BIOLOGICAL ASSESSMENT...The purpose of this biological assessment (BA) is to review the proposed Marigold Heights Subdivision project (Project) area, in sufficient detail to determine

TOC Marigold Heights Subdivision Project Biological Assessment

BIOLOGICAL ASSESSMENT

For the

MARIGOLD HEIGHTS SUBDIVISION PROJECT

March 2018

Prepared for:

Community Construction Attn: Mark West

P.O. Box 6414 Chico, CA 95927

Prepared by:

Gallaway Enterprises 117 Meyers Street, Suite 120

Chico CA 95928 (530) 332-9909

www.gallawayenterprises.com


CONTENTS 1 INTRODUCTION .............................................................................................................. 1

1.1 Project Location ............................................................................................................................... 1

2 PROJECT DESCRIPTION ................................................................................................... 5

3 ACTION AREA ................................................................................................................. 5

3.1 Current and Historic Land Use ......................................................................................................... 5

3.2 Biological Conditions ........................................................................................................................ 5 3.2.1 Habitat Types ......................................................................................................................................... 5

3.3 Physical Conditions .......................................................................................................................... 6 3.3.1 Hydrology ............................................................................................................................................... 6 3.3.2 Topography ............................................................................................................................................ 6 3.3.3 Soils ........................................................................................................................................................ 6

4 SPECIES AND HABITAT CONSIDERED ............................................................................... 6

4.1 Consultation to Date ........................................................................................................................ 6

4.2 Species Included in the Analysis ...................................................................................................... 9

4.3 Species Excluded from the Analysis ................................................................................................. 9

4.4 Critical Habitat ............................................................................................................................... 11

5 SPECIES ACCOUNTS ...................................................................................................... 11

5.1 Botanical Species ........................................................................................................................... 11 5.1.1 Butte County meadowfoam................................................................................................................. 11 5.1.2 Slender Orcutt Grass ............................................................................................................................ 13

5.2 Aquatic Species .............................................................................................................................. 13 5.2.1 Vernal pool tadpole shrimp ................................................................................................................. 13 5.2.2 Vernal pool fairy shrimp ...................................................................................................................... 14

5.3 Factors Affecting Vernal Pool Species in Tehama County ............................................................. 14

6 EFFECTS ON SPECIES AND HABITAT .............................................................................. 15

6.1 Direct Effects .................................................................................................................................. 15 6.1.1 Butte County Meadowfoam ................................................................................................................ 15 6.1.2 Slender Orcutt Grass ............................................................................................................................ 15 6.1.3 Vernal Pool Tadpole Shrimp ................................................................................................................ 15 6.1.4 Vernal Pool Fairy Shrimp...................................................................................................................... 15

6.2 Indirect Effects ............................................................................................................................... 17 6.2.1 Butte County Meadowfoam ................................................................................................................ 17 6.2.2 Slender Orcutt Grass ............................................................................................................................ 17 6.2.3 Vernal Pool Fairy Shrimp and Vernal Pool Tadpole Shrimp ................................................................. 17


6.3 Interrelated and/or Interdependent Effects from Other Projects ................................................. 17

6.4 Cumulative Effects ......................................................................................................................... 18

7 MITIGATION ................................................................................................................ 18

7.1 Direct Impacts Mitigation .............................................................................................................. 18 7.1.1 Butte County Meadowfoam ................................................................................................................ 18 7.1.2 Slender Orcutt Grass ............................................................................................................................ 18 7.1.3 Vernal Pool Tadpole Shrimp and Vernal Pool Fairy Shrimp ................................................................. 18

7.2 Indirect Impacts Mitigation............................................................................................................ 19 7.2.1 Butte County Meadowfoam ................................................................................................................ 19 7.2.2 Slender Orcutt Grass ............................................................................................................................ 19 7.2.3 Vernal Pool Tadpole Shrimp and Vernal Pool Fairy Shrimp ................................................................. 19

8 AVOIDANCE AND MINIMIZATION MEASURES ............................................................... 20

9 DETERMINATION ......................................................................................................... 21

10 REFERENCES CONSULTED ............................................................................................. 22

11 LIST OF PREPARERS ...................................................................................................... 23

TABLES AND FIGURES Figure 1. Regional Map ................................................................................................................... 2 Figure 2. Location Map ................................................................................................................... 3 Figure 3. Action Area ....................................................................................................................... 4 Figure 4. CNDDB Occurrence Map .................................................................................................. 8 Figure 5. Critical Habitat Map ....................................................................................................... 12 Figure 6. Impacts Map .................................................................................................................. 16 Table 1. Vernal Pool Invertebrate Habitat Direct Impact Acres and Mitigation Acres Summary, Marigold Heights Subdivision. ...................................................................................................... 19

APPENDICES AND EXHIBITS Appendix A.........................................................................................................Project Site Photos Appendix B....................................................................................................................Species Lists Appendix C...............................................Past Survey Reports Prepared By NorthStar Engineering Exhibit A.....................................................................Draft Delineation of Waters of the U.S. Map

1 Marigold Heights Subdivision Project Biological Assessment

BIOLOGICAL ASSESSMENT MARIGOLD HEIGHTS SUBDIVISION PROJECT

Location:

City of Chico, Butte County, California Section 13, T 22N, R 1E

Richardson Springs CA 7.5 USGS Quadrangle

March 2018

Contact Person: Kevin Sevier, Senior Planner Phone Number: (530) 332-9909 Gallaway Enterprises Email: [email protected]

1 INTRODUCTION The purpose of this biological assessment (BA) is to review the proposed Marigold Heights Subdivision project (Project) area, in sufficient detail to determine to what extent the proposed action may affect any of the threatened, endangered, proposed, candidate or sensitive species, and their habitats that have potential to occur within the Action Area of the Project. This BA was prepared in accordance with legal requirements set forth under Section 7 of the Endangered Species Act (ESA)(16 U.S.C. 15362), and follows the standards established in the National Environmental Policy Act (NEPA), ESA, and by the U.S. Fish and Wildlife Service (USFWS). The U.S. Army Corps of Engineers (Corps) will serve as the federal lead for Section 7 Consultation with the USFWS. 1.1 Project Location The proposed Project is located within the Richardson Springs 7.5’ United States Geological Survey (USGS) Quadrangle, Section 13, Township 22 North, Range 1 East, Mount Diablo Meridian, Latitude 39.76811, Longitude -121.81307, in the City of Chico, Butte County, California (Figures 1 and 2). The property on which the Project site is located is characterized as annual grassland. The eastern portion of the Project site has historically been used as a horse pasture. Within the annual grassland on the site, vernal pools, seasonal wetlands, and swales occur (Exhibit A; Draft Wetland Delineation Map). The proposed Action Area of the Project encapsulates all proposed construction activities (Figure 3). The Project site is an urban infill site with a small strip of annual grassland adjacent to the north of the site and residential development dominating the remainder of the adjacent land.

Marigold HeightsRegional Map

Figure 1M 0 1,000 2,000 Feet1:24,000

Data Sources: ESRI, USGS, USFWS, Butte County GE: #18-003 Map Date: 02/21/18

Property Boundary - (4.9 acres)

1 inch = 2,000 feet

1:85,000

USGS 7.5' Quad: Richardson SpringsLand Grant Arroyo Chico

UTM Zone 10

Project Location

122° 7' 23.4125" W 39° 56' 11.9779" N

Marig

old Av

e

East Ave

GE: #18-003 Map Date: 02/15/18

Marigold HeightsLocation Map

Figure 2M Data Sources: ESRI, Butte County, Wes Gilbert Engineering: 08/15/18

0 600 Feet1:7,500 1 inch = 625 feet

Property Boundary - (4.9 acres)

122° 7' 23.4125" W 39° 56' 11.9779" N

GE: #18-003 Map Date: 03/06/18

Marigold HeightsAction Area

Figure 3M Data Sources: ESRI, Butte County, Wes Gilbert Engineering: 08/15/18

0 25 50 Feet1:1,100 1 inch = 92 feet

Action Area - (4.9 acres)


2 PROJECT DESCRIPTION A residential subdivision is proposed to be constructed within the Project site. Complete build-out of the site is proposed.

3 ACTION AREA The Action Area includes all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action. The Action Area for the proposed Project includes the 5-acre site which encompasses all environmental resources that will be affected directly or indirectly (Figure 3). Due to the minimal amount of adjacent open land with wetlands present and the Project site topography, which is down-gradient of the open land, there will be no impacts to federally listed species or their habitat outside the Project boundary; therefore, the Action Area is confined to the Project boundary. 3.1 Current and Historic Land Use The Project site and surrounding land are grassland. A review of historic aerials shows that the western portion of the site has been minimally disturbed and the eastern portion of the site has been historically used as a horse pasture. 3.2 Biological Conditions Topography and soil type throughout the Action Area create annual grassland habitat with vernal pools, seasonal wetlands and swales. The Action Area consists of 1 habitat type. The following describes the habitat type present in the Action Area. 3.2.1 Habitat Types Annual Grassland/Vernal and Seasonal Wetlands Annual grassland is the dominate habitat type within the Action Area (Appendix A; Project Site Photographs). Vegetation observed within this habitat type consisted primarily of annual grasses and forbs. The site was dominated by yellow-star thistle (Centaurea solstitialis), medusahead grass (Elymus caput-medusae), Fitch’s spikeweed (Centromadia fitchii), wild oats (Avena sp.), and long-beaked stork’s-bill (Erodium botrys). Within the eastern portion of the site, due to heavy grazing from horses, dominant plants observed included annual bluegrass (Poa annua) and a variety of clovers (Trifolium spp.) Several vernal pools and swales occur as a component of the annual grassland habitat (Exhibit A). Vernal pools are depressional features that pond water during the winter and spring months due to water perching above a hardpan and dry during the late spring to summer months. Swales are low drainage pathways that typically connect to and help feed wetland or other water features. Vernal pools within the Action Area are relatively shallow with vegetated


bottoms, and surrounded by upland grassland (Appendix A). These types of vernal pools are often small and are inundated with water for a short period of time. Identifiable vegetation within the vernal pools included Mediterranean barley (Hordeum marinum ssp. gussoneanum), yellow carpet (Blennosperma nanum), water starwort (Callitriche heterophylla), popcorn flower (Plagiobothrys stipitatus), and coyote thistle (Eryngium castrense). A deep seasonal wetland (WF11) occurs in approximate center of the Action Area (Exhibit A). Seasonal wetlands are depressional features that pond water for significantly longer durations than vernal pools. The seasonal wetland within the Project site was inundated with approximately 2 feet of water during the February field survey date. 3.3 Physical Conditions 3.3.1 Hydrology Precipitation and localized surface runoff function as the main hydrological inputs for all of the vernal features within the Project site. The vernal pools and vernal swale are connected via surface sheet flow. During the February field visit, water was pooling within all of the vernal pools and within the seasonal wetland. Within the swales soils were saturated or wet. The main swale, WF 08, collects the surface runoff and drains toward the southwest into a City storm drain (Exhibit A). 3.3.2 Topography The Project site ranges in elevation from 243 to 250 feet above sea level and slopes slightly to the southwest. Slopes ranged between 0 and 2 percent. 3.3.3 Soils Two soil map units occur within the Action Area per a query of the National Cooperative Soil Survey database. These soil map units include the Redtough-Redswale, 0 to 2 percent slopes; and Redsluff gravelly loam, 0 to 2 percent slopes. Within the Action Area, the primary soil type is the Redtough-Redswale, 0 to 2 percent slopes soil map unit. The 2 soil map units are characterized as loams with gravel present and a restrictive layer ranging from 4 to more than 80 inches in depth.

