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HomeMy WebLinkAboutAppendix B - Biological Resources Assessment 2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050 www.ELMTConsulting.com February 6, 2026 LEWIS MANAGEMENT CORP Attention: Stacey Sassaman 1156 North Mountain Avenue Upland, CA 91786 SUBJECT: Biological Resources Assessment for The Resort at the Arboretum Project Located in the City of Fontana, San Bernardino County, California Introduction This report contains the findings of ELMT Consulting’s (ELMT) biological resources assessment for The Resort at the Arboretum Project (project site or site) located in the City of Fontana, San Bernardino County, California. The field investigation was conducted on December 12, 2025, to document baseline conditions and assess the potential for special-status 1 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 burrowing owl (Athene cunicularia), San Bernardino kangaroo rat (Dipodomys merriami parvus), California gnatcatcher (Polioptila californica californica), and other 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. Additionally, the report also addresses resources protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (FGC), federal Clean Water Act (CWA) regulated by the United States Army Corps of Engineers (Corps) and Regional Water Quality Control Board (Regional Board) respectively, and Section 1602 of the FGC administered by CDFW. Project Location The project site is generally located south and east of Interstate 15, north of State Route 210, and west of Interstate 215 in the City of Fontana, San Bernardino County, California. The site is depicted on the Devore quadrangle of the United States Geological Survey’s (USGS) 7.5-minute map series within Section 18 of Township 1 North, Range 5 West. Specifically, the project site is roughly bounded to the east by Sierra Avenue and to the south of Duncan Canyon Road, and east and south of Interstate 15 within Assessor’s Parcel Number 0239-081-06, -11, -15, -16, -18, -19, -36, -40, -41, -42, -43, -51, -52, and -53. Refer to Exhibits 1-3 in Attachment A. 1 As used in this report, “special-status” refers to plant and wildlife species that are federally and State listed, proposed, or candidates; plant species that have been designated with a California Native Plant Society Rare Plant Rank; wildlife species that are designated by the CDFW as fully protected, species of special concern, or watch list species; and specially protected natural vegetation communities as designated by the CDFW. February 6, 2026 Page 2 The Resort at the Arboretum Biological Resources Assessment Methodology A literature review and records search were conducted to determine which special-status biological resources have the potential to occur on or within the general vicinity of the project site. In addition to the literature review, a general habitat assessment or field investigation of the project site was conducted to document existing conditions and assess the potential for special-status biological resources to occur within the project site. Literature Review Prior to conducting the field investigation, a literature review and records search was conducted for special- status biological resources potentially occurring on or within the vicinity of the project site. Previously recorded occurrences of special-status plant and wildlife species and their proximity to the project site was determined through a query of the CDFW’s QuickView Tool in the Biogeographic Information and Observation System (BIOS), CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special- status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species listings. All available reports, survey results, and literature detailing the biological resources previously observed on or within the vicinity of the project site was reviewed to understand existing site conditions and note the extent of any disturbances that have occurred within the project site that would otherwise limit the distribution of special-status biological resources. Standard field guides and texts were reviewed for specific habitat requirements of special-status and non-special-status biological resources, as well as the following resources: • Google Earth Pro historic aerial imagery (1985-2025); • United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), Soil Survey 2; • 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. Field Investigation Following the literature review, biologist Megan E. Peukert inventoried and evaluated the condition of the habitat within the project site on December 12, 2025. 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 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. February 6, 2026 Page 3 The Resort at the Arboretum Biological Resources Assessment potential natural corridors and linkages that may support the movement of wildlife through the area. These areas identified on aerial photography were then walked during the field investigation. Soil Series Assessment On-site and adjoining soils were researched prior to the field investigation using the USDA NRCS Soil Survey for San Bernardino County, California. In addition, a review of the local geological conditions and historical aerial photographs was conducted to assess the ecological changes that the project site has undergone. Plant Communities Plant communities were mapped using 7.5-minute USGS topographic base maps and aerial photography. The plant communities were classified in accordance with Sawyer, Keeler-Wolf and Evens (2009), delineated on an aerial photograph, and then digitized into GIS Arcview. The Arcview application was used to compute the area of each plant community and/or land cover type in acres. Plants Common plant species observed during the field investigation were identified by visual characteristics and morphology in the field and recorded in a field notebook. Unusual and less-familiar plants were photographed in the field and identified in the laboratory using taxonomic guides. Taxonomic nomenclature used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are provided immediately following common names of plant species (first reference only). Wildlife Wildlife species detected during the field investigation by sight, calls, tracks, scat, or other sign were recorded during surveys in a field notebook. Field guides used to assist with identification of wildlife species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley 2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals of North America (Reid 2006). Although common names of wildlife