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2.4_Chapter 2.4 - Biological ResourcesSection 2.4 Biological Resources Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-1 May 2013 2.4 BIOLOGICAL RESOURCES This section is summarized from the Biological Technical Report for the proposed Project (HELIX 2010). This report is located in Appendix C of this EIR. 2.4.1 Affected Environment Vegetation Communities A total of 12 vegetation communities occur within the biological study area (BSA), including southern willow riparian forest, southern willow scrub (including disturbed), freshwater marsh, streambed, disturbed wetland, Diegan coastal sage scrub (including disturbed), southern mixed chaparral (including disturbed), non-native grassland (including disturbed), eucalyptus woodland, non-native vegetation, disturbed habitat and developed land (Table 2.4-1, Existing Vegetation Communities Within the BSA, and Figures 2.4-1a and 2.4-1b, Existing Vegetation and Sensitive Biological Resources). Table 2.4-1 EXISTING VEGETATION COMMUNITIES WITHIN THE BSA Vegetation/Habitat Type Acreage Southern willow riparian forest 1.98 Southern willow scrub 0.05 Southern willow scrub – disturbed 0.02 Freshwater marsh 0.01 Streambed 0.05 Disturbed wetland 0.19 Diegan coastal sage scrub 0.93 Diegan coastal sage scrub – disturbed 0.23 Southern mixed chaparral 2.46 Southern mixed chaparral – disturbed 1.11 Non-native grassland 1.60 Eucalyptus woodland 2.12 Non-native vegetation 0.06 Disturbed 4.16 Developed 68.39 TOTAL83.36 Source: HELIX 2010 Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-2 May 2013 Southern Willow Riparian Forest Southern willow riparian forest is composed of tall, open, broad-leaved winter-deciduous trees dominated by several willow species such as arroyo willow (Salix lasioloepis) and Goodding’s black willow (S. gooddingii). Other species that may occur include western cottonwood (Populus fremontii), coast live oak (Quercus agrifolia) and white alder (Alnus rhombifolia). Southern willow riparian forest is considered sensitive by the USFWS, U.S. Army Corps of Engineers (Corps), CDFW (formerly known as California Department of Fish and Game; CDFG) and City. Approximately 1.98 acres of the habitat occur in several locations within the BSA between Willow Ranch Road and Erza Lane (Figures 2.4-1a and 2.4-1b). Southern Willow Scrub (including Disturbed) Southern willow scrub consists of dense, broad-leaved, winter-deciduous stands of trees dominated by shrubby willows (Salix spp.) often in association with mule fat (Baccharis salicifolia). This habitat occurs on loose, sandy or fine gravelly alluvium deposited near stream channels during flood flows. Southern willow scrub is considered sensitive and declining by the USFWS, Corps, CDFW and City. Approximately 0.07 acre of southern willow scrub (including 0.02 acre disturbed) occurs in two locations within the BSA on the west side of Espola Road: (1) south of Del Poniente Road (Figure 2.4-1a) and (2) just north of Ezra Lane within Rattlesnake Creek (Figure 2.4-1b). Freshwater Marsh Freshwater marsh is dominated by perennial, emergent monocots, which reach heights of 12 to 15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around margins of lakes and springs. These areas are permanently flooded by freshwater yet lack significant current (Holland 1986). Dominant species in this plant community include broad-leaved cattail (Typha latifolia), spike-sedge (Eleocharis sp.) and tule (Scirpus acutus var. occidentalis). Freshwater marsh is considered sensitive and declining by the USFWS, Corps, CDFW and City. Approximately 0.01 acre of freshwater marsh occurs along the western side of Espola Road to the south of Del Poniente Road (Figure 2.4-1a). Streambed Streambed is defined as an unvegetated body of water that flows at least periodically through a bed or channel having banks and supporting fish or other aquatic life. Streambed is considered sensitive by the Corps, USFWS, CDFW and City. A portion of the streambed within the BSA does not support any vegetation community due to periodic scouring. This area occurs within Rattlesnake Creek and reaches 10 feet wide in some areas. It has a sandy bottom and is without rooted or overhanging vegetation. The source of % % Study Area Boundary Del Poniente Road Northcrest Lane Titan Way Elden Grove Willow RanchRoad DEV SMC DH DH SWRF NNG SMC-D EUC NNG EUC NNG EUC EUC DCSS DCSS SWRF EUC DCSS EUC SWRF SMC-D DCSS-D SWRF DCSS DH SWRF EUC DCSS SMC-D DEV DCSS DH DH DH NNV DH NNG NNG NNV DW SWS-D FWM DCSS-D DCSS Match to Figure 2.4-1b I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-1a_Vegetation.