Loading...
HomeMy WebLinkAboutLEAP-2023-0004 - DBESP ANALYSIS (2)Determination of Biologically Equivalent or Superior Preservation (DBESP) Analysis For Impacts to MSHCP Riparian/Riverine Areas and Vernal Pools, and Narrow Endemic/Criteria Area Plants Baker Industrial Project Permittee City of Lake Elsinore Applicant Ecosystem Investment Partners 1505 Bridgeway, Suite 107 Sausalito, California 94965 Contact: Glen Williams Phone: (415) 465-4423 Consultant Glenn Lukos Associates, Inc. 1940 E. Deere Avenue, Suite 250 Santa Ana, California 92705 Contact: David Moskovitz Phone: (949) 340-2562 February 28, 2024 DBESP Report i Contents 1.0 EXECUTIVE SUMMARY ......................................................................................... 3 2.0 INTRODUCTION ...................................................................................................... 3 2.1 Project Area ....................................................................................................... 3 2.2 Project Description ............................................................................................. 4 2.3 Existing Conditions ............................................................................................. 8 3.0 RIPARIAN/RIVERINE MITIGATION (SECTION 6.1.2) .......................................... 10 3.1 Methods ........................................................................................................... 10 3.2 Results/Impacts ................................................................................................ 14 3.3 Mitigation and Equivalency............................................................................... 21 4.0 NARROW ENDEMIC PLANT SPECIES MITIGATION (SECTION 6.1.3) .............. 25 4.1 Methods ........................................................................................................... 25 4.2 Results/Impacts ................................................................................................ 26 4.3 Mitigation and Equivalency............................................................................... 26 5.0 ADDITIONAL SURVEY NEEDS (SECTION 6.3.2) ................................................ 27 5.1 Criteria Area Species Survey Area - Plants ..................................................... 27 5.2 Burrowing Owl .................................................................................................. 29 5.3 Mammals.......................................................................................................... 31 5.4 Amphibians ...................................................................................................... 31 6.0 DELHI SANDS FLOWER-LOVING FLY ................................................................. 32 7.0 REFERENCES....................................................................................................... 32 TABLES Table 2-1. Summary of Project Components ................................................................. 5 Table 2-2. Summary of Vegetation/Land Use Types for the Project Site ....................... 9 Table 3-1. Summary of Least Bell’s Vireo Surveys ...................................................... 13 Table 3-2. Summary of Southwestern Willow Flycatcher Surveys ............................... 14 Table 3-3. MSHCP Riparian/Riverine Areas at the Project site .................................... 14 DBESP Report ii Table 3-4. Impacts to MSHCP Riverine Areas ............................................................. 17 Table 3-5. MSHCP Vernal Pools at the Project Site ..................................................... 18 Table 3-5. Summary of Peak Flows Existing Versus Proposed (in cfs) ........................ 23 Table 3-6. Summary of Peak Flows Existing Versus Proposed (in cfs) ........................ 24 Table 5-1. Summary of Burrowing Owl Surveys ........................................................... 30 EXHIBITS Exhibit 1 Regional Map Exhibit 2 Vicinity Map Exhibit 3 Project Components Map Exhibit 4A MSHCP Overlay Map Exhibit 4B MSHCP Species Survey Area Map Exhibit 5 Vegetation Map Exhibit 6 Soils Map Exhibit 7 MSHCP Riparian/Riverine Areas and Vernal Pools Exhibit 8 Rare Plants Map Exhibit 9 Plant Restoration Map Exhibit 10 Burrowing Owl Survey Map Exhibit 11 Site Photographs APPENDICES Appendix A Conceptual Grading Plan – Baker Industrial Project Appendix B Biological Technical Report Appendix C Report of 2021 Dry Season Fairy Shrimp Surveys Appendix D Report of 2023 Dry Season Fairy Shrimp Surveys [Pending] Appendix E Report of 2023/2024 Wet Season Fairy Shrimp Surveys [Pending] Appendix F Report of 2020 Southwestern Willow Flycatcher and Least Bell’s Vireo Surveys Appendix G Preliminary Drainage Report DBESP Report 3 1.0 EXECUTIVE SUMMARY This document provides an analysis in support of a Determination of Biologically Equivalent or Superior Preservation (DBESP) for the Baker Industrial Project (the Project) located in the City of Lake Elsinore, Riverside County, California, in regard to the Multiple Species Habitat Conservation Plan (MSHCP) requirements for Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools (MSHCP Volume I, Section 6.1.2). This document has been prepared following the MSHCP DBESP Report Template created by the Regional Conservation Authority (RCA), to demonstrate that with the appropriate mitigation, the Project will represent a “biologically equivalent or superior” alternative to avoidance. This document summarizes the findings of general biological surveys, habitat assessments, and vegetation mapping, as they relate to riparian and vernal pool resources, and species with MSHCP survey requirements. 