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HomeMy WebLinkAboutAppendix D - Biological Due Diligence 2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050 www.ELMTConsulting.com April 29, 2024 EPD SOLUTIONS INC. Contact: Norah Jaffan 3333 Michelson Drive, Suite 500 Irvine, CA 92612 SUBJECT: Biological Due Diligence Investigation for the Proposed Fontana Warehouse Project Located at 14970 Jurupa Avenue in the City of Fontana, San Bernardino County, California Introduction This report contains the findings of ELMT Consulting’s (ELMT) Biological Due Diligence Investigation for the proposed Fontana Warehouse Project (project site or site) located at 14970 Jurupa Avenue in the City of Fontana, San Bernardino County, California. The biological due diligence investigation was conducted by ELMT biologist Rachael A. Lyons on March 29, 2024, to document baseline conditions and to determine the potential for special-status plant and wildlife species to occur on the project site that could pose a constraint to implementation of the proposed project. Project Location The project site is generally located south of Interstate 10, west of Interstate 215, north of State Route 60, 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 26 of Township 1 South, Range 6 West. Specifically, the project site is bound to the west by Live Oak, to the south by Jurupa Avenue, and to the east by Hemlock Avenue within Assessor Parcel Numbers (APNs) 0237-121-03 and 0237-122-07. Methodology Prior to conducting the habitat assessment/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 California Departments (CDFW’s) QuickView Tool in the Biogeographic Information and Observation System (BIOS), California Natural Diversity Database (CNDDB) Rarefind 5, and the California Native Plant Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California. Following the literature review, biologist Megan E. Peukert inventoried and evaluated the condition of the habitat within the project site on March 29, 2024 to document baseline conditions and to determine the potential for special-status plant and wildlife species to occur on the project site that could pose a constraint to implementation of the proposed project. April 29, 2024 Page 2 14970 Jurupa Avenue Biological Due Diligence Investigation Topography and Soils Elevation on the project site ranges from approximately 953 to 971 feet above mean sea level, is generally flat with no areas of significant topographic relief, and slopes gently from north to south. Based on the Natural Resources Conservation Service Web Soil Survey, the project site is underlain by Tujunga loamy sand (0 to 5 percent slopes) and Tujunga gravelly loamy sand (0 to 9 percent slopes). Soils on-site have been mechanically disturbed and heavily compacted from disturbances and development from the active steel beam service center activities. Existing Site Conditions Due to existing and historical land uses, no native plant communities or natural communities of special concern were observed on-site. The site supports two (2) land-cover types that would be classified as disturbed and developed. The majority of the site supports developed land in association with the steel beam service center with disturbed land scattered throughout and along the perimeter of the boundary. Refer to Attachment C, Site Photographs, for representative photographs of the project site. No native plant communities will be impacted from implementation of the proposed project. Nesting Birds 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). The ornamental trees on the perimeter of the project site has the potential to provide nesting opportunities for avian species. The following is a project feature that is incorporated into the Project and will be imposed by the City as a condition of approval for the Project to ensure compliance with the MBTA and California Fish and Game Code: “If any Project ground disturbance or vegetation removal activities occur during the bird nesting season (January 15th and September 15th), a pre-construction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities. If an active nest is identified during the pre-construction surveys, construction activities shall stay outside of a no-disturbance buffer, as determined by a wildlife biologist, until the young have left the nest or the nest otherwise becomes inactive under natural conditions.” Migratory Corridors and Linkages The proposed project will be confined to existing disturbed and developed land, which has removed natural plant communities from the project site. Further, the project site is surrounded by existing developments, which have eliminated connection to nearby wildlife movement corridors. As a result, implementation of the proposed project will not disrupt or have any adverse effects on any migratory corridors or linkages in the surrounding area. Jurisdictional Areas No discernible drainage courses, inundated areas, or wetland features/obligate plant species that would be considered jurisdictional by the United States Army Corps of Engineers (Corps), Regional Water Quality April 29, 2024 Page 3 14970 Jurupa Avenue Biological Due Diligence Investigation Control Board (Regional Board), or CDFW were observed within the proposed project site. Based on the proposed site plan, project activities will not result in impacts to Corps, Regional Board, or CDFW jurisdictional areas and regulatory approvals will not be required. Special-Status Biological Resources The CNDDB Rarefind 5 and the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of California were queried for reported locations of special-status