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet HabitatsWetlands Southern Willow Riparian Forest Southern Willow Scrub Southern Willow Scrub - Disturbed Freshwater Marsh Disturbed Wetland Non-wetland Waters of the U.S. Uplands Diegan Coastal Sage Scrub - Disturbed Diegan Coastal Sage Scrub Southern Mixed Chaparral Southern Mixed Chaparral - Disturbed Non-native Grassland Eucalyptus Woodland Non-native Vegetation Disturbed Habitat Developed Sensitive Resources %Orange-throated Whiptail (Cnemidophorus hyperythrus beldingi) Open Space Easement SWRF SWS SWS-D FWM DW DCSS DCSS-D SMC SMC-D NNG EUC NNV DH DEV Existing Vegetation and Sensitive Biological Resources ESPOLA ROAD IMPROVEMENT PROJECT Figure 2.4-1a k FWM DCSS-D Study Area Boundary Mountain Road Espola Road Staging Area Twin Peaks Road Ezra Lane Los Nietos Avenue Mountain Road Segundo Court Rio Court El Dolora Way Alando Place El Topo Drive Durhullen Drive Golden Sunset Lane Jerome Drive Evergreen Lane Espola Road DEV DH Rattlesnake Creek DEV DH DH NNG SWRF SB SWS EUC DW EUC DEV DW Match to Figure 2.4-1aHabitatsWetlands Southern Willow Riparian Forest Southern Willow Scrub Streambed Disturbed Wetland Non-wetland Waters of the U.S. Uplands Non-native Grassland Eucalyptus Woodland Disturbed Habitat DevelopedSensitive Resources k Raptor Nest Open Space Easement SWRF SWS SB DW NNG EUC DH DEV I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-1b_Vegetation.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet Existing Vegetation and Sensitive Biological Resources ESPOLA ROAD IMPROVEMENT PROJECT Figure 2.4-1b Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-3 May 2013 disturbance for this area is natural (i.e., occasional flooding) and therefore does not meet the definition of disturbed habitat. Streambed covers 0.05 acre of the BSA, including along either side of Northcrest Lane, north and south of Del Poniente Road, and at the southern terminus of the BSA along and near Rattlesnake Creek (Figures 2.4-1a and 2.4-1b). Disturbed Wetland Disturbed wetland is dominated almost exclusively by exotic wetland species within areas that have undergone periodic disturbance. Characteristic species include cocklebur (Xanthium strumarium), curly dock (Rumex crispis), broom baccharis (Baccharis sarothoides) and tamarisk (Tamarix sp.). Disturbed wetland is often what remains after habitats such as southern willow scrub and freshwater marsh have been altered. Like all wetland habitats, disturbed wetland is considered sensitive and declining by the USFWS, Corps, CDFW and City. Approximately 0.19 acre of disturbed wetland occurs within several locations in the BSA, including just north of Northcrest Lane and on either side of Espola Road near Rattlesnake Creek (Figures 2.4-1a and 2.4-1b). Diegan Coastal Sage Scrub (including Disturbed) Coastal sage scrub is one of the two major shrub types that occur in California (the other is chaparral, discussed below). Coastal sage scrub occupies sites that are both xeric (contain very little moisture) and characterized by shallow soils. Sage scrub is dominated by subshrubs, whose leaves abscise (separate from the plant) during drought found in southern California. This adaptation is well suited for the alternating periods of rainfall and prolonged drought. Sage scrub species have relatively shallow root systems and open canopies, allowing for a substantial herbaceous component. The Diegan coastal sage scrub in the BSA contains a variety of plant species, including California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), coyote brush (Baccharis pilularis), broom baccharis and laurel sumac (Malosma laurina). Disturbed Diegan coastal sage scrub occurring in the BSA is differentiated from undisturbed Diegan coastal sage scrub by shrub cover and percent of native species. Disturbed Diegan coastal sage scrub tends to have a lower percentage of shrub cover with a higher percentage of exotic species cover. Exotic plant species observed within the disturbed Diegan coastal sage scrub in the BSA included hottentot-fig (Carpobrotus edulis), fennel (Foeniculum vulgare), mustard (Brassica sp.), castor-bean (Ricinus communis), golden wattle (Acacia longifolia), tree tobacco (Nicotiana glauca) and fountain grass (Pennisetum setaceum). Native species observed include laurel sumac, California sagebrush, coastal prickly pear (Opuntia littoralis), white sage (Salvia apiana) and California buckwheat. Diegan coastal sage scrub (including disturbed) is considered a sensitive habitat by the USFWS, CDFW and City and is given the highest inventory priority by the California Natural Diversity Database (CNDDB). Diegan coastal sage scrub was listed as the third most extensive vegetation community in the County in 1965 (CDFW 1965); however, Oberbauer (1979) and Oberbauer and Vanderwier (1991) suggest that nearly 72 percent of the County’s original sage scrub habitat Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-4 May 2013 has been destroyed or modified, primarily owing to urban expansion. Many species are dependent upon coastal sage scrub, including the coastal California gnatcatcher (Polioptila californica californica). Approximately 1.16 acres of Diegan coastal sage scrub (including 0.23 acre of disturbed) occur within the BSA. This habitat occurs within several locations along either side of Espola Road from Willow Ranch Road to south of Del Poniente Road in very small patches (Figure 2.4-1a). Southern Mixed Chaparral (including Disturbed) Southern mixed