2.0 INTRODUCTION 2.1 Project Area The Project site comprises approximately 124.60 acres in the City of Lake Elsinore, Riverside California [Exhibit 1 – Regional Map] and is located within an un-sectioned portion of Township 5 South, Range 5 West, of the U.S. Geological Survey (USGS) 7.5- minute quadrangle map Lake Elsinore, California [Exhibit 2 – Vicinity Map]. The Project site is located southwest of Interstate-15, the Lake Elsinore Outlet Center and Temescal Creek/Collier Marsh. The Project site includes the following Assessor’s Parcel Numbers (APNs): Onsite 378-020-014 378-020-015 378-020-016 378-020-028 378-020-029 378-020-030 378-020-031 378-020-036 378-020-037 378-020-048 Offsite 378-020-012 DBESP Report 4 378-020-038 378-020-039 378-020-042 378-020-043 378-114-064 389-080-058 389-080-013 RCA Conserved Land 378-020-024 378-020-033 378-020-034 378-020-040 378-020-041 378-020-054 2.2 Project Description 2.2.1 General Description The overall Project site totals 124.60 acres and is presented here in five distinct components: 1. The Industrial Project development footprint (referred to as the “onsite” portion of the Project) 2. Baker Street Improvements (offsite) 3. A proposed City Maintenance Area (offsite) – to be located along the edge of Baker Street 4. Additional Street Improvements (offsite) – includes improvements to Pierce Street and Nichols Road 5. RCA Conserved Lands – includes 33.66 acres of lands to be conserved by the Project located northeast of the proposed City Maintenance Area and southeast of Pierce Street/Nichols Road The five Project components are depicted on Exhibit 3 [Project Components Map]. Table 2-1 summarizes the acreages of these five components, broken out for portions inside versus outside of Criteria Cells. DBESP Report 5 Table 2-1. Summary of Project Components Project Component Inside Criteria Cells (Acres) Outside Criteria Cells (Acres) Total (Acres) Industrial Project 34.25 31.56 65.81 Baker Street Improvements 4.45 1.66 6.11 City Maintenance Area 2.44 0.29 2.73 Additional Street Improvements 5.83 10.46 16.29 RCA Conserved Lands 32.00 1.66 33.66 Total 78.97 45.63 124.60 2.2.2 Industrial Project (Onsite) The Baker Industrial Project (Project) is proposing two industrial buildings for a total of approximately 1,002,000 square feet of industrial space. The proposed site plan provides adequate standard vehicle parking fields and an additional trailer parking field along the southern end of the property. The Project grading consists of a development pad graded to convey onsite and offsite stormwater northerly while maintaining the hydrologic regime of the property and surrounding tributaries. Larger slopes and associated retaining walls are located along the southerly property line. The Project will accept offsite flows from the southern tributaries (developed) through two flow-by basins also located along the southerly property line. Storm flows are then conveyed through the Project storm system and discharged in flow and quantity at their historical locations along the northern side of Baker Street. Onsite flows are collected through inlets/catch basins and conveyed through the proposed storm drain system to one of three underground storm chambers. With limited opportunities to infiltrate onsite storm flows, each chamber system will treat the pollutants of concern and discharge all treated flows consistent with historical quantities and flow characteristics along the northerly right-of-way of Baker Street. The Project includes the preparation of a Preliminary Hydrology Study to analyze the existing condition storm flows across the property as well as the proposed condition conveyances to existing discharge locations. The hydrology study will confirm flow values based on standard storm intensities and discharge volumes, flow rates, and velocities. The Project also includes a Preliminary Water Quality Management Plan (WQMP) that identifies the Best Management Practices (BMPs) proposed to be DBESP Report 6 implemented to treat project related pollutants for onsite and offsite impervious improvements. The WQMP will identify the post-construction treatment control and site design BMPs to treat specific pollutants from onsite impervious areas as well as the public right-of-way prior to discharge at historical locations on the northern side of the proposed Baker Street corridor improvements. BMPs located within the public right-of- way of Baker Street and Nichols Road will treat roadway specific pollutants within bio- retention/modular wetland facilities upstream of the specified discharge locations. A Storm Water Pollution Prevention Plan (SWPPP) will be prepared and implemented prior to onsite and offsite project construction disturbance. The SWPPP will focus on the design, installation, and treatment of construction related pollutants. The SWPPP document will be approved through the State of California and the Project will be registered as required by the Construction General Permit. The Project will be monitored before, during and after rain events to ensure BMP implementation and effectiveness in protecting downstream habitats and receiving water bodies. The Project proposes to construct an 8-inch sewer pipeline within