HomeMy WebLinkAboutBiological Resources Assesment
2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050
www.ELMTConsulting.com
March 7, 2023
T&B PLANNING
Contact: Tracy Zinn
3200 El Camino Real, Suite 100
Irvine, California 92602
SUBJECT: Biological Resources Assessment for the Approximately 6.4 Acre Project Site Located
Within Assessor Parcel Numbers (APNs) 0246-151-50, -51, -52, -56, -71, and -77 in the
City of Fontana, San Bernadino County, California
Introduction
This report contains the findings of ELMT Consulting’s (ELMT) biological resources assessment for the
proposed 6.4-acre project site (project) located in the City of Fontana, San Bernardino County, California.
The assessment was conducted by biologist Rachael A. Lyons on February 7, 2023, to document baseline
conditions and assess the potential for special-status1 plant and wildlife species to occur within the project
site that could pose a constraint to implementation of the proposed project. Special attention was given to
the suitability of the project site to support special-status plant and wildlife species identified by the
California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB),
and other electronic databases as potentially occurring in the general vicinity of the project site.
The site was also evaluated for its potential to support natural drainage features, ponded areas, and/or water
bodies that have the potential to fall under the regulatory authority of the of the United States Army Corps
of Engineers (Corps), Regional Water Quality Control Board (Regional Board), or California Department
of Fish and Wildlife (CDFW) pursuant to Sections 401 and 404 of the Federal Clean Water Act (CWA),
the California Porter-Cologne Water Quality Control Act, and Section 1600 et seq. of the Fish and Game
Code.
Project Location
The project site is generally located north of Interstate 10, east of Interstate 15, south of State Route 66, and
west of Interstate 215 in the City of Fontana, San Bernadino Country, California. The site is depicted on
the Fontana quadrangle of the United States Geological Survey’s (USGS) 7.5-minute map series within
Section 9 of Township 1 South, Range 5 West. The project site consists of six parcels comprising 6.4 acres
of a mix of undeveloped, vacant land and residential development and lies within Assessor Parcel Numbers
0246-151-50, -51, -52, -56, -71, and -77. The site is bounded to the south by Merrill Avenue and residential
development, to the east by Laurel Avenue and residential development, and to the north and west by
undeveloped, vacant land and residential development, with Citron Avenue and Alder Avenue beyond
respectively. Refer to Exhibits 1-3 in Attachment A.
1 As used in this report, “special-status” refers to plant and wildlife species that are federally and State listed, proposed, or candidates; plant species that have been designated with a California Native Plant Society Rare Plant Rank; wildlife species that are designated by the CDFW as fully protected, species of special concern, or watch list species; and specially protected natural vegetation communities as designated by the CDFW.
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Alder and Merrill Project Site Biological Resources Assessment
Project Description
At this time the project involves a general plan amendment and zone change for the project site. No
development is currently proposed. The General Plan Amendment would change the General Plan land use
designation of the project site from ‘Single-Family Residential (R-SF)’ to ‘Multi-Family Medium High
Density Residential (R-MFMH),’ and the zoning of the project site from ‘Single-Family Residential (R-1)’
to ‘Multi-Family Medium/High Density Residential (R-4)’. The increased unit count allowance would
increase from a maximum of 32 residential units to 249 residential units, for a total increase of 217 units
assuming maximum development potential under the existing and proposed designations. No physical
disturbance of the site or related development is currently proposed.
Methodology
A literature review and records search were conducted to determine which special-status biological
resources have the potential to occur on or within the general vicinity of the project site. In addition to the
literature review, a general habitat assessment or field investigation of the project site was conducted to
document existing conditions and assess the potential for special-status biological resources to occur within
the project site.
Literature Review
Prior to conducting the field investigation, a literature review and records search was conducted for special-
status biological resources potentially occurring on or within the vicinity of the project site. Previously
recorded occurrences of special-status plant and wildlife species and their proximity to the project site were
determined through a query of the CDFW’s QuickView Tool in the Biogeographic Information and
Observation System (BIOS), CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic
Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special-
status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species
listings.
All available reports, survey results, and literature detailing the biological resources previously observed
on or within the vicinity of the project site was reviewed to understand existing site conditions and note the
extent of any disturbances that have occurred within the project site that would otherwise limit the
distribution of special-status biological resources. Standard field guides and texts were reviewed for specific
habitat requirements of special-status and non-special-status biological resources, as well as the following
resources:
• Google Earth Pro historic aerial imagery (1985-2023);
• United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS),
Soil Survey2;
• USFWS Critical Habitat designations for Threatened and Endangered Species; and
• USFWS Endangered Species Profiles.
2 A soil series is defined as a group of soils with similar profiles developed from similar parent materials under comparable climatic and vegetation conditions. These profiles include major horizons with similar thickness, arrangement, and other important
characteristics, which may promote favorable conditions for certain biological resources.
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Alder and Merrill Project Site Biological Resources Assessment
The literature review provided a baseline from which to inventory the biological resources potentially
occurring within the project site. The CNDDB database was used, in conjunction with ArcGIS software, to
locate the nearest recorded occurrences of special-status species and determine the distance from the project
site.
Field Investigation
Following the literature review, biologist Rachael A. Lyons inventoried and evaluated the condition of the
habitat within the project on February 7, 2023. Plant communities and land cover types identified on aerial
photographs during the literature review were verified by walking meandering transects throughout the
project site. In addition, aerial photography was reviewed prior to the site investigation to locate potential
natural corridors and linkages that may support the movement of wildlife through the area. These areas
identified on aerial photography were then walked during the field investigation.
Soil Series Assessment
On-site and adjoining soils were researched prior to the field investigation using the USDA NRCS Soil
Survey for San Bernardino County, California. In addition, a review of the local geological conditions and
historical aerial photographs was conducted to assess the ecological changes that the project site has
undergone.
Plant Communities
Plant communities were mapped using 7.5-minute USGS topographic base maps and aerial photography.
The plant communities were classified in accordance with Sawyer, Keeler-Wolf and Evens (2009),
delineated on an aerial photograph, and then digitized into GIS Arcview. The Arcview application was used
to compute the area of each plant community and/or land cover type in acres.
Plants
Common plant species observed during the field investigation were identified by visual characteristics and
morphology in the field and recorded in a field notebook. Unusual and less-familiar plants were
photographed in the field and identified in the laboratory using taxonomic guides. Taxonomic nomenclature
used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are
provided immediately following common names of plant species (first reference only).
Wildlife
Wildlife species detected during the field investigation by sight, calls, tracks, scat, or other sign were
recorded during surveys in a field notebook. Field guides used to assist with identification of wildlife
species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley
2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals
of North America (Reid 2006). Although common names of wildlife species are well standardized,
scientific names are provided immediately following common names in this report (first reference only).
Jurisdictional Drainages and Wetlands
Aerial photography was reviewed prior to conducting a field investigation in order to locate and inspect
March 7, 2023Page 4
Alder and Merrill Project Site Biological Resources Assessment
any potential natural drainage features, ponded areas, or water bodies that may fall under the jurisdiction
of the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional
Board), or CDFW. In general, surface drainage features indicated as blue-line streams on USGS maps that
are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and
are also subject to state and federal regulatory jurisdiction. In addition, ELMT reviewed jurisdictional
waters information through examining historical aerial photographs to gain an understanding of the impact
of land-use on natural drainage patterns in the area. The USFWS National Wetland Inventory (NWI) and
Environmental Protection Agency (EPA) Water Program “My Waters” data layers were also reviewed to
determine whether any hydrologic features and wetland areas have been documented on or within the
vicinity of the project site.