4 SPECIES AND HABITAT CONSIDERED 4.1 Consultation to Date The USFWS online Information for Planning and Conservation (IPaC) was consulted on February 7, 2018, for a list of endangered, threatened, sensitive and rare species, and critical habitats


that could potentially occur within the Action Area. A formal Delineation of Waters of the U.S. was performed on February 5, 2018 by Gallaway Enterprises and will be submitted to the U.S. Army Corps of Engineers (Corps) for a jurisdictional determination. References Consulted Gallaway Enterprises obtained lists of special-status species that occur in the vicinity of the Action Area. The California Natural Diversity Database (CNDDB) Geographic Information System (GIS) database was also consulted and showed special-status species and critical habitat within a five (5) mile radius of the Action Area (Figure 4). Other primary sources of information regarding the occurrence of federally listed threatened, endangered, purposed and candidate species, and their habitats within the Action Area used in the preparation of this BA are:

• The USFWS IPAC Trust Resource Report and Official Species List for the Project site (Appendix B; Species Lists);

• The results of a species record search of the California Department of Fish and Wildlife (CDFW) CNDDB, RareFind 5, for the 7.5 minute USGS “Richardson Springs, CA” quadrangle (Appendix B);

• The review of the California Native Plant Society (CNPS) Inventory of Rare and Endangered Vascular Plants of California for the 7.5 minute USGS “Richardson Springs, CA” and 8 surrounding quadrangles (Appendix B);

• USFWS Critical Habitat Portal, February 7, 2018;

• Surveys conducted by NorthStar Engineering in 2016 and 2017 (Appendix C; Past Survey Reports); and

• Gallaway Enterprises results from a habitat assessment within the Action Area conducted on February 5, 2018.

pallid bathoary bat

adobe-lily

bald eagle

silver-haired batleast Bell's vireo

big-scale balsamroot

adobe-lily

American peregrine falcon

American peregrine falcon

steelhead - Central Valley DPS

vernal pool tadpole shrimp

California linderiellavernal pool fairy shrimp

Butte County checkerbloom


valley elderberry longhorn beetle

bald eagle

Butte County meadowfoam

North American porcupine

tricolored blackbirdGreat Valley Mixed Riparian Forest

adobe-lily

foothill yellow-legged frog

woolly meadowfoam

western spadefootGreat Valley Valley Oak Riparian Forest

Great Valley Valley Oak Riparian Forest

woolly meadowfoam





chinook salmon - Central Valley spring-run ESU


woolly meadowfoam


Northern Volcanic Mud Flow Vernal Pool



California linderiella

woolly meadowfoam


flagella-like atractylocarpus

burrowing owl


Great Valley Mixed Riparian Forest



burrowing owl

burrowing owl


western spadefoot

western pond turtle





western pond turtle





California black rail

western spadefoot

Ahart's paronychia

vernal pool fairy shrimp

slender-leaved pondweed

Ahart's paronychia

woolly rose-mallow


California beaked-rush

Marigold HeightsCNDDB Occurrences

Figure 4M 0 0.5 1 Miles1:100,000

Data Sources: ESRI, USGS,CNDDB, Butte County GE: #18-003 Map Date: 02/15/18

Project Boundary - (4.9 acres)5 mile buffer

CNDDB OccurrencesPlantAnimalTerrestrial Comm.MultipleSensitive EO's


4.2 Species Included in the Analysis A current species list was obtained from the USFWS stating which threatened, endangered, and proposed species and their critical habitats were likely to occur within the Action Area. RareFind (5v) was used to access recent CNDDB data regarding listed and proposed species potentially occurring within the Project vicinity. This list was compared to similar lists compiled by Gallaway Enterprises biologists and botanists. After analyzing the distribution and habitat requirements of listed, proposed and candidate species, and the occurrence of habitat-types within the Action Area, the following species are considered to have the potential to occur in the Action Area and are addressed in this BA. Endangered Vernal pool tadpole shrimp (Lepidurus packardi) Butte County Meadowfoam (Limnanthes floccosa ssp. californica) Threatened Vernal pool fairy shrimp (Branchinecta lynchi) Slender Orcutt grass (Orcuttia tenuis)

4.3 Species Excluded from the Analysis The following species are listed by the USFWS as having potential to occur within the Project site and are presumed to be absent from the Action Area due to unsuitable habitat, lack of habitat connectivity, and absence of recorded observations in the area. Endangered Conservancy fairy shrimp (Branchinecta conservatio) Greene’s tuctoria (Tuctoria greenei) Threatened Hoover’s spurge (Chamaesyce hooveri) California red-legged frog (Rana draytonii) Giant garter snake (Thamnophis gigas) Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) Central Valley steelhead (Oncorhynchus mykiss) The following describes the reason for specific species absence in the Action Area. Conservancy fairy shrimp Conservancy fairy shrimp are federally listed as endangered. Conservancy fairy shrimp typically occur in large, moderately turbid, deep, cool-water vernal pools that tend to stay ponded until


June (USFWS 2005). Although vernal pools occur within the Project site, conservancy fairy shrimp are not expected to occur. The northern most known population is located within the Vina Plains Preserve, which is located more than 10 miles to the north of the Action Area (CNDDB Occurrence #44) at the northernmost point of Butte County (Eriksen and Belk 1999). In addition, the vernal features within the Project site are all small, shallow, and do not have the physical characteristics of vernal pools in which known occurrences have been found. As such, conservancy fairy shrimp are not likely to occur within the Action Area. No impacts to conservancy fairy shrimp will occur as a result of Project activities. Greene’s Tuctoria Greene’s tuctoria is federally listed as endangered. It occurs in grassland communities associated with vernal pool features, often on Anita clay soils. Greene’s tuctoria prefer sparsely vegetated vernal pools with stony beds. Plant species typically associated with Greene’s tuctoria and vernal pools with stony beds were not observed in the pools present within the Action Area. In addition, the closest known CNDDB record of Greene’s tuctoria is located approximately 12 miles northwest of the Action Area (CNDDB Occurrence #40) at the Vina Plains Preserve. The vernal pools within the Action area do not provide suitable substrate and Anita clay soils do not occur within the site; therefore, Greene’s tuctoria is not likely to occur within the Action Area and no impacts to Greene’s tuctoria will occur due to Project activities. Hoover’s Spurge Hoover’s spurge is federally listed as threatened. It is found in the drying beds of vernal pools on remnant alluvial fans and depositional stream terraces. They are usually found in deeper pools where there is little to no cover from other plants. Hoover’s spurge is known to co-occur with Greene’s tuctoria and hairy Orcutt grass (Orcuttia pilosa). Vernal pools present within the Action Area were too vegetated and none of the typical associate plant species were observed. The closest CNDDB occurrence of Hoover’s spurge occurs approximately 9 miles northwest of the Action Area (CNDDB Occurrence #23). The occurrence was observed in a deep artificial pond associated with an intermittent stream. The vernal pools within the Action Area are not on alluvial fans or depositional stream terraces, and do not support suitable habitat for Hoover’s spurge. There will be no impacts to Hoover’s spurge as a result of the Project activities. California red-legged frogs (CRLF) There is no suitable breeding or holding habitat within the Action Area for CRLF. These factors along with the complete lack of documented occurrences in the Central Valley since 1956 make a strong argument for the absence of the CRLF in the Action Area. There will be no impacts to CRLF as a result of Project activities.


Giant garter snake (GGS) The GGS is a federal and state listed threatened species. The GGS inhabits agricultural wetlands and other waterways such as irrigation and drainage canals, sloughs, ponds, small lakes, low gradient streams, and adjacent uplands in the Central Valley. The GGS relies heavily on rice fields in the Sacramento and San Joaquin Valley as a result of the direct loss of its natural environment, but also uses managed marsh areas in federal national wildlife refuges and state wildlife areas. The wetlands in the Action Area are small and seasonal and do not provide suitable aquatic GGS habitat. Without suitable aquatic habitat the grassland habitat within the Action Area would not be utilized as hibernaculum by GGS. In addition, there are no known occurrences of GGS north of the City of Chico. Giant garter snakes are unlikely to occur within the Action Area; therefore, will be no impacts to GGS as a result of Project activities. Valley elderberry longhorn beetle (VELB) The VELB is federally listed as threatened. The beetle is endemic to riparian systems along the margins of rivers and streams, and in adjacent grassy savannas in California’s Central Valley. The VELB carries out its entire life cycle on elderberry shrubs. There were no elderberry bushes observed in the Action Area based on the findings of field surveys conducted by Gallaway Enterprises. There will be no impacts to the VELB as a result of Project activities. Chinook Salmon and Steelhead There is no suitable habitat within the Action Area for anadromous fish. The seasonal swale within the Action Area is too ephemeral and shallow to provide suitable habitat. There will be no impacts to anadromous fish as a result of Project activities. 4.4 Critical Habitat The action addressed in this BA does not occur within designated critical habitat (Figure 5) However, critical habitat for Butte County meadowfoam (BCM), vernal pool fairy shrimp and vernal pool tadpole shrimp is located approximately 0.3 miles to the north/northeast of the Action Area.

