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B - Biological Report
20235530.001A Page i of iii July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com BIOLOGICAL RESOURCES ASSESSMENT REPORT FOR HOMELESS PREVENTION RESOURCES AND CARE CENTER PROJECT FONTANA, CALIFORNIA KLEINFELDER PROJECT NO. 20235530.001A July 5, 2023 Copyright 2023 Kleinfelder All Rights Reserved ONLY THE CLIENT OR ITS DESIGNATED REPRESENTATIVES MAY USE THIS DOCUMENT AND ONLY FOR THE SPECIFIC PROJECT FOR WHICH THIS REPORT WAS PREPARED. 20235530.001A Page ii of iii July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com A Report Prepared for: EcoTierra Consulting 5776-D Lindero Canyon Road #414 Westlake Village, CA 91362 City of Fontana 8353 Sierra Avenue Fontana, CA 92335 BIOLOGICAL RESOURCES ASSESSMENT FOR HOMELESS PREVENTION RESOURCES AND CARE CENTER PROJECT FONTANA, CALIFORNIA Prepared by: Wyatt Petersen Project Biologist Reviewed by: Jennifer D. Vicich Central Coast Group Manager KLEINFELDER 145 South Gray Street, Suite 201 Orcutt, California 93455 Phone: 805.724.6544 July 5, 2023 Kleinfelder Project No. 20235530.001A 20235530.001A Page iii of iii July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com TABLE OF CONTENTS ______________________________________________________________________________ Section Page 1 INTRODUCTION ....................................................................................................................... 1 1.1 BACKGROUND AND PROJECT DESCRIPTION ....................................................................... 1 1.2 REGULATORY SETTING ........................................................................................................ 4 1.3 ENVIRONMENTAL SETTING ................................................................................................. 9 2 METHODS .............................................................................................................................. 10 2.1 DESKTOP REVIEW .............................................................................................................. 10 2.2 FIELD SURVEY .................................................................................................................... 10 3 RESULTS ................................................................................................................................ 12 3.1 DATABASE REVIEW ........................................................................................................... 12 3.2 FIELD SURVEY .................................................................................................................... 12 3.2.1 VEGETATION COMMUNITIES ............................................................................... 12 3.2.2 JURISDICTIONAL FEATURES ................................................................................. 13 3.3 SPECIAL-STATUS PLANTS .................................................................................................. 13 3.4 SPECIAL-STATUS WILDLIFE ................................................................................................ 13 4 PROJECT IMPACTS ................................................................................................................. 18 4.1 VEGETATION COMMUNITIES ............................................................................................ 18 4.2 WETLANDS AND WATER FEATURES .................................................................................. 18 4.3 WILDLIFE RESOURCES ....................................................................................................... 18 4.4 BOTANICAL RESOURCES ................................................................................................... 18 5 AVOIDANCE AND MINIMIZATION MEASURES ........................................................................ 19 6 CONCLUSIONS ....................................................................................................................... 20 7 REFERENCES .......................................................................................................................... 21 FIGURES 1 Regional Vicinity 2 Project Location 3 CNDDB Occurrences 4 Vegetation Coverage TABLES 1 Special-status Resources with Potential to Occur in the Project Site. APPENDICES A Representative Site Photographs B USFWS Information, Planning and Consultation (IPac) Results C California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants Results 20235530.001A Page 1 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 1 INTRODUCTION 1.1 BACKGROUND AND PROJECT DESCRIPTION The City of Fontana is proposing to construct a community care center to serve the homeless, on four vacant lots (APN 0232-171-05, -06, -07, -08; approximately seven acres total) at the southwest intersection of Tokay Avenue and Arrow Boulevard in Fontana, California (Project Site). The proposed Project includes the improvement of approximately seven acres of land and the construction of several modular home neighborhoods and associated amenities (e.g., sport courts, gathering places, exercise equipment, walking trails) with the objective of providing housing and services for San Bernadino County residents experiencing homelessness. An additional four parcels (APN 0232-171-09, -12, -13, -14), which were previously used for mining, border the Project to the south (Figure 1). These additional parcels have been attached to the Project by the City of Fontana, however no formal project has been proposed for these parcels other than re-zoning the southern parcels from Open Space-Resource to Industrial. Kleinfelder has prepared this biological resources assessment report to inform the City of Fontana of potential sensitive or special-status biological resources on and around the Project Site and to recommend appropriate avoidance and minimization measures (AMM). This assessment will be submitted to the City of Fontana to satisfy requirements under the California Environmental Quality Act (CEQA). This assessment addresses the potential for, and if present, the location of sensitive biological resources at the Project Site and in surrounding areas, identifies biological constraints to proposed activities, and recommends mitigation measures, where necessary. For the purpose of this assessment, the Project Site is defined as APNs 0232-171-05, -06, -07, -08, plus a 50-foot buffer (Figure 2). This assessment does not consider impacts to the four southern parcels (APN 0232-171-09, -12, -13, -14) because these parcels were not accessible to Kleinfelder biologists for survey and because no project activities are currently proposed for these parcels by the City of Fontana. 