Existing Site Conditions
The project site consists of a mix of vacant, undeveloped land, and residential development. The majority
of the site has been subject to anthropogenic disturbance such as stockpiling, illegal dumping, grading, and
surrounding development. Much of the project site is heavily vegetated with weedy, non-native species,
and appears to be unmaintained. The project site supports residential development within the southwest
corner.
Topography and Soils
On-site elevation ranges from approximately 1,227 to 1,238 feet above mean sea level and generally slopes
from north to south. On-site topography is relatively flat with no areas of topographic relief. Based on the
NRCS USDA Web Soil Survey, the site is entirely underlain by Tujunga gravelly loamy sand (0 to 9 percent
slopes). Refer to Exhibit 4, Soils, in Attachment A. Soils on-site have been mechanically disturbed and
heavily compacted from decades of anthropogenic disturbance (i.e., weed-abatement, grading, and on-site
and surrounding development).
Vegetation
Due to historic and existing land uses, no native plant communities or natural communities of special
concern were observed on or adjacent to the project site. The site supports one (1) natural plant community
that would be classified as non-native grassland. Additionally, the project site supports two (2) land-cover
types that would be classified as disturbed and developed (refer to Exhibit 5, Vegetation, in Attachment A).
The majority of the project site supports undeveloped, vacant land that has been subjected to high levels of
anthropogenic disturbance from historic and ongoing on-site land uses. Residential development occurs in
the southwest corner of the project site and supports minimal established ornamental vegetation such as
Monterey pine (Pinus radiata), citrus, and tree of heaven (Ailanthus altissima). Additionally, the project
site supports a non-native grassland plant community. Species present within this community include
weedy, invasive, ruderal, and early successional species. Plant species observed within the nonnative
grassland include shortpod mustard (Hirschfeldia incana), cheeseweed (Malva parviflora), red-stemmed
filaree (Erodium cicutarum), lemon clover (Oxalis stricta), crabgrass (Digitaria sp.), London rocket
(Sysimbrium irio), fiddleneck (Amsinckia menziesii), goosefoot (Chenopodium sp.), tree tobacco (Nicotiana
glauca), giant reed (Arundo donax), prickly pear (Opuntia sp.), castor (Ricinus communis), slender oat
(Avena barbata), and ripgut brome (Bromus diandrus). Refer to Attachment C, Site Photographs, for
representative site photographs. No native plant communities will be impacted from implementation of the
March 7, 2023Page 5
Alder and Merrill Project Site Biological Resources Assessment
proposed project.
Wildlife
Plant communities provide foraging habitat, nesting/denning sites, and shelter from adverse weather or
predation. This section provides a discussion of those wildlife species that were observed or are expected
to occur within the project site. The discussion is to be used a general reference and is limited by the season,
time of day, and weather conditions in which the field investigation was conducted. Wildlife detections
were based on calls, songs, scat, tracks, burrows, and direct observation. The project site provides limited
habitat for wildlife species except those adapted to a high degree of anthropogenic disturbances and
development.
Fish
No fish or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) with frequent sources of water
that would support populations of fish were observed on or within the vicinity of the project site. Therefore,
no fish are expected to occur and are presumed absent from the project site.
Amphibians
No amphibians or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) with frequent sources
of water that would support populations of amphibians were observed on or within the vicinity of the project
site. Therefore, no amphibians are expected to occur and are presumed absent from the project site.
Reptiles
The project site provides minimal foraging and cover habitat for reptile species adapted to a high degree of
anthropogenic disturbance. No reptile species were observed during the field investigation. Common
reptilian species adapted to a high degree of human disturbance that could potentially occur on-site include
great basin fence lizard (Sceloporus occidentalis longipes), western side-blotched lizard (Uta stansburiana
elegans), and San Diego alligator lizard (Elgaria multicarinata webbii).
Birds
The project site and surrounding urban environment provide suitable foraging and nesting habitat for avian
species adapted to a high degree of anthropogenic disturbance. Avian species observed during the field
investigation include house finch (Haemorhous mexicanus), mourning dove (Zenaida macroura), house
sparrow (Passer domesticus), common raven (Corvus corax), black phoebe (Sayornis nigricans), Ana’s
hummingbird (Calypte anna), Say’s phoebe (Sayornis saya), and western gull (Larus occidentalis).
Mammals
The southern boundary of the project site and adjacent areas provides limited foraging and cover habitat
for a mammalian species adapted to a high degree of anthropogenic disturbance. No mammalian species
were observed during the field investigation. Common mammalian species adapted to a high degree of
human disturbance that could potentially occur on-site include opossum (Didelphis virginiana), California
ground squirrel (Otospermophilus beecheyi), coyote (Canis latrans), racoon (Procyon lotor), domestic cat
(Felis catus), and brown rat (Rattus norvegicus).
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Alder and Merrill Project Site Biological Resources Assessment
Nesting Birds
No active nests or birds displaying nesting behavior were observed during the field survey, which was
conducted during the onsite of the breeding season. Although subjected to routine disturbance, vegetation
along the northern boundary and ornamental vegetation in the southwest portion of the project site, has the
potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating
songbirds that could occur in the area that area adapted to urban environments. The site also provides
opportunities for ground nesting species such as killdeer (Charadrius vociferus), and western meadowlark
(Sturnella neglecta). Additionally, utility poles and tall trees surrounding the project site provide nesting
opportunities for raptor species and the site itself provides foraging opportunities.
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and
Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds,
their nests or eggs). If construction occurs between February 1st and August 31st, a pre-construction
clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation
removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction.
Migratory Corridors and Linkages
Habitat linkages provide connections between larger habitat areas that are separated by development.
Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or
migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow
animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential
for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for
one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal,
seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can
provide a buffer against both human disturbance and natural fluctuations in resources.
According to the San Bernardino County General Plan, the project site has not been identified as occurring
within a Wildlife Corridor or Linkage. As designated by the San Bernardino County General Plan Open
Space Element, the nearest major corridor or linkage documented in the vicinity of the project site is Cajon
Creek, located approximately 4.66 miles to the northeast. In addition, Santa Ana River occurs
approximately 4.80 miles to the southeast, and Jurupa Park occurs approximately 3.97 miles to the south in
association with Riverside County MSHCP-conserved lands. None of these areas are expected to be
impacted by project activities.
The proposed project will be confined to existing areas that have been heavily disturbed and are isolated
from regional wildlife corridors and linkages. In addition, there are no riparian corridors, creeks, or useful
patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife
corridor or linkage. As such, implementation of the proposed project is not expected to impact wildlife
movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur.
Jurisdictional Areas
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in
California. The Corps Regulatory Branch regulates discharge of dredge or fill materials into “waters of the
United States” pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and
March 7, 2023Page 7
Alder and Merrill Project Site Biological Resources Assessment
Harbors Act. Of the State agencies, the CDFW regulates alterations to streambed and bank under Fish and
Wildlife Code Sections 1600 et seq., and the Regional Board regulates discharges into surface waters
pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.
No discernible drainage courses, inundated areas, or wetland features/obligate plant species that would be
considered jurisdictional by the United States Army Corps of Engineers (Corps), Regional Water Quality
Control Board (Regional Board), or CDFW were observed within the proposed project site. Based on the
proposed site plan, project activities will not result in impacts to Corps, Regional Board, or CDFW
jurisdictional areas and regulatory approvals will not be required.