5 SPECIES ACCOUNTS 5.1 Botanical Species 5.1.1 Butte County meadowfoam Butte County meadowfoam is listed under the ESA and CESA as endangered and ranked as a 1B.1 plant under the CNPS. It only occurs within a limited area on the valley floor in Butte County and is almost exclusively found on 3 geologic formations including Red Bluff pediment,

Steelh

ead

Chino

ok sa

lmon

Steelhead

Steelhead

Steelhead

Steelhead

Vernal pool fairy shrimp

Vernal pool tadpole shrimpButte County meadowfoam


Vernal pool fairy shrimpVernal pool tadpole shrimp

Conservancy fairy shrimp

Marigold HeightsCritical Habitat

Figure 5M 0 0.5 1 Miles1:90,000

Data Sources: ESRI, USGS, USFWS, Butte County GE: #18-003 Map Date: 02/21/18

Project Boundary - (4.9 acres)5 mile buffer

Critical habitatChinook salmonSteelheadButte County meadowfoamConservancy fairy shrimpVernal pool fairy shrimpVernal pool tadpole shrimp


strath terraces, and Lovejoy basalt. Butte County meadowfoam is a small annual plant with white petals and blooms from March through May. It can be found on the edges of vernal pools but is often found in the deepest portions of vernal swales. Current threats facing BCM is loss of habitat, changes in hydrology and invasive species. Distribution in Action Area The Action Area contains suitable habitat elements for BCM including suitable vernal wetland habitat and suitable soils. Also, there is a large known population of BCM located less than 1 mile to the north of the Action Area (CNDDB occurrence # 35). A protocol-level survey was prepared by NorthStar Engineering in 2016 for BCM and an additional survey was conducted in 2017 by NorthStar Engineering staff (Appendix C). BCM was not observed during these past surveys. 5.1.2 Slender Orcutt Grass Slender Orcutt grass is a federally threatened species. It is an annual, semi-aquatic grass that exhibits a unique C4 photosynthesis process as compared to most plants that exhibit a C3 photosynthesis process. It occurs in disjunct populations from northeastern California, west to Lake County, and south through the Central Valley to Sacramento County. Habitat degradation from urban development is the primary threat to the existence of the species (USFWS 2009). Slender Orcutt grass inhabits natural and artificial vernal pools, stream terraces, seasonal wetlands, stock ponds and barrow pits. Soil types supporting slender Orcutt grass are diverse and many are of volcanic origin. Its primary habitat includes large, deep vernal pools that maintain relatively long periods of inundation. Slender Orcutt grass is typically found growing in the deepest part of vernal pools. Distribution in Action Area There is marginal habitat for slender Orcutt grass only within the deepest seasonal wetland present within the Action Area. No previous protocol-level surveys for this plant species were conducted within the Action Area. There are no CNDDB occurrences of slender Orcutt grass within 5 miles of the Action Area. 5.2 Aquatic Species 5.2.1 Vernal pool tadpole shrimp Vernal pool tadpole shrimp are federally endangered species. They are a small crustacean in the Triopsidae family. The vernal pool tadpole shrimp is known from 18 populations in the Central Valley, ranging from east of Redding in Shasta County, south to the San Luis National Wildlife Refuge in Merced County, and from a single vernal pool complex on the San Francisco Bay National Wildlife Refuge in the City of Fremont, Alameda County (USFWS 1996). They inhabit vernal pools containing clear to highly turbid water, ranging in size from 54 square feet in the former Mather Air Force Base area of Sacramento County, to the 89-acre Olcott Lake at Jepson


Prairie. Their diet consists of organic debris and living organisms, such as fairy shrimp and other invertebrates (USFWS 1996). Distribution in Action Area No protocol-level surveys for branchiopods were conducted within the Action Area. There are multiple known CNDDB occurrences of vernal pool tadpole shrimp within 1 mile of the Action Area (CNDDB Occurrence #55, 58, 59, and 157), the vernal pool and seasonal wetland features within the Project site provide suitable habitat. As such, vernal pool tadpole shrimp are assumed to be present within the vernal features present in the Action Area. 5.2.2 Vernal pool fairy shrimp Vernal pool fairy shrimp are federally threatened species. They are widespread but not abundant. Known populations occur in California to southern Oregon. Their geographic range encompasses most of the Central Valley from Shasta County to Tulare County and the central coast range from northern Solano County to Santa Barbra County, California: additional disjunctive occurrences have been identified in western Riverside County, California, and in Jackson County, Oregon, near the city of Medford. The vernal pool fairy shrimp occupies a variety of different vernal pool habitats, from small, clear, sandstone rock pools to large, and turbid, alkaline, grassland valley floor pools. Occupied habitats range in size from rock outcrops pools as small as one square meter to large vernal pools up to 12 acres. Smaller vernal pools are the most commonly occupied and are found more frequently in grass or mud bottomed swales, or basalt flow depression pools in unplowed grasslands. Vernal pool fairy shrimp have been collected from early December to early May (USFWS 2004). Distribution in Action Area No protocol-level surveys for branchiopods were conducted within the Action Area; however, multiple known CNDDB occurrences of vernal pool fairy shrimp were identified within 1 mile of the Action Area (CNDDB Occurrence #121 and 689) and the vernal pool and seasonal wetland features within the Action Area provide suitable habitat. As such, vernal pool fairy shrimp are assumed to be present within the vernal features present in the Action Area. 5.3 Factors Affecting Vernal Pool Species in Tehama County Vernal pools within the Action Area are remnants of what was formerly a vast, contiguous, pristine vernal pool ecosystem. Fragmentation by a variety of human-caused activities, primarily urban development, water supply/flood control projects and conversion of land to agricultural use has resulted in small isolated vernal pool habitats and vernal pool species populations. Ecological theory predicts that such populations will be highly susceptible to extinction due to chance events, inbreeding depression, or additional environmental disturbance. Other factors have contributed to declines in vernal pool species as well. Vernal pool hydrology can be altered by a variety of activities, including the construction of roads,


trails, ditches, or canals which can block the flow of water into, or drain water away from the vernal pools and vernal pool complexes. Vernal pool crustaceans are highly sensitive to the water chemistry of their habitats and contamination of vernal pools may injure or kill them. In addition, vernal pool habitats have declined as a result of a variety of other incompatible land uses including off-road vehicle use, dumping, and invasion of non-native species, vandalism, erosion and sedimentation. Holland (1978) estimated that between 60 and 85 percent of the habitat that once supported vernal pools, had been destroyed by 1973. Since 1973, a substantial amount of remaining habitat has been converted for human uses. The rate of loss of vernal pool habitat in the state has been estimated at two to three percent per year (Holland and Jain 1988). Rapid urbanization of the Central Valley of California currently poses the most severe threat to the continued existence of the listed vernal pool crustaceans and vernal pool endemic plants.

6 EFFECTS ON SPECIES AND HABITAT 6.1 Direct Effects Direct effects occur at, or very close to, the time of the action itself. Examples include loss of habitat or sedimentation resulting from construction activities. There will be no direct effects to critical habitat since the Action Area is not located in designated critical habitat. 6.1.1 Butte County Meadowfoam The proposed Project is not anticipated to have any direct effects on BCM since BCM has not been observed within the Action Area based on past surveys conducted on the site. 6.1.2 Slender Orcutt Grass Protocol-level surveys for slender Orcutt grass to determine its presence or absence within the Action Area will be conducted during the appropriate blooming period for the plant in the summer of 2018. Only the one deepest seasonal wetland (WF 11) contains suitable habitat for this species, which encompasses a total of 0.126 acre (Exhibit A). The results of the 2018 survey will be provided to the USFWS upon completion. 6.1.3 Vernal Pool Tadpole Shrimp The proposed Project will directly impact 0.285 acre of vernal pools within the Project area that potentially support vernal pool tadpole shrimp (Figure 6). Vernal pool tadpole shrimp may be directly impacted by the filling of vernal pools as a result of Project. 6.1.4 Vernal Pool Fairy Shrimp The proposed Project will directly impact 0.285 acre of vernal pools within the Project area that potentially support vernal pool fairy shrimp (Figure 6). Vernal pool fairy shrimp may be directly impacted by the filling of vernal pools as a result of Project.

WF08 WF11

WF05WF07

WF10

WF01

WF06WF02

WF09WF03

WF04

WF05

122° 7' 23.4125" W 39° 56' 11.9779" N

Marig

old Av

e

GE: #18-003 Map Date: 02/23/18

Marigold HeightsFederally Listed Species (FLS) Habitat Impacts Assessment

Figure 6M Data Sources: ESRI, USGS, Wes Gilbert Engineering: 08/15/17

0 50 100 Feet

1:1,000 1 inch = 83 feet

Project Boundary- (4.9 acres)Non Habitat Impacts

Not Habitat for Vernal Pool Invertebrates - (0.199 acres)FLS Habitat Impacts

Directly Impacted Vernal Pool Invertebrate Habitat - (0.285 acres)Preliminary Wetland Features - (0.484 acres)

Seasonal SwaleSeasonal WetlandVernal PoolVernal Swale

The features represented on this graphicare considered preliminary until written

verification by the USACE.