chaparral is composed of broad-leaved shrubs approximately 5 to 10 feet tall that form moderately dense to dense (often nearly impenetrable) vegetation dominated by chamise (Adenostoma fasciculatum), manzanita (Arctostaphylos sp.), lilac (Ceanothus sp.) and scrub oak (Quercus sp.). Plants are often deep-rooted, and there is usually little or no understory vegetation (Holland 1986). Disturbed southern mixed chaparral occurring within the BSA is differentiated from undisturbed southern mixed chaparral by its higher composition of early successional species that establish themselves following disturbance prior to late successional species such as manzanita, lilac and scrub oak. Early successional or pioneering species observed in the BSA included coyote brush, telegraph weed (Heterotheca grandiflora), deer weed (Lotus scoparius) and California buckwheat. Exotic species observed included hottentot- fig and Russian thistle (Salsola tragus). Southern mixed chaparral (including disturbed) is considered sensitive by the USFWS, CDFW and City. Approximately 3.57 acres of southern mixed chaparral (including 1.11 acres of disturbed) occur within the BSA along the eastern side of Espola Road from Willow Ranch Road to High Valley Road (Figure 2.4-1a). Non-native Grassland Introduction of exotic grasses in California due to grazing and agricultural practices, coupled with severe droughts, has contributed to the conversion of native grasslands to non-native grassland (Jackson 1985). Grassland expansion in the region also may be a result of increased fire frequency. The flora of non-native grasslands includes a dense to sparse cover of introduced grasses and often numerous species of showy-flowered, native, annual forbs (Holland 1986). This habitat is often associated with deep, fine-textured soils. Whereas native grasslands supported mostly perennials, such as needlegrass (Nasella sp.), non-native grasslands (including those in the BSA) support mostly annuals. Characteristic species of non-native grasslands include oats (Avena sp.), red brome (Bromus madritensis ssp. rubens), ripgut (Bromus diandrus), ryegrass (Lolium sp.) and mustard. Non-native grassland provides foraging habitat for raptors. This habitat is considered sensitive by the USFWS, CDFW and City. Approximately 1.60 acres of non-native grassland occur in several locations within the BSA from Willow Ranch Road to Rattlesnake Creek (Figures 2.4-1a and 2.4-1b). Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-5 May 2013 Eucalyptus Woodland Eucalyptus woodland is dominated by eucalyptus trees (Eucalyptus spp.), which are non-native. These species are often planted purposely but can spread under certain conditions. Eucalyptus is not a sensitive plant, but may be considered sensitive if used by raptors for nesting. Approximately 2.12 acres of eucalyptus woodland occur in several locations throughout the BSA from its northern terminus (north of Titan Way) to its southern terminus at Ezra Lane and Rattlesnake Creek (Figures 2.4-1a and 2.4-1b). One unoccupied raptor nest was observed in a eucalyptus tree at the south end of the study area (Figure 2.4-1b). This area of eucalyptus woodland would be considered sensitive. Non-native Vegetation Non-native vegetation is the name ascribed to cultivated plants such as hottentot-fig, Peruvian pepper tree (Schinus molle) or other species that have become naturalized in native habitat areas or that are relics of previous cultivated land uses. Non-native vegetation is not a sensitive vegetation community. Approximately 0.06 acre of non-native vegetation occurs in one location within the BSA, just south of Del Poniente Road (Figure 2.4-1a). Disturbed Habitat Disturbed habitat supports either no vegetation or a cover of non-native weedy species adapted to a regime of frequent disturbance. Many of the characteristic species of this habitat are also indicator species of annual grasslands, although disturbed areas are dominated by forbs rather than grasses. Characteristic species include mustard, tree tobacco, fennel and Russian thistle. Disturbed habitat is not a sensitive vegetation community. Approximately 4.16 acres of disturbed habitat occur within the BSA, including between Northcrest Lane and Ezra Lane on either side of Espola Road (Figures 2.4-1a and 2.4-1b). Developed Land Developed land includes roads, concrete drainage channels and existing residential/commercial development. Most of the study area consists of residential land uses. Developed land is not considered sensitive. Approximately 68.39 acres of developed land occur throughout the BSA. Jurisdictional Areas Federal (Corps) and state (CDFW) jurisdictional habitats occur in the drainages and low-lying areas within the BSA. Federal jurisdictional areas in the BSA include southern willow riparian forest, freshwater marsh and disturbed wetlands, as well as non-wetland Waters of the U.S. The Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-6 May 2013 latter category includes streambed, as well as small portions of other habitats lacking one or more of the Corps