species are well standardized, scientific names are provided immediately following common names in this report (first reference only). Jurisdictional Drainages and Wetlands Aerial photography was reviewed prior to conducting a field investigation in order to locate and inspect 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. February 6, 2026 Page 4 The Resort at the Arboretum Biological Resources Assessment Existing Site Conditions The proposed project site is located in an area that historically supported undeveloped, vacant land and natural plant communities. The surrounding area has undergone significant urbanization in recent decades and development surrounding the project site is primarily residential. At present, the site is bounded to the east by Sierra Avenue, with residential development beyond; to the north by undeveloped, vacant land with Interstate 15 beyond; to the west by undeveloped, vacant land; and to the south by Duncan Canyon Road with residential land beyond. The site itself supports a mix of undeveloped, vacant land that has been impacted by anthropogenic disturbances associated with on-site and surrounding development and vehicular access. These on-site disturbances exist densely in the central and southern portions of the project site. The undisturbed to marginally disturbed portions of the project site support native plant communities. Topography and Soils On-site elevation ranges from approximately 1,810 to 1,900 feet above mean sea level and slopes marginally from north south. On-site topography is generally flat but contains small berms and depressions throughout. Based on the NRCS USDA Web Soil Survey, the project site is underlain by Soboba stony loamy sand (2 to 9 percent slopes) and Soboba gravelly loamy sand (0 to 9 percent slopes). Soils on-site are generally very rocky. Vegetation The project site supports one (1) plant community: chamise chaparral. In addition, the site supports two (2) land cover types that would be classified as disturbed and developed (refer to Exhibit 4, Vegetation, in Attachment A). Refer to Attachment B, Site Photographs, for representative site photographs. The majority of the undisturbed areas of the project site support a chamise chaparral plant community. The chamise chaparral plant community is dominated by chamise (Adenostoma fasciculatum) and contains other native chaparral species such as California buckwheat (Eriogonum fasciculatum), common sunflower (Helianthus annus), chia (Salvia hispanica), white sage (Salvia apiana), California sagebrush (Artemesia californica), heliotrope (Phacelia sp.), hairy horsebrush (Tetradymia comosa), and deerweed (Acmispon glaber). Disturbed land occurs within the central and southern portions of the site as well as along site boundaries, in association with unpaved access roads, cleared vegetation for active construction, as well as a water detention basin. Vegetative cover in these areas range from barren to sparse. Representative plant species in disturbed areas onsite include redstem filaree (Erodium cicutarium), Mediterranean mustard (Hirschfeldia incana), ripgut brome (Bromus diandrus), red brome (Bromus madritensis), barley (Hordeum sp.), tree tobacco (Nicotiana glauca), yellow star-thistle (Centaurea solstitialis), and purple fountain grass (Pennisetum setaceum rubrum). Developed land occurs in the south eastern portion of the site in the form of a asphalt pad used for the on- site construction mobile office trailer and parking. 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 February 6, 2026 Page 5 The Resort at the Arboretum Biological Resources Assessment to occur within the project site. The discussion is to be used a general reference and is limited by the season, time of day, and weather conditions in which the field investigation was conducted. Wildlife detections were based on calls, songs, scat, tracks, burrows, and direct observation. The project site provides limited habitat for wildlife species except those adapted to a high degree of anthropogenic disturbances and development. Fish No fish or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) with frequent sources of water that would support populations of fish were observed on or within the vicinity of the project site. Therefore, no fish are expected to occur and are presumed absent from the project site. Amphibians No amphibians or hydrogeomorphic features (e.g., 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 and are presumed absent from the project site. Reptiles The project site provides suitable foraging and cover habitat for a limited variety of local reptile species adapted to moderate anthropogenic disturbance. Reptilian species observed onsite include side blotched (Uta stansburiana), western fence lizard (Sceloporus occidentalis) and coachwhip (Masticophis flagellum). Birds The project site and surrounding area provide suitable foraging and nesting habitat for a variety of local bird species. Bird species detected during the field investigation include California towhee (Melozone crissalis), northern mockingbird (Mimus polyglottos), lesser goldfinch (Spinus psaltria), Say’s phoebe (Sayornis saya), American crow (Corvus brachyrhynchos), and Lazuli bunting (Passerina amoena). Mammals The project site provides suitable foraging and cover habitat for a mammalian species adapted to a moderate degree of anthropogenic disturbance. The only mammalian species observed during the investigation was San Diego black-tailed jackrabbit (Lepus californicus bennettii). Additional common mammalian species that could be expected to occur onsite include coyote (Canis latrans), and desert cottontail (Sylvilagus audubonii). Nesting Birds No active avian nests or birds exhibiting nesting behavior were observed during the field investigation, which was conducted outside of breeding season. The project site and surrounding area provide suitable foraging habitat and nesting opportunities for a variety of year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area. In addition, the project site has the potential to provide suitable nesting opportunities for birds that nest on the open ground. Raptors are not expected to nest on- site due to the lack of suitable nesting opportunities. February 6, 2026 Page 6 The Resort at the Arboretum Biological Resources Assessment Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. Migratory Corridors and Linkages Habitat linkages provide connections between larger habitat areas that are separated by development. Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal, seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can provide a buffer against both human disturbance and natural fluctuations in resources. According to the San Bernardino Open Space, the project site is not mapped as occurring within or adjacent to any Major Open Space Areas. The nearest Major Open Space Areas are the Cajon Wash, located approximately 0.88 miles to the northeast, and Duncan Canyon, which occurs in the foothills of the San Gabriel Mountains approximately 0.94 miles to the northwest. The project site is comprised of undeveloped, vacant land, and additional adjacent undeveloped space occurs to the northwest and northeast in between the project site and the aforementioned Major Open Space Areas. Although historically, these areas would have once provided useful steppingstone habitat, they are now degraded and fragmented by existing development and disturbances. Additionally, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the project site to these, or any other, identified wildlife corridors or linkages. 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 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. No jurisdictional drainage and/or wetland features were observed on the project site during the field investigation. Further no blueline streams have been recorded on the project site. 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- February 6, 2026 Page 7 The Resort at the Arboretum Biological Resources Assessment status natural plant communities in the Devore USGS 7.5-minute quadrangle. Only one quadrangle was queried due to the proximity of the project site to quadrangle boundaries, regional topography, 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 species. The literature search identified twenty (20) special-status plant species, forty-five (45) special-status wildlife species, and three (3) special-status plant communities as having the potential to occur within the Devore 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, twenty (20) special-status plant species have been recorded in the Devore quadrangle (refer to Attachment D). No special-status plant species were observed on-site during the field investigation. The project site has been subject to anthropogenic disturbances from weed- abatement and adjacent and surrounding development; the latter of which has removed on-site habitats from historic hydrological regimes that once shaped the vegetative structure of plant communities in the area. These disturbances have reduced, if not eliminated, the suitability of the habitat to support special-status plant species known to occur in the general vicinity of the project site. Based on habitat requirements for specific special-status plant species, the availability and quality of habitats needed by each species, and known distributions, it was determined that the project site has a low potential to support short-joint beavertail (Opuntia basilaris var. brachyclada). It was further determined that the project site does not have potential to support any additional special-status plant species known to occur in the vicinity and all are presumed to be absent. Short-joint beavertail is not State or Federally listed as Threatened or Endangered. Further, the species was not observed onsite at the time of the investigation. No further surveys are recommended. Special-Status Wildlife According to the CNDDB, forty-five (45) special-status wildlife species have been reported in the Devore quadrangle (refer to Attachment D). Special-status wildlife species observed during the field investigation include San Diego black-tailed jackrabbit and coast horned lizard. Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the proposed project site also has a high potential to support Cooper’s hawk (Accipiter cooperii) and California horned lark (Eremophila alpestris acti); a moderate potential to support Bell’s sage sparrow (Artemesiospiza belli belli); and a low potential to support coastal whiptail (Aspidoscelis tigris steinegeri). It was further determined that the project site does not have the potential to support any of the other special-status wildlife species listed in the CNDDB and all are presumed to be absent. None of the aforementioned species are federally or state listed as endangered or threatened. Cooper’s hawk is not expected to nest on-site due to the lack of suitable nesting opportunities. California February 6, 2026 Page 8 The Resort at the Arboretum Biological Resources Assessment horned lark and Bell’s sage sparrow may be expected to nest on-site. Based on regional significance, the potential occurrence of burrowing owl, San Bernardino kangaroo rat, and California gnatcatcher within the project site are described in further detail below: Burrowing Owl The burrowing owl is currently listed as a California Candidate Endangered Species. 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 project site is primarily vegetated with a fairly dense chamise chaparral plant community which does not allow for line-of-sight observation favored by burrowing owls. Additionally, the project site lacks suitable burrows (>4 inches in diameter) capable of providing nesting opportunities. Based on the results of the field investigation, it was determined that the project site does not have potential to support burrowing owl and focused surveys are not recommended. However, out of an abundance of caution, a preconstruction burrowing owl clearance survey shall be conducted prior to development to ensure burrowing owl remain absent from the project site. San Bernardino Kangaroo Rat The San Bernardino kangaroo rat, federally listed as endangered, is one of several kangaroo rat species in its range. The Dulzura, the Pacific kangaroo rat (Dipodomys agilis) and the Stephens kangaroo rat (Dipodomys stephensi) occur in areas occupied by the San Bernardino kangaroo rat, but these other species have a wider habitat range. The habitat of the San Bernardino kangaroo rat is described as being confined to pioneer and intermediate Riversidean Alluvial Fan Sage Scrub (RAFSS) habitats, with sandy soils deposited by fluvial (water) rather than Aeolian (wind) processes. Burrows are dug in loose soil, usually near or beneath shrubs. The San Bernardino kangaroo rat is one of three subspecies of the Merriam’s kangaroo rat. The Merriam’s kangaroo rat is a widespread species that can be found from the inland valleys to the deserts. The subspecies known as the San Bernardino kangaroo, however, is confined to inland valley scrub communities, and more particularly, to scrub communities occurring