Baker Street to convey wastewater flows north westerly to the existing Nichols Road Lift Station. The pipeline is proposed at standard depth and will connect to the existing Elsinore Valley Municipal Water District (EVMWD) 15-inch sewer line constructed within the Pierce and Baker intersection. The Nichols Lift Station will require an upgrade to its ultimate build- out capacity. The lift station upgrades will occur within the existing EVMWD parcel and will also require an upsized force main between the lift station and the discharge manhole within the Nichols and Collier intersection. EVMWD has master planned a new force main from the permanent lift station to convey flow south in Baker Street to Turnbull Avenue. From there a new gravity sewer line is identified in Turnbull Avenue and south to the Regional Wastewater Treatment Plant. The gravity sewer alignment would require construction of many sections of the gravity sewer line in private streets and private property where easements would need to be acquired. The EVMWD Master Plan exhibit in Attachment 2 provides the proposed alignment of the force main and downstream gravity sewer. An alternative sewer force main alignment was studied by KWC Engineers in 2015 that would route the force main in Collier Avenue. The force main and downstream gravity sewer improvements under the revised alignment would keep all improvements within existing public right-of-way. The Collier Avenue alignment would also allow the improvements to be phased by constructing a force main with the first phase of the permanent lift station and then constructing a parallel or replacement force main when the lift station is expanded to its ultimate capacity. The Collier Avenue alignment alternative was reviewed with EVMWD staff recently and they take no objection to proceeding with that alignment. EVMWD did, however, note that they will need to evaluate the downstream impacts of flows routed down Collier Avenue and that depending on the extent of required downstream improvements, not all the improvements may be eligible for fee credits. Once the capacity study currently being reviewed by EVMWD is approved, KWC will initiate the PDR for the lift station and coordinate with EVMWD on the downstream sewer system analysis. DBESP Report 7 For water service, an EVMWD 36-inch 1434 Zone CIP line is proposed to be installed in Nichols Road from Terra Cotta Road to Baker Street and in Baker Street to the existing 20-inch line that supplies the Baker Reservoir. The Project proposes to receive water service by making two connections to the proposed transmission line in Baker Street and constructing a looped piping system onsite between the two connections. EVMWD does not allow fire hydrants to be served off private systems so the onsite loop will need to be public. The onsite line will be located in an easement and be located in accordance with EVMWD requirements which includes not locating the line beneath landscaped medians or parking stalls. The 1434 Zone has a large surplus of reservoir storage capacity and additional storage is not required to provide service to the Project. The 1434 Zone has a large surplus of reservoir storage capacity and additional storage is not required to provide service to the Project. 2.2.3 Baker Street (Offsite) Existing Baker Street is an unimproved dirt road with a 60-foot-wide right-of-way. The Project proposes to dedicate four feet on each side of Baker Street to the ultimate 68 feet right-of-way required by the City of Lake Elsinore’s (City) Collector roadway designation and as listed within the City’s circulation element. The Project will also be realigning Baker Street for a direct connection and new intersection with Nichols Road, which is discussed below under “Additional Street Improvements”. The Baker Street Collector section consists of a six-inch curb and gutter, a five-foot-wide sidewalk within a 10-foot parkway and 22 feet of pavement from centerline to lip of gutter on each side of the street. Baker Street is proposed to be elevated an average of five feet above its existing elevations to support drainage conveyance and flood protection of the public right-of-way. The northeast parkway of Baker Street will slope down from the proposed five-foot sidewalk to daylight within the northerly properties. The Project proposes to elevate the road surface of Baker Street to support drainage protection and conveyance. Along the northern edge of Baker Street, a graded and landscaped slope will daylight to existing ground within the parcels north of existing Baker Street right-of-way. The proposed slope will provide areas to safely construct storm drain outlets that will convey historical storm flows to existing flow lines and environmentally sensitive areas identified within the Project studies of these properties. The storm outlets will include energy dissipation improvements to control the storm water outlet depth and velocity to mimic existing conditions. 