20235530.001A Page 2 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 20235530.001A Page 3 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 20235530.001A Page 4 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 1.2 REGULATORY SETTING Sensitive biological resources are protected under various federal, state, and local ordinances. These resources include special-status plant and wildlife species, nesting birds, riparian and other sensitive habitats, and wetlands and waterways. Compliance with the following may be required for sensitive biological resources with the potential to occur on the Project Site. FEDERAL STATUTES. REGULATIONS, AND EXECUTIVE ORDERS Federal Endangered Species Act The Federal Endangered Species Act (FESA), administered by the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS), provides protection to plant and wildlife species listed as endangered or threatened. In general, USFWS has jurisdiction over terrestrial and freshwater species, while NMFS has jurisdiction over ocean-going species. Section 9 of FESA generally prohibits all persons from causing the "take" of any member of a listed species. (16 U.S.C. § 1538). This prohibition applies mainly to animals; it only extends to plants in areas “under federal jurisdiction” and plants already protected under state law. (Id., subd. (a)(2)(B); see also Northern Cal. River Watch v. Wilcox (9th Cir. 2010) 620 F.3d 1075). “Take” is defined in the statute as, "... to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." (16 U.S.C. § 1532(19).) Harass is defined in regulation as "...an intentional or negligent act or omission that creates the likelihood of injury to a listed species by annoying it to such an extent as to significantly disrupt normal behavior patterns that include, but are not limited to, breeding, feeding, or sheltering." (See 50 CFR § 17.3.) Harm is defined in the regulation as "...significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering.” (Id.) Despite the general prohibition against take, FESA in some circumstances permits “incidental take,” which means take that is incidental to, but not the purpose of, the carrying out of an otherwise lawful activity. (16 U.S.C. § 1539(a).) Under section 10 of FESA, persons seeking permission to engage in actions that could result in such incidental take can obtain such permission through the approval of a habitat conservation plan (HCP) by either USFWS or NMFS. (16 U.S.C., § 1539(a)). Proposed federal actions that would result in take of a federal-listed or proposed species require consultation with USFWS or NMFS under section 7 of FESA. (Id., § 1536.) The objective of consultation is to determine whether the proposed federal action would jeopardize the continued existence of a listed species or destroy or adversely modify critical habitat. Where such an outcome would not occur, USFWS or NMFS must still impose reasonable and prudent measures to minimize the effects of the incidental taking. Where such an outcome could occur, USFWS or NMFS must propose reasonable and prudent alternatives that, if implemented, would avoid such an outcome. (Id.) 20235530.001A Page 5 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Compliance with FESA can be achieved under Section 7 or 10 of FESA depending on the involvement of the federal government. Section 7 requires federal agencies to make a finding on all federal actions, including the approval by an agency of a public or private action, such as the issuance of a “404 permit” for filling wetlands by the U.S. Army Corps of Engineers (USACE), on the potential of the action to jeopardize the continued existence of any listed species impacted by the action or to result in the destruction or adverse modification of such species’ critical habitat. Provisions of Section 10 are implemented when there is no federal involvement in a project except compliance with FESA. A take not specifically allowed by federal permit under Section 7 or Section 10(a)(1)(B) of the FESA is subject to enforcement through civil or criminal proceedings under Section II of the FESA. Section 404 of the Clean Water Act USACE is responsible for the issuance of permits for the placement of dredged or fill material into waters of the United States (waters) pursuant to Section 404 of the Clean Water Act (CWA) (33 USC 1344). As defined by USACE in federal regulations found at 33 CFR 328.3(a)(3), waters are those that are currently used, or 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; tributaries and impoundments to such waters; all interstate waters including interstate wetlands; and territorial seas. Under USACE and U.S. Environmental Protection Agency (EPA) regulations, wetlands are defined as: "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." (33 C.F.R. § 328.3(c)(4); 40 C.F.R. § 122.2.) In non-tidal waters, the lateral extent of USACE jurisdiction is determined by the ordinary high water mark (OHWM), which is defined as the: "... line on the shore established by the fluctuations 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." (33 CFR 328[e]). In tidal areas, USACE jurisdiction under Section 404 of the Clean Water extends to the high tide line which, in the absence of actual data, is defined as “a line of oil or scum along shore objects, a more or less continuous deposit of fine shells or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide.” (33 C.F.R. § 328.3.) Section 401 (Water Quality Certification) Pursuant to Section 401 of the CWA (33 U.S.C. § 1341), USACE cannot issue a federal permit under Section 404 until the State of California first issues a water quality certification or waiver to ensure that a project 20235530.001A Page 6 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com would comply with state water quality standards. The authority to issue water quality certifications in San Bernardino County is vested with the Regional Water Quality Control Board (RWQCB). Migratory Bird Treaty Act USFWS also administers the Migratory Bird Treaty Act of 1918. All native species of birds are protected during active nesting. The protection extends to the adult birds and nest contents, including eggs and nestlings. (See 16 USCA § 703.) Invasive Species - Executive Order 13112 This order establishes a national policy to prevent the introduction of invasive species and provide for their control, as well as to minimize the economic, ecological, and human health impacts that invasive species cause. Federal agencies whose actions may affect the status of invasive species are to identify such actions, use relevant programs, as