criteria. State jurisdictional areas include the cited federal jurisdictional areas, as well as southern willow scrub and additional areas of southern willow riparian forest that are beyond the limits of federal jurisdiction. Streambed, as well as disturbed habitat, eucalyptus woodland and disturbed Diegan coastal sage shrub habitats, are included in non-wetland streambed. The delineation also identified several drainage features that are not regarded as jurisdictional. These drainages consist of trapezoidal channels usually lined with concrete and occur in the southern part of the BSA, primarily along the eastern side of Espola Road. Corps jurisdictional areas within the BSA total 0.59 acre and include 0.45 acre of wetlands and 0.14 acre of non-wetland Waters of the U.S. (Table 2.4-2, Existing Jurisdictional Areas Within the Study Area, and Figures 2.4-2a and 2.4-2b, Corps Jurisdictional Areas). Table 2.4-2 EXISTING JURISDICTIONAL AREAS WITHIN THE STUDY AREA (acre[s]) Habitat Corps CDFW Wetlands Southern willow riparian forest 0.41 1.98 Freshwater marsh 0.01 0.01 Southern willow scrub 0.00 0.05 Southern willow scrub – disturbed 0.01 0.02 Disturbed wetland 0.02 0.19 Subtotal 0.45 2.25 Non-wetlands Waters of the U.S./Streambed 0.14 0.09 TOTAL 0.59 2.34 Source: HELIX 2010 CDFW jurisdictional areas within the BSA total 2.34 acres and include 2.25 acres of wetlands and 0.09 acre of streambed (Table 2.4-2 and Figures 2.4-3a and 2.4-3b, CDFW Jurisdictional Areas). Due to the limited extent and nature of the jurisdictional resources in the study area it is currently assumed that a nationwide permit (NWP) would be processed for the Project. The Project also would need to obtain Regional Water Quality Control Board (RWQCB) Section 401 Certification prior to issuance of any Section 404 permit. In addition, a Streambed Alteration Agreement according to Section 1602 of the California Fish and Game Code would be required from CDFW. # # # # ## ## # # #5 #6 #7#8 Hig h V alley R o a d Study Area Boundary 6' 3' 4' 4' #A-2 #A-3 SWRF SWS-DFWM Del Poniente Road High Valley Road E s p o l a R o a d Northcrest Lane Key Map Freshwater Marsh Southern Willow Riparian Forest Non-wetland Waters of the U.S. (widthshown in feet) FWM SWRF Sample Points Corps Jurisdictional Wetlands SWS-D Southern Willow Scrub - Disturbed Note:This map is based on site conditions as observed at the time of our fieldinvestigations. The information presented herein was developed by visualinspection and/or aerial photograph interpretation. Note that both siteconditions and applicable regulatory requirements may change. I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-2a_Corps.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet Detail Area ##1 Figure 2.4-2a ESPOLA ROAD IMPROVEMENT PROJECT Corps Jurisdictional Areas # # #### ## # #1 #3 #2 Espola Road #4 Non-wetland WUS DW DW 6' 2' #A-1 Staging Area Espola Road Segundo Court Rio Court Los Nietos Avenue Alando Place El Dolora Way Roberto Rio Road Mountain Road Kalapana Street Twin Peaks Road Ezra Lane Rattlesnake Creek Detail Area Key Map Disturbed Wetland Non-wetland Waters of the U.S. (widthshown in feet) DW Sample Points Corps Jurisdictional Wetlands Note:This map is based on site conditions as observed at the time of our fieldinvestigations. The information presented herein was developed by visualinspection and/or aerial photograph interpretation. Note that both siteconditions and applicable regulatory requirements may change. I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-2b_Corps.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet ##1 Figure 2.4-2b ESPOLA ROAD IMPROVEMENT PROJECT Corps Jurisdictional Areas # # # # ## ## # # #5 #6 #7#8 Study Area Boundary 5' 6' 6' #A-2 #A-3 Del Poniente Road Via Molinero E s p o l a R o a d High Valley R oad NorthcrestLane Wi llow RanchRoad SWRF SWRF SWRF SWRF SWRF DW SWS-DFWM Key Map Freshwater Marsh Southern Willow Riparian Forest Streambed (width shown in feet) FWM SWRF Sample Points CDFG Jurisdictional Wetlands SWS-D Southern Willow Scrub - Disturbed DW Disturbed Wetland I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-3a_CDFW.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet Note:This map is based on site conditions as observed at the time of our fieldinvestigations. The information presented herein was developed by visualinspection and/or aerial photograph interpretation. Note that both siteconditions and applicable regulatory requirements may change. Detail Area ##1 Figure 2.4-3a ESPOLA ROAD IMPROVEMENT PROJECT CDFW Jurisdictional Areas # # #### ## # #1 #3 #2 Ezra Lane #4Rattlesnake Creek Streambed 3' Staging Area #A-1 SWRFDW SWS DW DW Kalapana Street Twin Peaks Road Roberto Rio Road Rio Court Segundo Court Los Nietos Avenue Espola Road El Dolora Way Alando Place Mountain Road Key Map Disturbed Wetland Streambed (width shown in feet) DW Sample Points CDFG Jurisdictional Wetlands SWS Southern Willow Scrub Southern Willow Riparian ForestSWRF Detail Area Note:This map is based on site conditions as observed at the time of our fieldinvestigations. The information presented herein was developed by visualinspection and/or aerial photograph interpretation. Note that both siteconditions and applicable regulatory requirements may change. I:\Gis\B\BAH-01Espola Rd\Map\EIR\Fig2-4-3b_CDFW.