2.2.4 City Maintenance Area (Offsite) As noted above, the Project proposes to elevate the road surface of Baker Street to support drainage protection and conveyance. Along the northern edge of Baker Street, a graded and landscaped slope will daylight to existing ground within the parcels north of existing Baker Street right-of-way. The proposed slope will provide areas to safely construct storm drain outlets that will convey historical storm flows to existing flow lines DBESP Report 8 and environmentally sensitive areas identified within the Project studies of these properties. The storm outlets will include energy dissipation improvements to control the storm water outlet depth and velocity to mimic existing conditions. A maintenance access road is proposed along the toe-of-slope for ongoing maintenance of the slope, the associated landscaping, any required fencing, and the outlet structures. Where sensitive environmental areas exist (vernal pools identified within the Project environmental studies), the improvements are proposed to be scaled back to minimize or eliminate impacts in and adjacent to the defined zones. Construction buffers will be implemented to reduce accidental disturbance and the areas will be clearly delineated and recognizable to construction crews/personnel. 2.2.5 Additional Street Improvements (Offsite) In addition to the Baker Street improvements described above, the Project will also improve Pierce Street and Nichols Road. The Project will realign Baker Street for a direct connection and new intersection with Nichols Road. The intersection design will likely consist of signal pole placement consistent with the ultimate build-out of Nichols Road (Urban Arterial Highway – 120’ right-of-way). Nichols Road improvements will likely consist of an interim intersect with appropriate pavement tapering to the east and west leading away from the new intersection with Baker Street. Minor roadway resurfacing may be required along the existing Nichols Road segment between the Baker Street intersection and the Collier Avenue intersection. The Nichols and Collier intersection may also include minor surface improvements, revised lane striping and potential traffic control/signage improvements. Existing Pierce Street varies in right-of-way width along the Project’s frontage. The Project proposes to construct Pierce Street to its ultimate 60-foot width between Baker Street and Hoff Avenue. The ultimate street section will include a six-inch curb, standard gutter, five-foot-wide sidewalk within an overall 10-foot parkway and 18 feet of pavement from centerline to lip-of-gutter on each side of the street. Other project related street improvements beyond the Project frontage will be assessed with the traffic impact analysis. 2.2.6 RCA Conserved Land The Project is conserving 33.66 acres of lands bordered by the Baker Street, Pierce Street and Nichols Road improvements. 2.3 Existing Conditions The overall Project site varies in topography from slightly hilly to flat, sloping from southwest to northeast. The onsite portion of the Project site (industrial component) consist of several small hills and ridges sloping from the southwest down to the existing dirt road of Baker Street, with the site being flatter on the northern end near the Baker DBESP Report 9 Street/Pierce Street intersection. Northeast of Baker Street, the landscape is flat with a very gradual change in elevation to the northeast towards Alberhill Creek/Collier Marsh. Elevations at the Project site range from approximately 1,400 feet above mean sea level (AMSL) at the southwestern boundary of the development footprint to 1,250 feet AMSL at the northeastern limits of the proposed RCA Conserved Lands. Soils within the onsite portion of the Project site consist mainly Lodo Rocky Loam and Willows Silty Clay (saline-alkali). The Willows soils occur in the lower portions of site, with the rocky loam soil occurring in the higher elevation areas. The Willows soils extend into the site from the adjacent Collier Marsh area. These alkaline soils are strongly associated with the plant species that occur occurring in the vernal pools immediately northeast of Baker Street. The offsite (undeveloped) portions of the Project site predominantly consist of fine sandy loam soils. The proposed RCA Conserved Lands consist of Willows silty clay soils as well as the fine sandy loam soils. GLA mapped nine distinct vegetation/land use types for the Project site, including Akali Grassland, Akali Playa, Disturbed/Developed, Open Water, Riversidean Sage Scrub, Semi-Natural Herbaceous Grassland, Disturbed Semi-Natural Herbaceous Grassland, Southern Willow Scrub and Vernal Pool. Table 2-2 provides a summary of the vegetation types and their corresponding acreage. A Vegetation Map is attached as Exhibit 6. Photographs depicting the Project site are shown in Exhibit 12. Table 2-2. Summary of Vegetation/Land Use Types for the Project Site Vegetation/Land Use Type Inside Criteria Cells (acres) Outside Criteria Cells (acres) Total (acres) Alkali Grassland 4.06 0 4.06 Alkali Playa 0.73 0 0.73 Disturbed/Developed 9.62 8.72 18.34 Open Water 0.09 0 0.09 Riversidean Sage Scrub 2.49 0.52 3.01 Semi-Natural Herbaceous Grassland 38.88 30.83 69.71 Disturbed Semi-Natural Herbaceous Grassland 20.71 5.56 26.27 Southern Willow Riparian Scrub 1.14 0 1.14 Vernal Pool 1.25 0 1.25 Total 78.97 45.63 124.60 DBESP Report 10 3.0 RIPARIAN/RIVERINE MITIGATION (SECTION 6.1.2) 3.1 Methods 3.1.1 Riparian/Riverine Areas The MSHCP defines riparian areas as “lands which contain habitat dominated by trees, shrubs, persistent emergent mosses and lichens, which occur close to, or which depend upon soils moisture from a nearby fresh water source. In the absence of riparian habitat, the MSHCP defines riverine areas as areas with fresh water flow during all or a portion of the year.” GLA surveyed the Project site for riparian/riverine areas. GLA biologists Jillian Stephens and David Moskovitz initially evaluated the site in April 2020, with follow-up visits conducted by GLA regulatory specialists Chris Waterston and Lesley Lokovic- Gamber on February 9, 2021, and April 20 and July 29, 2022. 