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HomeMy WebLinkAboutC - Biological Resources Investigation 2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050 www.ELMTConsulting.com November 30, 2021 BLACK CREEK GROUP Contact: Peter Shafer 4675 MacArthur Court, Suite 625 Newport Beach, California 92660 SUBJECT: Habitat Assessment for the Proposed Beech Avenue Project Located in the City of Fontana, San Bernardino County, California Introduction This report contains the findings of ELMT Consulting’s (ELMT) habitat assessment for the proposed Beech Avenue Project (project, project site) located in the City of Fontana, San Bernardino County, California. The field investigation was conducted by biologist Jacob H. Lloyd Davies on November 3, 2021 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. Project Location The project site is generally located south of State Route 210, west of Interstate 215, north of Interstate 10, and east of Interstate 15 in the City of Fontana, San Bernardino County, California. The site is depicted on the Fontana quadrangle of the United States Geological Survey’s (USGS) 7.5-minute map series within Section 2 of Township 1 South, Range 6 West. Specifically, the site is bounded to the north by the Pacific Electric Trail, to the east by Beech Avenue, and is located north of Foothill Boulevard within Assessor Parcel Numbers 1110-161-12, -13, and -14. Refer to Exhibits 1-3 in Attachment A. Project Description The project proposed the development of a warehouse facility with associated parking and infrastructure on approximately 8.38 acres (refer to Attachment B, Site Plan). 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 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. November 30, 2021Page 2 Beech Avenue Project Habitat Assessment 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 were 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 (1994-2021); • 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. 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. Habitat Assessment/Field Investigation Following the literature review, biologist Jacob H. Lloyd Davies inventoried and evaluated the condition of the habitat within a 200-foot buffer around the project site, where applicable, on November 3, 2021. 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. 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. November 30, 2021Page 3 Beech Avenue Project Habitat Assessment 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 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 proposed project site is located in a heavily developed area in the City of Fontana. Surrounding land November 30, 2021Page 4 Beech Avenue Project Habitat Assessment uses include industrial, commercial, institutional, and residential development in all directions with scattered undeveloped parcels throughout. The site is bounded to the north by the Pacific Electric Trail with residential development beyond; to the east by undeveloped land with residential, commercial, and industrial development beyond; to the south by undeveloped land and commercial development; and to the west by industrial development. The site itself is undeveloped. Topography and Soils Elevation ranges from approximately 1,271 to 1,290 feet above mean sea level and generally slopes from north to south. Based on the NRCS USDA Web Soil Survey, the project site is historically underlain by Tujunga gravelly loamy sand (0 to 9 percent slopes). Refer to Exhibit 4, Soils, in Attachment A. Soils on- site have been compacted by anthropogenic disturbances such as historic agricultural activities, routine weed abatement, foot and vehicle traffic, and surrounding development. Vegetation Due to historic and existing land uses and surrounding development, no native plant communities or natural communities of special concern were observed within the project footprint. Refer to Attachment C, Site Photographs, for representative site photographs. The project site supports one (1) land cover type that would be classified as disturbed (refer to Exhibit 5, Vegetation, in Attachment A). The project site supports disturbed land that supports primarily early successional/ruderal plant species and trees associated with historic agricultural activities. The site is subject to routine weed abatement and other anthropogenic disturbance that inhibits plant populations from establishing. Plant species found on-site include horseweed (Erigeron canadensis), Mediterranean grass (Schismus arabicus), jimsonweed (Datura wrightii), golden crownbeard (Verbesina encelioides), Russian thistle (Salsola tragus), and tree tobacco (Nicotiana glauca). In addition, a collection of stunted gum trees (Eucalyptus sp.) are present in the northwest corner, remnant agricultural windrows that have been cut down in recent years and allowed to resprout. Mature gum trees are also present at the northeast and southeast corners. 