General Biological Resources Assessment Franklin Canyon RV Resort Hercules, California Prepared for: Madison MRH-1 Franklin, LLC Prepared by: MIG, Inc. 800 Hearst Avenue | Berkeley, California | 94710 February 2021 MIG Project Number 09202 This page is blank intentionally Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L General Biological Resources Assessment Franklin Canyon RV Resort Hercules, California Prepared for: Madison MRH-1 Franklin, LLC C/O Thomas Hix 100 Town Square Road 2nd Floor Copperopolis, California 95228 Prepared by: MIG, Inc. 800 Hearst Avenue, Berkeley California 94710 www.migcom.com Project Manager: Erica Rippe | [email protected] February 2021 Project Number: 09202 MIG i Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L This page is blank intentionally MIG ii Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L Contents Page LIST OF ABBREVIATED TERMS 4 1.0 INTRODUCTION 5 2.0 PROJECT LOCATION AND DESCRIPTION 6 2.1 PROJECT LOCATION 6 2.2 PROJECT DESCRIPTION 6 3.0 REGULATORY SETTING 10 3.1 FEDERAL 10 3.1.1 Federal Endangered Species Act 10 3.1.2 Migratory Bird Treaty Act 10 3.1.3 Bald and Golden Eagle Protection Act 10 3.1.4 Clean Water Act 11 3.2 STATE 12 3.2.2 California Environmental Quality Act 12 3.2.3 California Endangered Species Act 12 3.2.4 Native Plant Protection Act 13 3.2.5 Fully Protected Species and Species of Special Concern 13 3.2.6 California Fish and Game Code Sections 3503 and 3513 13 3.2.7 California Migratory Bird Protection Act 14 3.2.8 California Fish and Game Code Sections 4150-4155 14 3.2.9 Sensitive Vegetation Communities 14 3.2.10 Other Sensitive Plants – California Native Plant Society 14 3.2.10 California Fish and Game Code Sections 1600-1607 15 3.2.11 Porter-Cologne Water Quality Act 15 3.3 LOCAL 15 3.3.1 City of Hercules General Plan Open Space Conservation Plan 15 3.3.2 City of Hercules Measure M (Ordinance Number 401) 16 4.0 METHODS 17 4.1 DATABASE AND LITERATURE REVIEW 17 4.2 FIELD SURVEY 18 MIG i Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L 4.3 PLANT COMMUNITIES AND WILDLIFE HABITATS 18 4.4 SENSITIVE HABITATS AND AQUATIC FEATURES 18 4.5 SPECIAL-STATUS SPECIES HABITAT EVALUATION 18 5.0 ENVIRONMENTAL SETTING 19 5.1 PROJECT SITE DESCRIPTION 19 5.2 NON-SENSITIVE PLANT COMMUNITIES 21 5.3 SENSITIVE HABITATS 21 5.4 AQUATIC FEATURES 21 5.5 WILDLIFE CORRIDORS 22 5.6 SPECIAL-STATUS SPECIES 23 5.6.1 Special-Status Plant Species 23 5.6.2 Special-Status Wildlife Species 25 5.6.3 Nesting Birds 28 5.6.4 Bats 28 6.0 BIOLOGICAL IMPACT ASSESSMENT 29 6.1 SIGNIFICANCE CRITERIA 29 6.2 SENSITIVE SPECIES 29 6.3 SENSITIVE NATURAL VEGETATION COMMUNITIES 30 6.4 JURISDICTIONAL WATERS 30 6.5 WILDLIFE MOVEMENT 31 6.6 CONFLICT WITH LOCAL POLICIES 31 6.7 CONFLICT WITH CONSERVATION PLAN 31 7.0 CONCLUSIONS AND RECOMMENDATIONS 31 7.1 AVOIDANCE AND MINIMIZATION MEASURES 31 7.1.1 Sensitive Habitat 31 7.1.2 Special-Status Species 33 8.0 REFERENCES 38 FIGURES Figure 1: Project Location .......................................................................................................... 8 Figure 2: Project Site and Surrounding Area .............................................................................. 9 Figure 3: Vegetation Communities ............................................................................................20 MIG ii Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L APPENDICES Appendix A: Special-Status Plant and Wildlife Species Evaluated for Potential to Occur on the Project Site Appendix B: Special-Status Species with Potential to Occur in the Project Site Appendix C: List of Observed Wildlife Species from August 11, 2020 Appendix D: Wetland Delineation Appendix E: Circlepoint 2018 and ERS, Inc. Background Reports Appendix F: Representative Photographs MIG iii Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L LIST OF ABBREVIATED TERMS BMP Best Management Practice CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CESA California Endangered Species Act CFGC California Fish and Game Code CFP California Fully Protected Species CFR Code of Federal Regulations CNDDB California Natural Diversity Database CNPS California Native Plant Society CRLF California Red-legged Frog CRPR California Rare Plant Rank CSSC California Species of Special Concern CWA Clean Water Act EBMUD East Bay Municipal Utilities District EBRPD East Bay Regional Parks District EPA United States Environmental Protection Agency FESA Federal Endangered Species Act GBRA General Biological Resources Assessment HCP Habitat Conservation Plan IPaC Information for Planning and Consultation JMLT John Muir Land Trust LSAA Lake and Streambed Alteration Agreement MBPA Migratory Bird Protection Act MBTA Migratory Bird Treaty Act NCCP Natural Community Conservation Plan NOAA Fisheries National Oceanic and Atmospheric Administration’s National Marine Fisheries Service NPDES National Pollution Discharge Elimination System NPPA