3.1.2 Vernal Pools The MSHCP defines vernal pools as “seasonal wetlands that occur in depression areas that have wetlands indicators of all three parameters (soils, vegetation, and hydrology) during the wetter portion of the growing season but normally lack wetland indictors of hydrology and/or vegetation during the drier portion of the growing season.” GLA surveyed the Project site for vernal pools as part of the jurisdictional delineation to identify seasonal wetlands. GLA biologists evaluated the topography of the site, including whether the site contained depressional features/topography with the potential to become inundated; whether the site contained soils associated with vernal/seasonal pools; and whether the site supported plants that suggested areas of localized ponding. The site was evaluated on multiple occasions during the rainfall season, including in 2020, 2021 and 2022. GLA biologists Jillian Stephens and David Moskovitz initially evaluated the site in April 2020, with follow-up visits conducted on February 9, 2021, and April 20, 2022. 3.1.3 Fairy Shrimp The Project site contains four seasonally ponding features with a potential to support listed fairy shrimp, including one stock pond feature within the Industrial portion of the Project, and three vernal pools that either overlap with the offsite improvements and maintenance area associated with Baker Street or are immediately adjacent in the proposed RCA Conserved Lands. All four features require protocol surveys (dry season and wet season) to determine the presence or absence of listed fairy shrimp. GLA initially documented the four features in April 2020 and intended to perform wet and dry season surveys in 2021; however, the wet season survey could not be performed in 2021 due to insufficient rainfall. Dry season surveys were then intended to be DBESP Report 11 performed in 2021. The lands containing two of the pools were disked and so soil samples were not collected from those pools; however, soil samples were collected from the two pools that were not disked and cysts of the Genus Branchinecta were detected in both pools [Appendix C – 2021 Dry Season Fairy Shrimp Report]. To complete the survey protocol for all four features, dry season surveys are in progress with wet season surveys to be conducted for the upcoming 2023-2024 rainfall season. Dry Season Surveys Soil sample collection followed the USFWS Survey Guidelines for the Listed Large Branchiopods (Survey Guidelines). 1 GLA biologist David Moskovitz (PER0010680-0) supervised the collection of soil samples along with GLA biologists Stephanie Cashin and Chris Waterston in October and November 2023. Soil samples were collected when the pools were dry using a hand trowel to collect intact chunks of soil from the top 1–3 cm of pool sediment. The number of soil samples collected from each of features was based on feature size according to the Survey Guidelines. Starting at the edge of each depression, samples were taken from equidistant points along the longest transect and widest transect of each depression. Additional samples were taken at the deepest part of each feature. Soil samples of approximately 100 milliliters (ml) each were removed at each sub- sample location using a hand trowel and were combined into a labeled bag for each feature with the collection date, location and feature ID, and name of collector for future processing. Samples were stored in a dry location out of direct sunlight until delivery to Helm Biological Consulting (HBC) for processing. The results of the soil processing are pending and will be detailed in a separate Dry Season Survey Fairy Shrimp Report, which will be Appendix D for a future version of this Consistency Analysis. Wet Season Surveys Wet season fairy shrimp surveys will be performed for the four seasonal pond features for the 2023-2024 rainfall season, as a follow up to the pending dry season surveys. In accordance with the USFWS Survey Guidelines for the Listed Large Branchiopods (Survey Guidelines) dated November 13, 2017, site visits will be conducted following measurable rainfall events to determine whether any of the features contained a minimum of three centimeters (cm) of ponding after 24 hours from the rainfall event. Under typical conditions, sampling will commence within seven days of initial ponding. Sampling will continue weekly until the features are dry or have been inundated continuously for 120 days. If dried features re-inundate, sampling will begin again as above. Sampling for the presence of fairy shrimp will be performed using a dip net within representative portions of the depression bottom, edges, and vertical water column when there is adequate ponding. Specimens will be placed into vials, with 1 USFWS. Survey Guidelines for the Listed Large Branchiopods, Revised: November 13, 2017. DBESP Report 12 unique depression information, containing 95% ethanol solution. Specimens will be identified through microscopy and using the “Key to California Fairy Shrimps” found in Eriksen and Belk (1999, Revised 2016).2 The results of the wet season surveys will be detailed in a separate Wet Season Survey Fairy Shrimp Report, which will be Appendix E for a future version of this Consistency Analysis. 