Special-Status Biological Resources
The CNDDB Rarefind 5 and the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of
California were queried for reported locations of special-status plant and wildlife species as well as special-
status natural plant communities in the Fontana USGS 7.5-minute quadrangle. The habitat assessment
evaluated the conditions of the habitat(s) within the boundaries of the project site to determine if the existing
plant communities, at the time of the survey, have the potential to provide suitable habitat(s) for special-
status plant and wildlife species.
The literature search identified fourteen (14) special-status plant species, forty-nine (49) special-status
wildlife species, and one (1) special-status plant community as having potential to occur within the Fontana
USGS 7.5-minute quadrangle. Special-status plant and wildlife species were evaluated for their potential to
occur within the project site based on habitat requirements, availability and quality of suitable habitat, and
known distributions. Species determined to have the potential to occur within the general vicinity of the
project site is presented in Attachment C: Potentially Occurring Special-Status Biological Resources.
Special-Status Plants
According to the CNDDB and CNPS, fourteen (14) special-status plant species have been recorded in the
Fontana quadrangle (refer to Attachment C). No special-status plant species were observed on-site during
the habitat assessment. The project site has been subject to anthropogenic disturbances from on-site and
surrounding development. These disturbances have eliminated the suitability of the habitat to support
special-status plant species known to occur in the general vicinity of the project site. Based on habitat
requirements for specific special-status plant species and the availability and quality of habitats needed by
each species, it was determined that the project site does not provide suitable habitat for any of the special-
status plant species known to occur in the area and are presumed to be absent from the project site. No
focused surveys are recommended.
Special-Status Wildlife
According to the CNDDB, forty-nine (49) special-status wildlife species have been reported in the Fontana
quadrangle (refer to Attachment C). No special-status wildlife species were observed during the field
investigation. The project site largely supports undeveloped land that has been subject to a variety of
anthropogenic disturbances and is surrounded by existing industrial development. These disturbances have
eliminated the natural plant communities that once occurred on-site which has reduced potential foraging
and nesting/denning opportunities for wildlife species.
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Alder and Merrill Project Site Biological Resources Assessment
Based on habitat requirements for specific species and the availability and quality of onsite habitats, it was
determined that the proposed project site has a low potential to provide foraging habitat for Cooper’s hawk
(Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), and California horned lark (Eremophila
alpestris actia). It was further determined that the project site does not provide suitable habitat for any of
the other special-status wildlife species known to occur in the area since the project site have been heavily
disturbed from onsite disturbances and surrounding development.
None of the aforementioned special-status wildlife species are federally or state listed as endangered or
threatened. Sharp-shinned hawk are not expected to nest on-site since the project is outside the geographic
nesting range for sharp-shinned hawk. Marginal nesting opportunities for Cooper’s hawk and Califonria
horned lark, including utility poles and tall trees, exist adjacent to the project site. In order to ensure impacts
to the aforementioned species do not occur from implementation of the proposed project, a pre-construction
nesting bird clearance survey shall be conducted prior to ground disturbance. With implementation of the
pre-construction nesting bird clearance survey, impacts to special status wildlife species will be less than
significant and no mitigation will be required.
Special-Status Plant Communities
According to the CNDDB, one (1) special-status plant community has been reported in the Fontana USGS
7.5-minute quadrangle: Riversidean Alluvial Fan Sage Scrub. Based on the results of the field investigation,
none of these plant communities occur within or adjacent to the project site. Therefore, no special-status
plant communities will be impacted from project implementation.
Critical Habitat
Under the federal Endangered Species Act, “Critical Habitat” is designated at the time of listing of a species
or within one year of listing. Critical Habitat refers to specific areas within the geographical range of a
species at the time it is listed that include the physical or biological features that are essential to the survival
and eventual recovery of that species. Maintenance of these physical and biological features requires special
management considerations or protection, regardless of whether individuals or the species are present or
not. All federal agencies are required to consult with the USFWS regarding activities they authorize, fund,
or permit which may affect a federally listed species or its designated Critical Habitat. The purpose of the
consultation is to ensure that projects will not jeopardize the continued existence of the listed species or
adversely modify or destroy its designated Critical Habitat. The designation of Critical Habitat does not
affect private landowners, unless a project they are proposing is on federal lands, uses federal funds, or
requires federal authorization or permits (e.g., funding from the Federal Highways Administration or a
Clean Water Act Permit from the United States Army Corps of Engineers). If there is a federal nexus, then
the federal agency that is responsible for providing the funding or permit would consult with the USFWS.
The project site is not located with federally designated Critical Habitat. The nearest designated Critical
Habitats are located approximately 3.03 miles to the south for coastal California gnatcatcher (Polioptila
californica californica), and 4.22 miles to the northeast for San Bernardino Merriam’s kangaroo rat
(Dipodomys merriami parvus). Refer to Exhibit 6, Critical Habitat, in Attachment A. Therefore, the loss
or adverse modification of Critical Habitat from site development will not occur and consultation with the
USFWS for impacts to Critical Habitat will not be required for implementation of the proposed project.
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Alder and Merrill Project Site Biological Resources Assessment
Conclusion
Based on the literature review and field survey, and existing site conditions discussed in this report,
implementation of the project will have no significant impacts on federally or State listed species known to
occur in the general vicinity of the project site. Additionally, the project will have no effect on designated
Critical Habitat or regional wildlife corridors/linkage because none exists within the area. No jurisdictional
drainage and/or wetland features were observed on the project site during the field investigation. No further
surveys are recommended. With completion of the recommendations provided below, no impacts to year-
round, seasonal, or special-status avian residents or special-status species will occur from implementation
of the proposed project.
Recommendations
Migratory Bird Treaty Act and Fish and Game Code
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and
Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds,
their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey should be
conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during
the nesting season.
If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting
birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing
activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the
clearance survey should document a negative survey with a brief letter report indicating that no impacts to
active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance
survey, construction activities should stay outside of a no-disturbance buffer. The size of the no-disturbance
buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding
anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration
of construction activity, ambient noise, species habituation, and topographical barriers. These factors will
be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an
active nest will be established in the field with flagging, fencing, or other appropriate barriers; and
construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be
present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting
behavior is not adversely affected by the construction activity. Once the young have fledged and left the
nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the
buffer area can occur.
Please do not hesitate to contact Tom McGill at (951) 285-6014 or tmcgill@elmtconsulting.com or Travis
McGill at (909) 816-1646 or travismcgill@elmtconsulting.com should you have any questions this report.