6.2 Indirect Effects Indirect effects are caused by, or result from a proposed action, occur later in time, and are reasonably certain to occur. As a general rule, indirect impacts are typically calculated by mapping all vernal wetlands that represent suitable habitat within 250 feet of proposed construction in which indirect impacts could occur. However, depending on site conditions proposed construction may occur closer than 250 feet from suitable habitat and not result in indirect impacts. The determination of indirect impacts was based on the location of suitable habitat in relation to proposed construction taking into consideration topographic relief, the location of surface obstacles such as roads, large swaths of grassland that separate vernal wetlands and the physical characteristics of wetlands. These site conditions will prevent indirect impacts such as potential soil erosion generated from construction activities and changes in the hydrology around suitable habitat from occurring. 6.2.1 Butte County Meadowfoam No vernal features with suitable habitat for BCM will be indirectly impacted by Project activities. The Project site slopes to the southwest, away from all potentially suitable habitat to the north of the Action Area, ensuring that the hydrology of adjacent WOTUS will not be indirectly impacted. 6.2.2 Slender Orcutt Grass No vernal features with suitable habitat for slender Orcutt grass occur within close proximity to the Action Area, therefore, the Project activities will not indirectly impact slender Orcutt grass or its habitat. Further, the Project site slopes to the southwest, away from all un-developed land to the north of the Action Area, ensuring that the hydrology of WOTUS that may be present will not be indirectly impacted. 6.2.3 Vernal Pool Fairy Shrimp and Vernal Pool Tadpole Shrimp No vernal features with suitable habitat for vernal pool fairy shrimp or vernal pool tadpole shrimp will be indirectly impacted by Project activities. The Project site slopes to the northeast away from all suitable habitat ensuring that the hydrology of WOTUS will not be indirectly impacted. 6.3 Interrelated and/or Interdependent Effects from Other Projects Interrelated actions are those that are part of a larger action and depend on the larger action that is under consideration. Interdependent actions are actions having no independent utility apart from the proposed action (50 CFR 402.02). There are no known interrelated or interdependent projects proposed; however, if an interrelated project occurs at some time in the future, the applicant will complete protocol level resource studies to determine if any impacts will occur and will consult with the USFWS as needed.


6.4 Cumulative Effects Cumulative effects are those impacts of future state, local and private actions affecting endangered and threatened species that are likely to occur in the Action Area (USFWS 1996). Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to Section 7. Due to the fact that the special-status vernal pool species covered in this report are endemic to vernal pools in the Central Valley, coastal ranges and a limited number of sites in the transverse range and Santa Rosa plateau of California, the USFWS anticipates that a wide range of activities will be determined to affect these species (USFWS 1996). Such activities include, but are not limited to, urban, water, flood control, highway and utility projects, as well as conversion of vernal pools to agricultural use. Natural occurrences, such as prolonged drought, can also affect vernal pool species. Although the Project site contains vernal features, the vernal features will be completely avoided. As such, the Project will have no cumulative effects on future or present populations of vernal pool species.

7 MITIGATION 7.1 Direct Impacts Mitigation 7.1.1 Butte County Meadowfoam No mitigation will be required, since BCM was not determined to occur within the Action Area based on 2 years of consecutive surveys. 7.1.2 Slender Orcutt Grass No mitigation will be required if slender Orcutt grass is not observed within the Action Area during the 2018 protocol-level survey to be conducted. If slender Orcutt grass is determined to occur, mitigation for the loss of the 0.126 acre of slender Orcutt grass habitat will be mitigated for at a 2:1 ratio at the Stillwater Mitigation Bank. This will require the purchase of a total of 0.252 acre of habitat/species credits. 7.1.3 Vernal Pool Tadpole Shrimp and Vernal Pool Fairy Shrimp To compensate for direct impacts to 0.285 acre of habitat that may support vernal pool tadpole and fairy shrimp , the Project proponent will purchase 0.29 acre of vernal pool creation (1:1 ratio) and 0.57 acre of vernal pool preservation (2:1 ratio) credits at the Meridian Ranch Mitigation Bank. Table 1 below summarizes the proposed mitigation plan.


Table 1. Vernal Pool Invertebrate Habitat Direct Impact Acres and Mitigation Acres Summary, Marigold Heights Subdivision.

7.2 Indirect Impacts Mitigation 7.2.1 Butte County Meadowfoam No mitigation will be required, since no indirect impacts to BCM or BCM habitat will occur. 7.2.2 Slender Orcutt Grass No mitigation will be required, since no indirect impacts to slender Orcutt grass or slender Orcutt grass habitat will occur. 7.2.3 Vernal Pool Tadpole Shrimp and Vernal Pool Fairy Shrimp No mitigation will be required, since no indirect impacts to vernal pool tadpole shrimp, vernal pool fairy shrimp or their habitat will occur.

Vernal Pools/ Invertebrate Habitat Credit Type

Acres Impacted Mitigation Ratio Acres to be Mitigated

Creation 0.285 1:1 0.29 Preservation 0.285 2:1 0.57

Total Mitigation Acres 0.86


8 AVOIDANCE AND MINIMIZATION MEASURES

a. The Project proponent shall include a copy of the Biological Opinion (BO), as applicable, within its construction documents making the primary contractor responsible for implementing all requirements and obligations included within the BO, and to educate and inform all other contractors involved in the Project as to the requirements of the BO.

b. The contractor will be responsible for understanding and following the guidelines set forth in the Section 404 permit and Section 401 water quality certification and the contractor will avoid and minimize potential construction-related water quality impacts through compliance with the RWQCB by preparing and submitting the following water quality permits and plans.

i. A National Pollutant Discharge Elimination System (NPDES) storm water permit for general construction activities.

ii. A Notice of Intent to obtain proper coverage under the State Construction General Permit.

c. The contractor shall ensure, when feasible, that activities that are inconsistent with the maintenance of the suitability of vernal pool crustacean habitat and the associated on-site watershed are prohibited. These include, but are not limited to:

i. the alteration of existing topography that may alter hydrology into habitat for Federally-listed vernal pool crustaceans;

ii. the placement of any equipment within suitable habitat; and iii. dumping, burning, and/or burying of rubbish, garbage, or any other wastes

and fill materials. d. Prior to the commencement of construction activities, high visibility fencing will be

erected around the habitats of the federally listed species to identify and protect these Environmentally Sensitive Areas (i.e. vernal pools) from encroachment of personnel and equipment. These areas will be avoided by all construction personnel. The fencing shall be inspected before the start of each work day and maintained by the contractor until completion of the Project. The fencing may be removed only when the construction of the Project is completed.

e. Construction timing will be confined to the summer months when WOTUS and suitable habitat within the project site are dry.

f. During construction operations, the number of access routes, number and size of staging areas, and the total area of the proposed project activity will be limited to the minimum necessary. Routes and boundaries will be clearly demarcated. Movement of heavy equipment to and from the project site will be restricted to established roadways to minimize habitat disturbance.

g. During construction operations, stockpiling of construction materials, portable equipment, vehicles and supplies will be restricted to the designated construction staging areas and exclusive of the ESAs.


9 DETERMINATION Based on the analysis as documented in this BA, the proposed Marigold Heights Subdivision Project:

• will have “no effect” on BCM or BCM habitat since this species was not observed within the Action Area during past surveys conducted.

• will have “no effect” on slender Orcutt grass if the protocol-level survey to be conducted in summer of 2018 results in a negative finding. If slender Orcutt grass is determined to be present on the site, the Project “may affect, and is likely to adversely affect” slender Orcutt grass and the Project proponent will mitigate impacts to this species by purchasing habitat/species credits at a 2:1 ratio for direct impacts to occupied habitat.

• “may affect, and is likely to adversely affect” vernal pool fairy shrimp by directly filling vernal pool habitat that could potentially support this species. However, as part of Project implementation the Project proponent will mitigate impacts to this species by purchasing creation credits at a ratio of 1:1 and preservation credits at a ratio of 2:1 for direct impacts to suitable habitat.

• “may affect, and is likely to adversely affect” vernal tadpole shrimp by directly filling vernal pool habitat that could potentially support this species. However, as part of Project implementation the Project proponent will mitigate impacts to this species by purchasing creation credits at a ratio of 1:1 and preservation credits at a ratio of 2:1 for direct impacts to suitable habitat.


10 REFERENCES CONSULTED 71 FR 7118. Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants; Final Rule, (February 10, 2006) Volume 71. Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, and D. H. Wilken, editors. 2012. The Jepson Manual: vascular plants of California, second edition. University of California Press, Berkeley. California Department of Fish and Wildlife (CDFW). 1998. California Vernal Pool Assessment Preliminary Report. CDFW, Sacramento, California. California Native Plant Society (CNPS), Rare Plant Program. 2016. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. California Natural Diversity Database (CNDDB). 2016. Rarefind 5. California Department of Fish and Wildlife. Sacramento, California. Eriksen, C. and D. Belk. 1999. Fairy Shrimps of California’s Pools, Puddles, and Playas. Mad River Press, Eureka, California. Holland, R. F., and S. Jain. 1988. Vernal pools. Pages 515-533 In: M.E. Barbour and J. Major, eds. Terrestrial vegetation of California, new expanded edition. California Native Plant Society, Special Publication Number 9, Sacramento, CA. Holland, R.F. 1978. The geographic and edaphic distribution of vernal pools in the Great Central Valley, California. California Native Plant Society, Special Publication 4:1-12. Mayer, K.E and Laudenslayer, W.F. 1988. A guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection. Sacramento, California. Skinner, M. and B. Pavlik. 2003. Inventory of rare and endangered vascular plants of California 5th edition. California Native Plant Society. Sacramento, CA. U.S. Fish and Wildlife Service. 2015. Revised Draft Recovery Plan for the Giant Garter Snake (Thamnophis gigas). U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, USFWS. 2009. Slender Orcutt Grass (Orcuttia tenuis) 5-Year Review: Summary and Evaluation. U.S Fish and Wildlife Service, Sacramento Fish and Wildlife Office. Sacramento, California. U.S. Fish and Wildlife Service (USFWS). 2005. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon. Portland, Oregon.


11 LIST OF PREPARERS Melissa Murphy. Biologist. B.S. in Environmental Science, San Diego State University, San Diego. Ms. Murphy has over 6 years of experience conducting wildlife surveys and habitat assessments, analyzing data, and preparing reports. Elena Gregg. Senior Botanist. B.S. in Environmental Biology and Management, University of California, Davis. Mrs. Gregg has had over 11 years’ experience conducting rare plant surveys, habitat assessments, wetland delineations, and preparing reports. Victoria Birdseye. GIS Analyst. Bachelor of Arts in Human Geography, California State University, Chico. Miss. Birdseye has over 2 years of experience working with GIS and has a Geospatial Technology Certificate and a Land Use Environmental Planning Certificate from California State University, Chico.