budgetary constraints permit, to: (a) prevent introductions of invasive species; (b) detect and control populations of such species; (c) monitor populations of invasive species; (d) provide for restoration of native species; (e) conduct research leading to prevention of introductions and more effective control measures; and (f) promote public education on invasive species. STATE STATUTES California Endangered Species Act The California Department of Fish and Wildlife (CDFW) administers a number of laws and programs designed to protect fish and wildlife resources. Principal of these is the California Endangered Species Act of 1984 (CESA Fish and Game Code Section 2050 et seq.), which regulates the listing and take of state endangered and threatened species, as well as candidate species. Under Section 2081 of CESA, CDFW may authorize take of an endangered and threatened species, or candidate species. In approving an incidental permit, CDFW must ensure, among other things, that “[t]he impacts of the authorized take shall be minimized and fully mitigated.” Further, “[t]he measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the Applicant's objectives to the greatest extent possible. All required measures shall be capable of successful implementation.” Porter-Cologne California Water Quality Control Act Waters of the State are subject to the jurisdiction of the Regional Water Quality Control Board (RWQCB) and CDFW. The RWQCB also has authority under CWA Section 401 to issue water quality certifications for projects subject to Corps 404 permits for the discharge of fill material, and the CDFW has regulatory over rivers, creeks, and streams under Fish and Game Code section 1600 et. seq. 20235530.001A Page 7 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com The Porter-Cologne Water Quality Control Act (California Water Code, Division 7, Sections 13000- 14958.) provides for statewide coordination of water quality regulations. This act established the California State Water Resources Control Board as the statewide authority, and nine separate RWQCBs to oversee water quality on a day-to-day basis at the regional/local level. Proposed discharges of waste that would affect State waters (that are not Federal waters) within or adjacent to the Proposed Action Area would require a Report of Waste Discharge from RWQCB. A Stormwater Pollution Prevention Plan will be prepared by a licensed individual and field with the RWQCB prior to initiating construction. Native Plant Protection Act (Sections 1900–1913 of the California Fish and Game Code) The legal protection afforded listed plants under this act includes provisions that prohibit the taking of plants from the wild and impose a salvage requirement for landowners. If a landowner has been informed of a listed plant species on his property, CDFW must be notified at least 10 days in advance of any land use change that might affect the species or its habitat, thereby affording CDFW an opportunity to conduct a salvage operation. Candidate species are also protected from taking by the Native Plant Protection Act. CDFW has demonstrated a general policy of regarding many of the plants on the California Rare Plant Rank (CRPR) Lists 1 and 2 (California Native Plant Society [CNPS]) as meeting the definitions of Chapter 10, Section 1901 of the Native Plant Protection Act. As such, those plants also qualify for protection under the California Environmental Quality Act (CEQA). In addition, plants on CNPS Lists 3 and 4, as well as unique plant communities, are often informally protected under this act. Section 3503 of the California Fish and Game Code – Protection of Active Bird Nests This section of the California Fish and Game Code (CFGC) protects active bird nests from disturbance. Measures must be taken to avoid project-related impacts that might destroy an active nest, or cause a nest to be abandoned due to disturbance. Section 1600 et seq. of the California Fish and Game Code The riparian zone of a waterway, to the outer dripline of trees and shrubs, is subject to CDFW jurisdiction under Section 1602 of the CFGC. A Lake and Streambed Alteration Agreement is required if the project will: 1) divert, obstruct, or change the natural flow or the bed, channel, or bank of any river, stream, or lake; 2) use materials from a streambed; or 3) result in the disposal or deposition of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into any river, stream, or lake. LOCAL POLICIES City of Fontana Zoning and Development Code Chapter 28, Article III – Preservation of Heritage, Significant and Specimen Trees – Establishes regulations for the preservation and protection of certain trees within the City. Protected trees include trees of 20235530.001A Page 8 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com historical significance, cultural significance, protected or endangered as specified by federal or state statutes, trees of designated species [i.e., Southern California black oak (Juglana californica), coast live oak (Quercus agrifollia), Deodora cedar (Cedrus deodora), California sycamore (Plantanus racemosa), London plane (Plantanus acerifolia)], or physical specimens worthy of exemplication. To preserve heritage, significant and specimen trees during development or redevelopment activity, the following measures are to be established: (1) All heritage, significant and specimen trees shall be enclosed by an appropriate construction barrier such as a chainlink fence or other means acceptable to the staff, prior to the issuance of any grading or building permit and prior to commencement of work. Fences are to remain in place during all phases of construction and may not be removed without the written consent of the staff. (2) No grading, construction or construction-related activities shall occur within the drip line of a heritage, significant or specimen tree as defined by this chapter, including, but not limited to, storage of materials, grade changes, or attachment of wires to or around tree trunks, stems or limbs. (3) No structure or impervious paving shall be located within the drip line or within a six-foot radius of the trunk perimeter, whichever is greater, of any heritage, significant or specimen tree. Staff may approve designs which incorporate porous surfaces (i.e. tree grates, decorative pavers, etc.). (4) No substantial disruption or removal of the structural or absorptive roots of any heritage, significant or specimen tree shall be performed. (5) No grade alteration of more than two feet shall be made within 30 feet of the dripline area of any heritage, significant or specimen tree unless approved by a