plant and wildlife species as well as special- status natural plant communities in the Fontana USGS 7.5-minute quadrangle. The literature search identified twenty-two (15) special-status plant species, fifty-seven (52) special-status wildlife species, and one (1) special-status plant community as having potential to occur within the Guasti USGS 7.5-minute quadrangle. No special-status plant or wildlife species, or special-status plant communities were observed on-site during the habitat assessment. The proposed project site consists of existing development and heavily disturbed areas that have been subject to a high level of anthropogenic disturbances. These disturbances have eliminated the natural plant communities that once occurred on-site resulting in a majority of the project site consisting of non-native, ruderal/weedy plant species. Based on habitat requirements for specific species and the availability and quality of on-site habitat, it was determined that the project site does not provide suitable habitat for special-status plant or wildlife species and are presumed to be absent from the project site. No special-status plant communities were observed onsite at the time of the investigation. Critical Habitat The project site is not located with federally designated Critical Habitat. The nearest designated Critical Habitat is located approximately 0.22 miles southeast of the project site for coastal California gnatcatcher (Polioptila californica californica). Therefore, the loss or adverse modification of Critical Habitat from site development will not occur and consultation with the USFWS for impacts to Critical Habitat will not be required for implementation of the proposed project. DSF Suitability Assessment In addition to the general field investigation, a Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis; DSF) suitability assessment was also conducted to evaluate for the quality or purity of on-site soils and for its potential to support DSF. The proposed project site is not mapped within Delhi fine sand soils. The closest mapped Delhi find sand soils are located approximately 800 feet southeast of the project site. As a result of existing development on and surrounding the project site surface soils, where present, have been heavily mixed with alluvial soils (Tujunga loamy sand) and compacted. Additionally, portions of the site are developed and consists of impervious surfaces and do not support undisturbed soils. Further, the project site is surrounded by existing developments and no longer has connectivity to areas upwind containing Delhi Sands soils, areas subjected to Aeolian processes, or areas supporting DSF populations. Since the project site is not located with mapped Delhi fine sand soils, and has been heavily disturbed and/or developed, it determined that the site does not support Delhi Sand soils needed to provide suitable habitat April 29, 2024 Page 4 14970 Jurupa Avenue Biological Due Diligence Investigation for DSF and DSF is presumed absent from the project site. No further actions or focused surveys are recommended. Conclusion Based on the proposed project footprint and existing site conditions discussed in this report, none of the special-status plant or wildlife species known to occur in the general vicinity of the project site are expected to be directly or indirectly impacted from implementation of the proposed project. The project site has no value as habitat for endangered, rare, or threatened species. Therefore, it was determined that implementation of the project will have “no effect” on federally or State listed species known to occur in the general vicinity of the project site. Additionally, the development of the project will not impact designated Critical Habitats, jurisdictional waters, or regional wildlife movement corridors/linkages. 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. 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 Attachment A Project Exhibits Regional Vicinity 14970 JURUPA AVENUE BIOLOGICAL DUE DILIGENCE Exhibit 1 O Source: USA Topographic Map, San Bernardino County ^_ PROJECTLOCATION 0 1,250 2,500625 Feet Legend Project Site Project Site 14970 JURUPA AVENUE BIOLOGICAL DUE DILIGENCE Exhibit 2 O Source: ESRI Aerial Imagery, San Bernardino County 0 250 500125 Feet Legend Project Site Attachment B Site Plan Attachment C Site Photographs Attachment C – Site Photographs Photograph 1: From the northeast corner of the project site looking west along the northern boundary. Photograph 2: From the northeast corner of the project site looking south along the eastern boundary. Attachment C – Site Photographs Photograph 3: From the southeast corner of the project site looking west along the southern boundary. Photograph 4: From the southeast corner of the project site looking north along the eastern boundary. Attachment C – Site Photographs Photograph 5: From the southwest corner of the project site looking north along the western boundary. Photograph 6: From the southwest corner of the project site looking east along the southern boundary. Attachment C – Site Photographs Photograph 7: From the northwest corner of the project site looking south along the western boundary. Photograph 8: From the northwest corner of the project site looking east along the northern boundary. Attachment D Potentially Occurring Special-Status Biological Resources Scientific Name Common Name Federal Status State Status CDFW Listing CNPS Rare Plant Rank Potential to Occur Accipiter cooperii Coopers hawk None None FP | WL -Presumed Absent Accipiter striatus sharp‐shinned hawk None None - -Presumed Absent Agelaius