Appendix A

Marigold Heights Subdivision Project Biological Assessment

APPENDIX A Project Site Photos

Appendix A


Project Site Photos Taken February 5, 2018

Looking southeast at WF 07.

Appendix A


Looking northwest from alongside WF 01 with WF 02 and 07 in the background.

Looking south along the fence line within the horse pasture. WF 11 can be seen in the upper right hand corner of the photo (see red arrow).

Appendix B


APPENDIX B Species Lists

United States Department of the Interior

FISH AND WILDLIFE SERVICESacramento Fish And Wildlife Office

Federal Building

2800 Cottage Way, Room W-2605

Sacramento, CA 95825-1846

Phone: (916) 414-6600 Fax: (916) 414-6713

In Reply Refer To:

Consultation Code: 08ESMF00-2018-SLI-1136

Event Code: 08ESMF00-2018-E-03313

Project Name: Marigold Heights Subdivision

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as

well as proposed and final designated critical habitat, under the jurisdiction of the U.S. Fish and

Wildlife Service (Service) that may occur within the boundary of your proposed project and/or

may be affected by your proposed project. The species list fulfills the requirements of the Service

under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et

seq.).

Please follow the link below to see if your proposed project has the potential to affect other

species or their habitats under the jurisdiction of the National Marine Fisheries Service:

http://www.nwr.noaa.gov/protected_species/species_list/species_lists.html

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the

Act, the accuracy of this species list should be verified after 90 days. This verification can be

completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

February 07, 2018

02/07/2018 Event Code: 08ESMF00-2018-E-03313 2

The purpose of the Act is to provide a means whereby threatened and endangered species and the

ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the

Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to

utilize their authorities to carry out programs for the conservation of threatened and endangered

species and to determine whether projects may affect threatened and endangered species and/or

designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that

listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan (http://www.fws.gov/windenergy/

eagle_guidance.html). Additionally, wind energy projects should follow the wind energy

guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and

bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://

www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://

www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/

comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

02/07/2018 Event Code: 08ESMF00-2018-E-03313 3

Attachment(s):

▪ Official Species List

02/07/2018 Event Code: 08ESMF00-2018-E-03313 1

Official Species ListThis list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the

requirement for Federal agencies to "request of the Secretary of the Interior information whether

any species which is listed or proposed to be listed may be present in the area of a proposed

action".

This species list is provided by:

Sacramento Fish And Wildlife Office

Federal Building

2800 Cottage Way, Room W-2605

Sacramento, CA 95825-1846

(916) 414-6600

02/07/2018 Event Code: 08ESMF00-2018-E-03313 2

Project SummaryConsultation Code: 08ESMF00-2018-SLI-1136

Event Code: 08ESMF00-2018-E-03313

Project Name: Marigold Heights Subdivision

Project Type: DEVELOPMENT

Project Description: Approximately 5 acre property proposed for a residential subdivision.

Project Location:

Approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/place/39.768002713144995N121.81415490500021W

Counties: Butte, CA

https://www.google.com/maps/place/39.768002713144995N121.81415490500021W

https://www.google.com/maps/place/39.768002713144995N121.81415490500021W

02/07/2018 Event Code: 08ESMF00-2018-E-03313 3

Endangered Species Act SpeciesThere is a total of 9 threatened, endangered, or candidate species on this species list. Species on

this list should be considered in an effects analysis for your project and could include species that

exist in another geographic area. For example, certain fish may appear on the species list because

a project could affect downstream species. See the "Critical habitats" section below for those

critical habitats that lie wholly or partially within your project area under this office's

jurisdiction. Please contact the designated FWS office if you have questions.

ReptilesNAME STATUS

Giant Garter Snake Thamnophis gigasNo critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4482

Threatened

AmphibiansNAME STATUS

California Red-legged Frog Rana draytoniiThere is final critical habitat for this species. Your location is outside the critical habitat.


Threatened

FishesNAME STATUS

Delta Smelt Hypomesus transpacificusThere is final critical habitat for this species. Your location is outside the critical habitat.


Threatened

InsectsNAME STATUS

Valley Elderberry Longhorn Beetle Desmocerus californicus dimorphusThere is final critical habitat for this species. Your location is outside the critical habitat.


Habitat assessment guidelines:

https://ecos.fws.gov/ipac/guideline/assessment/population/436/office/11420.pdf

Threatened

https://ecos.fws.gov/ecp/species/4482




https://ecos.fws.gov/ipac/guideline/assessment/population/436/office/11420.pdf

02/07/2018 Event Code: 08ESMF00-2018-E-03313 4

CrustaceansNAME STATUS

Conservancy Fairy Shrimp Branchinecta conservatioThere is final critical habitat for this species. Your location is outside the critical habitat.


Endangered

Vernal Pool Fairy Shrimp Branchinecta lynchiThere is final critical habitat for this species. Your location is outside the critical habitat.


Threatened

Vernal Pool Tadpole Shrimp Lepidurus packardiThere is final critical habitat for this species. Your location is outside the critical habitat.


Endangered

Flowering PlantsNAME STATUS

Butte County Meadowfoam Limnanthes floccosa ssp. californicaThere is final critical habitat for this species. Your location is outside the critical habitat.


Endangered

Slender Orcutt Grass Orcuttia tenuisThere is final critical habitat for this species. Your location is outside the critical habitat.


Threatened

Critical habitatsTHERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.






Species Element Code Federal Status State Status Global Rank State Rank

Rare Plant Rank/CDFW SSC or FP

adobe-lily

Fritillaria pluriflora

PMLIL0V0F0 None None G2G3 S2S3 1B.2

Ahart's paronychia

Paronychia ahartii

PDCAR0L0V0 None None G3 S3 1B.1

bald eagle

Haliaeetus leucocephalus

ABNKC10010 Delisted Endangered G5 S3 FP

burrowing owl

Athene cunicularia

ABNSB10010 None None G4 S3 SSC


Sidalcea robusta

PDMAL110P0 None None G2 S2 1B.2


Limnanthes floccosa ssp. californica

PDLIM02042 Endangered Endangered G4T1 S1 1B.1

California beaked-rush

Rhynchospora californica

PMCYP0N060 None None G1 S1 1B.1

California black rail

Laterallus jamaicensis coturniculus

ABNME03041 None Threatened G3G4T1 S1 FP

California linderiella

Linderiella occidentalis

ICBRA06010 None None G2G3 S2S3

California satintail

Imperata brevifolia

PMPOA3D020 None None G4 S3 2B.1

flagella-like atractylocarpus

Campylopodiella stenocarpa

NBMUS84010 None None G5 S1? 2B.2


Rana boylii

AAABH01050 None Candidate Threatened

G3 S3 SSC



CTT61420CA None None G2 S2.2





Erethizon dorsatum

AMAFJ01010 None None G5 S3




Red Bluff dwarf rush

Juncus leiospermus var. leiospermus

PMJUN011L2 None None G2T2 S2 1B.1


Oncorhynchus mykiss irideus pop. 11

AFCHA0209K Threatened None G5T2Q S2


Desmocerus californicus dimorphus

IICOL48011 Threatened None G3T2 S2

vernal pool fairy shrimp

Branchinecta lynchi

ICBRA03030 Threatened None G3 S3

Query Criteria: Quad<span style='color:Red'> IS </span>(Richardson Springs (3912177))

Report Printed on Wednesday, February 07, 2018

Page 1 of 2Commercial Version -- Dated February, 2 2018 -- Biogeographic Data Branch

Information Expires 8/2/2018

Selected Elements by Common NameCalifornia Department of Fish and Wildlife

California Natural Diversity Database

Species Element Code Federal Status State Status Global Rank State Rank

Rare Plant Rank/CDFW SSC or FP


Lepidurus packardi

ICBRA10010 Endangered None G4 S3S4

western spadefoot

Spea hammondii

AAABF02020 None None G3 S3 SSC

white-stemmed clarkia

Clarkia gracilis ssp. albicaulis

PDONA050J1 None None G5T2T3 S2S3 1B.2

woolly meadowfoam

Limnanthes floccosa ssp. floccosa

PDLIM02043 None None G4T4 S3 4.2

woolly rose-mallow

Hibiscus lasiocarpos var. occidentalis

PDMAL0H0R3 None None G5T3 S3 1B.2

Record Count: 25

Report Printed on Wednesday, February 07, 2018

Page 2 of 2Commercial Version -- Dated February, 2 2018 -- Biogeographic Data Branch

Information Expires 8/2/2018

Selected Elements by Common NameCalifornia Department of Fish and Wildlife

California Natural Diversity Database

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Appendix C


APPENDIX C Past Survey Reports Prepared by NorthStar Engineering

111 Mission Ranch Blvd., Suite 100 • Chico, CA 95926 P: (530) 893-1600 • F: (530) 893-2113

northstareng.com

April 1, 2016

Mr. Mark West P.O. Box 6414 Chico, CA 95927

Re: Butte County Meadowfoam Survey, Marigold Avenue, Butte County, CA (NSE# 15-023)

DearMr.West,

As requested,NorthStarEngineering (NorthStar) conducted a protocol‐level botanical survey forButteCountymeadowfoam(BCM)(Limnanthesflocossassp.californica)onMarch22,2016.Forthissurvey, NorthStar, retained Ms. Mary Bailey, a qualified botanist (Attachment A – SurveyorsQualifications), to lead the survey. The surveywas conductedwithin Assessor’s Parcel Number(APN) 016‐120‐001 (Property). Butte County meadowfoam is a state and federal endangeredspecies and a California Native Plant Society (CNPS) 1B.11 species, therefore, the survey wasconductedperU.S.FishandWildlifeService(USFWS)guidelines.ProvidedhereinisasummaryofMs.Bailey’sfindings.