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet ##1 Figure 2.4-3b ESPOLA ROAD IMPROVEMENT PROJECT CDFW Jurisdictional Areas Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-7 May 2013 Plant Species A total of 55 plant species was observed during fieldwork (refer to Appendix B of the Biological Technical Report for the list of species). Animal Species A general wildlife reconnaissance survey was conducted on November 13, 2002. On-site habitats and microhabitats defined during vegetation mapping were analyzed. These data were later used in determination of focused species surveys required for the Project area. A total of 30 animal species were observed/detected during wildlife surveys. Observed taxa include 2 butterfly species, 2 reptile species, 21 bird species, and 5 mammal species (refer to Appendix B of the Biological Technical Report for the list of species). Sensitive Plant Species A focused rare plant survey was conducted on May 5, 2003 during the blooming period for the San Diego thornmint (Acanthomintha ilicifolia) to identify and record all sensitive plant species occurring within the BSA. No sensitive plants were observed during the focused plant survey. Sensitive Animal Species Observed Sensitive Animal Species One sensitive animal species was observed within the BSA: orange-throated whiptail (Cnemidophorus hyperythrus beldingi), a state species of special concern covered under the Poway Subarea HCP. This species prefers washes and other sandy areas with patches of brush and rocks for cover. The species is typically found in low elevation coastal sage scrub, chaparral and valley-foothill hardwood forests. Two individuals were observed in Diegan coastal sage scrub on the western side of Espola Road, just south of Del Poniente Road. In addition, an unoccupied raptor nest was detected within a eucalyptus tree located in the non- native grassland habitat near Rattlesnake Creek. Sensitive Animal Species Not Observed Habitats within the BSA were specifically evaluated for their ability to support four sensitive animal species: Quino checkerspot butterfly (Euphydryas editha quino), least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus) and coastal California gnatcatcher. Of the four listed animals species evaluated, only the coastal California gnatcatcher has potential to occur within the BSA. The coastal California gnatcatcher is federally listed as threatened as well as state and City sensitive. The habitat of this species is primarily coastal sage scrub, although it may sometimes use other habitats adjacent to coastal sage scrub. Atwood (1990 and 1992) estimated that approximately 1,811 to 2,291 pairs of coastal California gnatcatchers remained in southern Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-8 May 2013 California at this time. Of these, 24 to 30 pairs were noted an occurring in Los Angeles County, 224 to 294 pairs in Orange County, 724 to 916 pairs in Riverside County and 837 to 1,061 pairs in San Diego County. Protocol surveys for the coastal California gnatcatcher were conducted within the Project footprint between May 30 and June 27, 2003 and between March 19 and April 2, 2010 and no gnatcatchers were observed. Wildlife Movement Although located within the Poway Subarea HCP, the Project study area is not located within the HCP mitigation area; and therefore, is not considered to be a biological core and linkage area (BCLA). BCLAs are critical to the functions and values of native habitat areas occurring within the City and its surrounding areas. No wildlife corridors or wildlife nursery sites are located within the BSA. Regulatory Setting Federal The federal ESA, administered by the USFWS, provides the legal framework for the listing and protection of species (and their habitats) that are identified as being endangered or threatened with extinction. Actions that jeopardize endangered or threatened species and the habitats upon which they rely are considered a ‘take’ under the ESA. Section 9(a) of the ESA defines take as: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.” ‘Harm’ and ‘harass’ are further defined in federal regulations and case law to include actions that adversely impair or disrupt a listed species’ behavioral patterns. Most bird species are protected under the federal Migratory Bird Treaty Act (MBTA). This act is a federal statute that prohibits the ability to “pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention… for the protection of migratory birds… or any part, nest, or egg of any such bird.” This statute allows the USFWS to enforce the prohibition of direct “taking” of active nests. Implementation of this law typically includes restrictions on development activities when sensitive nesting birds, including raptors, are present. In common practice, the MBTA is used to place restrictions