water. The loss of this feature would not be a biologically significant impact under
32 CEQA, but given it is regulated by the Regional Board and CDFW, authorizations must be acquired. Refer to Section 6.3 to address this resource.
5.10 Indirect Impacts to Biological Resources
In the context of biological resources, indirect effects are those effects associated with developing areas adjacent to adjacent native open space. Potential indirect effects associated with development include water quality impacts from associated with drainage into adjacent open space/downstream aquatic resources; lighting effects; noise effects; invasive plant species from landscaping; and effects from human access into adjacent open space, such as recreational activities (including off-road vehicles and hiking), pets, dumping, etc. Temporary, indirect effects may also occur as a result of construction-related activities.
The Project site lacks natural lands and is adjacent to active agriculture and development. The biological resources on-site are degraded and heavily dominated by nonnative species, as are the biological resources adjacent to the site. The potential for the Project to indirectly impact biological resources to a significant degree is less than reasonable. Potential indirect effects to biological resources would be less than significant.
5.11 Cumulative Impacts to Biological Resources
Cumulative impacts are defined as the direct and indirect effects of a proposed project which, when considered alone, would not be deemed a substantial impact, but when considered in addition to the impacts of related projects in the area, would be considered potentially significant. “Related projects” refers to past, present, and reasonably foreseeable probable future projects, which would have similar impacts to the proposed project.
There is potential for burrowing owl to be present. As such, the Project could make a cumulatively considerable contribution to regional impacts to burrowing owl (if present). Refer to Section 6.1 to address this potential impact.
For other biological resources potentially present and impacted by the Project (white-tailed kite), the degree of contribution to the regional decline of these resources is judged to not be considerable at the Project and regional levels.
6.0 MITIGATION/AVOIDANCE MEASURES
The following discussion provides project-specific mitigation/avoidance measures for actual or potential impacts to special-status resources.
6.1 Burrowing Owl
1. A focused survey for burrowing owl will be performed per CDFG (2012) protocol and prior to ground disturbance/grading. The guidelines stipulate that four focused survey visits will be conducted between February 15 and July 15, with the first visit occurring
33 between February 15 and April 15. The remaining three visits should be conducted three weeks apart from each other, with at least one visit occurring between June 15 and July 15. If Burrowing Owl(s) is detected on site, the owl(s) will be handled as indicated by the Resources Management Plan (RMP). The RMP addresses mitigation requirements for impacts to Burrowing Owls. The RMP states that the 1995 CDFG Staff Report on Burrowing Owl Mitigation (as supplemented by the RMP) shall be followed when burrowing owls are detected on properties. If avoidance of occupied habitat is infeasible, provisions shall be made to passively relocate owls from sites in accordance with the current 2012 CDFG Staff Report (supersedes 1995 CDFG Staff Report).
According to the Preserve EIR and RMP, Burrowing Owls to be relocated from properties within the City’s Subarea 2 are intended to be accommodated within a “300-acre conservation area” and/or additional Candidate Relocation Areas as described on Page 4-16 and 4-21 of the RMP. One such contingency conservation area is identified in the RMP as “Drainage Area B”.
Drainage Area B consists of a series of Natural Treatment System (NTS) facilities that were constructed south of Kimball Avenue and west of Mill Creek Road. When the NTS facilities were constructed, approximately 50 artificial owl burrows were installed within the basins to accommodate relocated owls and additional owls dispersing to the site. This location was given top priority as an owl relocation site by the RMP due to its proximity to areas that have been and will be converted to urban development. If Burrowing Owls are present at the Project site at time of site disturbance, the Burrowing Owls would be more likely to initially relocate to the immediately surrounding properties, including the Chino Airport. However, the NTS basins represent the nearest conservation area providing regional mitigation for the loss of burrowing owl habitat.