Sincerely,
Thomas J. McGill, Ph.D. Travis J. McGill
Managing Director Director
March 7, 2023Page 10
Alder and Merrill Project Site Biological Resources Assessment
Attachments:
A. Project Exhibits
B. Site Photographs
C. Potentially Occurring Special-Status Biological Resources
D. Regulations
Attachment A
Project Exhibits
^_
SAN BERNARDINO
RIVERSIDE
LOS ANGELES
SAN DIEGO
KERN
ORANGE
Catalina Island
Regional Vicinity
ALDER AND MERRILL PROJECT SITEBIOLOGICAL RESOURCES ASSESSMENT
Exhibit 1
O
Source: World Street Map, San Bernardino County
0 5 102.5
Miles
PROJECTLOCATION
^_
PROJECTLOCATION
Site Vicinity
ALDER AND MERRILL PROJECT SITEBIOLOGICAL RESOURCES ASSESSMENT
Exhibit 2
O
Source: USA Topographic Map, San Bernardino County
0 2,000 4,0001,000
Feet
Legend
Project Site
Project Site
ALDER AND MERRILL PROJECT SITE
BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 3
O
Source: ESRI Aerial Imagery, San Bernardino County
0 125 25062.5
Feet
TvC
Soils
ALDER AND MERRILL PROJECT SITE
BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 4
O
Source: ESRI Aerial Imagery, Soil Survey Geographic Database, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
Tujunga gravelly loamy sand, 0 to 9% slopes (TvC)
Vegetation
ALDER AND MERRILL PROJECT SITE
BIOLOGICAL RESOURCES ASSESSMENT
Exhibit 5
O
Source: ESRI Aerial Imagery, San Bernardino County
0 125 25062.5
Feet
Legend
Project Site
Non-Native Grassland
Disturbed
Developed
Critical Habitat
ALDER AND MERRILL PROJECT SITEBIOLOGICAL RESOURCES ASSESSMENT
Exhibit 6
O
Source: ESRI Aerial Imagery, USFWS Critical Habitat, San Bernardino County
0 1 20.5
Miles
Legend
Project Site
Coastal California gnatcatcher
Santa Ana sucker
Southwestern willow flycatcher
San Bernardino Merriam's kangaroo rat
Attachment B
Site Photographs
Attachment B – Site Photographs
Photograph 1: From the corner of Laurel Avenue and Merrill Avenue at the southeast corner of the
project site, looking diagonally northwest through the middle of the site.
Photograph 2: From the northeast corner of the project site, looking south along the eastern boundary.
Attachment B – Site Photographs
Photograph 3: From the northeast corner of the project site, looking diagonally southwest through the
middle of the site.
Photograph 4: From the upper northwest corner of the northernmost boundary of the project site, looking
diagonally southeast through the middle of the site.
Attachment B – Site Photographs
Photograph 5: From the upper northwest corner of the northernmost boundary of the project site, looking
south through the middle of the site.
Photograph 6: From the upper northwest corner of the northernmost boundary of the project site, looking
east along the northern boundary.
Attachment B – Site Photographs
Photograph 7: From the northwest corner of the project site, looking south along the westernmost
boundary.
Photograph 8: From the middle of the westernmost boundary of the project site, looking east through
existing refuse piles adjacent to residential development onsite.
Attachment B – Site Photographs
Photograph 9: From the middle of the westernmost boundary of the project site, looking north.
Photograph 10: From the southwest portion of the project site, looking northwest through existing
residential development.
Attachment B – Site Photographs
Photograph 11: From the southern boundary of the project site, looking north through a driveway leading
to residential development in the southwest portion of the site.
Photograph 12: From the southern boundary of the project site, looking north along the main access route
to the middle of the site.
Attachment C
Potentially Occurring Special-Status Biological Resources
Attachment C – Potentially Occurring Special-Status Biological Resources
Table C-1: Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
SPECIAL-STATUS WILDLIFE SPECIES
Accipiter cooperii Cooper’s hawk Fed: CA: None WL
Generally found in forested areas up to 3,000 feet in elevation, especially near edges and rivers. Prefers hardwood stands and mature forests but can be found in urban and suburban areas where there are tall trees for nesting. Common in open areas during nesting season.
No
Low Limited foraging habitat is present within and surrounding the project site. Suitable nesting opportunities present adjacent to the project site.
Accipiter striatus sharp-shinned hawk Fed:
CA:
None
WL
Primarily occurs in coniferous forests but is also found in boreal mixed conifer-birch-aspen forests. Less common in other woodland types, except in mountainous areas. Open areas are used for foraging, but not for nesting.
No
Low Limited foraging habitat is present within and surrounding the project site. This species does not nest in the region.
Agelaius tricolor tricolored blackbird Fed: CA: None SSC/CE
Highly colonial yearlong resident of California that frequents emergent wetlands, croplands, grassy fields, flooded land and along edges of ponds. Usually nests near fresh water, preferably in emergent wetland with tall, dense cattails (Typha sp.) or tules (Schoenoplectus sp.), but also in thickets of willow (Salix sp.), blackberry (Rubus sp.), and tall herbs.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Aimophila ruficeps canescens southern California rufous-crowned sparrow
Fed: CA: None WL
Typically found between 3,000 and 6,000 feet in elevation. Breed in sparsely vegetated shrublands on hillsides and canyons. Prefers coastal sage scrub dominated by California sagebrush (Artemisia californica) but can also be found breeding in coastal bluff scrub, low-growing serpentine chaparral, and along the edges of tall chaparral habitats.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Anniella stebbinsi
southern California legless lizard
Fed:
CA:
None
SSC
Mostly found in coastal sand dunes and a variety of interior habitats, including sandy washes and alluvial fans. They live mostly underground, burrowing in the loose sandy soils. No
Presumed Absent There is no suitable habitat
present within or adjacent to the project site.
Aquila chrysaetos golden eagle Fed: CA: None FP/WL
Occupies nearly all terrestrial habitats of the western states except densely forested areas. Favors secluded cliffs with overhanging ledges and large trees for nesting and cover. Hilly or mountainous country where takeoff and soaring are supported by updrafts is generally preferred to flat habitats. Deeply cut canyons rising to open mountain slopes and crags are ideal habitat.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Ardea herodias great blue heron Fed: CA: None None
Fairly common all year throughout most of California, in shallow estuaries and fresh and saline emergent wetlands. Less common along riverine and rocky marine shores, in croplands, pastures, and in mountains about foothills.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Arizona elegans occidentalis California glossy snake Fed: CA: None SSC
Inhabits arid scrub, rocky washes, grassland, and chaparral. Appears in microhabitats of open areas and areas with soil loose enough for easy burrowing. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Artemisiospiza belli belli Bell's sage sparrow Fed: CA: None WL Occurs in chaparral dominated by fairly dense stands of chamise. Also found in coastal sage scrub in south of range. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Aspidoscelis hyperythra orangethroat whiptail Fed: CA: None WL
Inhabits low-elevations coastal scrub, chamise-redshank chaparral, mixed chaparral, and valley-foothill hardwood habitats. Semi-arid brushy areas typically with loose soil and rocks, including washes, streamsides, rocky hillsides, and coastal chaparral.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Aspidoscelis tigris stejnegeri coastal whiptail Fed: CA: None SSC
Found in a variety of ecosystems, primarily hot and dry open areas with sparse foliage - chaparral, woodland, and riparian areas. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Athene cunicularia burrowing owl Fed: CA: None SSC
Primarily a grassland species, but it persists and even thrives in some landscapes highly altered by human activity. Occurs in open, annual or perennial grasslands, deserts, and scrublands characterized by low-growing vegetation. The overriding characteristics of suitable habitat appear to be burrows for roosting and nesting and relatively short vegetation with only sparse shrubs and taller vegetation.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Bombus crotchii Crotch’s bumble bee Fed: CA: None None
Exclusive to coastal California east towards the Sierra-Cascade Crest; less common in western Nevada. Characterized as a dietary generalist, it shows favor towards milkweeds and is also commonly associated with dustymaidens, lupines, medics, phacelias, sages, and buckwheats.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Botaurus letiginosus American bittern Fed: CA: None None
Found in marshes and reedy lakes. Breeds in freshwater marshes, large, shallow wetlands with tall marsh vegetation, and areas of open shallow water. Winters in similar areas and brackish coastal marshes. Occasionally forages in dry, grassy fields.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Buteo swainsoni Swainson's hawk Fed: CA: None THR
Typical habitat is open desert, grassland, or cropland containing scattered, large trees or small groves. Breeds in stands with few trees in juniper-sage flats, riparian areas, and in oak savannah in the Central Valley. Forages in adjacent grassland or suitable grain or alfalfa fields or livestock pastures.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Calypte costae Costa's hummingbird Fed: CA: None None
Desert and semi-desert, arid brushy foothills and chaparral. A desert hummingbird that breeds in the Sonoran and Mojave Deserts. Departs desert heat moving into chaparral, scrub, and woodland habitats.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Catostomus santaanae Santa Ana sucker Fed: CA: THR None