certified arborist and/or the staff. (6) The staff may impose such additional measures determined necessary to preserve and protect the health of heritage, significant or specimen trees which are designated to remain, to be relocated or to be planted to replace those removed pursuant to a removal permit. Chapter 30, Article VIII, Division 2, Section 30-606 – ‘Resource Protection’ – Dictates the following protection for natural resources: (a) Biological resources. Areas containing significant biological habitat, as identified in the general plan, shall be preserved and protected. (b) Water resources. Groundwater recharge areas and natural drainage courses shall be protected. (c) Grading and landform. If any grading is required, natural terrain shall be incorporated into grading plans. The amount of terrain alteration shall be minimized. Significant topographic features shall be preserved. No grading or development shall be permitted on hilltops. Views to the San Gabriel, San Bernardino, San Jacinto Mountains, and Jurupa Hills shall be protected. (d) Natural flood control. Wherever possible, natural flood control features such as swales and vegetated drainage courses shall be maintained. 20235530.001A Page 9 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com (e) Energy conservation. New projects shall incorporate passive and active solar systems into site and building design per the California Building Code (CBC). 1.3 ENVIRONMENTAL SETTING The Project Site is located on a southward-sloping alluvial fan in between the San Gabriel and Jurupa mountains in southern California. Topography on the alluvial fan is relatively flat, ranging from approximately 1,126 to 1,251 feet above mean sea level (msl) within the immediate Project vicinity. The climate is hot and dry, with an average precipitation of 14.8 inches per year and average temperatures ranging from 54-81 degrees Fahrenheit (F). The Project Site include four, highly disturbed and sparsely vegetated vacant lots. The Project Site itself is covered by non-native grassland and various native and non-native ruderal vegetation common to highly disturbed lands in southern California. Dominant land cover in the area surrounding the Project Site, excluding the surrounding mountains, consists of urban sprawl, including residential and industrial properties. The Fontana Metrolink railway is located south of the Project Site. Soils mapped in the Project site and vicinity are dominated by Tujunga gravelly loamy sand (TvC), 0 to 9 percent slopes and Quarries and Pits soils (GP) (USDA 2023). This soil series is characterized as somewhat excessively drained and has no hydric soil rating. 20235530.001A Page 10 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 2 METHODS 2.1 DESKTOP REVIEW A literature review was conducted using standard biological references, including the California Natural Diversity Database (CNDDB; CDFW 2023), California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (IRP; CNPS 2023), and the USFWS Information, Planning and Consultation (IPaC) tool (USFWS 2023a). Other resources consulted included aerial photographs, topographic maps, soil survey maps, climatic data, relevant policy and planning documents, and previous biological reports prepared for all or part of the Project Site and nearby areas. A list of potentially occurring sensitive and special-status biological resources and designated critical habitats was then prepared following this literature review (Table 1). This list included sensitive and special-status biological resources and designated critical habitats with known occurrence records within one mile of the Project Site and unreported sensitive and special- status species affiliated with habitat and soil conditions present. Previously documented wetlands and water features within or near the Project Site were also identified during our literature review. In particular, the USFWS National Wetland Inventory (NWI; USFWS 2023b) and U.S. Geological Society (USGS) National Hydrography Dataset (NHD; USGS 2023) were consulted when identifying previously documented wetlands and water features. The results of the literature review with respect to the status and known occurrences of sensitive and special-status biological resources at the Project Site and in the surrounding area are discussed under relevant sections later in this document. 2.2 FIELD SURVEY A field survey targeting sensitive or special-status biological resources within the Project Site was conducted on April 04, 2023, by Kleinfelder biologist W. Ryan Hilgris. The survey focused on identifying and documenting the presence of sensitive and special-status plant and wildlife species, documenting habitat elements that may support sensitive and special-status plant and wildlife species and identifying and delineating potential jurisdictional water features. During the survey, the biologist visually and aurally searched for sensitive or special-status resources and their sign (e.g., tracks, scat, burrows). All wildlife and botanical resources observed were identified to species or, when relevant, to subspecies. 20235530.001A Page 11 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 20235530.001A Page 12 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 3 RESULTS 3.1 DATABASE REVIEW A review of industry-standard databases; including CNDDB, IPAC, and CNPS; identified nine sensitive or special-status wildlife species and five sensitive or special-status plant species with potential to occur within the Project Site’s vicinity (Figure 3; Table 1; Appendix B; Appendix C). These species included the San Diego Ambrosia (Ambrosia pumila), Parry’s spineflower (Chorizanthe parryi var. parryi), paniculate tarplant (Deinandra paniculate), Santa Ana River woollystar (Eriastrum densifolium ssp. sanctorum), mesa horkelia (Horkelia cuneata var. puberula), Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis), monarch butterfly (Danaus plexippus), Santa Ana sucker (Catostomus santaanae), southern California legless lizard (Anniella stebbinsi), coastal California gnatcatcher (Polioptila californica), least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus), San Bernadino Merriam’s kangaroo rat (Dipodomys merriami parvus), western yellow bat (Lasiurus xanthinus) An assessment of each of the 14 species’ potential to occur within the Project Site is provided in Table 1. 