Consistent with the RMP, the following measures shall apply to the Project site regarding burrowing owl mitigation:
Prior to disturbance of the occupied burrows, suitable and unoccupied replacement burrows shall be provided at a ratio of 2:1 within the City-designated relocation area (e.g. the NTS basins). A qualified biologist through coordination with the City shall confirm that the artificial burrows are currently unoccupied and suitable for use by owls.
Until suitable replacement burrows have been provided/confirmed within the City- designated relocation area (e.g. the NTS basins), no disturbance shall occur within 50 meters (approximately 160 feet) of occupied burrows during the nonbreeding season (September 1 through January 31) or within 75 meters (approximately 250 feet) during the breeding season (February 1 through August 31).
Occupied burrows should not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by CDFW verifies through non-invasive methods that either: 1) the birds have not begun egg-laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.
34 If Burrowing Owls are present at the time that the occupied burrows are to be disturbed, then the owls shall be excluded from the site following the 2012 CDFG Staff Report and Table 4-6 of the RMP.
Pursuant to mitigation measure B-3(8) of The Preserve EIR, and as noted on Page 4-39 of the RMP, the Project shall pay the required mitigation fee. One priority for funding supported by the mitigation fees is the establishment and long-term management of Burrowing Owl habitat within the Drainage Area B conservation area.
With the implementation of these mitigation measures, impacts to burrowing owls will be reduced to below a level of significance.
2. If there is more than a 14-day window between when the focused survey is performed and ground disturbance, a qualified biologist will conduct a pre-construction presence/absence survey for burrowing owls within 14 days prior to site disturbance and again within 48 hours of disturbance. If burrowing owls are detected on site, the owls will be relocated/excluded from the site outside of the breeding season following accepted protocols, and subject to the approval of CDFW (as described above).
6.2 Nesting Birds
Vegetation clearing should be conducted outside of the nesting season (February 1 through September 15). If avoidance of the nesting season is not feasible, then a qualified biologist shall conduct a nesting bird survey within three days prior any disturbance of the site, including disking, demolition activities, and grading. If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests.
6.3 Jurisdictional Waters
Impacts to Regional Board and CDFW jurisdiction will be mitigated at a minimum 1:1 ratio through off site mitigation, targeting in-lieu fee mitigation with a local Resource Conservation District (RCD), or other approved mitigation bank. The Project will obtain the necessary permits from the CDFW and Regional Board prior to any impacts within jurisdictional areas. With mitigation, impacts to state waters will be less than significant.
35 7.0 REFERENCES
American Ornithologists' Union (AOU). 2009. Checklist of North American Birds, (7th Edition; 1998-2009).
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken. 2012. The Jepson Manual: Vascular Plants of California. University of California Press. 1,568 pp.
[CDFG] California Department of Fish and Game. 2016. Complete List of Amphibian, Reptile, Bird and Mammal Species in California. Dated May 2016.
[CDFG] California Department of Fish and Game. 2009. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. State of California, California Natural Resources Agency, Department of Fish and Game. Dated November 24, 2009.
[CDFW] California Department of Fish and Wildlife. 2018. Special Animals. State of California Resources Agency, Sacramento, California.
[CDFW] California Department of Fish and Wildlife. 2018. State and Federally Listed Endangered and Threatened Animals of California. State of California Resources Agency. Sacramento, California.
California Department of Fish and Wildlife. 2018. California Natural Diversity Database: RareFind 5. Records of occurrence for U.S.G.S. 7.5- minute Quadrangle maps: Black Star Canyon, Corona North, Corona South, Guasti, Ontario, Orange, Prado Dam, San Dimas, and Yorba Linda. California Department of Fish and Wildlife, State of California Resources Agency. Sacramento, California.
[Cal-IPC] California Invasive Plant Council. California Invasive Plant Inventory Database. Website: http://cal-ipc.org/paf/. [accessed 3 September 2018]
[CNPS] California Native Plant Society. 2001. Inventory of Rare and Endangered Plants of California (sixth edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacramento, CA. x + 388pp.