along rivers, streams and drainages. Most of the drainages have been historically altered as a result of flood control efforts and the resulting increased use of river resources, including mining, off-road vehicle use and road and housing development. This increased use of river resources has resulted in a reduction in both the amount and quality of habitat available for the San February 6, 2026 Page 9 The Resort at the Arboretum Biological Resources Assessment Bernardino kangaroo rat. The past habitat losses and potential future losses prompted the emergency listing of the San Bernardino kangaroo rat as an endangered species (USFWS, 1998a). PCE’s are physical or biological features essential to the conservation of a species for which its designated critical habitat is based on. Examples of PCE’s include food, water, space for individual and population growth, cover or shelter, etc. The PCEs essential to support the biological needs of foraging, reproducing, rearing of young, intra- specific communication, dispersal, genetic exchange, or sheltering for San Bernardino kangaroo rat are: 1. River, creek, stream, and wash channels; alluvial fans, flood plains, flood benches and terraces; and historic braided channels that are subject to dynamic geomorphological and hydrological processes; 2. Alluvial sage scrub and associated vegetation such as coastal sage scrub and chamise chaparral with a moderately open canopy; 3. Soil series consisting of sand, sandy loam, or loam within its geographical range; and 4. Upland areas proximal to flood plains containing suitable habitat (land adjacent to alluvial fan that provides refugia). San Bernardino kangaroo rat is known to occur within Lytle Creek. The project site has been generally removed from the hydrological influences of Lytle Creek since the installation of Interstate 15 and associated flood control infrastructure since the mid-1900’s, resulting in the on-site RAFSS plant community no longer exhibiting the dynamic vegetative succession and diversity typical of this plant community. In addition, the development of extensive residential neighborhood tracts in the mid-1990’s thoroughly isolated the project site from suitable habitats within downstream portions of Lytle Creek. The project site supports a chamise chaparral plant community which varies in vegetative density. Additionally, areas of the project site are disturbed from vehicle access and adjacent development. Field sign for kangaroo rat, including San Bernardino kangaroo rat, is distinctive and readily noted in the field. No sign (e.g., San Bernardino kangaroo rat characteristic burrows, dusting baths, and/or tail drags) was observed during the field investigation. Additionally, the project site no longer is subject to the hydrologic influence of Lytle Creek due to the channelization of Lytle Creek for flood control purposes. Based on these conditions, it was determined that the project site does not provide the requisite habitat elements needed by San Bernardino kangaroo rat to be present. Therefore, it was determined that San Bernardino kangaroo rat is presumed absent from the project site. No focused surveys are recommended. California Gnatcatcher California gnatcatcher is a federally threatened species with restricted habitat requirements, being an obligate resident of sage scrub habitats that are dominated by California sagebrush. This species generally occurs below 750 feet elevation in coastal regions and below 1,500 feet inland. According to J. Atwood and J. Bolsinger (1992), 99% of all California gnatcatcher observations are in areas with elevations below 950 feet. There are reported occurrences of California gnatcatcher at 1,600 feet elevation (500 meters). California gnatcatcher ranges from Ventura County south to San Diego County and northern Baja California and is less common in sage scrub with a high percentage of tall shrubs. It prefers habitat with more low-growing vegetation. California gnatcatchers breed between mid-February and the end of August, with peak activity from mid-March to mid-May. Population estimates indicate that there are approximately February 6, 2026 Page 10 The Resort at the Arboretum Biological Resources Assessment 1,600 to 2,290 pairs of coastal California gnatcatcher remaining. Declines are attributed to loss of sage scrub habitat due to development, as well as cowbird nest parasitism. California gnatcatcher are ground and shrub-foraging insectivores, feeding on small insects and other arthropods. A California gnatcatcher’s territory is highly variable in size and seems to be correlated with distance from the coast, ranging from less than 1 ha to over 9 ha. In a 1998 study, biologist Patrick Mock concluded that California gnatcatcher in the inland region require a larger territory than those on the coast in order to meet the nutritional requirements needed for survival and breeding. The Primary Constituent Elements (PCEs)3 essential to support the biological needs of foraging, reproducing, rearing of young, intra-specific communication, dispersal, genetic exchange, or sheltering for California gnatcatcher that were surveyed for include: 1. Dynamic and Successional sage scrub Habitats and Associated Vegetation (Diegan Coastal Sage Scrub, Coastal Sage-Chaparral Scrub, etc.) that provide space for individual and population growth, normal behavior, breeding, reproduction, nesting, dispersal and foraging; and 2. Non-sage scrub habitats such as chaparral, grassland, and riparian areas, in proximity to sage scrub habitats have the potential to provide linkages to help with dispersal, foraging and nesting. The project site ranges in approximate elevation from 1,826 to 1,847 feet above mean sea level, which is above the known elevational range of California gnatcatcher. Ninety-nine percent of all California gnatcatcher observations occur below 950 feet above msl. California gnatcatcher’s preferred habitat is coastal sage scrub dominated by California sage brush. The project site does not support coastal sage scrub habitat. In addition, the site is isolated from California gnatcatcher occupied coastal sage scrub habitats and linkage areas in the region by surrounding development. Given the community present onsite, plus the lack of any observation of California gnatcatcher in north Fontana and isolation of the site due to the recent development of surrounding properties, it is highly unlikely that the site might support this species. Therefore, California gnatcatcher is presumed to be absent from the project site. No further surveys are recommended. Special-Status Plant Communities According to the CNDDB, three (3) special-status plant communities have been reported in the Devore USGS 7.5-minute quadrangle: RAFSS, Southern Riparian Forest, and Southern Sycamore Alder Riparian Woodland (refer to Attachment D). No special-status plant communities were observed onsite at the time of the investigation. Due to recent and historic disturbances associated with surrounding development, the vegetation supported by the project site does not support characteristics for special-status plant communities to reside. 