3.2 FIELD SURVEY The Project Site consisted of a vacant lot surrounded by urban sprawl. Vegetation present was ruderal and dominated by non-native grasses and mustards. Plant species observed included Sahara mustard (Brassica tournefortii), London rocket (Sisymbrium irio), common stork’s-bill (Erodium cicutarium), brome species (Bromus sp.), wall barley (Hordeum murinum), small-flowered fiddleneck (Amsinckia menziesii), and Canaigre dock (Rumex hymenosepalus). Several eucalyptus (Eucalyptus sp.) trees were present along Arrow Boulevard and two mature eucalyptus trees were present within the lot. Wildlife observed during the survey included red-tailed hawk (Buteo jamaicensis), common raven (Corvus corax), western kingbird (Tyrannus verticalis), western meadowlark (Sturnella neglecta), house finch (Haemorhous mexicanus), western fence lizard (Sceloporus occidentalis), and California ground squirrel (Otospermophilus beecheyi). Several small to medium sized small mammal burrows (e.g., ground squirrel, pocket gopher) were observed throughout. 3.2.1 VEGETATION COMMUNITIES Non-native grassland was the only vegetation community observed. The following is a description of this community at the Project Site: Non-Native Grassland (7-acres). This community consisted of native and non-native ruderal vegetation, dominated by Sahara mustard, London sprocket, common stork’s-bill, Bromus, wall barley, small-flowered fiddleneck, and Canaigre dock. 20235530.001A Page 13 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 3.2.2 JURISDICTIONAL FEATURES No potentially jurisdictional features were identified within the Project Site during the field survey. To the south of the Project Site, the abandoned quarry was inundated partially (Appendix A – Photo 3). This feature may potentially be classified as a wetland. A review of the NWI identified two freshwater ponds located within one mile of the Project Site. These include a 0.4-acre pond northwest of the Project Site and a 0.18-acre pond directly east of the Project Site. Both features were classified as palustrine with unconsolidated bottoms and permanently flooded. A review of available aerial imagery suggests these features are self-contained industrial ponds and not connected to any other features. A separate review of the NHD identified only an underground pipeline approximately 1.75 miles southwest of the Project Site. 3.3 SPECIAL-STATUS PLANTS No sensitive or special-status plant species, nor their habitats, were observed within 50 feet of the Project Site during the field survey. None of the sensitive or special-status species identified during the database review were assessed as having moderate-to-high potential to occur given available habitat conditions at the Project Site and individual species habitat requirements (Table 1). 3.4 SPECIAL-STATUS WILDLIFE No sensitive or special-status wildlife species (including individuals or sign) were observed during the field survey, and no suitable habitat for such species was noted. As stated previously, no protocol level presence-absence surveys were conducted for any species due to the location of the Project Site, its disturbed nature, and the lack of species occurrence records within the vicinity. None of the sensitive or special-status wildlife species identified during the database review were assessed as having moderate- to-high potential to occur given available habitat conditions at the Project Site and individual species habitat requirements (Table 1). 20235530.001A Page 14 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Table 1: Special-status Resources with Potential to Occur in the Project Site. Common Name Scientific Name Status Fed/State/ Other* General Habitat Description Potential to Occur PLANTS San Diego ambrosia Ambrosia pumila FE / - / - Upper terraces of rivers and drainageways, open grasslands, opening in coastal sage scrub, adjacent to vernal pools; Flowers: Apr- Jul; Elevation: 150- 2000 feet Low. Soil conditions are suitable and this species is tolerant of limited disturbance. However, Project Site is located outside known range and general habitat conditions on the Project Site are not suitable. Parry’s spineflower Chorizanthe parryi var. parryi - / - / 1B.1 Chaparral, Cismontane woodland, Coastal scrub, Valley and foothill grassland; Flowers: Apr-Jun; Elevation: 900-4005 feet Low. Soil conditions are suitable for this species. However, the Project Site is highly disturbed and general habitat conditions are not suitable. Paniculate tarplant Deinandra paniculate - / - / 4.2 Coastal scrub, Valley and foothill grassland, Vernal pools; Flowers: Apr-Nov; Elevation: 80-3085 feet Low. Soil conditions are suitable for this species. However, the Project Site is highly disturbed and general habitat conditions are not suitable. Santa Ana River woolly-star Eriastrum densifolium ssp. sanctorum FE / CE / 1B.1 Chaparral, Coastal scrub (alluvial fans); Flowers: Apr-Sep; Elevation: 300-2000 feet Low. Soil conditions are suitable for this species. However, the Project Site is highly disturbed and general habitat conditions are not suitable. 20235530.001A Page 15 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Common Name Scientific Name Status Fed/State/ Other* General Habitat Description Potential to Occur Mesa horkelia Horkelia cuneata var. puberula - / - / 1B.1 Chaparral (maritime), Cismontane woodland, Coastal scrub; Flowers: Feb- Jul; Elevation: 230- 2660 feet Low. Soil conditions are suitable for this species. However, the Project Site is highly disturbed and general habitat conditions are not suitable. Wildlife Delhi Sands flower- loving fly Rhaphiomidas terminates abdominalis FE / - / - Colton Dunes (Delhi soils series) Not Expected. No suitable habitat present. Monarch butterfly Danaus plexippus FC / - / - Grasslands, wetlands, deciduous forest, and shrub-steppe supporting large, contiguous, and high- density milkweed stands Low. Marginal roosting habitat in the form of a few mature eucalyptus trees; and marginal to no suitable foraging habitat present. Incidental fly-overs possible during migration. Santa Ana Sucker Catostomus santaanae FT / - / - Perennial river or stream flows with gravel, cobble, or sand mixture substrates, and a variety of riverine features including shallow riffles and deeper runs and pools Not Expected. No aquatic habitat present. Southern California legless lizard Anniella stebbinsi - / - / SSC Coastal dunes, mountains, desert scrub Not Expected. Project Site is highly disturbed with no suitable habitat present. 