Biological Setting

The Biological Survey Area (BSA) encompasses approximately 4.5‐acres and is located withinRichardson Springs USGS topographic 7.5’ quadrangle, Township 22 North, Range 1 East, in theunsectionedArroyoChico(Figure1).TheBSAisinthenortheasternportionoftheCityofChico,ontheeastsideofMarigoldAvenue,approximately320feetsouthofEatonRoad.Thelandtothenorthconsistsofopenannualgrasslandswithresidentialfurthertothenorth.Totheeast,south,andwestof the Property, is residential development. The eastern half of the Property has been used as ahorsepastureandshowssignsofheavygrazing.Thewesternportionappearsrelativelyunusedorwithminimaldisturbance in recentyears.Multiplewetlands,vernalpools,andassociatedswalesoccurwithintheBSA.

WinterandspringrainfallandinundationhadbeensufficienttoallowforBCMseedgermination.The soil presentwithin the BSA is a soilmap unit known to be suitable for BCM establishment(Redtough‐RedswaleComplex,0to2percentslopes).Furthermore,knownoccurrencesofBCMarelocatedapproximately0.6milestothenorthoftheProperty.1 Plants with a California Rare Plant Rank of 1B are considered rare or endangered in California orelsewhere.Plants constituting the1BRankareeligible for state listingper thedefinitionsof theCaliforniaEndangeredSpeciesActoftheCaliforniaDepartmentofFishandGameCode.The0.1rank0.1indicatesthattheplantisseriouslythreatenedinCalifornia.A0.2designationindicatesthattheplantisfairlyendangeredinCalifornia.

To: Mark West RE: APN 016-120-001, Marigold Avenue Page 2

According to the USFWS Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon

(2005), both the swales and vernal pools supportive of BCM are on alluvial terraces in annual

grasslands with mima mound topography (Kelley and Associates Environmental Sciences 1992,

BioSystems Analysis, Inc. 1993). Occupied swales are inundated periodically by water from

surrounding uplands, causing the soil to become saturated. However, BCM does not persist in pools

or swales that are inundated for prolonged periods or remain wet during the summer months, nor

does it occur in drainages where water flows swiftly (Jokerst 1989, Kelley and Associates

Environmental Sciences 1993a).

Methodology

The survey was conducted on March 22, 2016, during the appropriate flowering window of the

target species, by botanist Mary Bailey and biologist Carol Wallen (see Attachment A for surveyor

qualifications). Surveys were conducted in accordance with USFWS Guidelines for Conducting and

Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants. The appropriate

flowering window for BCM was confirmed by observing reference populations on March 16, 2016:

one population located in south Chico along Bruce Road in a vernal swale and the second

population in north Chico along Cohasset Road at the edge of the Sycamore Creek Preserve.

As the timing of the survey also coincided with blooming periods of other CNPS List 1.B species,

which may occur within the habitat onsite, the following species were also included in the survey:

Ahart’s paronychia (Paronychia ahartii, CNPS List 1B.1), Ahart’s rush (Juncus leiospermus var.

ahartii, CNPS List 1B.2) and Adobe lily (Fritillaria pluriflora, CNPS List 1B.2).

The entire survey area was surveyed on foot using meandering transects and all suitable habitat

was closely inspected for BCM. A Trimble GeoXH was on hand to record any observed BCM plants.

Site photos are presented in Attachment B.

Results

No BCM plants were observed within the Property boundaries. In addition, none of the other CNPS

listed species were located within the BSA. A small population of rosy meadowfoam (Limnanthes

douglasii subsp. rosea) was located near the northwestern edge of the Property. This species is

common and not protected. A list of plant species observed during the field survey is presented as

Attachment C.

To: Mark West RE: APN 016-120-001, Marigold Avenue Page 4

References

Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors. 2012. The

Jepson Manual: Vascular Plants of California, Second Edition. University of California Press,

Berkeley.

BioSystems Analysis, Inc. 1993. Floristic inventory Butte 149 project. Unpublished report to the

California Department of Transportation, Marysville. 69 pages + appendices.

California Native Plant Society (CNPS). 2012. Inventory of Rare and Endangered Plants (online

edition, v7-09b). California Native Plant Society. Sacramento, CA. Available online at

http://www.cnps.org/inventory.

Jokerst, J. D. 1989. A draft plan for the conservation of Butte County meadowfoam in the City of

Chico. Limnanthes floccosa ssp. californica. Unpublished report to the City of Chico,

California, 128 pages.

Kelley and Associates Environmental Sciences, Inc. 1992b. Biological report on Butte County

meadowfoam (Limnanthes floccosa ssp. californica) for Farm Credit Project, Bruce and

Warfield Roads, Chico, Butte County, California. Revised version with 1992 data.

Unpublished report, Davis, California. 11 pages + maps.

Kelley and Associates Environmental Sciences, Inc. 1993a. Draft biological report on Butte County

meadowfoam (Limnanthes floccosa ssp. californica) for Stonegate Project, southeast corner,

Bruce and Warfield Roads, Chico, Butte County, California. Unpublished report, Davis,

California. 8 pages.

LSA Associates, Inc. 1994. Wetland mitigation and monitoring plan for the Stonegate property,

Chico, Butte County, California. Unpublished report to Northstate Business Center, Chico,

California. 29 pages.

McNeill, C., and C. Brown. 1979. Rare plant status report: Limnanthes floccose Howell ssp. californica

Arroyo. California Native Plant Society, Sacramento. 3 pages.

USFWS, 1996. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed,

Proposed and Candidate Plants. September 23, 1996.

http://www.cnps.org/inventory

FIGURE 1:

LOCATION MAP

BUTTE

GLENN

TEHAMA

Imagery Source:USGS TopoInset Imagery:National Geographic

Figure 1: Location Map

Within Section 13 of T22N, R1EButte County, CARichardson Springs USGS 7.5' Quad

0 1,000 2,000500

Feet

Parcel Analyzed

Project Area

Marigold Avenue - Constraints Analysis- Butte County, CA -

www.northstareng.com© NorthStar EngineeringDrawn By:

CJW

LegendAPN 016-120-001

1 inch = 2,000 ft(printed at 8.5 x 11)

Map Date: Feb 2, 2015

NSE Project #15-023

ATTACHMENT A:

SURVEYOR QUALIFICATIONS

Mary L. Bailey

Botanical and Cultural Resources Specialist,

Wetland Delineations

Page | 1

Ms. Mary Bailey is a cultural resource specialist with over 20 years of experience conducting onsite surveys for botanical, archaeological, and biological resources, as well as mitigation monitoring. She has prepared California Environmental Quality Act environmental compliance documents, including Initial Studies and Environmental Impact Reports (EIRs), Natural Environment Studies (NESs) for the California Department of Transportation, Biological Resource Assessments and cultural resource inventory reports. Ms. Bailey has functioned as both lead archeologist and crew member for archaeological inventories throughout northern California including: the Sacramento Municipal Utility District (SMUD) Nature Preserve Mitigation Bank at Rancho Seco, Stillwater Plains Vernal Pool Mitigation Bank, and the proposed Pine Creek Aggregate Operation in Butte County. Ms. Bailey has conducted cultural resource investigations and archaeological surveys for numerous projects covering Placer, El Dorado, Sacramento, Butte, Lake, Plumas, Solano, Shasta, Colusa, Glenn, and Tehama Counties. She has managed and developed contacts with Native American groups, local historians, and other agencies with specialized information appropriate for inclusion into various environmental documents. Section 106 compliance has been required for the majority of reports produced. Ms. Bailey has over 20 years of experience conducting botanical surveys throughout northern California, for general plant inventories, protocol level rare plant surveys and habitat assessments. She has over 15 years of experience conducting wetland delineations. Contact information: Mary Bailey 3807 West Branch Lane Oroville, CA 95965 (530) 520-8813 [email protected]

EDUCATION B.S., Biology, California State University Chico, California

B.A., Anthropology, California State University Chico, California

Postgraduate Diploma, Archaeology, University of Leicester, UK. Master’s Thesis in Progress CERTIFICATIONS Army Corps of Engineer’s certified training in wetland delineation, Sacramento, California

Advanced wetland delineation training, San Diego, California

KEY SKILLS Botanical resource

identification

Wetland identification, mapping and soils sampling

Archaeological construction monitoring

Archaeology inventory studies

ATTACHMENT C:

SITE PHOTOS

Looking eastward from the western end of the property. A vernal pool is in the foreground.

Looking westward from the eastern end of the property. Heavy grazing pressure is evident by the “mowed”

appearance. Vernal pool VP02, seasonal wetland SW02 and seasonal swale SS05 are pictured going from left to right in mid-photograph.

Reference

Population

Butte County Meadowfoam reference population in bloom, seen here mid-photograph. North Chico population.

Reference

Population

Butte County Meadowfoam reference population

in bloom, seen here mid-photograph and at the right edge of the picture. South Chico population.

Rosy meadowfoam (Limnanthes douglasii

subsp. rosea)

The white flowers are rosy meadowfoam. They are located in seasonal wetland SW05.