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., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for 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. November 30, 2021Page 5 Beech Avenue Project Habitat Assessment Amphibians No amphibians or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for amphibian species were observed on or within the vicinity of the project site. Therefore, no amphibians are expected to occur on the project site and are presumed absent. Reptiles The survey area provides limited habitat for hardy reptile species adapted to routine disturbance and development. No reptilian species were observed during the field investigation. Common reptilian species that could be expected to occur 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 provides suitable foraging and nesting habitat for bird species adapted to routine disturbance and development. Bird species detected during the field investigation include American kestrel (Falco sparverius), European starling (Sturnus vulgaris), yellow-rumped warbler (Setophaga coronata), Say’s phoebe (Sayornis saya), Cassin’s kingbird (Tyrranus vociferans), northern mockingbird (Mimus polyglottos), red-tailed hawk (Buteo jamaicensis), black phoebe (Sayornis nigricans), rock pigeon (Columba liva), killdeer (Charadrius vociferus), wrentit (Chamaea fasciata), mourning dove (Zenaida macroura), and Allen’s hummingbird (Selasphorus sasin). Mammals The survey area provides limited foraging and cover habitat for mammalian species adapted to routine disturbance and development. Mammalian species detected during the field investigation include pocket gopher (Thomomys sp.) and California ground squirrel (Otospermophilus beecheyi). Common mammalian species that could be expected to occur include domestic cat (Felis catus), coyote (Canis latrans), possum (Didelphis virginiana), and raccoon (Procyon lotor). Nesting Birds No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted during breeding season. Although subjected to routine disturbance, the gum trees present on-site and ornamental vegetation in the surrounding area have 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. In addition, the undeveloped portions of the project site have the potential to provide suitable nesting opportunities for birds that nest on the open ground and those acclimated to routine disturbances (e.g., killdeer [Charadrius vociferans]). No raptors are expected to nest on-site due to lack of suitable nesting 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. November 30, 2021Page 6 Beech Avenue Project Habitat Assessment 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, major open space areas documented in the vicinity of the project site include the Cajon Creek Wash, located approximately 5.0 miles to the southeast, and the Lytle Creek Wash, located approximately 5.5 miles to the northwest. 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 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. The USFWS NWI and the USGS National Hydrography Dataset were reviewed to determine if any blueline streams or riverine resources have been documented within or immediately surrounding the project site. Based on this review, no riverine resources were identified on the project site. Further, no drainage features were observed on-site during the field investigations. Therefore, development of the project will not result in impacts to Corps, Regional Board, or CDFW jurisdiction 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. Only one quadrangle was used due the proximity of the site to quadrangle boundaries, geographical similarities with adjacent quadrangles, and surrounding development. 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 November 30, 2021Page 7 Beech Avenue Project Habitat Assessment species. The literature search identified fifteen (15) special-status plant species, forty-three (43) 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 D: Potentially Occurring Special-Status Biological Resources. Special-Status Plants According to the CNDDB and CNPS, fifteen (15) special-status plant species have been recorded in the Fontana quadrangles (refer to Attachment D). No special-status plant species were observed on-site during the habitat assessment. The project site has been subject to anthropogenic disturbances from historic agricultural activities, routine weed abatement, and foot and vehicle traffic associated with surrounding development. These disturbances have reduced 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, the availability and quality of habitats needed by each species, and isolation of the project site from natural areas, 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 all are presumed to be absent from the project site. No focused surveys are recommended. Special-Status Wildlife According to the CNDDB, forty-three (43) special-status wildlife species have been reported in the Fontana quadrangle (refer to Attachment D). No special-status wildlife species were observed on-site during the habitat assessment. The project site has been subject to anthropogenic disturbances from historic agricultural activities, routine weed abatement, and foot and vehicle traffic