[CNPS] California Native Plant Society. 2015. Inventory of Rare and Endangered Plants (online edition, v8-02). Rare Plant Program. California Native Plant Society, Sacramento, CA. Website http://www.rareplants.cnps.org [accessed 09/03/18]
Collins, Joseph T. and Travis W. Taggart. 2009. Standard Common and Current Scientific Names for North American Amphibians, Turtles, Reptiles, and Crocodilians. Sixth Edition. Publication of The Center For North American Herpetology, Lawrence. iv+44p.
36 Courser, W. D. 1979. Continued breeding range expansion of the burrowing owl in Florida. Amer. Birds 33: 143-144.
DeSante, D.F. and E.D. Ruhlen. 1995. (draft) A census of burrowing owls in California, 1991- 1993.
[Dudek] Dudek & Associates. 2003. Western Riverside County Multiple Species Habitat Conservation Plan. Volumes 1 – 5. Prepared for the Transportation and Land Management Agency, County of Riverside, California as part of the Riverside County Integrated Project. Adopted June 2003, currently available at http://www.rcip.org/conservation.htm.
Garrett, K. and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Los Angeles Audubon Society. 407 pp.
Grinnell, J. and A.H. Miller. 1944. The Distribution of the Birds of California. Pacific Coast Avifauna Number 27. Copper Ornithological Club, Berkeley, California. Reprinted by Artemisia Press, Lee Vining, California; April 1986. 617 pp.
Haug, E. A., B. A. Millsap, and M. S. Martell. 1993. Burrowing Owl (Speotyto cunicularia). In The Birds of North America, No. 130 (A. Poole and F. Gill, Eds.). Philadelphia: The Academy of Natural Sciences; Washington, D.C.: The American Ornithologists' Union.
Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Wildlife.
James, P.C., and T. J. Ethier. 1989. Trends in the winter distribution and abundance of burrowing owls in North America. American Birds 43:1224-1225.
James, P.C. and R.H.M. Espie. 1997. Current status of the burrowing owl in North America: an agency survey. Journal of Captor Research Report 9:3-5.
Johnsgard, P. A. 1988. North American owls, biology and natural history. Smithsonian Inst. Press, Washington, D. C.
Munz, P.A. 1974. A Flora of Southern California. University of California Press. 1,086 pp.
Nelson, J. 1984. Rare plant survey guidelines. In: Inventory of rare and endangered vascular plants of California. J. Smith and R. York (eds.). Special Publication No. 1. California Native Plant Society.
Remsen, J. V., Jr. 1978. Bird species of special concern in California. Calif. Dep. Fish and Game, Sacramento. Wildl. Manage. Admin. Rep. No. 78-1. 54pp.
37 [RCHCA] Riverside County Habitat Conservation Agency. 1996. Habitat Conservation Plan for the Stephens’ Kangaroo Rat in Western Riverside County, California. Riverside, CA: Riverside County Habitat Conservation Agency.
Robertson, J. M. 1929. Some observations on the feeding habits of the burrowing owl. Condor 31: 38-39.
Sawyer, J.O, T. Keeler-Wolf, and J.M. Evens. A Manual of California Vegetation. Second Edition. California Native Plant Society Press. Sacramento, California. 1,300 pp.
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Zarn, M. 1974. Burrowing Owl, Report No. 11. Habitat management series for unique or endangered species. Bureau of Land Management, Denver. 25 pp.
38 8.0 CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.