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 3 Specific elements of physical and biological features that provide for a species’ life-history process and are essential to the conservation of the species. February 6, 2026 Page 11 The Resort at the Arboretum Biological Resources Assessment species at the time it is listed that include the physical or biological features that are essential to the survival and eventual recovery of that species. Maintenance of these physical and biological features requires special management considerations or protection, regardless of whether individuals or the species are present or not. All federal agencies are required to consult with the USFWS regarding activities they authorize, fund, or permit which may affect a federally listed species or its designated Critical Habitat. The purpose of the consultation is to ensure that projects will not jeopardize the continued existence of the listed species or adversely modify or destroy its designated Critical Habitat. The designation of Critical Habitat does not affect private landowners, unless a project they are proposing is on federal lands, uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highways Administration or a Clean Water Act Permit from the United States Army Corps of Engineers). If there is a federal nexus, then the federal agency that is responsible for providing the funding or permit would consult with the USFWS. In 2002 the USFWS designated Critical Habitat for San Bernardino kangaroo rat, and the project site was included within the designated area. Subsequently, in 2008 the USFWS reduced the boundaries of their previously designated Critical Habitat which removed the project site from designation. The lack of the needed habitat features within the project site, as well as in north Fontana, prompted USFWS to remove the Critical Habitat designation in this area. Finally, at the beginning of 2011 the original (2002) designated Critical Habitat was reinstated by a federal district court ruling which overturned the reduced (2008) designated Critical Habitat. Currently the project site is located within designated Critical Habitat Unit 2, Lytle Creek/Cajon Wash. Refer to Exhibit 5, Critical Habitat in Attachment A. However, since the project does not have a federal nexus, a Section 7 consultation with the USFWS would not be required for loss or adverse modification of Critical Habitat. If a federal nexus does occur, a Section 7 Consultation will have to be initiated with USFWS. Conclusion Based literature review and field survey, and existing site conditions discussed in this report, implementation of the project is not expected to have 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, since there is no federal nexus, or regional wildlife corridors/linkages because none exist 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 In order to ensure impacts to special-status avian species (i.e., Bell’s sage sparrow, California horned lark, Cooper’s hawk, Costa’s hummingbird, and loggerhead shrike) do not occur from implementation of the proposed project, a pre-construction nesting bird clearance survey shall be conducted prior to ground disturbance. With implementation of the pre-construction nesting bird clearance survey, impacts to special- status avian species will be less than significant and no mitigation will be required. February 6, 2026 Page 12 The Resort at the Arboretum Biological Resources Assessment Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey should be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities should stay outside of a no-disturbance buffer. The size of the no-disturbance buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur. As part of the nesting bird clearance, 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 Attachment B Site Plan INTERSTATE15 INTERSTATE10 CALIFORNIA210 CALIFORNIA66 Attachment C Site Photographs Attachment C – Site Photographs Photograph 1: From the northwest corner of the project site, looking east along the northern boundary. Photograph 2: From the middle of the northern boundary of the project site, looking south. Attachment C – Site Photographs Photograph 3: From the northeastern portion of the site looking west along the northern boundary. Photograph 4: From the northeastern portion of the site looking south along the eastern boundary and Sierra Avenue. Attachment C – Site Photographs Photograph 5: From the southeastern portion of the project site looking west at the on-site development. Photograph 6: From the southeastern portion of the project site looking west towards the on-site detention basin. Attachment C – Site Photographs Photograph 7: From the southwest portion of the project site looking east along the southern boundary and Duncan Canyon Road. Photograph 8: Representative photo of the on-site chamise chaparral plant community. Attachment C – Site Photographs Photograph 9: Representative photo of the on-site disturbed land in the central portion of the project site. Photograph 10: Representative photo of the on-site water detention basin in the southeastern portion of the project site. Attachment D Potentially Occurring Special-Status Biological Resources Attachment D – Potentially Occurring Special-Status Biological Resources Table D-1: Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Aimophila ruficeps canescens southern California rufous-crowned sparrow Fed: CA: None WL canyons. Prefers coastal sage scrub dominated by California sagebrush (Artemisia californica) but can also be found breeding in coastal bluff scrub, low- No Presumed Absent The project site lies outside of the known elevation range for this species. 