associated with surrounding 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. Based on habitat requirements for specific special-status plant species, the availability and quality of habitats needed by each species, and isolation of the project site from natural areas, it was determined that the project site has a moderate potential to support Cooper’s hawk (Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), and Costa’s hummingbird (Calypte costae). Further, it was 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 has been heavily disturbed from surrounding development. None of the aforementioned species are federally or state listed as endangered or threatened. In order to ensure impacts to Cooper’s hawk, sharp-shinned hawk, and Costa’s hummingbird 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 these species will be less than significant and no mitigation will be required. Based on regional significance, the potential occurrence of burrowing owl (Athene cunicularia) is described in further detail below. November 30, 2021Page 8 Beech Avenue Project Habitat Assessment Burrowing Owl The burrowing owl is currently listed as a California Species of Special Concern. It is a grassland specialist distributed throughout western North America where it occupies open areas with short vegetation and bare ground within shrub, desert, and grassland environments. Burrowing owls use a wide variety of arid and semi-arid environments with well-drained, level to gently-sloping areas characterized by sparse vegetation and bare ground (Haug and Didiuk 1993; Dechant et al. 1999). Burrowing owls are dependent upon the presence of burrowing mammals (such as ground squirrels) whose burrows are used for roosting and nesting (Haug and Didiuk 1993). The presence or absence of colonial mammal burrows is often a major factor that limits the presence or absence of burrowing owls. Where mammal burrows are scarce, burrowing owls have been found occupying man-made cavities, such as buried and non-functioning drain pipes, stand-pipes, and dry culverts. Burrowing mammals may burrow beneath rocks and debris or large, heavy objects such as abandoned cars, concrete blocks, or concrete pads. They also require open vegetation allowing line-of-sight observation of the surrounding habitat to forage as well as watch for predators. No burrowing owls or recent sign (i.e., pellets, feathers, castings, or whitewash) were observed during the field investigation. The majority of the project site is unvegetated and/or vegetated with a variety of low- growing plant species that allow for line-of-sight observation favored by burrowing owls. No suitable burrows (>4 inches in diameter) capable of providing roosting and nesting opportunities were observed onsite. Further, the site supports and is surrounded by tall gum trees, which decreases the likelihood that burrowing owls would occur on the project site as these features provide perching opportunities for larger raptor species (i.e., red-tailed hawk [Buteo jamaicensis]) that prey on burrowing owls. In addition, the burrows along the northern boundary occur adjacent to the Pacific Electric Trail, which supports regular foot traffic, bicycle traffic, and occasional illicit motorcycle traffic. These routine disturbances immediately adjacent to the suitable burrows are likely to preclude burrowing owls from roosting on-site. Therefore, it was determined that the project site does not have potential to provide suitable habitat for burrowing owls and focused surveys are not recommended. However, out of an abundance of caution, and to ensure no impacts to burrowing owl occur from project implementation, a pre-construction burrowing owl clearance survey is recommended to be conducted prior to ground disturbing activities. Special-Status Plant Communities According to the CNDDB, one (1) special-status plant communities have been reported in the Fontana USGS 7.5-minute quadrangle: Riversidian Alluvial Fan Sage Scrub. Based on the results of the field investigation, no special-status plant communities were observed on-site. Therefore, no special-status plant communities will be impacted by project implementation. Critical Habitats 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, November 30, 2021Page 9 Beech Avenue Project Habitat Assessment 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 a 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 within federally designated Critical Habitat. Further, the nearest Critical Habitat designation is located approximately 2.3 miles to the north for San Bernardino kangaroo rat (Dipodomys merriami parvus) (Exhibit 6, Critical Habitat). Therefore, no impacts to federally designated Critical Habitat will occur from implementation of the proposed project. 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 November 30, 2021Page 10 Beech Avenue Project Habitat Assessment 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. As part of the pre-construction nesting bird clearance survey, it is recommended that a burrowing owl pre- construction clearance survey be conducted prior to any ground disturbance or vegetation removal activities to ensure that burrowing owls remain absent from the project site. 