Signed:__ Date: _November 7, 2018______
p: 0849-36b.biotech.docx
39 Source:ESRI World StreetMap
^ ± PROJECT LOCATION 0 2 4 Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community
8 EUCLID/BICKMORE PROJECT Miles Regional Map Exhibit 1 Adapted from USGS Prado Dam, CAPrado Dam, USGS from Adapted quadrangle
± PROJECT LOCATION 0 1,000 2,0 00
Copyright:© 2013 National Geographic Society, i-cubed
4,000 EUCLID/BICKMORE PROJECT Feet Vicinity Map Exhibit 2 Study Area Boundary Property Boundary RWQCB Non-Wetland Waters 6 Width of Drainage A in Feet
Euclid Avenue Euclid Ditch A
±
062.5 125 250
Feet
1 inch = 125 feet
Coordinate System: State Plane 5 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: K. Kartunen, GLA Date Prepared: October 22, 2018
EUCLID/BICKMORE PROJECT Bickmore Avenue RWQCB Jurisdictional Delineation Map
Exhibit 3A X:\0363-THE REST\0849-36BICK\849-36GIS\DelineationGIS\0849-36RWQCBLayout.mxd Study Area Boundary Property Boundary CDFW Non-Riparian Streambed 8 Width of Drainage A in Feet
Euclid Avenue Euclid Ditch A
±
062.5 125 250
Feet
1 inch = 125 feet
Coordinate System: State Plane 5 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: K. Kartunen, GLA Date Prepared: October 22, 2018
EUCLID/BICKMORE PROJECT Bickmore Avenue CDFW Jurisdictional Delineation Map
Exhibit 3B X:\0363-THE REST\0849-36BICK\849-36GIS\DelineationGIS\0849-36CDFWLayout.mxd Study Area Boundary Property Boundary DEV - Developed DNNG - Disturbed Non-Native Grassland NNR - Non-Native Ruderal Euclid Avenue Euclid
±
062.5 125 250
Feet
1 inch = 125 feet
Coordinate System: State Plane 5 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: K. Kartunen, GLA Date Prepared: November 1, 2018
EUCLID/BICKMORE PROJECT Bickmore Avenue Vegetation Map
Exhibit 4 X:\0363-THE REST\0849-36BICK\849-36GIS\VegetationGIS\0849-36Vegetation.mxd Study Area Boundary Property Boundary Cb - Chino Silt Loam Euclid Avenue Euclid
±
062.5 125 250
Feet
1 inch = 125 feet
Coordinate System: State Plane 5 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: David Smith, GLA Date Prepared: August 13, 2018
EUCLID/BICKMORE PROJECT Bickmore Avenue Soils Map
Exhibit 5 X:\0363-THE REST\0849-36BICK\849-36GIS\Soils\0849-36SoilsLayout.mxd
Exhibit 6
Photograph 1: View depicting the Project site from the southwestern corner Photograph 2: View depicting the Project site from the northern portion of the looking northeast. site, looking southwest. Note the burrows present on site.
hs p ra g Site Photo EUCLID/BICMORE PROJECT Photograph 3: Photo depicting the disturbed nature of the Project site, as well Photograph 4: View depicting the agricultural ditch on the western portion of as potential burrowing owl habitat. the Project site. APPENDIX A: FLORAL COMPENDIUM
The floral compendium lists all species identified during floristic level/focused plant surveys conducted for the Project site. Taxonomy typically follows the Angiosperm Phylogeny Group (APG), which in some cases differs from The Jepson Manual (1993). Common plant names are taken from Hickman (1993), Munz (1974), and Roberts et al (2004) and Roberts (2008). An asterisk (*) denotes a non-native species.