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Aquila chrysaetos golden eagle Fed: CA: None FP; WL except densely forested areas. Favors secluded cliffs with overhanging ledges and large trees for nesting and cover. Hilly supported by updrafts is generally preferred to flat habitats. Deeply cut canyons rising to open mountain slopes and crags No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Ardea alba great egret Fed: CA: None None mountains and deserts. Feeds and rests in fresh, and saline emergent wetlands, along the margins of estuaries, lakes, and slow-moving streams, on mudflats and salt ponds, and in No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Ardea herodias great blue heron Fed: CA: None None shallow estuaries and fresh and saline emergent wetlands. Less common along riverine and rocky marine shores, in croplands, No Presumed Absent There is no suitable habitat 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, areas where the soil is loose and sandy which allows for burrowing. No Presumed Absent There is no suitable habitat present within or adjacent to the project site. On-site soils do not provide suitable Artemisiospiza belli belli Bell's sage sparrow Fed: CA: None WL chamise. Also found in coastal sage scrub in south of range. No Moderate Suitable nesting and foraging habitat present onsite. However, habitat onsite is degraded and isolated from Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur 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 Low Suitable foraging habitat onsite. However, onsite habitat is isolated by existing development and no observations have been recorded in the area. Astur 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 High Suitable foraging habitat is present within and surrounding the site. No suitable nesting opportunities are present. This species is adapted to urban environments and occurs Athene cunicularia burrowing owl Fed: CA: None CE in some landscapes highly altered by human activity. Occurs scrublands characterized by low-No Presumed Absent The project site does not provide line-of-sight foraging opportunities preferred by burrowing owl. Further, no suitable burrows (>4 inches in diameter) were observed. Bassariscus astutus octavus southern California ringtail Fed: CA: None FP most common at elevations ranging from sea level to 1400 m. Found in a variety of habitats, they prefer habitats with rocky outcroppings, canyons, or talus slopes and can be found in semi-arid country, deserts, chaparral, oak woodlands, pinyon pine woodlands, juniper woodlands, montane conifer forests, No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Batrachoseps gabrieli San Gabriel slender salamander Fed: CA: None None the Mt. Baldy area of Los Angeles County and the western end of the San Bernardino Mountains in San Bernardino Co., with an elevation range of 1,200 - 5,085 feet. Occurs on talus slopes surrounded by a variety of conifer and montane hardwood species, including bigcone spruce, pine, white fir, incense No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Bombus crotchii Crotch bumble bee Fed: CA: None CE California east towards the Sierra-Cascade Crest and can be found uncommonly in western Nevada and south through Baja California. Inhabits grassland and scrub habitats in hotter and drier climates than most other bumblebee species and is only capable of tolerating a narrow range of climatic conditions. Feeds on a variety of annual and perennial plant species, classifying it as a dietary generalist. This species usually nests No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Bombus pensylvanicus American bumble bee Fed: CA: None None Nests below grass or underground. Feeds on pollen of a wide No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Buteo regalis ferruginous hawk Fed: CA: None WL found in sagebrush flats, desert scrub, low foothills, or along the edges of pinyon-juniper woodland. Feeds primarily on small mammals and typically found in agricultural or open No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Calypte costae Costa’s hummingbird Fed: CA: None None desert hummingbird that breeds in the Sonoran and Mojave Deserts. Departs desert heat moving into chaparral, scrub, and No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Chaetodipus fallax fallax northwestern San Diego pocket mouse Fed: CA: None None 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 deser No Presumed Absent There is no suitable habitat present within or adjacent to the project site. On-site soils do not provide suitable burrowing conditions. Chaetodipus fallax pallidus pallid San Diego pocket mouse Fed: CA: None None Occurs in sandy herbaceous areas, usually in association with rocks or coarse gravel in desert wash, desert scrub, desert succulent scrub, and pinyon-juniper communities. No Presumed Absent There is no suitable habitat present within or adjacent to the project site. On-site soils do not provide suitable 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Dipodomys merriami parvus San Bernardino kangaroo rat Fed: CA: END CE; SSC 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 No Presumed Absent The historical RAFSS within the project site has degraded significantly and has been isolated from surrounding hydrological influences for several decades and Dipodomys simulans Dulzura kangaroo rat Fed: CA: None None Riversidean alluvial fan sage scrub, and peninsular juniper woodland habitats. No Presumed Absent There is no suitable habitat present within or adjacent to the project site. On-site soils do not provide suitable Elanus leucurus white-tailed kite Fed: CA: None FP habitats, agricultural areas, wetlands, and oak woodlands. Uses trees with dense canopies for cover. Important prey item No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Empidonax traillii extimus Southwestern willow flycatcher Fed: CA: END END of deciduous trees and shrubs, especially willows or along woodland edges. Often near streams or marshes. Winters around clearings and second growth in the tropics, especially No Presumed Absent No suitable habitat is present within or adjacent to the project site. Eremophila alpes tris actia California horned lark Fed: CA: None WL 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 No High Suitable foraging habitat is present within and surrounding the project site. Falco mexicanus prairie falcon Fed: CA: None WL community types. Also occasionally found in open parklands within coniferous forests. During the breeding season, they are found commonly in foothills and mountains which provide No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Falco peregrinus anatum American peregrine falcon Fed: CA: DL DL California. Active nesting sites are known along the coast north of Santa Barbara, in the Sierra Nevada, and in other mountains of northern California. Breeds mostly in woodland, forest, and coastal habitats. Riparian areas and