3.1.4 Riparian Birds The MSHCP requires habitat assessments and focused surveys (if suitable habitat) for least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus), and western yellow-billed cuckoo (Coccyzus americanus occidentalis). The proposed development areas of the Project do not contain suitable habitat for these species; however, Alberhill Creek contains suitable habitat for the vireo and flycatcher, and because the proposed improvements to Nichols Road are adjacent to the creek, focused surveys were conducted for both species. GLA performed protocol surveys for least Bell’s vireo and southwestern willow flycatcher in 2020. The survey methods and results are summarized here. A separate survey report is included as Appendix F. Least Bell’s Vireo GLA biologists Stephanie Cashin, Jeff Ahrens and April Nakagawa conducted focused surveys for the least Bell’s vireo within the portions of Alberhill Creek in proximity to the Project site. Surveys were conducted in accordance with the 2001 USFWS survey guidelines, which stipulate that eight surveys should be conducted between April 10 and July 31, with a minimum of ten days separating each survey visit. Focused surveys were conducted on April 13, May 5, 18 and 28, June 8 and 19, and July 15 and 28, 2020. Pursuant to the survey guidelines, the surveys were conducted between sunrise and 11:00 a.m. Weather conditions during the surveys were conducive to a high level of bird activity. Table 3-1 summarizes the vireo survey visits. 2 Eriksen, C. and D. Belk. 1999. Fairy Shrimps of California’s Puddles, Pools, and Playas. Mad River Press, Inc. Eureka, California. DBESP Report 13 Table 3-1. Summary of Least Bell’s Vireo Surveys Survey Date Biologist(s) Start/End Time Start/End Temperature (°F) Start/End Wind Speed (mph) Cloud Cover 4/13/20 SC 0620/1000 60/68 0-1/0-1 100/100 5/5/20 JA 0550/0920 56/75 1-2/0-2 0/0 5/18/20 JA 0550/1100 57/69 1-2/1-2 80/50 5/28/20 AN 0600/1100 62/84 0-1/0-1 0/0 6/8/20 AN 0645/1100 58/75 8-10/8-10 0/0 6/19/20 SC 0615/1015 59/67 0-2/0-1 100/50 7/15/20 AN 0645/1100 62/77 0-1/0-1 100/0 7/28/20 AN 0700/1100 62/88 0-1/4-5 0/0 SC = Stephanie Cashin; JA = Jeff Ahrens; AN = April Nakagawa Southwestern Willow Flycatcher GLA biologist Jeff Ahrens conducted focused surveys for the southwestern willow flycatcher for all suitable habitat areas within the Project site. Surveys were conducted in accordance with the 2010 USFWS survey guidelines, which stipulate five survey visits between May 15 and July 17, divided into three survey periods. The southwestern willow flycatcher is one of three subspecies of willow flycatcher that occur within southern California but is the only subspecies that breeds in southern California. The other subspecies may occur in southern California as they migrate through the area onwards to northern breeding areas but will not breed in southern California. If present, these subspecies may be detected during the first and/or second survey periods. The presence of the southwestern willow flycatcher is determined by willow flycatchers that remain in southern California during the third survey period. Focused surveys were conducted on May 18, June 9 and 23, and July 1 and 16, 2020. Pursuant to the survey guidelines, the surveys were conducted between one hour prior to sunrise and 10:00 a.m. Weather conditions during the surveys were conducive to a high level of bird activity. Table 3-2 summarizes the flycatcher survey visits. DBESP Report 14 Table 3-2. Summary of Southwestern Willow Flycatcher Surveys Survey Date Biologist(s) Start/End Time Start/End Temperature (°F) Start/End Wind Speed (mph) Cloud Cover 5/18/20 JA 0550/1100 57/69 1-2/1-2 80/50 6/9/20 JA 0600/0940 53/73 1-2/1-2 0/0 6/23/20 JA 0555/1000 58/68 0-1/0-1 100/0 7/1/20 JA 0555/0930 60/66 1-2/1-2 100/100 7/16/20 JA 0550/0930 59/72 1-2/0-1 30/0 JA = Jeff Ahrens 3.2 Results/Impacts 3.2.1 Riparian/Riverine Areas The Project site contains approximately 3.03 acres of MSHCP riparian/riverine areas, including 2.36 acres of riparian habitats associated with Alberhill Creek, and 0.67 acre associated with six drainage features (Drainage A through F) [Exhibit 8 – MSHCP Riparian/Riverine Areas and Vernal Pools]. Approximately 2.58 acres of riparian/riverine areas are inside Criteria Cells and 0.45 acre of riverine areas are outside Criteria Cells. The 2.36 acres associated with Alberhill Creek includes 1.14 acres of Southern Willow Riparian Scrub, 0.73 acre of Alkali Playa, 0.09 acre of Open Water, and 0.40 acre of Semi-Natural Herbaceous Grassland. Table 3-3 below summarizes the riparian/riverine areas at the Project site. Table 3-3. MSHCP Riparian/Riverine Areas at the Project site Inside Criteria Cells Outside Criteria Cells Drainage Riverine (acres) Riparian (acres) Riverine (acres) Riparian (acres) Total (acres) Alberhill Creek 0 2.36 0 0 2.36 Drainage A 0.15 0 0.03 0 0.18 Drainage B 0 0 0.13 0 0.13 Drainage C 0.03 0 0 0 0.03 Drainage D 0 0 0.09 0 0.09 Drainage E 0.04 0 0 0 0.04 Drainage F 0 0 0.20 0 0.20 Total 0.22 2.36 0.45 0 3.03 DBESP Report 15 Alberhill Creek Alberhill Creek enters the Project’s RCA Conserved Land from the southeast and extends in a northwesterly direction before exiting the conserved parcels just before the Nichols Road crossing. Alberhill Creek is dominated by southern willow scrub riparian habitat with an alkali playa component occurring in the abutting floodplain. A majority of the