SCIENTIFIC NAME COMMON NAME
MAGNOLIOPHYTA FLOWERING PLANTS
MONOCOTYLEDONS MONOCOTS
POACEAE Grass Family * Avena fatua common wild oat * Bromus diandrus ripgut grass Hordeum jubatum foxtail barley Sorghum bicolor annual sorghum
EUDICOTYLEDONS EUDICOTS
AMARANTHACEAE Amaranth Family * Kochia scoparia common red sage * Salsola tragus Russian-thistle
APOCYNACEAE Dogbane Family Asclepias fascicularis narrow-leaf milkweed
ASTERACEAE Sunflower Family * Cirsium vulgare bull thistle Helianthus annuus western sunflower Verbesina encelioides golden crownbeard
BORAGINACEAE Borage Family Amsinckia menziesii var. intermedia common fiddleneck Heliotropium curassavicum salt heliotrope
BRASSICACEAE Mustard Family * Brassica nigra black mustard * Raphanus sativus wild radish * Sisymbrium irio London rocket
CONVOLVULACEAE Morning-Glory Family Calystegia macrostegia morning-glory
EUPHORBIACEAE Spurge Family * Ricinus communis castor bean
FABACEAE Legume Family * Senna didymobotrya African wild cassia
MALVACEAE Mallow Family * Malva parviflora cheeseweed
SIMAROUBACEAE Simarouba Family * Ailanthus altissima Tree of heaven
SOLANACEAE Nightshade Family Datura wrightii jimsonweed
APPENDIX B: FAUNAL COMPENDIUM
The faunal compendium lists species that were either observed within or adjacent to the Project site. Taxonomy and common names are taken from Pelham (2008)1 for butterflies, AOU (1998 et seq.)2 for birds, Crother (2012)3 for amphibian, turtle, and reptile taxonomy, and Wilson and Reeder (2005)4 for mammals.
REPTILIA REPTILES
PHRYNOSOMATIDAE Phrynosomatid Lizards Uta stansburiana common side-blotched lizard
AVES BIRDS
CORVIDAE Crows And Jays Corvus brachyrhynchos American crow
PASSERIDAE Old World Sparrows * Passer domesticus house sparrow
MAMMALIA MAMMALS
SCIURIDAE Squirrels, Chipmunks, And Marmots Otospermophilus beecheyi California ground squirrel
Amphibians and reptiles: Crother, B.I. et al.(2000. Scientific and standard English names of amphibians and reptiles of North America north of Mexico, with comments regarding confidence in our understanding. Herpetological Circular 29; and 2003 update.) for species taxonomy and nomenclature; Stebbins, R.C. (2003. A Field Guide to Western Reptiles and Amphibians, third edition, Houghton Mifflin, Boston.) for sequence and higher order taxonomy.
Birds: American Ornithologists’ Union (1998. The A.O.U. Checklist of North American Birds, seventh edition. American Ornithologists’ Union, Washington D.C.; and 2000, 2002, 2003, and 2004 supplements.).
1 Jonathan Pelham. 2008. Catalogue of the Butterflies of the United States and Canada. Journal of Research on the Lepidoptera 40: xiv + 658 pp. 2American Ornithologists’ Union 1998. The A.O.U. Checklist of North American Birds, seventh edition. American Ornithologists’ Union, Washington D.C.; and 2000, 2002, 2003, and 2004 supplements. 3 Crother, B. I., ed. 2012. Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico, with Comments Regarding Confidence in Our Understanding, 7th Edition. SSAR Herpetological Circular 39:1-92. Shoreview, MN: Society for the Study of Amphibians and Reptiles, Committee On Standard English And Scientific Names. 4 Wilson, D. E., and D. M. Reeder, eds. 2005. Mammal Species of the World: A Taxonomic and Geographic Reference, 3rd Edition. Baltimore, MD: Johns Hopkins University Press. Available online at http://www.bucknell.edu/msw3/browse.asp. No separate corrigenda or updates since initial publication. Mammals: Grenfell, W.E., Parisi, M.D. and McGriff, D. (2003. Complete list of amphibians, reptiles, birds and mammals in California. California Department of Fish and Game. http://www.dfg.ca.gov/whdab/pdfs/species_list.pdf).
The faunal compendium lists species that were either observed within or adjacent to the Study Area (denoted by a ‘*’), or that have some potential to occur within or adjacent to the Study Area (denoted by a ‘+’). Taxonomy and common names are taken from the California Wildlife Habitat Relationships System (CDFG 2003); AOU (1998) and CDFG (1990) for birds; Stebbins (1985), Collins (1990), Jones et al. (1992), and CDFG (1990) for reptiles and amphibians; and CDFG (1990) for mammals.
Special status species are denoted by a !