coastal and inland wetlands are important habitats yearlong, especially in No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Icteria virens yellow-breasted chat Fed: CA: None SSC 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Lanius ludovicianus loggerhead shrike Fed: CA: None SSC habitats. Prefers open country with scattered perches for No Presumed Absent There is no suitable habitat present Lepus californicus bennettii San Diego black-tailed jackrabbit Fed: CA: None None regions supporting shortgrass habitats. Openness of open No Present Observed foraging onsite. Neolarra alba white cuckoo bee Fed: CA: None None American southwest near the host plants for Perdita bee No Presumed Absent There is no suitable habitat present Neotoma lepida intermedia San Diego desert woodrat Fed: CA: None SSC and San Diego Counties. Prefers moderate to dense canopies, No Presumed Absent There is no suitable habitat present Nyctinomops femorosaccus pocketed free-tailed bat Fed: CA: None SSC succulent shrub, desert riparian, desert wash, alkali desert No Presumed Absent There is no suitable habitat present Oncorhynchus mykiss irideus pop. 10 steelhead – southern california DPS Fed: CA: END CE Found in permanent coastal streams from San Diego to the Smith River. No Presumed Absent There is no suitable habitat present Pandion haliaetus osprey Fed: CA: None WL 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Perognathus longimembris brevinasus Los Angeles pocket mouse Fed: CA: None SSC communities in and around the Los Angeles Basin. Prefers open ground with fine sandy soils. May not dig extensive No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Phrynosoma blainvillii coast horned lizard Fed: CA: None SSC 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 No Present Observed onsite during the survey. Polioptila californica californica coastal California gnatcatcher Fed: CA: THR SSC 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Rana muscosa southern mountain yellow-legged frog Fed: CA: END END; WL Occurs in lower elevation habitats characterized by rocky streambeds and wet meadows, while higher elevation habitats include lakes, ponds, and streams. Occupy streams in narrow, rock- No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Rhinichthys osculus ssp. 8 Santa Ana speckled dace Fed: CA: None SSC Requires permanent flowing streams within summer water temperatures of 17 – 20 degrees Celsius. Inhabits shallow cobble and gravel riffles and small streams that flow through No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Salvadora hexalepis virgultea coast patch-nosed snake Fed: CA: None SSC No Presumed Absent There is no suitable habitat present Setophaga petechia yellow warbler Fed: CA: None SSC 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 domina alders or in mature chaparral. May also use oaks, conifers, and No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Spinus lawrencei Lawrence’s finch Fed: CA: None None associated with oaks. Nests in open oak or other arid woodland No Presumed Absent There is no suitable habitat present Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Strix occidentalis occidentalis California spotted owl Fed: CA: None SSC and snags, high basal areas of trees and snags, dense canopies, multiple canopy layers, and downed woody debris. Large old No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Taxidea taxus American badger Fed: CA: None SSC 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Vireo bellii pusillus least Bell’s vireo Fed: CA: END END feature dense cover within 1-2 meters of the ground and a 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. SPECIAL-STATUS PLANT SPECIES Ambrosia monogyra singlewhorl burrobush CA: None 2B.2 Found in sandy soils within chaparral and Sonoran Desert scrub habitat. Found at elevations ranging from 33 to 1,640 No Presumed Absent There is no suitable habitat present 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 330 to No Presumed Absent There is no suitable habitat present within or adjacent to the project site. 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 900 to 4,005 feet. Blooming No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Chorizanthe xanti var. leucotheca white-bracted spineflower Fed: CA: CNPS: None None 1B.2 Found in sandy or gravelly soils within coastal scrub (alluvial fans), Mojavean desert scrub, pinyon and juniper woodland habitats. Found at elevations ranging from 984 to 3,937 feet. No Presumed Absent There is no suitable habitat present within the project site. Cryptantha incana Tulare cryptantha Fed: CA: CNPS: None None 1B.3 Occurs in lower montane coniferous forest (gravelly or rocky). Found at elevations ranging from 4,692 to 7,054 feet above msl. Blooming period is from June to August. No Presumed Absent The project site occurs outside of the known elevation range for this Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Dodecahema leptoceras slender-horned spineflower Fed: CA: CNPS: END END 1B.1 within chaparral and coastal scrub (alluvial fan sage scrub) habitats. Found at elevations ranging from 655 to 2,495 feet. No Presumed Absent There is no suitable habitat present within the project site. Eriastrum densifolium ssp. sanctorum Santa Ana River woollystar Fed: CA: CNPS: END END 1B.1 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 No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Galium jepsonii Jepson's bedstraw Fed: CA: CNPS: None None 4.3 forest habitats. Found at elevations ranging from 5,052 to No Presumed Absent The project site occurs outside of the known elevation range for this Galium johnstonii Johnston’s bedstraw Fed: CA: CNPS: None None 4.3 forest habitats. Found at elevations ranging from 5,052 to No Presumed Absent The project site occurs outside of the known elevation range for this Horkelia cuneata var. puberula Mesa horkelia Fed: CA: CNPS: None None 1B.1 coastal scrub plant communities. Found at elevations ranging from 230 to 2,657 feet. Blooming period is from February to No Presumed Absent There is no suitable habitat present within or adjacent to the project site. Juglans californica southern California black walnut CA: None riparian woodland habitats. Found at elevations ranging from No Presumed Absent There is no suitable habitat present Lilium humboldtii ssp. ocellatum ocellated humboldt lily Fed: CA: CNPS: None None 4.2 coastal scrub, lower montane coniferous forest, and riparian woodland habitats. Found at elevations ranging from 98 to 5,906 feet in elevation. Blooming period is from March to No Presumed Absent