alkali playa component in the northeastern portion of the site exhibits at least some degree of soil disturbance and alterations to the hydrologic regime as evidenced by the presence of tire tracks, road ruts, and unauthorized dumping. Dominant riparian/wetland vegetation associated with Alberhill Creek includes salt cedar (Tamarix ramosissima), black willow (Salix gooddingii), arroyo willow (Salix lasiolepis), and mulefat (Baccharis salicifolia), with alkali bulrush (Bolboschoenus maritimus), common toad rush (Juncus bufonius), and cattail (Typha spp.). Other common plants include common nettle (Urtica dioica), shortpod mustard (Hirschfeldia incana), silverscale saltbush (Atriplex argentea), San Jacinto Valley crownscale (Atriplex coronata var. notatior), western ragweed (Ambrosia psilostachya), saltgrass (Distichlis spicata), and annual rabbitsfoot grass (Polypogon monspeliensis). Drainage A Drainage A originates offsite to the southwest, extending through the onsite portion of the Project to Baker Street where it crosses under Baker Street through a pipe culvert continuing in a northeasterly direction before its confluence with Alberhill Creek. The lower portion of Drainage A in the parcel boundary drains into one of three seasonal ponds (described separately below) before continuing its course towards Alberhill Creek. Drainage A ranges from two to six feet in width as evidenced by water marks, changes in soil characteristics, and bent vegetation. Vegetation associated with Drainage A includes foxtail barley (Hordeum murinum), soft chess (Bromus hordeaceus), ripgut brome (Bromus diandrus), red brome (Bromus madritensis ssp. rubens), rattail fescue (Festuca myuros), common Mediterranean grass (Schismus barbatus), cheeseweed (Marva parviflora), wild oats (Avena fatua), common fiddleneck (Amsinckia intermedia), stinknet (Oncosiphon piluliferum), annual mustard (Brassica ssp.), shortpod mustard, goldenbush (Isocoma menziesii), London rocket (Sisybrium irio), alkali heliotrope (Heliotropium curassavicum), and a single tamarisk. Additional species observed in the downstream reach include salt grass, alkali weed, ragweed, and a single tamarisk. This feature flows only in direct response to precipitation and was completely dry during the field investigations. DBESP Report 16 Drainage B Drainage B is an earthen ephemeral drainage that enters the Baker parcel from the west along the edge of a former residential property and extends in a northeasterly direction towards Baker Street. Drainage B conveys storm water flows and receives irrigation runoff from the adjacent rural residence. The drainage extends up to ten feet in width as evidenced by changes in soil characteristics and bent vegetation. Vegetation associated with Drainage B consists primarily of semi-natural herbaceous grassland that includes foxtail barley, soft chess, ripgut brome, red brome, rattail fescue, common Mediterranean grass, cheeseweed, wild oats, common fiddleneck, stinknet, annual mustard, summer mustard, goldenbush, heliotrope, and London rocket. Drainage C Drainage C is an erosional ephemeral drainage that originates offsite from the adjacent hillsides and extends in a northerly direction towards Baker Street. Drainage C averages two feet in width as evidenced by changes in soil characteristics and eroded channel banks in the upstream reach. The drainage bottom contains cobbles and was completely dry during the field investigations. Vegetation associated with Drainage C consists primarily of semi-natural herbaceous grassland that includes foxtail barley, soft chess, ripgut brome, red brome, rattail fescue, common Mediterranean grass, cheeseweed, wild oats, common fiddleneck, stinknet, annual mustard, summer mustard, goldenbush, heliotrope, and London rocket. Areas adjacent to the drainage contain patches of California buckwheat (Eriogonum fasciculatum), bush sunflower (Encelia californica), and California sagebrush (Artemisia californica). Drainage D Drainage D is an erosional drainage that occurs in the southwestern portion of the Baker parcel. The drainage originates offsite from the southwest and meanders in a northeasterly direction before exiting the parcel boundary at an existing rural residence. Drainage D ranges between two and six feet in width and contains eroded banks and cobbles. This feature conveys flow only in direct response to precipitation and was completely dry during the field investigation. Vegetation associated with Drainage D consists primarily of semi-natural herbaceous grassland that includes foxtail barley, soft chess, ripgut brome, red brome, rattail fescue, common Mediterranean grass, cheeseweed, wild oats, common fiddleneck, stinknet, annual mustard, summer mustard, goldenbush, heliotrope, and London rocket. Areas adjacent to the drainage contain patches of California buckwheat, bush sunflower, and California sagebrush. DBESP Report 17 Drainage E Drainage E is an earthen ephemeral drainage that originates as run-off from Nichols Road. This feature extends in an easterly direction before dissipating as sheet flow. The drainage averages three feet in width, and depending on rainfall amounts, conveys a surficial connection to Alberhill Creek. Vegetation associated with the drainage is limited to non-native upland grasses and weeds including foxtail barley, soft chess, ripgut brome, red brome, rattail fescue, common Mediterranean grass, cheeseweed, wild oats, common fiddleneck, stinknet, annual