ATTACHMENT B:

SPECIES OBSERVED ONSITE

Plant Species Observed at Marigold Avenue Property, March 22, 2016 Scientific Name

1 Common Name Family Nativity

Aira caryophyllea Common silver-hair grass Poaceae Naturalized

Anagallis minima Timwort Myrsinaceae Native

Avena barbata Slender wild oat Poaceae Naturalized

Blennosperma nanum Yellow carpet Asteraceae Native

Briza minor Lesser quaking grass, annual quaking grass, small quaking grass

Poaceae Naturalized

Bromus hordeaceus Soft brome, soft chess Poaceae Naturalized

Callitriche heterophylla Greater water-starwort Plantaginaceae Native

Centromadia fitchii Fitch's false tarplant Asteraceae Native

Cerastium glomeratum Sticky mouse-ear chickweed Caryophllyaceae Naturalized

Crassula tillaea Moss pygmyweed Crassulaceae Naturalized

Dichelostemma capitatum subsp. capitatum

Bluedicks Themidaceae Native

Erodium botrys Long-beak stork's-bill Geraniaceae Naturalized

Erodium cicutarium Redstem filaree Geraniaceae Naturalized

Eryngium castrense Great Valley eryngo, Great Valley coyote-thistle Apiaceae Native

Eschscholzia lobbii Frying pans Papaveraceae Native

Festuca myuros Rat-tail six-weeks grass Poaceae Naturalized

Festuca perennis Perennial rye grass, Italian ryegrass Poaceae Naturalized

Geranium dissectum Cut-leaf geranium Geraniaceae Naturalized

Glyceria declinata Waxy manna grass, low manna grass Poaceae Naturalized

Hordeum marinum subsp. gussoneanum

Mediterranean barley Poaceae Naturalized

Hordeum murinum subsp. leporinum

Wall barley Poaceae Naturalized

Juncus bufonius var. occidentalis Toad rush, western toad rush Juncaceae Native

Lasthenia californica California goldfields Asteraceae Native

Lasthenia fremontii Fremont's goldfields Asteraceae Native

Lasthenia glaberrima Smooth goldfields Asteraceae Native

Layia fremontii Tidy tips Asteraceae Native

Lepidium nitidum Shining pepperwort Brassicaceae Native

Limnanthes douglasii subsp. rosea Douglas' meadowfoam Limnanthaceae Native

Plant Species Observed at Marigold Avenue Property, March 22, 2016 Scientific Name

1 Common Name Family Nativity

Lupinus bicolor Miniature lupine Fabaceae Native

Lupinus pachylobus Big pod lupine Fabaceae Native

Malva neglecta Common mallow Malvaceae Naturalized

Matricaria discoidea Pineapple-weed, rayless chamomile Asteraceae Naturalized

Medicago polymorpha Toothed medick, California burclover Fabaceae Naturalized

Minuartia californica California stitchwort, California sandwort Caryophllyaceae Native

Plagiobothrys nothofulvus Rusty popcorn-flower, foothill snowdrops Boraginaceae Native

Plagiobothrys stipitatus Stalked popcorn-flower, Great Valley popcornflower Boraginaceae Native

Poa annua Annual blue grass Poaceae Naturalized

Polygonum aviculare subsp. depressum

Common knotweed Polygonaceae Naturalized

Psilocarphus brevissimus var. brevissimus

Dwarf woollyheads Asteraceae Native

Quercus lobata Valley oak Fagaceae Native

Ranunculus muricatus Spiny-fruit buttercup Ranunculaceae Naturalized

Rumex crispus Curly dock Polygonaceae Naturalized

Elymus caput-medusae Medusa-head grass Poaceae Naturalized

Thysanocarpus curvipes Fringe pods Brassicaceae Native

Trifolium depauperatum var. depauperatum

Balloon sack clover, dwarf sack clover Fabaceae Native

Trifolium hirtum Rose clover Fabaceae Naturalized

Trifolium subterraneum Subterranean clover Fabaceae Naturalized

Triphysaria eriantha Butter-and-eggs, johnny-tuck Orobanchaceae Native

Vicia villosa Hairy vetch, winter vetch Fabaceae Naturalized

1 Scientific nomenclature follows Baldwin, B., G., Douglas H. G., David J. K., Robert P., Thomas J. R., and Dieter H. W. 2012. The Jepson Manual: Vascular Plants of California. Second edition, revised and expanded. Berkeley, CA: University of California Press.

3/29/2017

Mr. Mark West P.O. Box 6414 Chico, CA 95927

RE: Butte County Meadowfoam Survey #2, Marigold Avenue, Chico, CA (NSE#15-023)

Dear Mr. West,

As requested, NorthStar biologists, Carol Wallen and Matt Rogers conducted the second-year protocol-level botanical survey for Butte County meadowfoam (BCM) (Limnanthes flocossa ssp. californica) on March 28, 2017. This survey was conducted within Assessor’s Parcel Number (APN) 16-120-001. Butte County meadowfoam is a state and federally listed endangered species and a California Native Plant Society (CNPS) 1B.1 species, therefore, the survey was conducted per U.S. Fish and Wildlife Service (USFWS) guidelines.

Biological Setting

The Biological Survey Area (BSA) encompasses approximately 4.5-acres and is located within Section 13, Township 22N, Range 1 East of the Richardson Springs USGS topographic 7.5’ quadrangle (Figure 1). The BSA is in the northeastern portion of the City of Chico, on the east side of Marigold Avenue, approximately 320 feet south of Eaton Road. The land to the north consists of open annual grasslands with residential further to the north. To the east, south, and west of the property, is residential development. The eastern half of the Property has been used as a horse pasture and shows signs of heavy grazing. The western portion appears relatively unused or with minimal disturbance in recent years. Wetlands, vernal pools, and associated swales occur within the BSA, a wetland delineation was prepared for the site in June 2016.

Above average winter rainfall and inundation has been sufficient to allow for BCM seed germination. The soil present within the BSA is a soil map unit known to be suitable for BCM establishment (Redtough-Redswale Complex, 0-2 percent slopes). Furthermore, known occurrences of BCM are located approximately 0.6 miles to the north of the property.

According to the USFWS Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon (2005), both the swales and vernal pools supportive of BCM are on alluvial terraces in annual grasslands with mima mound topography (Kelley and Associates Environmental Sciences 1992, BioSystems Analysis, Inc. 1993). Occupied swales are inundated periodically by water from surrounding uplands, causing the soil to become saturated. However, BCM does not persist in pools or swales that are inundated for prolonged periods or remain wet during the summer months, nor does it occur in drainages where water flows swiftly (Jokerst 1989, Kelley and Associates Environmental Sciences 1993a).

Methods

The survey was conducted on March 28, 2017, during the appropriate flowering window of the target species, by NorthStar biologists Carol Wallen and Matt Rogers (Surveyor Qualifications-Attachment A). Surveys were conducted in accordance with USFWS Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants. The appropriate flowering window for BCM was confirmed by observing a reference population in south Chico along Bruce Road in a vernal swale on March 9, 2017.

REFERENCES

Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors. 2012. The Jepson

Manual: Vascular Plants of California, Second Edition. University of California Press, Berkeley.

BioSystems Analysis, Inc. 1993. Floristic inventory Butte 149 project. Unpublished report to the California

Department of Transportation, Marysville. 69 pages + appendices.

California Native Plant Society (CNPS). 2012. Inventory of Rare and Endangered Plants (online edition, v7-09b).

California Native Plant Society. Sacramento, CA. Available online at http://www.cnps.org/inventory.

Jokerst, J. D. 1989. A draft plan for the conservation of Butte County meadowfoam in the City of Chico. Limnanthes

floccosa ssp. californica. Unpublished report to the City of Chico, California, 128 pages.

Kelley and Associates Environmental Sciences, Inc. 1992b. Biological report on Butte County meadowfoam

(Limnanthes floccosa ssp. californica) for Farm Credit Project, Bruce and Warfield Roads, Chico, Butte

County, California. Revised version with 1992 data. Unpublished report, Davis, California. 11 pages +

maps.

Kelley and Associates Environmental Sciences, Inc. 1993a. Draft biological report on Butte County meadowfoam

(Limnanthes floccosa ssp. californica) for Stonegate Project, southeast corner, Bruce and Warfield Roads,

Chico, Butte County, California. Unpublished report, Davis, California. 8 pages.

LSA Associates, Inc. 1994. Wetland mitigation and monitoring plan for the Stonegate property, Chico, Butte

County, California. Unpublished report to Northstate Business Center, Chico, California. 29 pages.

McNeill, C., and C. Brown. 1979. Rare plant status report: Limnanthes floccose Howell ssp. californica Arroyo.

California Native Plant Society, Sacramento. 3 pages.

USFWS, 2000. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and

Candidate Plants. January, 2000.

FIGURE 1:

LOCATION MAP

Copyright:© 2013 National Geographic Society, i-cubed

BUTTE

GLENN

TEHAMA

Content may not reflect NationalGeographic's current map policy.Sources: National Geographic, Esri,DeLorme, HERE, UNEP-WCMC,USGS, NASA, ESA, METI, NRCAN,GEBCO, NOAA, increment P Corp.

Imagery Source:USGS TopoInset Imagery:National Geographic

Figure 1: Location Map

Within Section 13 of T22N, R1EButte County, CARichardson Springs USGS 7.5' Quad

0 2,000 4,0001,000Feet

Parcel Analyzed

Project Area!(

Marigold Avenue - BCM Survey- Butte County, CA -

!IDrawn By:

CJW

LegendAPN 016-120-001 1 inch = 2,000 ft (printed at 8.5 x 11)

Map Date: March 28, 2017

NSE Project #15-023 www.NorthStarEng.com © NorthStar Engineering

ATTACHMENT A:

SURVEYOR QUALIFICATIONS

P e o p l e • P e r f o r m a n c e • P r o f e s s i o n a l i s m

MATT ROGERS

ASSOCIATE BIOLOGIST/ENVIRONMENTAL PLANNER

Matt Rogers

Education B.S., In Biological Sciences California State University, Chico, 2008 Additional Training • California Native Plant Society

(CNPS), Introduction to Plant Identification

• Southern Sierra Research Station, Yellow-Billed Cuckoo Survey Protocol Training

Work Experience NorthStar Engineering Associate Biologist

Western ECI Consulting Utility Forester

California Department of Fish and Wildlife (CDFW) Scientific Aid

Point Blue Conservation Science Field Biologist

Roles and Responsibilities: Mr. Rogers would serves as the Lead Biologist for the preparation of the biological studies, such as Natural Environment Studies and Biological Assessments, and assists in the preparation of Wetland Delineations and regulatory permit applications. Mr. Rogers also assists with the preparation of CEQA documentation and associated technical studies.