Occur in the watersheds draining the San Gabriel and San Bernardino Mountains of southern California. Steams that Santa Ana Sucker inhabit are generally perennial streams with water ranging in depth from a few inches to several feet and with currents ranging from slight to swift.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Chaetodipus fallax fallax northwestern San Diego pocket mouse Fed: CA: None SSC
Occurs in desert and coastal habitats in southern California, Mexico, and northern Baja California, from sea level to at least 1,400 meters above msl. Found in a variety of temperate habitats ranging from chaparral and grasslands to scrub forests and deserts. Requires low growing vegetation or rocky outcroppings, as well as sandy soils for burrowing.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Cicindela tranquebarica viridissima greenest tiger beetle Fed: CA: None None
Often occur at ground level and prefer areas of bare ground with very little vegetation. Most commonly seen in warm and sandy habitats in heaths, hillsides, and dunes. Seen regularly at Brownfield sites.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Circus hudsonius northern harrier Fed: CA: None SSC
Breeds in wide-open habitats ranging from Arctic tundra to prairie grasslands, fields, and marshes. Nests are concealed on the ground in grasses or wetland vegetation. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Coleonyx variegatus abbotti San Diego banded gecko
Fed: CA: None SSC
Prefers rocky coastal sage and chaparral habitat with granite outcrops. Also occurs in dry, rocky riverbeds. Species avoids areas with a high intensity of artificial night lighting. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Contopus cooperi olive-sided flycatcher Fed: CA: None SSC
Uncommon to common, summer resident in a wide variety of forest and woodland habitats below 9,000 ft throughout California exclusive of the deserts, the Central Valley, and other lowland valleys and basins. Preferred nesting habitats include mixed conifer, montane hardwood-conifer, Douglas-fir, redwood, red fir, and lodgepole pine.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Crotalus ruber red-diamond rattlesnake Fed: CA: None SSC
It can be found from the desert, through dense chaparral in the foothills (it avoids the mountains above around 4,000 feet), to warm inland mesas and valleys, all the way to the cool ocean shore. It is most commonly associated with heavy brush with large rocks or boulders. Dense chaparral in the foothills, cactus or boulder associated coastal sage scrub, oak and pine woodlands, and desert slope scrub associations are known to carry populations of the northern red-diamond rattlesnake; however, chamise and red shank associations may offer better structural habitat for refuges and food resources for this species than other habitats.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Diadophis punctatus modestus San Bernardino ringneck snake Fed: CA: None None Common in open, relatively rocky areas within valley-foothill, mixed chaparral, and annual grass habitats. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Dipodomys merriami parvus San Bernardino kangaroo rat Fed: CA: END CE/SSC
Primarily found in Riversidian alluvial fan sage scrub and sandy loam soils, alluvial fans and flood plains, and along washes with nearby sage scrub. May occur at lower densities in Riversidian upland sage scrub, chaparral and grassland in uplands and tributaries in proximity to Riversidian alluvial fan sage scrub habitats. Tend to avoid rocky substrates and prefer sandy loam substrates for digging of shallow burrows.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Dipodomys simulans Dulzura kangaroo rat Fed: CA: None None
Relatively common in chaparral, coastal sage scrub, Riversidean alluvial fan sage scrub, and peninsular juniper woodland habitats. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Elanus leucurus white-tailed kite Fed: CA: None None
Common in savannas, open woodlands, marshes, desert grasslands, partially cleared lands, and cultivated fields. Tend to avoid heavily cleared or grazed areas. Breeds in lowland grasslands, agricultural wetlands, oak-woodland and savannah habitats.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Empidonax traillii willow flycatcher Fed: CA: None END
Occurs in riparian woodlands in southern California. Typically requires large areas of willow thickets in broad valleys, canyon bottoms, or around ponds and lakes. These areas typically have standing or running water or are at least moist.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Eremophila alpestris actia
California horned lark
Fed:
CA:
None
WL
Inhabits open ground, generally avoiding areas with trees or even bushes. May occur in a wide variety of areas that are sufficiently open such as short-grass prairies, extensive lawns such as on airports or golf courses, plowed fields, stubble fields, beaches lake flats, dry tundra of far north or high mountains.
No
Low Limited foraging habitat is present within and surrounding the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Eumops perotis californicus western mastiff bat Fed: CA: None SSC
Primarily a cliff-dwelling species, roost generally under exfoliating rock slabs. Roosts are generally high above the ground, usually allowing a clear vertical drop of at least three meters below the entrance for flight. In California, it is most frequently encountered in broad open areas. Its foraging habitat includes dry desert washes, flood plains, chaparral, oak woodland, open ponderosa pine forest, grassland, and agricultural areas.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Falco columbarius merlin Fed: CA: None WL
Nest in forested openings, edges, and along rivers across northern North America. Found in open forests, grasslands, and especially coastal areas with flocks of small songbirds or shorebirds.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Gila orcuttii arroyo chub Fed: CA: None SSC
Warm streams of the Los Angeles Plain, which are typically muddy torrents during the winter, and clear quiet brooks in the summer, possibly drying up in places. They are found both in slow-moving and fast-moving sections, but generally deeper than 40 cm.
No
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
Icteria virens yellow-breasted chat Fed: CA: None SSC
Primarily found in tall, dense, relatively wide riparian woodlands and thickets of willows, vine tangles, and dense brush with well-developed understories. Nesting areas are associated with streams, swampy ground, and the borders of small ponds. Breeding habitat must be dense to provide shade and concealment. It winters south the Central America.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Lanius ludovicianus loggerhead shrike Fed: CA: None SSC
Often found in broken woodlands, shrublands, and other habitats. Prefers open country with scattered perches for hunting and fairly dense brush for nesting. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Lasiurus xanthinus western yellow bat Fed: CA: None SSC Roosts in palm trees in foothill riparian, desert wash, and palm oasis habitats with access to water for foraging. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Lepus californicus bennettii San Diego black-tailed jackrabbit Fed: CA: None None
Found in diverse habitats, but primarily is found in arid regions supporting shortgrass habitats. Openness of open scrub habitat is preferred over dense chaparral. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Neolarra alba white cuckoo bee Fed: CA: None None
Typically found where other bee species are common. Known as “cleptoparasites,” cuckoo bees lay their eggs in cells provisioned by host bees. Live in urban areas, forests, and woodlands.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Nyctinomops femorosaccus pocketed free-tailed bat Fed: CA: None SSC
Often found in pinyon-juniper woodlands, desert scrub, desert succulent shrub, desert riparian, desert wash, alkali desert scrub, Joshua tree, and palm oasis. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Oncorhynchus mykiss irideus pop. 10 steelhead – southern California DPS Fed: CA: END CE Found in permanent coastal streams from San Diego to the Smith River. No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Pandion haliaetus osprey Fed: CA: None WL
Found near both fresh and saltwater habitats. Prefers rivers, lakes, and coastlines where large numbers of fish are present. May be most common around major coastal estuaries and salt marshes, but also regular around reservoirs.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Phrynosoma blainvillii coast horned lizard Fed: CA: None SSC
Found in a wide variety of vegetation types including coastal sage scrub, annual grassland, chaparral, oak woodland, riparian woodland and coniferous forest. In inland areas, this species is restricted to areas with pockets of open microhabitat, created by disturbance (i.e. fire, floods, roads, grazing, fire breaks). The key elements of such habitats are loose, fine soils with a high sand fraction; an abundance of native ants or other insects; and open areas with limited overstory for basking and low, but relatively dense shrubs for refuge.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Polioptila californica californica coastal California gnatcatcher Fed: CA: THR SSC
Obligate resident of sage scrub habitats that are dominated by California sagebrush. This species generally occurs below 750 feet elevation in coastal regions and below 1,500 feet inland. It prefers habitat with more low-growing vegetation.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Pyrocephalus rubinus vermilion flycatcher Fed: CA: None SSC
Occupies desert riparian habitat, particularly cottonwoods, willows, mesquite, and other large desert riparian trees, in habitat adjacent to irrigated fields, irrigation ditches, pastures, and other open, mesic areas where it can forage.