Native Plant Protection Act RWQCB Regional Water Quality Control Board SWRCB State Water Resources Control Board USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service USGS United States Geological Survey WDR Waste Discharge Requirements WPT western pond turtle MIG 4 Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L 1.0 INTRODUCTION This report presents the results of MIG Inc.’s (MIG) general biological resources assessment (GBRA) for the Franklin Canyon RV Resort Project located within the City of Hercules in Contra Costa County, California (Figure 1). The purpose of this assessment is to identify sensitive biological resources that may occur within the project site and vicinity and identify the potential impacts to these resources resulting from construction and operation of the project. This report provides the following: • A description of the physical characteristics of the project area. • A list of the federal, state, and local regulations that may pertain to project activities. • A description of the methodology used to evaluate biological resources in the project area, including literature review and field work. • A description of the environmental conditions in the project area, including vegetation communities and associated wildlife habitats present. • A discussion of special-status plant and animal species and sensitive communities that are known to occur or that could potentially occur within the project area. • An evaluation of the potential impacts to biological resources that may occur as a result of the project. The evaluation of potential project impacts is consistent with the biological resources thresholds of significance in Appendix G of the California Environmental Quality Act (CEQA) Guidelines. • Recommendations to avoid or minimize the significance of those impacts, as needed, to ensure that the project remains in compliance will all applicable federal, state, and local regulatory requirements and avoids significant unavoidable impacts under CEQA. The report will be used during project planning, environmental review, and in support of applications for resource agency permits, if required. MIG 5 Franklin Canyon RV Resort General Biological Resources Assessment February 2021 F I N A L 2.0 PROJECT LOCATION AND DESCRIPTION 2.1 Project Location The project site is located in northwest Contra Costa County in the eastern part of the City of Hercules at 3100 Franklin Canyon Road (APN 362-020-021-6). The project site is located at the existing Franklin Canyon Golf Course property, adjacent to State Highway 4 (Figure 1). The site has a General Plan and zoning designation of Franklin Canyon Area/Measure M. The property is bordered by State Route 4 (John Muir Parkway) and Burlington Northern Santa Fe Railroad tracks to the north; train tracks, the Fernandez Ranch, a PG&E substation, and private ranchlands to the east; open space to the south including Franklin Canyon, Fernandez Ranch, and East Bay Municipal Utility Department (EBMUD) lands, and private ranchlands to the west. The topography of the site is a mix of gently rolling hills and flat areas, with an area of steeper slopes rising to Franklin Ridge along the southern boundary. Drainage and runoff originate in the higher hills to the south, flowing north and west via creeks, tributaries, and riparian corridors into Rodeo Creek and Refugio Creek, which drain into San Pablo Bay (CCRCD and RDG 2008). Several public access trails adjacent to the project site are managed by East Bay Municipal Utilities District (EBMUD) and John Muir Land Trust (JMLT). The site is an irregularly shaped parcel totaling approximately 161.95 acres. Currently, the western 116.8 acres of the site comprise the 18-hole Franklin Canyon Golf Course. Much of the golf course area is planted with non-native and ornamental plant species. The remaining 45.15 acres consist of rolling hills, with native vegetation on the steeper terrain to the south, east, and west. Rodeo Creek flows along the northern boundary of the project, and eventually drains into San Pablo Bay. Existing onsite facilities include a 7,200-square-foot golf clubhouse with a restaurant and lounge in the center of the site, two surface parking lots to the north of the clubhouse, and associated driveways which provide interior access through the central and southern portions of the site. There is also a 4,000-square-foot maintenance structure for equipment storage. Potable water to the site is provided by the EBMUD for domestic use and irrigation of the golf course. Irrigation water for the golf course is supplemented by an onsite well. Wastewater treatment for the existing development is provided by an onsite septic system. 2.2 Project Description The property consists of one parcel located at 3100 Franklin Canyon Road (APN 362-020-021- 6), totaling approximately 161.95 acres, collectively called the Franklin Canyon RV Resort Project (project).