on disturbances allowed near active raptor nests during the nesting season (generally December to June). Commonly, construction activities are precluded within 500 feet of an active raptor nest. State Primary environmental legislation through the State of California is found in CEQA and its implementing guidelines (State CEQA Guidelines), which require that projects with potential adverse effects on the environment undergo environmental review. Adverse impacts are Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-9 May 2013 typically mitigated through the environmental review process, in accordance with existing laws and regulations. The California Fish and Game Code (Section 1602) regulates riparian and wetland habitats by requiring review and approval of impacts through issuance of a Streambed Alteration Agreement, which is required prior to impacts to any riparian habitat, including disturbed wetland. The Native Plant Protection Act (NPPA) enacted a process by which plants are listed as rare or endangered. The NPPA regulates collection, transport and commerce in plants that are listed. The California ESA followed and is similar to the NPPA in that it provides a process by which sensitive species are listed. (Plants listed as rare under the NPPA were designated threatened under the California ESA.) The ESA Section 4(d) special rule for interim take of coastal California gnatcatchers was promulgated in response to California’s NCCP Act of 1991 and the initiation of NCCP Plans targeting coastal sage scrub, the habitat of the gnatcatcher. The NCCP Act authorized the state to engage in regional multiple species conservation planning with local jurisdictions and property owners. NCCP Plans focus on conserving natural communities in linked regional preserve systems that protect target and other species that are either listed under the federal or state ESAs or which could become listed if populations continue to decline. Approval of NCCP subarea plans provides a jurisdiction with “take authorization” for all species covered by the plan and institutes mitigation measures that conform to the ESAs which are intended to guarantee the survival of the covered species in the areas covered by the plan. All projects within an NCCP-enrolled jurisdiction that occur in low-value habitat, as well as projects in medium-value habitat located outside identified preserve planning areas that cause the loss of less than 1.0 acre of coastal sage scrub habitat not occupied by the coastal California gnatcatcher and would not otherwise preclude design of the reserve system, are considered de minimis and are exempt from the 4(d) rule approval process. Mitigation for de minimis impacts, however, is still required to conform to all underlying resource protection requirements of the local jurisdiction and/or the NCCP guidelines (USFWS and CDFW 1995). Local The Project site is located within the Poway Subarea HCP planning area that is within the Multiple Species Conservation Program (MSCP) planning area. The MSCP is a multi- jurisdictional planning program designed to develop an ecosystem preserve within the City of San Diego and nearby areas including the City of Poway. A preserve system within the City of Poway has been designated the Poway Mitigation Area. Because of the highly developed setting, the Project area is not considered to contain important wildlife linkages or critical habitat for the regional species. As a result, the proposed Project is not located within the Poway Mitigation Area. Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-10 May 2013 The Poway Subarea HCP (City 1996) addresses resource-planning issues and provides incidental take authority for certain state and federally listed species and their habitats. The HCP provides take authority for projects such as the Paguay Redevelopment Plan, the City’s Capital Improvement Program, the Scripps Poway Parkway extension, and other public projects planned by the City or potentially proposed in the future. 2.4.2 Thresholds of Significance The Project would result in significant impacts to biological resources if it would:  Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS.  Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.  Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.  Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites.  Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.  Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 2.4.3 Impacts Vegetation Communities The Project would result in impacts to 14.74 acres of vegetation communities, including 2.35 acres of temporary impacts and 12.39 acres of permanent impacts (Table 2.4-3, Project Impacts to Vegetation Communities, and Figures 2.4-4a and 2.4-4b, Impacts to Vegetation and Sensitive Resources). Specifically, temporary impacts would include impacts to 2.32 acres of disturbed habitat and 0.3 acre of developed land. Permanent impacts would include 0.02 acre of southern willow riparian forest, 0.04 acre of Diegan coastal sage scrub, 0.19 acre of southern mixed chaparral, 0.05 acre of southern mixed chaparral – disturbed, 0.11 acre of non-native grassland, 0.05 acre of eucalyptus woodland, 0.25 acre of disturbed habitat and 11.68 acres of developed land. Impacts to southern willow riparian forest, Diegan coastal sage scrub, southern mixed chaparral (including disturbed) and non-native grassland would be significant. Impacts to eucalyptus woodland would be significant if an active raptor nest were present; however, the observed raptor nest within the BSA would not be affected. In addition, impacts to disturbed habitat and developed land would not be significant, as these habitats are not considered sensitive. % % Study Area Boundary Del Poniente Road Northcrest Lane Titan Way Elden Grove Willow RanchRoad DEV SMC DH DH SWRF NNG SMC-D EUC NNG EUC NNG EUC EUC DCSS DCSS SWRF EUC DCSS EUC SWRF SMC-D DCSS-D SWRF DCSS DH SWRF EUC DCSS SMC-D DEV DCSS DH DH DH NNV DH NNG NNG NNV DW SWS-D FWM DCSS-D DCSS Match to Figure 2.4-4b I:\PROJECTS\B\BAH\BAH-01_Espola Rd\Map\EIR\Fig2-4-4a_Impacts.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet HabitatsWetlands Southern Willow Riparian Forest Southern Willow Scrub Southern Willow Scrub - Disturbed Freshwater Marsh Disturbed Wetland Non-wetland Waters of the U.S. Uplands Diegan Coastal Sage Scrub - Disturbed Diegan Coastal Sage Scrub Southern Mixed Chaparral Southern Mixed Chaparral - Disturbed Non-native Grassland Eucalyptus Woodland Non-native Vegetation Disturbed Habitat DevelopedSensitive Resources %Orange-throated Whiptail (Cnemidophorus hyperythrus beldingi) Open Space Easement Proposed Project Impacts SWRF SWS SWS-D FWM DW DCSS DCSS-D SMC SMC-D NNG EUC NNV DH DEV Impacts to Vegetation and Sensitive Resources ESPOLA ROAD IMPROVEMENT PROJECT Figure 2.4-4a k FWM DCSS-D DH Study Area Boundary Mountain Road Espola Road Staging Area Twin Peaks Road Ezra Lane Los Nietos Avenue Mountain Road Segundo Court Rio Court El Dolora Way Alando Place El Topo Drive Durhullen Drive Golden Sunset Lane Jerome Drive Evergreen Lane Espola Road DEV DH Rattlesnake Creek DEV DH DH NNG SWRF SB SWS EUC DW EUC DEV DW Match to Figure 2.4-4aHabitatsWetlands Southern Willow Riparian Forest Southern Willow Scrub Streambed Disturbed Wetland Non-wetland Waters of the U.S. Uplands Non-native Grassland Eucalyptus Woodland Disturbed Habitat DevelopedSensitive Resources k Raptor Nest Open Space Easement Proposed Project Impacts SWRF SWS SB DW NNG EUC DH DEV I:\PROJECTS\B\BAH\BAH-01_Espola Rd\Map\EIR\Fig2-4-4b_Impacts.mxd -JP Job No: BAH-01 Date: 03/19/13 µ300 0 300150 Feet Impacts to Vegetation and Sensitive Resources ESPOLA ROAD IMPROVEMENT PROJECT Figure 2.4-4b Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-11 May 2013 Table 2.4-3 PROJECT IMPACTS TO VEGETATION COMMUNITIES (acres) Vegetation/Habitat Type Existing Impacts Temporary Permanent Total Southern willow riparian forest 1.98 -- 0.02 0.02 Southern willow scrub 0.05 -- -- -- Southern willow scrub – disturbed 0.02 -- -- -- Freshwater marsh 0.01 -- -- -- Streambed 0.05 -- -- -- Disturbed wetland 0.19 -- -- -- Diegan coastal sage scrub 0.93 -- 0.04 0.04 Diegan coastal sage scrub – disturbed 0.23 -- -- -- Southern mixed chaparral 2.46 -- 0.19 0.19 Southern mixed chaparral – disturbed 1.11 -- 0.05 0.05 Non-native grassland 1.60 -- 0.11 0.11 Eucalyptus woodland 2.12 -- 0.05 0.05 Non-native vegetation 0.06 -- -- -- Disturbed 4.16 2.32 0.25 2.57 Developed 68.39 0.03 11.68 11.71 TOTAL83.36 2.35 12.39 14.74 Source: HELIX 2010 Jurisdictional Areas The Project would permanently impact 0.02 acre of southern willow riparian forest south of Del Poniente Road that is identified as CDFW jurisdictional (Figure 2.4-4a). This impact would be significant. No temporary impacts would occur to CDFW jurisdictional areas. In addition, no Corps jurisdictional areas would be impacted. Sensitive Plant Species No sensitive plant species were observed within the BSA during surveys; therefore, no sensitive plants impacts are anticipated to result from construction of the Project. Sensitive Wildlife Species Two sensitive animals were observed within the BSA (Figure 2.4-4a). Both individuals were orange-throated whiptails, a state species of special concern covered under the Poway Subarea HCP. Although the Project would not impact the locations at which these individuals were observed, it would result in permanent impacts to 0.04 acre of Diegan coastal sage scrub, the habitat of this species. As a result, impacts to this species are identified as significant. As stated previously, an unoccupied raptor nest was detected in a eucalyptus tree located in non- native grassland habitat at the southeastern study area boundary. No permanent impacts would Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-12 May 2013 occur to this nest as it is located beyond the Project impact footprint. Potential impacts to raptors are conservatively assessed, due to the possibility of the nest being reoccupied, or a new nest being established. Mitigation is identified in Section 2.4.4, below. It is anticipated that no impacts would occur to the coastal California