No
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
Rhaphiomidas terminatus abdominalis Delhi Sands flower-loving fly
Fed: CA: END None
DSF habitat is limited to areas that include Delhi fine sand, an aeolian (wind-deposited) soil type. The highest density of DSF have been found in habitat that includes a variety of plants including California buckwheat, California croton, deerweed, and telegraph weed.
No
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
Setophaga petechia yellow warbler Fed: CA: None SSC
Nests over all of California except the Central Valley, the Mojave Desert region, and high altitudes and the eastern side of the Sierra Nevada. Winters along the Colorado River and in parts of Imperial and Riverside Counties. Nests in riparian areas dominated by willows, cottonwoods, sycamores, or alders or in mature chaparral. May also use oaks, conifers, and urban areas near stream courses.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Spea hammondii western spadefoot Fed: CA: None SSC
Prefers open areas with sandy or gravelly soils, in a variety of habitats including mixed woodlands, grasslands, coastal sage scrub, chaparral, sandy washed, lowlands, river floodplains, alluvial fans, playas, alkali flats, foothills, and mountains. Rainpools which do not contain bullfrogs, fish, or crayfish are necessary for breeding.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Spinus lawrencei Lawrence's goldfinch Fed: CA: None None
Typical habitats include valley foothill hardwood, valley foothill hardwood-conifer, and, in southern California, desert riparian, palm oasis, pinyon-juniper, and lower montane habitats. Nearby herbaceous habitats often used for feeding. Open woodlands, chaparral, and weedy fields. Closely associated with oaks. Nests in open oak or other arid woodland and chaparral near water.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Taxidea taxus American badger Fed: CA: None SSC
Primarily occupy grasslands, parklands, farms, tallgrass and shortgrass prairies, meadows, shrub-steppe communities and other treeless areas with sandy loam soils where it can dig more easily for its prey. Occasionally found in open chaparral (with less than 50% plant cover) and riparian zones.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
Vireo bellii pusillus least Bell's vireo Fed: CA: END END
Primarily occupy Riverine riparian habitat that typically feature dense cover within 1 -2 meters of the ground and a dense, stratified canopy. Typically it is associated with southern willow scrub, cottonwood-willow forest, mule fat scrub, sycamore alluvial woodlands, coast live oak riparian forest, arroyo willow riparian forest, or mesquite in desert localities. It uses habitat which is limited to the immediate vicinity of water courses, 2,000 feet elevation in the interior.
No
Presumed Absent There is no suitable habitat present within or adjacent to the project site.
SPECIAL-STATUS PLANT SPECIES
Arenaria paludicola marsh sandwort
Fed: CA: CNPS:
END END 1B.1
Grows mainly in wetlands and freshwater marshes in arid climates. The plant can grow in saturated acidic bog soils and soils that are sandy with a high organic content. Found at elevations ranging from 33 to 558 feet. Blooming period is from May to August.
No
Presumed Absent
There is no suitable habitat present within the project site. The project site occurs outside of the known elevation range for this species.
Calochortus plummerae Plummer’s mariposa-lily
Fed: CA: CNPS:
None None 4.2
Found along the coast and inland hills in chaparral, coastal sage scrub, yellow pine forest, foothill woodland, and valley grassland plant communities. Prefers dry, rocky soils. Grows at elevations of up to 5,580 feet. Blooms from May to July.
No
Presumed Absent
There is no suitable habitat present within or adjacent to the project site.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Chloropyron maritimum ssp. maritimum salt marsh bird's-beak
Fed: CA: CNPS:
END END 1B.2
Upper terraces and higher edges of coastal salt marshes where tidal inundation is periodic. Found at elevations ranging from 0 to 99 feet. Blooming period is from May to October. No
Presumed Absent
There is no suitable habitat present within the project site. The project site occurs outside of the known elevation range for this species.
Chorizanthe parryi var. parryi Parry's spineflower
Fed: CA: CNPS:
None None 1B.1
Occurs on sandy and/or rocky soils in chaparral, coastal sage scrub, and sandy openings within alluvial washes and margins. Found at elevations ranging from 951 to 3,773 feet. Blooming period is from April to June.
No Presumed Absent
There is no suitable habitat present within the project site.
Deinandra paniculata paniculate tarplant
Fed: CA: CNPS:
None None 4.2
Grows in central and southern California in dry foothills and mesas. Found at elevations ranging from sea level to 1,000 feet within coastal scrub, valley and foothill grassland, and vernal pool communities. Blooms from March to November.
No Presumed Absent
There is no suitable habitat present within the project site.
Eriastrum densifolium ssp.
sanctorum Santa Ana River woollystar
Fed: CA: CNPS:
END END 1B.1
Grows in sandy or gravelly soils within chaparral and coastal scrub habitat. Found at elevations ranging from 299 to 2,001 feet. Blooming period is from April to September. No Presumed Absent
There is no suitable habitat present within the project site.
Horkelia cuneata var. puberula mesa horkelia
Fed: CA: CNPS:
None None 1B.1
Occurs on sandy or gravelly soils in chaparral, woodlands, and coastal scrub plant communities. Found at elevations ranging from 230 to 2,657 feet. Blooming period is from February to September.
No
Presumed Absent
There is no suitable habitat present within the project site.
Juglans californica southern California black walnut
Fed: CA: CNPS:
None None 4.2
Found in chaparral, cismontane woodland, coastal scrub, and riparian woodland habitats. Found at elevations ranging from 164 to 2,953 feet. Blooming period is from March to August. No
Presumed Absent
There is no suitable habitat present within the project site.
Lepidium virginicum var. robinsonii Robinson's pepper-grass
Fed: CA: CNPS:
None None 4.3
Dry soils on chaparral and coastal sage scrub. Found at elevations ranging from 3 to 2,904 feet. Blooming period is from January to July. No Presumed Absent
There is no suitable habitat present within the project site.
Lycium parishii Parish's desert-thorn
Fed: CA: CNPS:
None None 2B.3
Habitats include coastal scrub and Sonoran Desert scrub. Found at elevations ranging from 443 to 3,281 feet. Blooming period is from March to April. No Presumed Absent
There is no suitable habitat present within the project site.
Malacothamnus parishii Parish's bush-mallow
Fed: CA: CNPS:
None None 1A
Grows in chaparral and coastal scrub habitats. Found at elevations ranging from 1,001 to 1,493 feet. Blooming period is from June to July. No
Presumed Absent
There is no suitable habitat present within the project site. The project site occurs outside of the known elevation range for this species.