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 Attachments: A. Project Exhibits B. Site Plan C. Site Photographs D. Potentially Occurring Special-Status Biological Resources E. Regulations Attachment A Project Exhibits ^_ SAN BERNARDINO RIVERSIDE LOS ANGELES ORANGE Regional Vicinity BEECH AVENUE PROJECTHABITAT ASSESSMENT Exhibit 1 O Source: World Street Map, San Bernardino County 0 5 102.5 Miles PROJECTLOCATION ^_ PROJECTLOCATION Site Vicinity BEECH AVENUE PROJECTHABITAT ASSESSMENT Exhibit 2 O Source: USA Topographic Map, San Bernardino County 0 2,000 4,0001,000 Feet Legend Project Site Project Site BEECH AVENUE PROJECTHABITAT ASSESSMENT Exhibit 3 O Source: ESRI Aerial Imagery, San Bernardino County 0 125 25062.5 Feet Legend Project Site TvC Soils BEECH AVENUE PROJECTHABITAT 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 BEECH AVENUE PROJECTHABITAT ASSESSMENT Exhibit 5 O Source: ESRI Aerial Imagery, San Bernardino County 0 125 25062.5 Feet Legend Project Site Disturbed Critical Habitat BEECH AVENUE PROJECTHABITAT ASSESSMENT Exhibit 6 O Source: ESRI Aerial Imagery, USFWS Critical Habitat, San Bernardino County 0 2,000 4,0001,000 Feet Legend Project Site San Bernardino kangaroo rat Attachment B Site Plan north Attachment C Site Photographs Attachment C – Site Photographs Beech Avenue Project Habitat Assessment Photograph 1: From the northwest corner of the project site looking south along the western boundary. Photograph 2: From the northwest corner of the project site looking east along the northern boundary. Attachment C – Site Photographs Beech Avenue Project Habitat Assessment Photograph 3: From the northeast corner of the project site looking west along the northern boundary. Photograph 4: From the northeast corner of the project site looking south along the eastern boundary. Attachment C – Site Photographs Beech Avenue Project Habitat Assessment Photograph 5: From the southeast corner of the project site looking north along the eastern boundary. Photograph 6: From the southeast corner of the project site looking west along the southern boundary. Attachment C – Site Photographs Beech Avenue Project Habitat Assessment Photograph 7: From the southwest corner of the project site looking east along the southern boundary. Photograph 8: From the southwest corner of the project site looking north along the western boundary. Attachment D Potentially Occurring Special-Status Biological Resources Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Table D-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 Moderate There is suitable foraging habitat throughout the site. Limited nesting opportunities are present in on-site and adjacent gum trees, but this species usually prefers more densely wood areas for nesting. This species is adapted to urban environments and occurs commonly. Accipiter striatus sharp-shinned hawk Fed: CA: None WL Found in pine, fir and aspen forests. They can be found hunting in forest interior and edges from sea level to near alpine areas. Can also be found in rural, suburban and agricultural areas, where they often hunt at bird feeders. Typically found in southern California in the winter months. No Moderate There is suitable foraging habitat throughout the site. This species does not nest in the region. This species is adapted to urban environments and occurs commonly. Agelaius tricolor tricolored blackbird Fed: CA: None THR; SSC Range is limited to the coastal areas of the Pacific coast of North America, from Northern California to upper Baja California. Can be found in a wide variety of habitat including annual grasslands, wet and dry vernal pools and other seasonal wetlands, agricultural fields, cattle feedlots, and dairies. Occasionally forage in riparian scrub habitats along marsh borders. Basic habitat requirements for breeding include open accessible water, protected nesting substrate (freshwater marsh dominated by cattails, willows, and bulrushes [Schoenoplectus sp.]), and either flooded or thorny or spiny vegetation and suitable foraging space providing adequate insect prey. No Presumed Absent No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur Anniella stebbinsi southern California legless lizard Fed: CA: None SSC Occurs primarily in areas with sandy or loose loamy soils under sparse vegetation of beaches, chaparral, or pine-oak woodland; or near sycamores, oaks, or cottonwoods that grow on stream terraces. Often found under or in the close vicinity of logs, rocks, old boards, and the compacted debris of woodrat nests. No Presumed Absent No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Ardea herodias great blue heron Fed: CA: None None Forages along streams, marshes, lakes, and meadows. Nests colonially in tall trees (typically Eucalyptus sp.), on cliffsides, or in isolated spots in marshes. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Arizona elegans occidentalis California glossy snake Fed: CA: None SSC Occurs in a wide variety of habitat types including open desert, grasslands, shrublands, chaparral, and woodlands. Prefers areas where the soil is loose and sandy which allows for burrowing. No Presumed Absent No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Aspidoscelis hyperythra orangethroat whiptail Fed: CA: None WL Semi-arid brushy areas typically with loose soil and rocks, including washes, streamsides, rocky hillsides, and coastal chaparral. No Presumed Absent No suitable habitat is 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 such as chaparral, woodland, and riparian areas. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 The project site provides line-of-sight opportunities favored by burrowing owls. Several suitable burrows (>4 inches in diameter) were observed along the northern boundary and within the adjacent parcel to the east. However, the large trees and structures in the surrounding area provide perching opportunities for large raptors that prey on burrowing owls. Further, the suitable burrows are located adjacent to the Pacific Electric Trail, which supports regular foot and bicycle traffic. Bombus crotchii Crotch bumble bee Fed: CA: None None Exclusive to coastal California east towards the Sierra-Cascade Crest; less common in western Nevada. No Presumed Absent No suitable habitat is 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. Presumed Absent No suitable habitat is present within or adjacent to the project site. 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 Moderate The project site and surrounding area provide suitable foraging habitat and nesting opportunities. This species is adapted to urban environments and occurs commonly. 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 No suitable habitat is present within or adjacent to the project site. Cicindela tranquebarica viridissima greenest tiger beetle Fed: CA: None None Normally occurs in sand flats along streams but can occur in sandy areas with active irrigation. Known from a few small colonies within the Santa Ana River watershed. Presumed Absent No suitable habitat is present within or adjacent to the project site. Circus hudsonius northern harrier Fed: CA: None SSC Frequents meadows, grasslands, open rangelands, desert sinks, fresh and saltwater emergent wetlands; seldom found in wooded areas. Mostly found in flat, or hummocky, open areas of tall, dense grasses moist or dry shrubs, and edges for nesting, cover, and feeding. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Coleonyx variegatus abbotti San Diego banded gecko Fed: CA: None SSC Occurs in coastal and cismontane southern California from interior Ventura County south, although it is absent from the extreme outer coast. It is uncommon in coastal scrub and chaparral, most often occurring in granite or rocky outcrops in these habitats. No Presumed Absent No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Elanus leucurus white-tailed kite Fed: CA: None FP Occurs in low elevation, open grasslands, savannah-like habitats, agricultural areas, wetlands, and oak woodlands. Uses trees with dense canopies for cover. Important prey item is the California vole. No Presumed Absent No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Eremophila alpestris actia California horned lark Fed: CA: None WL Generally found in shortgrass prairies, grasslands, disturbed fields, or similar habitat types along the coast or in deserts. Trees are shrubs are usually scarce or absent. Generally rare in montane, coniferous, or chaparral habitats. Forms large flocks outside of the breeding season. No Presumed Absent No suitable habitat is present within or adjacent to the project site. 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 3 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 No suitable habitat is 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 No suitable habitat is 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Lepus californicus bennettii San Diego black-tailed jackrabbit Fed: CA: None SSC Occurs 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 No suitable habitat is present within or adjacent to the project site. Neolarra alba white cuckoo bee Fed: CA: None None Found in dry, sandy areas (particularly deserts) in the American southwest near the host plants for Perdita bee species, of which it is a nest parasite. No Presumed Absent No suitable habitat is present within or adjacent to the project site. 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 No suitable habitat is present within or adjacent to the project site. Oncorhynchus mykiss irideus pop. 10 steelhead – southern California DPS Fed: CA: END None Found in permanent coastal streams from San Diego to the Smith River. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Pandion haliaetus osprey Fed: CA: None WL Associated strictly with large, fish-bearing waters, primarily in ponderosa pine through mixed conifer habitats. Uses large trees, snags, and dead-topped trees in open forest habitats for cover and nesting. Requires open, clear waters for foraging and uses rivers, lakes, reservoirs, bays, estuaries, and surf zones. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Phrynosoma blainvillii coast horned lizard Fed: CA: None SSC Occurs 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur Polioptila californica californica coastal California gnatcatcher Fed: CA: THR SSC Obligate resident of sage scrub habitats that are dominated by California sagebrush (Artemisia californica). This species generally occurs below 750 feet elevation in coastal regions and below 1,500 feet inland. Ranges from the Ventura County, south to San Diego County and northern Baja California and it is less common in sage scrub with a high percentage of tall shrubs. Prefers habitat with more low-growing vegetation. No Presumed Absent No suitable habitat is 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 No suitable habitat is 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. Spinus lawrencei Lawrence’s finch Fed: CA: None None 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 No suitable habitat is 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 No suitable habitat is 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 No suitable habitat is present within or adjacent to the project site. SPECIAL-STATUS PLANT SPECIES Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 No suitable habitat is present within or adjacent to the project site. The site occurs outside of the known elevation range for this species. Calochortus plummerae Plummer's mariposa-lily Fed: CA: CNPS: None None 4.2 Prefers openings in chaparral, foothill woodland, coastal sage scrub, valley foothill grasslands, cismontane woodland, lower montane coniferous forest and yellow pine forest. Often found on dry, rocky slopes and soils and brushy areas. Can be very common after a fire. Found at elevations ranging from 459 to 6,299 feet. Blooming period is from May to July. No Presumed Absent No suitable habitat is present within or adjacent to the project site. 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 No suitable habitat is present within or adjacent to the project site. The 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 No suitable habitat is present within or adjacent to the project site. Deinandra paniculata paniculate tarplant Fed: CA: CNPS: None None 4.2 Typically found in vernally mesic, sometimes sandy soils in coastal scrub, valley and foothill grasslands, and vernal pools. Found at elevations ranging from 82 to 3,084 feet. Blooming period is from April to November. No Presumed Absent No suitable habitat is present within or adjacent to the project site. Eriastrum densifolium ssp. sanctorum Santa Ana River woollystar Fed: CA: CNPS: END END 1B.1 Found in sandy soil in association with mature alluvial scrub. Ideal habitat appears to be a terrace or bench that receives overbank deposits every 50 to 100 years. Cryptogamic crusts are frequently present in occupied areas. Found at elevations ranging from 299 to 2,001 feet. Blooming period is from April to September. No Presumed Absent No suitable habitat is present within or adjacent to 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 No suitable habitat is present within or adjacent to 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 No suitable habitat is present within or adjacent to 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 No suitable habitat is present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Beech Avenue Project Habitat Assessment Scientific Name Common Name Status Habitat Observed On-site Potential to Occur 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 No suitable habitat is present within or adjacent to the project site. Malacothamnus parishii Parish’s bush-mallow Fed: CA: CNPS: None None 1A Species is presumed extinct. Habitats include coastal scrub and chaparral. Found at elevations ranging from 1,000 to 1,495 feet. Blooming period is from June to July. No Presumed Absent No suitable habitat is present within or adjacent to the project site. 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 No suitable habitat is present within or adjacent to the project site. 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 No suitable habitat is present within or adjacent to 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 No suitable habitat is present within or adjacent to 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 No suitable habitat is present within or adjacent to the project site. CDFW SENSITIVE HABITATS 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 This plant community does not occur within or adjacent to the project site. U.S. Fish and Wildlife Service (USFWS) - Federal END- Federal Endangered THR- Federal Threatened California Department of Fish and Wildlife (CDFW) - California END- California Endangered THR- California Threatened CE - Candidate Endangered FP- California Fully Protected SSC- California Species of Concern WL- Watch List 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 E Regulations Attachment E – Regulations Beech Avenue Project Habitat Assessment 