tricolor tricolored blackbird None THR SSC -Presumed Absent Aimophila ruficeps canescens southern California rufous‐crowned sparrow None None WL -Presumed Absent Anniella stebbinsi Southern California legless lizard None None WL -Presumed Absent Aquila chrysaetos golden eagle None None SSC -Presumed Absent Ardea herodias great blue heron None None SSC -Presumed Absent Arizona elegans occidentalis California glossy snake None None - -Presumed Absent Artemisiospiza belli belli Bells sparrow None None - -Presumed Absent Aspidoscelis hyperythra orange‐throated whiptail None None - -Presumed Absent Aspidoscelis tigris stejnegeri coastal whiptail None None - -Presumed Absent Athene cunicularia burrowing owl None None - -Presumed Absent Bombus crotchii Crotchs bumble bee None None - -Presumed Absent Bombus pensylvanicus American bumble bee None None - -Presumed Absent Botaurus lentiginosus American bittern None None - -Presumed Absent Buteo swainsoni Swainsons hawk None THR SSC -Presumed Absent Calypte costae Costas hummingbird None None SSC -Presumed Absent Catostomus santaanae Santa Ana sucker THR None SSC -Presumed Absent Chaetodipus fallax fallax northwestern San Diego pocket mouse None None SSC -Presumed Absent Cicindela tranquebarica viridissima greenest tiger beetle None None - -Presumed Absent Circus hudsonius northern harrier None None SSC -Presumed Absent Coleonyx variegatus abbotti San Diego banded gecko None None - -Presumed Absent Contopus cooperi olive‐sided flycatcher None None FP -Presumed Absent Crotalus ruber red‐diamond rattlesnake None None - -Presumed Absent Diadophis punctatus modestus San Bernardino ringneck snake None None WL -Presumed Absent Dipodomys merriami parvus San Bernardino kangaroo rat THR END - -Presumed Absent Dipodomys simulans Dulzura kangaroo rat None None SSC -Presumed Absent Elanus leucurus white‐tailed kite None None WL -Presumed Absent Empidonax traillii willow flycatcher None END SSC -Presumed Absent Eremophila alpestris actia California horned lark None None SSC -Presumed Absent Eugnosta busckana Buscks gallmoth None None SSC -Presumed Absent Eumops perotis californicus western mastiff bat None None WL -Presumed Absent Falco columbarius merlin None None SSC -Presumed Absent Gila orcuttii arroyo chub None None - -Presumed Absent Icteria virens yellow‐breasted chat None None - -Presumed Absent Lanius ludovicianus loggerhead shrike None None SSC -Presumed Absent Larus californicus California gull None None - -Presumed Absent Lasiurus xanthinus western yellow bat None None WL -Presumed Absent Lepus californicus bennettii San Diego black‐tailed jackrabbit None None SSC -Presumed Absent Neolarra alba white cuckoo bee None None SSC -Presumed Absent Nyctinomops femorosaccus pocketed free‐tailed bat None None SSC -Presumed Absent Oncorhynchus mykiss irideus pop. 10 steelhead ‐ southern California DPS END None - -Presumed Absent Pandion haliaetus osprey None None SSC -Presumed Absent Phrynosoma blainvillii coast horned lizard None None SSC -Presumed Absent Special-Status Wildlife Species Polioptila californica californica coastal California gnatcatcher THR None - -Presumed Absent Pyrocephalus rubinus vermilion flycatcher None None SSC -Presumed Absent Rhaphiomidas terminatus abdominalis Delhi Sands flower‐loving fly END None - -Presumed Absent Setophaga petechia yellow warbler None None SSC -Presumed Absent Spea hammondii western spadefoot None None SSC -Presumed Absent Spinus lawrencei Lawrences goldfinch None None SSC -Presumed Absent Taxidea taxus American badger None None SSC -Presumed Absent Vireo bellii pusillus least Bells vireo END END - -Presumed Absent Deinandra paniculata paniculate tarplant None None - 4.2 Presumed Absent Arenaria paludicola marsh sandwort END END - 1B.1 Presumed Absent Calochortus plummerae Plummers mariposa-lily None None - 4.2 Presumed Absent Chloropyron maritimum ssp. maritimum salt marsh birds-beak END END - 1B.2 Presumed Absent Chorizanthe parryi var. parryi Parrys spineflower None None - 1B.1 Presumed Absent Eriastrum densifolium ssp. sanctorum Santa Ana River woollystar END END - 1B.1 Presumed Absent Horkelia cuneata var. puberula mesa horkelia None None - 1B.1 Presumed Absent Juglans californica southern California black walnut None None - 4.2 Presumed Absent Lepidium virginicum var. robinsonii Robinsons pepper-grass None None - 4.3 Presumed Absent Lycium parishii Parishs desert-thorn None None - 2B.3 Presumed Absent Malacothamnus parishii Parishs bush-mallow None None - 1A Presumed Absent Monardella pringlei Pringles monardella None None - 1A Presumed Absent Senecio aphanactis chaparral ragwort None None - 2B.2 Presumed Absent Sphenopholis obtusata prairie wedge grass None None - 2B.2 Presumed Absent Symphyotrichum defoliatum San Bernardino aster None None - 1B.2 Presumed Absent Riversidian Alluvial Fan Sage Scrub ----Absent U.S. Fish and Wildlife Service (Fed) - Federal California Department of Fish and Wildlife (CA) - California END- Federal Endangered THR- Federal Threatened DL- Delisted END- California Endangered THR- California Threatened Candidate- Candidate for listing under the California Endangered Species Act FP- California Fully Protected SSC- Species of Special Concern WL- Watch List CE- Candidate Endangered Special-Status Plant Species California Native Plant Society (CNPS) California Rare Plant Rank 1B Plants Rare, Threatened, or Endangered in California and 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 0.1- Seriously threatened in California 0.2- Moderately threatened in California 0.3- Not very threatened in California CNPS Threat Ranks Special-Status Plant Communities