Attachment C – Potentially Occurring Special-Status Biological Resources
Scientific Name Common Name Status Habitat Observed On-site Potential to Occur
Monardella pringlei Pringle's monardella
Fed: CA: CNPS:
None None 1A
Prefers sandy soils within coastal scrub habitat. Found at elevations ranging from 984 to 1,312 feet. Blooming period is from May to June. No
Presumed Absent
There is no suitable habitat present within the project site. The project site occurs outside of the known elevation range for this species.
Senecio aphanactis chaparral ragwort
Fed: CA: CNPS:
None None 2B.2
Found in sometimes alkaline soils in chaparral, cismontane woodland, and coastal scrub. Found at elevations ranging from 425 to 2,165 feet. Blooming period is from January to April. No
Presumed Absent
There is no suitable habitat present within the project site.
Sphenopholis obtusata prairie wedge grass
Fed: CA: CNPS:
None None 2B.2
Prefers cismontane woodland, meadows, and seeps. Found at elevations ranging from 984 to 6,562 feet. Blooming period is from April to July. No Presumed Absent
There is no suitable habitat present within the project site.
Symphyotrichum defoliatum San Bernardino aster
Fed: CA: CNPS:
None None 1B.2
Grows in cismontane woodland, coastal scrub, lower montane coniferous forest, meadows and seeps, marshes and swamps, valley and foothill grassland (vernally mesic). Can be found growing near ditches, streams, and springs within these habitats. Found at elevations ranging from 7 to 6,693 feet. Blooming period is from July to November.
No Presumed Absent
There is no suitable habitat present within the project site.
SPECIAL-STATUS PLANT COMMUNITIES
Riversidian Alluvial Fan Sage Scrub CDFW Sensitive Habitat
Occur within broad washes of sandy alluvial drainages that carry rainfall runoff sporadically in winter and spring but remain relatively dry through the remainder of the year. Is restricted to drainages and floodplains with very sandy substrates that have a dearth of decomposed plant material. These areas do not develop into riparian woodland or scrub due to the limited water resources and scouring by occasional floods.
No Absent
U.S. Fish and Wildlife Service (USFWS) - Federal END- Federal Endangered THR- Federal Threatened Candidate END – Under Review
California Department of Fish and Wildlife (CDFW) - California END- California Endangered CSC- California Species of Concern WL- Watch List FP- California Fully Protected
California Native Plant Society (CNPS) California Rare Plant Rank 1A- Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere 1B- Plants Rare, Threatened, or Endangered in California and Elsewhere 2B- Plants Rare, Threatened, or Endangered in California, but More Common Elsewhere 4- Plants of Limited Distribution – A Watch List
Threat Ranks 0.1- Seriously threatened in California 0.2- Moderately threatened in California 0.3- Not very threatened in California
Attachment D
Regulations
Attachment D – Regulations
Special status species are native species that have been afforded special legal or management protection
because of concern for their continued existence. There are several categories of protection at both federal
and state levels, depending on the magnitude of threat to continued existence and existing knowledge of
population levels.
Federal Regulations
Endangered Species Act of 1973
Federally listed threatened and endangered species and their habitats are protected under provisions of the
Federal Endangered Species Act (ESA). Section 9 of the ESA prohibits “take” of threatened or endangered
species. “Take” under the ESA is defined as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any of the specifically enumerated conduct.” The presence of any
federally threatened or endangered species that are in a project area generally imposes severe constraints
on development, particularly if development would result in “take” of the species or its habitat. Under the
regulations of the ESA, the United States Fish and Wildlife Service (USFWS) may authorize “take” when
it is incidental to, but not the purpose of, an otherwise lawful act.
Critical Habitat is designated for the survival and recovery of species listed as threatened or endangered
under the ESA. Critical Habitat includes those areas occupied by the species, in which are found physical
and biological features that are essential to the conservation of an ESA listed species and which may require
special management considerations or protection. Critical Habitat may also include unoccupied habitat if it
is determined that the unoccupied habitat is essential for the conservation of the species.
Whenever federal agencies authorize, fund, or carry out actions that may adversely modify or destroy
Critical Habitat, they must consult with USFWS under Section 7 of the ESA. The designation of Critical
Habitat does not affect private landowners, unless a project they are proposing uses federal funds, or
requires federal authorization or permits (e.g., funding from the Federal Highway Administration or a
permit from the U.S. Army Corps of Engineers (Corps)).
If USFWS determines that Critical Habitat will be adversely modified or destroyed from a proposed action,
the USFWS will develop reasonable and prudent alternatives in cooperation with the federal institution to
ensure the purpose of the proposed action can be achieved without loss of Critical Habitat. If the action is
not likely to adversely modify or destroy Critical Habitat, USFWS will include a statement in its biological
opinion concerning any incidental take that may be authorized and specify terms and conditions to ensure
the agency is in compliance with the opinion.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) makes it unlawful to
pursue, capture, kill, possess, or attempt to do the same to any migratory bird or part, nest, or egg of any
such bird listed in wildlife protection treaties between the United States, Great Britain, Mexico, Japan, and
the countries of the former Soviet Union, and authorizes the U.S. Secretary of the Interior to protect and
regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and protects
migratory birds, their occupied nests, and their eggs (16 USC 703; 50 CFR 10, 21).
Attachment D – Regulations
The MBTA covers the taking of any nests or eggs of migratory birds, except as allowed by permit pursuant
to 50 CFR, Part 21. Disturbances causing nest abandonment and/or loss of reproductive effort (i.e., killing
or abandonment of eggs or young) may also be considered “take.” This regulation seeks to protect migratory
birds and active nests.
In 1972, the MBTA was amended to include protection for migratory birds of prey (e.g., raptors). Six
families of raptors occurring in North America were included in the amendment: Accipitridae (kites, hawks,
and eagles); Cathartidae (New World vultures); Falconidae (falcons and caracaras); Pandionidae (ospreys);
Strigidae (typical owls); and Tytonidae (barn owls). The provisions of the 1972 amendment to the MBTA
protects all species and subspecies of the families listed above. The MBTA protects over 800 species
including geese, ducks, shorebirds, raptors, songbirds and many relatively common species.
State Regulations
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) provides for the protection of the environment within
the State of California by establishing State policy to prevent significant, avoidable damage to the
environment through the use of alternatives or mitigation measures for projects. It applies to actions directly
undertaken, financed, or permitted by State lead agencies. If a project is determined to be subject to CEQA,
the lead agency will be required to conduct an Initial Study (IS); if the IS determines that the project may
have significant impacts on the environment, the lead agency will subsequently be required to write an
Environmental Impact Report (EIR). A finding of non-significant effects will require either a Negative
Declaration or a Mitigated Negative Declaration instead of an EIR. Section 15380 of the CEQA Guidelines
independently defines “endangered” and “rare” species separately from the definitions of the California
Endangered Species Act (CESA). Under CEQA, “endangered” species of plants or animals are defined as
those whose survival and reproduction in the wild are in immediate jeopardy, while “rare” species are
defined as those who are in such low numbers that they could become endangered if their environment
worsens.
California Endangered Species Act (CESA)
In addition to federal laws, the state of California implements the CESA which is enforced by CDFW. The
CESA program maintains a separate listing of species beyond the FESA, although the provisions of each
act are similar.
State-listed threatened and endangered species are protected under provisions of the CESA. Activities that
may result in “take” of individuals (defined in CESA as; “hunt, pursue, catch, capture, or kill, or attempt to
hunt, pursue, catch, capture, or kill”) are regulated by CDFW. Habitat degradation or modification is not
included in the definition of “take” under CESA. Nonetheless, CDFW has interpreted “take” to include the
destruction of nesting, denning, or foraging habitat necessary to maintain a viable breeding population of
protected species.