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 E – Regulations Beech Avenue Project Habitat Assessment 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 E – Regulations Beech Avenue Project Habitat Assessment 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 E – Regulations Beech Avenue Project Habitat Assessment 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 E – Regulations Beech Avenue Project Habitat Assessment 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 Since 1972, the Corps and U.S. Environmental Protection Agency (EPA) have jointly regulated the filling of “waters of the U.S.,” including wetlands, pursuant to Section 404 of the Clean Water Act (CWA). The Corps has regulatory authority over the discharge of dredged or fill material into the waters of the United States under Section 404 of the CWA. The Corps and EPA define “fill material” to include any “material placed in waters of the United States where the material has the effect of: (i) replacing any portion of a water of the United States with dry land; or (ii) changing the bottom elevation of any portion of the waters of the United States.” Examples include, but are not limited to, sand, rock, clay, construction debris, wood chips, and “materials used to create any structure or infrastructure in the waters of the United States.” In order to further define the scope of waters protected under the CWA, the Corps and EPA published the Clean Water Rule on June 29, 2015. Pursuant to the Clean Water Rule, the term “waters of the United States” is defined as follows: (i) All waters which 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. (ii) All interstate waters, including interstate wetlands1. (iii) The territorial seas. (iv) All impoundments of waters otherwise defined as waters of the United States under the definition. (v) All tributaries2 of waters identified in paragraphs (i) through (iii) mentioned above. (vi) All waters adjacent3 to a water identified in paragraphs (i) through (v) mentioned above, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters. 1 The term wetlands means 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. 2 The terms tributary and tributaries each mean a water that contributes flow, either directly or through another water (including an impoundment identified in paragraph (iv) mentioned above), to a water identified in paragraphs (i) through (iii) mentioned above, that is characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark. 3 The term adjacent means bordering, contiguous, or neighboring a water identified in paragraphs (i) through (v) mentioned above, including waters separated by constructed dikes or barriers, natural river berms, beach dunes, and the like. Attachment E – Regulations Beech Avenue Project Habitat Assessment (vii) All prairie potholes, Carolina bays and Delmarva bays, Pocosins, western vernals pools, Texas coastal prairie wetlands, where they are determined, on a case-specific basis, to have a significant nexus to a water identified in paragraphs (i) through (iii) meantioned above. (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (i) through (iii) mentioned above and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in paragraphs (i) through (v) mentioned above, where they are determined on a case-specific basis to have a significant nexus to a waters identified in paragraphs (i) through (iii) mentioned above. The following features are not defined as “waters of the United States” even when they meet the terms of paragraphs (iv) through (viii) mentioned above: (i) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act. (ii) Prior converted cropland. (iii) The following ditches: (A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary. (B) Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands. (C) Ditches that do not flow, either directly or through another water, into a water of the United States as identified in paragraphs (i) through (iii) of the previous section. (iv) The following features: (A) Artificially irrigated areas that would revert to dry land should application of water to that area cease; (B) Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds; (C) Artificial reflecting pools or swimming pools created in dry land; (D) Small ornamental waters created in dry land; (E) Water-filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water; (F) Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of a tributary, non-wetland swales, and lawfully constructed grassed waterways; and (G) Puddles. (v) Groundwater, including groundwater drained through subsurface drainage systems. (vi) Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land. Attachment E – Regulations Beech Avenue Project Habitat Assessment (vii) Wastewater recycling structures constructed in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling. 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 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. Attachment E – Regulations Beech Avenue Project Habitat Assessment 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.