20235530.001A Page 16 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Common Name Scientific Name Status Fed/State/ Other* General Habitat Description Potential to Occur Coastal California Gnatcatcher Polioptila californica californica FT / - / SSC Coastal sage scrub Not Expected. No suitable scrub habitat present. Least Bell’s Vireo Vireo bellii pusillus FE / SE / - Dense shrubby or scrubby habitat. Especially in arid regions, found along streams or in dry arroyos and gulches. Not Expected. No suitable scrub or riparian habitat present. Southwestern Willow Flycatcher Empidonax traillii extimus FE / SE / - Found in thickets of willows and other shrubs near standing or running water. Not Expected. No suitable scrub or riparian habitat present. Western yellow bat Lasiurus xanthinus - / - / SSC Commonly found in riparian woodlands. Roost in trees, especially dead fronds in both native and non‑native palm trees Not Expected. No riparian woodlands or palm trees present. Species not known to use eucalyptus trees as roosts. San Bernardino Merriam’s kangaroo rat Dipodomys merriami parvus FE / - / SSC Sandy soils, clays, gravels, and among rocks Not Expected. Project Site consists of small, isolated, and highly disturbed vacant lots surrounded by urban sprawl. *FE/SE: Federally/State Endangered FT/ST: Federally/State Threatened SSC: Species of Concern (CDFW) FP: Fully Protected (CDFW) CPRR: California Rare Plant Ranks 1A: Plants presumed extirpated in California and either rare or extinct elsewhere 1B.1: Plants rare, threatened, or endangered in California and elsewhere; seriously threatened in California 1B.2: Plants rare, threatened, or endangered in California and elsewhere; moderately threatened in California 2B.2: Plants rare, threatened, or endangered in California but more common elsewhere; moderately threatened in California 2B.3: Plants rare, threatened, or endangered in California but more common elsewhere; not very threatened in California 20235530.001A Page 17 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 20235530.001A Page 18 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 4 PROJECT IMPACTS 4.1 VEGETATION COMMUNITIES One vegetation community, non-native grassland, was observed within the Project Site. The proposed Project is expected to permanently and directly impact approximately seven acres of this vegetation community. This impact will be caused by the conversion of the Project Site from a vacant lot to a community care center. 4.2 WETLANDS AND WATER FEATURES No potentially jurisdictional features were observed on the Project Site. Therefore, no impacts are expected. 4.3 WILDLIFE RESOURCES The Project Site is approximately twenty-five acres of non-native grassland habitat with scattered eucalyptus trees. This habitat is suitable for some common wildlife species and nesting birds. These wildlife resources will be directly and permanently impacted by the loss of habitat due to the conversion of the vacant lot to a community care center. Additional potential impacts that may occur during Project activities may result from heavy equipment operation, excavation, and vegetation removal. Impacts to sensitive or special-status wildlife resources other than nesting birds are not anticipated as a result of the Project. Nesting birds, which are protected by the Migratory Bird Treaty Act of 1917 and Section 3503 of the California Fish and Game Code may be impacted by vegetation removal and other Project-related disturbances (e.g., noise, increased human activity) during the nesting season. With the implementation of avoidance and minimization measures described in Section 5, including the use of preconstruction surveys and scheduling vegetation removal activities outside the nesting season, any potential direct impacts to nesting birds would be less than significant. 4.4 BOTANICAL RESOURCES Vegetation present, including non-native and common species, will be directly and permanently impacted by the conversion of the vacant lot to a community care center. Additional potential impacts to these species that may occur during Project activities may result from heavy equipment operation, excavation, and vegetation removal. Impacts to sensitive or special-status plant species, however, are not expected to occur due to lack of suitable habitat for these species. 20235530.001A Page 19 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 5 AVOIDANCE AND MINIMIZATION MEASURES The following measures to protect botanical and wildlife resources, including special-status species, are recommended: • All applicable agency permits with jurisdiction over the Project Site shall be obtained as necessary and all additional mitigation measures required by these agencies shall be implemented. • If construction activities occur within nesting bird season (February 1 to September 15), a qualified biologist shall perform pre-activity nesting bird surveys no more than 14 days prior to the start of activities to determine whether breeding/nesting birds are present within the Project Site. If an active bird nest is identified, then CDFW and/or USFWS shall be consulted to determine an appropriate buffer(s) during construction activities. These nests and their buffer areas shall be avoided until the nest is no longer active, as determined by a qualified biologist. • Do not dump trash or bring pets to the Project Site. All trash shall be contained and disposed of at the end of the day in a secure container to prevent access by wildlife. 20235530.001A Page 20 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 6 CONCLUSIONS The City of Fontana’s proposed community care center project will impact approximately seven acres of non-native grassland. No sensitive or special-status species were observed during a field survey. Moreover, the Project Site not only lacks the suitable habitat elements needed for sensitive and special- status biological resources but is also isolated from other natural areas by urban sprawl (further reducing the potential for such species to occur). Therefore, the proposed Project is not expected to impact any sensitive or special-status plant or wildlife species. There is, however, potential for birds to nest on the site (e.g., in the eucalyptus trees) and nesting birds are protected by the Migratory Bird Treaty Act. Recommended avoidance and minimization measures are provided in Section 5 and the implementation of these measures would reduce the likelihood of significant impacts to nesting birds. 20235530.001A Page 21 of 21 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com 7 REFERENCES California Department of Fish and Wildlife (CDFW). 2023. California Natural Diversity Data Base (CNDDB) results for the 1-mile radius from the Project site. CalFlora. 2023. Information on California plants for education, research, and conservation. [web application]. Accessed through April 2023. Available on-line: http://www.calflora.org. California Native Plant Society (CNPS), Rare Plant Program. 