The State of California considers an endangered species as one whose prospects of survival and
reproduction are in immediate jeopardy. A threatened species is considered as one present in such small
numbers throughout its range that it is likely to become an endangered species in the near future in the
Attachment D – Regulations
absence of special protection or management. A rare species is one that is considered present in such small
numbers throughout its range that it may become endangered if its present environment worsens. State
threatened and endangered species are fully protected against take, as defined above.
The CDFW has also produced a species of special concern list to serve as a species watch list. Species on
this list are either of limited distribution or their habitats have been reduced substantially, such that a threat
to their populations may be imminent. Species of special concern may receive special attention during
environmental review, but they do not have formal statutory protection. At the federal level, USFWS also
uses the label species of concern, as an informal term that refers to species which might be in need of
concentrated conservation actions. As the Species of Concern designated by USFWS do not receive formal
legal protection, the use of the term does not necessarily ensure that the species will be proposed for listing
as a threatened or endangered species.
Fish and Game Code
Fish and Game Code Sections 3503, 3503.5, 3511, and 3513 are applicable to natural resource management.
For example, Section 3503 of the Code makes it unlawful to destroy any birds’ nest or any birds’ eggs that
are protected under the MBTA. Further, any birds in the orders Falconiformes or Strigiformes (Birds of
Prey, such as hawks, eagles, and owls) are protected under Section 3503.5 of the Fish and Game Code
which makes it unlawful to take, possess, or destroy their nest or eggs. A consultation with CDFW may be
required prior to the removal of any bird of prey nest that may occur on a project site. Section 3511 of the
Fish and Game Code lists fully protected bird species, where the CDFW is unable to authorize the issuance
of permits or licenses to take these species. Pertinent species that are State fully protected by the State
include golden eagle (Aquila chrysaetos) and white-tailed kite (Elanus leucurus). Section 3513 of the Fish
and Game Code makes it unlawful to take or possess any migratory nongame bird as designated in the
MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by
the Secretary of the Interior under provisions of the MBTA.
Native Plant Protection Act
Sections 1900–1913 of the Fish and Game Code were developed to preserve, protect, and enhance Rare
and Endangered plants in the state of California. The act requires all state agencies to use their authority to
carry out programs to conserve Endangered and Rare native plants. Provisions of the Native Plant
Protection Act prohibit the taking of listed plants from the wild and require notification of the CDFW at
least ten days in advance of any change in land use which would adversely impact listed plants. This allows
the CDFW to salvage listed plant species that would otherwise be destroyed.
California Native Plant Society Rare and Endangered Plant Species
Vascular plants listed as rare or endangered by the CNPS, but which have no designated status under FESA
or CESA are defined as follows:
California Rare Plant Rank
1A- Plants Presumed Extirpated in California and either Rare or Extinct Elsewhere
1B- Plants Rare, Threatened, or Endangered in California and Elsewhere
Attachment D – Regulations
2A- Plants Presumed Extirpated in California, But More Common Elsewhere
2B- Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere
3- Plants about Which More Information is Needed - A Review List
4- Plants of Limited Distribution - A Watch List
Threat Ranks
.1- Seriously threatened in California (over 80% of occurrences threatened / high degree and
immediacy of threat)
.2- Moderately threatened in California (20-80% occurrences threatened / moderate degree and
immediacy of threat)
.3- Not very threatened in California (<20% of occurrences threatened / low degree and immediacy
of threat or no current threats known).
Attachment D – Regulations
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in
California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean
Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates
activities under the Fish and Game Code Section 1600-1616, and the Regional Board regulates activities
pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act.
Federal Regulations
Section 404 of the Clean Water Act
In accordance with the Revised Definition of “Waters of the United States” (March 20, 2023), “waters of
the United Sates” are defined as follows:
The ‘‘waters of the United States’’ are defined in paragraph (a) of this rule:
(1) traditional navigable waters, the territorial seas, and interstate waters;
(2) impoundments of ‘‘waters of the United States’’;
(3) tributaries to traditional navigable waters, the territorial seas, interstate waters, or
impoundments when the tributaries meet either the relatively permanent standard or the significant
nexus standard (‘‘jurisdictional tributaries’’);
(4) wetlands adjacent to traditional navigable waters; wetlands adjacent to and with a continuous
surface connection to relatively permanent paragraph impoundments or to jurisdictional tributaries
when the jurisdictional tributaries meet the relatively permanent standard; and wetlands adjacent
to impoundments or jurisdictional tributaries when the wetlands meet the significant nexus
standard (‘‘jurisdictional adjacent wetlands’’); and
(5) intrastate lakes and ponds, streams, or wetlands not identified in (1) through (4) above that meet
either the relatively permanent standard or the significant nexus standard.
The ‘‘relatively permanent standard’’ means relatively permanent, standing or continuously flowing waters
connected to traditional navigable waters, and waters with a continuous surface connection to such
relatively permanent waters or to traditional navigable waters. The ‘‘significant nexus standard’’ means
waters that, either alone or in combination with similarly situated waters in the region, significantly affect
the chemical, physical, or biological integrity of traditional navigable waters, the territorial seas, or
interstate waters.
Section 401 of the Clean Water Act
Pursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity
which may result in any discharge to waters of the United States must provide certification from the State
or Indian tribe in which the discharge originates. This certification provides for the protection of the
physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result
from issuance of federal permits, and helps insure that federal actions will not violate water quality
standards of the State or Indian tribe. In California, there are nine Regional Water Quality Control Boards
(Regional Board) that issue or deny certification for discharges to waters of the United States and waters of
the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control
Attachment D – Regulations
Board assumed this responsibility when a project has the potential to result in the discharge to waters within
multiple Regional Boards.
State Regulations
Fish and Game Code
Fish and Game Code Sections 1600 et. seq. establishes a fee-based process to ensure that projects conducted
in and around lakes, rivers, or streams do not adversely impact fish and wildlife resources, or, when adverse
impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided.
Fish and Game Code Section 1602 requires any person, state, or local governmental agency or public utility
to notify the CDFW before beginning any activity that will do one or more of the following:
(1) substantially obstruct or divert the natural flow of a river, stream, or lake;
(2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake;
or
(3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground
pavement where it can pass into a river, stream, or lake.
Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and
lakes in the State. CDFW’s regulatory authority extends to include riparian habitat (including wetlands)
supported by a river, stream, or lake regardless of the presence or absence of hydric soils and saturated soil
conditions. Generally, the CDFW takes jurisdiction to the top of bank of the stream or to the outer limit of
the adjacent riparian vegetation (outer drip line), whichever is greater. Notification is generally required
for any project that will take place in or in the vicinity of a river, stream, lake, or their tributaries. This
includes rivers or streams that flow at least periodically or permanently through a bed or channel with banks
that support fish or other aquatic life and watercourses having a surface or subsurface flow that support or
have supported riparian vegetation. A Section 1602 Streambed Alteration Agreement would be required if
impacts to identified CDFW jurisdictional areas occur.
Porter Cologne Act
The California Porter-Cologne Water Quality Control Act gives the State very broad authority to regulate
waters of the State, which are defined as any surface water or groundwater, including saline waters. The
Porter-Cologne Act has become an important tool in the post SWANCC and Rapanos regulatory
environment, with respect to the state’s authority over isolated and insignificant waters. Generally, any
person proposing to discharge waste into a water body that could affect its water quality must file a Report
of Waste Discharge in the event that there is no Section 404/401 nexus. Although “waste” is partially
defined as any waste substance associated with human habitation, the Regional Board also interprets this
to include fill discharged into water bodies.