gnatcatcher as a result of Project implementation. Protocol surveys within the Project area did not locate this species. Although the Project would permanently impact 0.04 acre of Diegan coastal sage scrub, because this habitat is unoccupied (and is not likely to become occupied) by the gnatcatcher, habitat impacts are identified as less than significant. In order to ensure that impacts remain less than significant, pre-construction surveys are identified in Section 2.4.4, below. Wildlife Movement No impacts to wildlife corridors or impediments to the use of native wildlife nursery sites would occur as none is located within the study area. City of Poway Subarea Habitat Conservation Plan The Project is covered by the Poway Subarea HCP as a public project under “Projects Outside Mitigation Area.” As a result, the Espola Road Improvement Project is consistent with the Poway Subarea HCP. Impacts to Diegan coastal sage scrub and southern willow riparian forest would occur as a result of Project implementation. Both of these habitats are considered sensitive. As a result, any take of habitat is regulated by the USFWS under the federal ESA. Southern willow riparian forest is typically associated with rivers, lakes and streams that are regulated by the Corps, State Water Resources Control Board (SWRCB) and CDFW. The MSCP is a comprehensive, multi-jurisdictional planning program designed to develop an ecosystem preserve within the City of San Diego and nearby areas, including Poway. A preserve system has been designated a Multi-Habitat Planning Area (MHPA). Because a highly developed setting is present, the Project site is not located within any MHPA. 2.4.4 Mitigation Measures Vegetation Communities and Jurisdictional Areas Anticipated mitigation for the Project is listed in Table 2.4-4, Proposed Mitigation for Impacts to Sensitive Habitats. The mitigation ratios for significant impacts to sensitive biological resources are based on the City’s Subarea HCP. Mitigation of adverse impacts to jurisdictional wetlands and Waters of the U.S. is based on the City’s Subarea HCP, and will be confirmed by the resource agencies. All mitigation shall occur prior to or concurrent with impacts. Section 2.4 – Biological Resources Espola Road Improvement Project Final EIR 2.4-13 May 2013 Table 2.4-4 PROPOSED MITIGATION FOR IMPACTS TO SENSITIVE HABITATS (acres) Vegetation Community Impacted Mitigation Ratio and Type1 Impact Mitigation Southern willow riparian forest 3:1 in-kind 0.02 0.06 Diegan coastal sage scrub 2:1 in-kind 0.04 0.08 Southern mixed chaparral 1:1 in-kind2 0.19 0.19 Southern mixed chaparral – disturbed 1:1 in-kind2 0.05 0.05 Non-native grassland 1:1 out-of-kind3 0.11 0.11 TOTAL -- 0.41 0.49 Source: HELIX 2010 1 Based on the Poway Subarea HCP and may be increased by the resource agencies 2 A jurisdiction may require mitigation or levy an in-lieu mitigation fee for impacts if it finds that such actions are necessary to meet MSCP or Poway Subarea HCP goals. When listed species occur, replacement ratio becomes 2:1. 3 Replacement with Diegan coastal sage scrub Upland mitigation will occur at Van Dam Peak on a City-owned parcel within the City’s Subarea HCP. Compensatory mitigation for impacts to southern willow riparian forest would be mitigated through purchase of wetland credits at a location acceptable to the City and resource agencies in compliance with the approved City HCP, or through in-lieu payment acceptable to the City and resource agencies in compliance with the approved City HCP. Credits or in-lieu payment shall support southern willow riparian forest replacement at a 3:1 ratio by a combination of creation (at least 1:1) and enhancement (up to 2:1) (Table 2.4-4). Sensitive Wildlife Species Impacts to the habitat of the orange-throated whiptail shall be mitigated through the preservation of Diegan coastal sage scrub habitat occupied by the orange-throated whiptail, as part of the 0.08 acre of Diegan coastal sage scrub mitigation at Van Dam Peak (discussed above). Raptors and migratory birds have the potential to nest in vegetation within the Project limits, including eucalyptus trees. Potential impacts to active nests shall be avoided by either (1) removal of vegetation including eucalyptus and other non-native trees outside of the breeding season for most migratory birds (February 15 through August 31) or (2) surveys by a qualified biologist prior to removal to ensure that no raptors or migratory birds are nesting. If nesting birds are identified, the tree(s) shall remain in place until all chicks are fledged. Construction activities will be precluded within 50 feet of any active migratory bird nest and 300 feet of any active raptor nest. Pre-construction surveys for the coastal California gnatcatcher shall be conducted in all coastal sage scrub habitat areas within the Project limits. If birds are present (not expected), Espola Road construction activities shall be limited to periods outside the breeding/nesting season in the abutting portion of the road. 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