2023. Rare Plant Inventory (online edition, v9- 01 1.5). Website https://www.rareplants.cnps.org [accessed 28 March 2023]. City of Fontana, State of California. Zoning District Map. April 2022. https://www.fontana.org/DocumentCenter/View/30623/Zoning-District-Map-04-20- 2022?bidId=. Accessed April 2023. Cornell Lab of Ornithology. 2019. All About Birds. Cornell Lab of Ornithology, Ithaca, New York. https://www.allaboutbirds.org. Accessed April 2023. Fontana General Plan. Chapter 7: Conservation, Open Space, Parks and Trails. Approved and Adopted November 13, 2018. https://www.fontana.org/DocumentCenter/View/26746/Chapter-7---Conservation-Open- Space-Parks-and-Trails. Accessed April 2023. United States Department of Agriculture (USDA). 2023. Natural Resources Conservation Service (NRCS). Web Soil Survey. http://websoilsurvey.sc.egov.usda.gov/ App/HomePage.htm. Accessed March 2023. USFWS. 2023a. Information for Planning and Consultation. US Fish and Wildlife Service. https://ipac.ecosphere.fws.gov/location/index. Accessed March 2023. USFWS. 2023b. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws.gov/wetlands/. Accessed March 2023. USGS (U.S. Geological Survey). 2023. The National Hydrology Dataset. Available on the World Wide Web at: http://nhd.usgs.gov/. Accessed March 2023. 20235530.001A Page A-1 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com APPENDIX A REPRESENTATIVE SITE PHOTOGRAPHS ____________________________________________________________________________________ Photo 1: Center of northern boundary along Arrow Blvd. facing west (April 4, 2023). Photo 2: Center of southern fence line facing northwest (April 4, 2023). 20235530.001A Page A-2 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Photo 3: Northeast corner of mine site (not evaluated during this survey) over the fence line facing south (April 4, 2023). Photo 4: Northeast corner facing south (April 4, 2023). 20235530.001A Page A-3 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Photo 5: Northwest corner-gravel driveway facing east (April 4, 2023). Photo 6: Southeast corner of site facing west (April 4, 2023). 20235530.001A Page A-4 July 5, 2023 © 2023 Kleinfelder www.kleinfelder.com Photo 7: Southwest corner of site facing northeast (April 4, 2023). 20235530.001A May 12, 2023 © 2023 Kleinfelder www.kleinfelder.com APPENDIX B USFWS Information, Planning and Consultation (IPac) Results ____________________________________________________________________________________ 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 1/14 IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly a ected by activities in the project area. However, determining the likelihood and extent of e ects a project may have on trust resources typically requires gathering additional site-speci c (e.g., vegetation/species surveys) and project-speci c (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS o ce(s) with jurisdiction in the de ned project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location San Bernardino County, California Local o ce Carlsbad Fish And Wildlife O ce (760) 431-9440 (760) 431-5901 2177 Salk Avenue -Suite 250 U.S. Fish & Wildlife ServiceIPaC IPaC will be down for a maintenance event the week of April 10th. We apologize for any inconvenience this may cause. × 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 2/14 2177 Salk Avenue Suite 250 Carlsbad, CA 92008-7385 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 3/14 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of in uence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly a ected by activities in that area (e.g., placing a dam upstream of a sh population even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential e ects to species, additional site-speci c and project-speci c information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local o ce and a species list which ful lls this requirement can only be obtained by requesting an o cial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld o ce directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an o cial species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 1 2 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 4/14 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an o ce of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially a ected by activities in this location: Mammals Birds Fishes NAME STATUS San Bernardino Merriam's Kangaroo Rat Dipodomys merriami parvus Wherever found There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/2060 Endangered NAME STATUS Coastal California Gnatcatcher Polioptila californica californica Wherever found There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/8178 Threatened Least Bell's Vireo Vireo bellii pusillus Wherever found There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/5945 Endangered Southwestern Willow Flycatcher Empidonax traillii extimus Wherever found There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/6749 Endangered NAME STATUS 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 5/14 Insects Flowering Plants Critical habitats Potential e ects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. Migratory birds Santa Ana Sucker Catostomus santaanae There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/3785 Threatened NAME STATUS Monarch Butter y Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Candidate NAME STATUS San Diego Ambrosia Ambrosia pumila Wherever found There is nal critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/8287 Endangered Santa Ana River Woolly-star Eriastrum densifolium ssp. sanctorum Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6575 Endangered Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 1 2 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 6/14 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may nd in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur o the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING SEASON Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/ les/documents/nationwide-standard-conservation- measures.pdf NAME Allen's Hummingbird Selasphorus sasin This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9637 Breeds Feb 1 to Jul 15 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 7/14 Belding's Savannah Sparrow Passerculus sandwichensis beldingi This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8 Breeds Apr 1 to Aug 15 Black-chinned Sparrow Spizella atrogularis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9447 Breeds Apr 15 to Jul 31 Bullock's Oriole Icterus bullockii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Mar 21 to Jul 25 