For the past 8 years, Mr. Rogers has worked with a variety of public and private entities conducting biological surveys across the western United States, with particular emphasis on riparian systems. Mr. Rogers has conducted protocol-level surveys and habitat assessments for a variety of species, including both state and federally listed species such as, Yellow-billed cuckoo, spring-run and winter-run Chinook salmon, Central Valley steelhead, Valley elderberry longhorn beetle, and California red-legged frog. He has extensive experience conducting a variety of bird surveys including call-playback, point counts, and area searches. He is adept at identifying western bird species by both sight and sound. In the last three years much of his work experience has been tied to various California Department of Fish and Wildlife (CDFW) projects in the northern Central Valley associated with anadromous fish species. Upon joining NorthStar, Mr. Rogers prepares biological technical analysis documentation including Biological Resources Assessments and Biological Evaluations, Wetland Delineations, and conducts construction monitoring. In addition, Mr. Rogers serves as an Environmental Planner preparing CEQA documents and associated technical analyses for Initial Studies/Mitigated Negative Declarations. Select Project Experience: • Sutter County Bridge Preventative Maintenance Project, Wetland

Delineation, (current) - Sutter County • Gilsizer Slough Maintenance Agreement & Revetment Project,

Wetland Delineation, CEQA, Permitting (current) - Gilsizer County District/Yuba City

• Butte College 3-Creeks Culvert Replacement Projects, Construction and Fisheries Monitoring - Butte Community College District

• Pleasants Valley Road over Miller Canyon Creek, Wetland Delineation, VELB Biological Assessment – Solano County

• Berry Creek Rancheria Annexation Project, CEQA-Initial Study/Mitigated Negative Declaration, LOAPUD

• Marigold Avenue Subdivision, Wetland Delineation - Mark West • Gonzales Property/Bruce Road Grading Project, Biological Resource

Assessment, Wetland Delineation - Gonzales Development

P e o p l e P e r f o r m a n c e P r o f e s s i o n a l i s m

CAROL WALLEN, QSP

ASSOCIATE BIOLOGIST/GIS ANALYST

Carol Wallen

Education

B.S. Biological Sciences, California State University, Chico, 2009

Additional Training

38-Hour USACE Wetland Delineation Training Program

GGS Volunteer with USGS

Rare Pond Species Survey Techniques (focus: California red-legged frog and California tiger salamander)

American Kestrel Banding and Handling

Vernal Pool Fairy Shrimp and Tadpole Shrimp Sampling

Avian Interactions

Experience

NorthStar Engineering, Biologist, QSP, GIS Analyst

United States Dept. of Defense, Beale Air Force, Staff Biologist, Environmental Field Inspector

Roles and Responsibilities:

Ms. Wallen specializes in permit implementation to ensure construction projects are compliance with the federal and state Endangered Species Acts (ESA and CESA), Clean Water Act (CWA), Migratory Bird Treaty Act (MBTA), USFWS Biological Opinions, Fish and Game Code (FGC), FGC 1600, and CEQA/NEPA mitigation and project specific avoidance, minimization and mitigation measures. Ms. Wallen is also a Qualified SWPPP Practitioner (QSP) and evaluates sites for water quality compliance, including the CA Construction General Permit. As a wildlife biologist, Ms. Wallen conducts pre- and post-construction surveys; protocol level surveys for special status, threatened, and endangered species; and habitat assessments for vernal pool fairy shrimp, vernal pool tadpole shrimp, giant garter snake (GGS), Valley elderberry longhorn beetle (VELB), California red-legged frog (CRLF), western burrowing owl, and Swainson’s hawk, as well as numerous surveys for migratory birds, including the installation and maintenance of exclusionary devices on structures. Ms. Wallen also conducts Biological Resource Assessments, Biological Assessments, Wetland Delineations, and Site Opportunities and Constraints Analyses.

Select Biological and Permitting Project Experience:

Sutter County Bridge Preventative Maintenance Project, Wetland Delineation, GIS Mapping, Permitting (current) - Sutter County

CSU Chico Gus Manolis Bridge Replacement, Permitting, VELB Technical Analysis - California State University, Chico

CSU Chico Emergency Vehicle/Physical Sciences Bridge Replacement, Permitting, VELB Technical Analysis - California State University, Chico

Live Oak Soccer Complex and Outfall Project, GGS Technical Analysis, Permitting – City of Live Oak

CR 44 Safety Improvements, Permitting, Biological Technical Studies for GGS, Construction Monitoring, - Glenn County

Pennington Road Bridge Replacement, GGS Impacts Map for Regulatory Permitting - Sutter County

SR 32 Widening and Bridge Replacement and Expansion, Regulatory Compliance, Construction Monitoring - City of Chico

SR 99 Auxiliary Lane, Regulatory Compliance, Construction Monitoring - City of Chico

Butte College 3-Creeks Culvert Replacement Projects, Wetland Delineation, Permitting - Butte Community College District

ATTACHMENT B:

SITE PHOTOS

West BCM Survey Photos – Marigold Avenue, Chico CA

NSE # 15-023 Page 1 of 4 3/28/17

Photo 1 –

Western portion of the site.

- Standing near northwest corner of property looking south.

Photo 2 –

Northern portion of the site.

- Standing near the northwest corner looking east.


NSE # 15-023 Page 2 of 4 3/28/17

Photo 3 –

Large vernal pool near the southern boundary of property.

- Standing in the middle of the property looking south.

Photo 4 –

Eastern portion of the property. Note the heavy grazing.

- Standing in the middle of the property looking east.


NSE # 15-023 Page 3 of 4 3/28/17

Photo 5 –

Middle portion of the property.

- Standing near the northern boundary looking south.

Photo 6 –

Small population of rosy meadowfoam (white flower-mid photo) found in the northwestern corner of the property.

- Standing near Marigold Avenue.


NSE # 15-023 Page 4 of 4 3/28/17

Photo 7 –

Butte County Meadowfoam in bloom, from a reference population located alongBruce Road insouth Chico.

- March 9,2017.

ATTACHMENT C:

OBSERVED SPECIES LIST

Silverhair grass Aira caryophyllea

Slender wild oat Avena barbata

Yellow carpet Blennosperma nanum

Lesser quaking grass Briza minor

Harvest brodiaea Brodiaea elegans

Soft brome Bromus hordeaceus

Yellow star thistle Centaurea solstitialis

Fitch’s tarplant Centromadia fitchii

Bluedicks Dichelostemma capitatum

Medusahead grass Elymus caput-medusae

Long-beak stork’s-bill Erodium botrys

Valley coyote thistle Eryngium castrense

Frying pans Eschscholzia lobbii

Cut-leaf geranium Geranium dissectum

Wall barley Hordeum marimum

California goldfields Lasthenia californica

Fremont’s goldfields Lasthenia fremontii

Smooth goldfields Lasthenia glaberrima

Tidy tips Layia fremontii

Common pepper grass Lepidium nitidium

Rosy meadowfoam Limnanthes douglasii ssp. rosea

Miniature lupine Lupinus bicolor

Common mallow Malva neglecta

Pineapple-weed Matricaria discoideai

Rusty popcorn flower Plagiobothrys nothofulvus

Annual blue grass Poa annua

Valley oak Quercus lobata

Fringe pods Thysanocarpus curvipes

Cowbag clover Trifolium depauperatum var. depauperatum

Rose clover Trifolium hirtum

Subterranean clover Trifolium subterraneum Butter-and-eggs Triphysaria eriatha Winter vetch Vicia villosa

Exhibit A


EXHIBIT A Draft Delineation of Waters of the U.S. Map

")

!È!È

!È

!È

!È

!È

!È

!È

!È

!È

!È

!È

WF08 WF11

WF05WF07

WF10

WF01

WF06WF02

WF09WF03

WF04

WF05

TP02

TP01

U10

U09

U06

U04

U11

U07

U02

U08

U01

W05

W03W10W11

W07

W09

W06

W08

W01

W02

W04

TP03

122° 7' 23.4125" W 39° 56' 11.9779" N

-121.815282°W39.767551°N

-121.815282°W39.767548°N

Marig

old Av

e

box drain

P09

P08

P07

P06

P05P04

P03

P02

P01

GE: #18-003 Map Date: 03/06/18

Marigold HeightsDraft Delineation of Waters of the U.S.

Exhibit AM Data Sources: ESRI, USGS, Wes Gilbert Engineering: 08/15/17

0 50 100 Feet

1:1,200 1 inch = 100 feet Map By:V. BirdseyeDelineation By: E. Gregg

02/05/18

*See Figure 3, Ground Photographs Map, foradditional information on Photo Points.

Project Boundary- (4.9 acres)1 Foot ContourFlow Direction

!È Photo Points - P#") Box Drain

Data PointsTest Pit - TP#Upland - U#Wetland - W#

Preliminary Wetland Features - (0.484 Acres)Seasonal SwaleSeasonal WetlandVernal PoolVernal Swale

The features represented on this graphicare considered preliminary until written

verification by the USACE.

Coordinate System: NAD 1983 California State Plane II (Feet)Projection: Lambert Conformal Conic

Datum: North American 1983Vertical Datum: NAVD 88

Made in accordance with the Updated Map & Drawing Standardsfor the South Pacific Division Regulatory Program

Label Cowardin Type Designation Longitude Latitude Width (ft) Length (ft) Area (sq ft) AcresWF01 PUB4 Vernal Pool Adjacent -121.8148687 39.76811708 NA NA 1206.6 0.028WF02 PUB4 Vernal Pool Adjacent -121.8149976 39.76832378 NA NA 964.2 0.022WF03 PUB4 Vernal Swale Adjacent -121.8140373 39.76777887 NA NA 560.7 0.013WF04 PUB4 Vernal Swale Adjacent -121.8138322 39.76783517 NA NA 136.0 0.003WF05 PUB4 Vernal Swale Adjacent -121.8136988 39.76824413 NA NA 2908.3 0.067WF06 PUB4 Vernal Swale Adjacent -121.8131563 39.76820087 NA NA 1101.0 0.025WF07 PUB4 Vernal Pool Adjacent -121.8150965 39.7682095 NA NA 1395.1 0.032WF08 PUB4 Seasonal Swale Adjacent -121.8146624 39.76790879 NA NA 5227.2 0.120WF09 PUB4 Seasonal Swale Adjacent -121.813229 39.76779195 NA NA 885.2 0.020WF10 PUB4 Vernal Pool Adjacent -121.8138398 39.76769047 NA NA 1211.5 0.028WF11 PUB4 Seasonal Wetland Adjacent -121.8142778 39.76768049 NA NA 5495.8 0.126

6112.4 0.1405495.8 0.1264777.5 0.1104706.0 0.10821091.8 0.484

Seasonal Wetland=Vernal Pool Totals=

Vernal Swale=Wetland Feature Totals=

Wetland Features

Seasonal Swale Totals=

Draft Delineation of Waters of the U.S.

Documents

BIOLOGICAL ASSESSMENT...The purpose of this biological assessment (BA) is to review the proposed Marigold Heights Subdivision project (Project) area, in sufficient detail to determine