There is no suitable habitat present within the project site. Lilium parryi lemon lily Fed: CA: CNPS: None None 1B.2 upper montane coniferous forests, meadows and seeps. Found at elevations ranging from 4,003 to 9,006 feet. Blooming No Presumed Absent The project site occurs outside of the known elevation range for this Lycium parishii Parish's desert-thorn CA: None Found at elevations ranging from 443 to 3,281 feet. Blooming No Presumed Absent There is no suitable habitat present Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur 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 The project site occurs outside of the known elevation range for this Monardella saxicola rock monardella Fed: CA: CNPS: None None 4.2 closed-cone coniferous forest, and lower montane coniferous forest habitats. Found at elevations ranging from 1,640 to No Presumed Absent There is no suitable habitat present within the project site. Opuntia basilaris var. brachyclada short-joint beavertail Fed: CA: CNPS: None None 1B.2 elevations ranging from 1,394 to 5,906 feet. Blooming period No Low Marginal habitat occurs onsite. However, species was not observed. Quercus durata var. gabrielensis San Gabriel oak CA: None at elevations ranging from 1,476 to 3,280 feet. Blooming No Presumed Absent There is no suitable habitat present Senecio astephanus San Gabriel ragwort CA: None bluff scrub habitats. Found at elevations ranging from 49 to 2,625 feet. Blooming period is from January to April. No Presumed Absent There is no suitable habitat present Streptanthus bernardinus Laguna Mountains jewelflower Fed: CA: CNPS: None None 4.3 clay or decomposed granite soils. It is sometimes found in disturbed areas such as streamsides or roadcuts. From 4,724 to 8,202 feet in elevation. Blooming period is from May to No Presumed Absent The project site occurs outside of the known elevation range for this species. Riversidian Alluvial Fan Sage Scrub CDFW Sensitive Habitat Occur within broad washes of sandy alluvial drainages that remain relatively dry through the remainder of the year. Is substrates that have a dearth of decomposed plant material. These areas do not develop into riparian woodland or scrub due floods. No Absent A degraded RAFSS is supported on-site. Following decades of on- site disturbances and removal from local hydrological influences by surrounding flood control infrastructure, the site no longer supports characteristic RAFSS species richness or vegetative cover. Southern Riparian Forest CDFW Sensitive Habitat cottonwood, and many other wetland plants. No Absent This plant community was not observed within or adjacent to the Attachment D – Potentially Occurring Special-Status Biological Resources Scientific Name Status Habitat Potential to Occur Southern Sycamore Alder Riparian Woodland CDFW Sensitive Habitat often occur along seasonally-flooded banks; cottonwoods and willows are also often present. Poison oak, mugwort, elderberry No Absent This plant community was not observed within or adjacent to the 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 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 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 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 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 There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates activities under the Fish and Game Code Section 1600-1616, and the Regional Board regulates activities pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act. Federal Regulations Section 404 of the Clean Water Act In accordance with the Revised Definition of “Waters of the United States”; Conforming (September 8, 2023), “waters of the United Sates” are defined as follows: (a) Waters of the United States means: (1) Waters which are: (i) 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) The territorial seas; or (iii) Interstate waters; (2) Impoundments of waters otherwise defined as waters of the United States under this definition, other than impoundments of waters identified under paragraph (a)(5) of this section; (3) Tributaries of waters identified in paragraph (a)(1) or (2) of this section that are relatively permanent, standing or continuously flowing bodies of water; (4) Wetlands adjacent to the following waters: (i) Waters identified in paragraph (a)(1) of this section; or (ii) Relatively permanent, standing or continuously flowing bodies of water identified in paragraph (a)(2) or (a)(3) of this section and with a continuous surface connection to those waters; (5) Intrastate lakes and ponds not identified in paragraphs (a)(1) through (4) of this section that are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3) of this section (b) The following are not “waters of the United States” even where they otherwise meet the terms of paragraphs (a)(2) through (5) of this section: (1) Waste treatment systems, including treatment ponds or lagoons, designed to meet the requirements of the Clean Water Act; (2) Prior converted cropland designated by the Secretary of Agriculture. The exclusion would cease upon a change of use, which means that the area is no longer available for the production of agricultural commodities. Notwithstanding the determination of an area's status as prior converted Attachment E – Regulations cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA; (3) Ditches (including roadside ditches) excavated wholly in and draining only dry land and that do not carry a relatively permanent flow of water; (4) Artificially irrigated areas that would revert to dry land if the irrigation ceased; (5) Artificial lakes or ponds created by excavating or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; (6) Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking dry land to retain water for primarily aesthetic reasons; (7) Waterfilled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States; and (8) Swales and erosional features (e.g., gullies, small washes) characterized by low volume, infrequent, or short duration flow. (c) In this section, the following definitions apply: (1) Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (2) Adjacent means having a continuous surface connection (3) High tide line means the line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. (4) Ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Attachment E – Regulations (5) Tidal waters means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by hydrologic, wind, or other effects. 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 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.