California Gull Larus californicus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Mar 1 to Jul 31 California Thrasher Toxostoma redivivum This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Jan 1 to Jul 31 Clark's Grebe Aechmophorus clarkii This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Jun 1 to Aug 31 Common Yellowthroat Geothlypis trichas sinuosa This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/2084 Breeds May 20 to Jul 31 Golden Eagle Aquila chrysaetos This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in o shore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 Breeds Jan 1 to Aug 31 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 8/14 Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey Lawrence's Gold nch Carduelis lawrencei This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9464 Breeds Mar 20 to Sep 20 Nuttall's Woodpecker Picoides nuttallii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9410 Breeds Apr 1 to Jul 20 Oak Titmouse Baeolophus inornatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9656 Breeds Mar 15 to Jul 15 Olive-sided Flycatcher Contopus cooperi This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/3914 Breeds May 20 to Aug 31 Western Grebe aechmophorus occidentalis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/6743 Breeds Jun 1 to Aug 31 Wrentit Chamaea fasciata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Mar 15 to Aug 10 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 9/14 no data survey e ort breeding season probability of presence e ort (see below) can be used to establish a level of con dence in the presence score. One can have higher con dence in the presence score if the corresponding survey e ort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey E ort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey e ort range, simply hover your mouse cursor over the bar. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 10/14 Allen's Hummingbird BCC Rangewide (CON) Belding's Savannah Sparrow BCC - BCR Black-chinned Sparrow BCC Rangewide (CON) Bullock's Oriole BCC - BCR California Gull BCC Rangewide (CON) California Thrasher BCC Rangewide (CON) Clark's Grebe BCC Rangewide (CON) Common Yellowthroat BCC - BCR Golden Eagle Non-BCC Vulnerable Lawrence's Gold nch BCC Rangewide (CON) Nuttall's Woodpecker BCC - BCR Oak Titmouse BCC Rangewide (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Olive-sided Flycatcher BCC Rangewide (CON) 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 11/14 Western Grebe BCC Rangewide (CON) Wrentit BCC Rangewide (CON) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my speci ed location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identi ed as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to o shore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my speci ed location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 12/14 To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the pro les provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe speci ed. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Paci c Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in o shore areas from certain types of development or activities (e.g. o shore energy development or longline shing). Although it is important to try to avoid and minimize impacts to all birds, e orts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially a ected by o shore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also o ers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my speci ed location". Please be aware this report provides the "probability 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 13/14 of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey e ort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey e ort is the key component. If the survey e ort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey e ort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to con rm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be con rmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no sh hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. 3/30/23, 12:00 PM IPaC: Explore Location resources https://ipac.ecosphere.fws.gov/location/R2V36VUOCJEEXKMOQM6LUNUVJQ/resources 14/14 Wetland information is not available at this time This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identi ed based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classi cation established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth veri cation work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional di erences in polygon boundaries or classi cations between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuber cid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may de ne and describe wetlands in a di erent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to de ne the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modi cations within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning speci ed agency regulatory programs and proprietary jurisdictions that may a ect such activities. 20235530.001A May 12, 2023 © 2023 Kleinfelder www.kleinfelder.com APPENDIX C California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants Results ____________________________________________________________________________________ Search Results CNPS Rare Plant Inventory 4 matches found. Click on scientific name for details Search Criteria: County or Island is one of [SBD], Quad is one of [3411714], 1100 feet between Plant low elevation and high elevation, 1300 feet between Plant low elevation and high elevation, Microhabitat is one of [Disturbed :Flat:Gravelly:Loam:Sandy] ▲ SCIENTIFIC NAME COMMON NAME FAMILY LIFEFORM BLOOMING PERIOD FED LIST STATE LIST GLOBAL RANK STATE RANK CA RARE PLANT RANK CA ENDEMIC DATE ADDED PHOTO Chorizanthe parryi var. parryi Parry's spineflower Polygonaceae annual herb Apr-Jun None None G3T2 S2 1B.1 Yes 1994- 01-01 No Photo Available Deinandra paniculata paniculate tarplant Asteraceae annual herb (Mar)Apr- Nov None None G4 S4 4.2 2001- 01-01 No Photo Available Eriastrum densifolium ssp. sanctorum Santa Ana River woollystar Polemoniaceae perennial herb Apr-Sep FE CE G4T1 S1 1B.1 Yes 1980- 01-01 No Photo Available Horkelia cuneata var. puberula mesa horkelia Rosaceae perennial herb Feb- Jul(Sep) None None G4T1 S1 1B.1 Yes 2001- 01-01 © 2008 Tony Morosco Showing 1 to 4 of 4 entries Suggested Citation: California Native Plant Society, Rare Plant Program. 2023. Rare Plant Inventory (online edition, v9.5). Website https://www.rareplants.cnps.org [accessed 9 May 2023].