mustard, summer mustard, heliotrope, and London rocket. This drainage lacks hydrophytic vegetation and was completely dry during the field investigations. Vegetation associated with Drainage E consists primarily of semi-natural herbaceous grassland that includes foxtail barley, soft chess, ripgut brome, red brome, rattail fescue, common Mediterranean grass, cheeseweed, wild oats, common fiddleneck, stinknet, annual mustard, summer mustard, goldenbush, heliotrope, and London rocket. Drainage F Drainage F consists of a roadside drainage channel along the northern edge of Nichols Road. This feature extends in an easterly direction. The drainage averages six feet in width and is generally unvegetated. The proposed Project will permanently (directly) impact approximately 0.50 acre of MSHCP riverine areas but will not impact any riparian habitat. Impacts will occur to five drainage features (A, B, C, D and F). Table 3-4 summarizes impacts to riverine features. Table 3-4. Impacts to MSHCP Riverine Areas Drainage Inside Criteria Cells (acres) Outside Criteria Cells (acres) Total Impacts (acres) Drainage A 0.02 0.03 0.05 Drainage B 0 0.13 0.13 Drainage C 0.03 0 0.03 Drainage D 0 0.09 0.09 Drainage F 0 0.20 0.20 Total 0.05 0.45 0.50 The drainage features to be impacted by the Project are vegetated with semi-natural herbaceous grassland, which is dominated by a mix of non-native grasses and native and non-native forbs. As such, the drainages to not support biological functions for the DBESP Report 18 MSHCP Section 6.1.2 species. The functions of the drainage features are limited to hydrologic functions, specifically conveyance downstream towards the Alberhill Creek floodplain. The drainage features collect runoff from the southwest and generally convey flows to the northeast. As documented in the Project’s Preliminary Drainage Report (Appendix G), the Project is designed to collect the runoff and mimic the existing hydrologic conditions of the drainages to the maximum extent feasible, such that the Project is not expected to adversely affect the hydrologic functions of the drainages. 3.2.2 Vernal Pools The Project site contains three areas on the northeastern side of Baker Street that pond seasonally and exhibit the three wetland parameters to meet the definition of MSHCP Vernal Pools. These areas are referenced herein as Vernal Pools 1, 2, and 3, all of which are inside Criteria Cells. Vernal Pools 1 and 2 are in proximity to, but do not directly abut, Alberhill Creek. Vernal Pool 3 is connected to Drainage A, which connects with Alberhill Creek. All three vernal pools are in areas mapped as containing Willows Silty Clay soils [Exhibit 7 – Soils Map]. Each of the vernal pools, as described below, are unique in terms of their hydrology, soils appearance, relationship to the ecosystem and vegetation assemblage. Table 3-5 summarizes vernal pools at the Project site and impacts to those pools. Table 3-5. MSHCP Vernal Pools at the Project Site Vernal Pool Total Pool Area (acres) Impacts to Vernal Pools (acres) Vernal Pool 1 0.21 0 Vernal Pool 2 0.40 0.01 Vernal Pool 3 0.63 0.07 Total 1.24 0.08 Vernal Pool 1 Vernal Pool 1 is approximately 0.21 acre. The vernal pool is in an area mapped as containing Willow Silty Clay soils (saline-alkali) and the strong alkaline component is evident in the white color of the spoils. The main ponding area does not become heavily vegetated due to the alkalinity; however, the areas surrounding the ponding basin supports species such as salt grass, Coulter’s goldfields, vernal barley, and San Jacinto Valley crownscale. Adjacent to the area of Vernal Pool 3, the floodplain of the Alberhill Creek/Collier Marsh bows out and is proximal to the vernal pool, such that it appears that this vernal pool is more directly influenced hydrologically and historically in its formation by the creek. DBESP Report 19 Vernal Pool 2 Vernal Pool 2 is approximately 0.40 acre. As with Vernal Pool 1, this vernal pool is in an area mapped as containing Willow Silty Clay soils (saline-alkali). However, Vernal Pool 2 has a different appearance than Vernal Pool 1 in the soils and the resulting vegetative makeup. All three vernal pools at the Project site have been disturbed in the past and it is possible that soils underlying Vernal Pool 2 have been modified, possibly with in-fill soils. Regardless, the vernal pool contains a strong alkaline component. A few individuals of Coulter’s goldfields were observed on the edge of the pool; however, the other species associated with Vernal Pools 1 and 3 were not detected in Vernal Pool 2. Vernal Pool 3 Vernal Pool 3 is approximately 0.63 acre. As with Vernal Pools 1 and 2, this vernal pool is in an area mapped as containing Willow Silty Clay soils (saline-alkali). However, the appearance (color) of the soils associated with Vernal Pool 3 suggests a lesser alkaline component than with Vernal Pool 1, which is also reflected in the denser vegetation within Vernal Pool 3, including a sizeable population of Coulter’s goldfields. Additional vernal pool plant species noted in Vernal Pool 3 includes vernal barley and woolly marbles (Psilocarphus brevissimus var. brevissimus) and alkali popcorn flower (Plagiobothrys leptocladus). Hydrologically, Vernal Pool 3 is different than the other two vernal pools. Drainage A is connected to the downslope end of the pool and runoff from Drainage A helps to feed the pool along with runoff from Baker Street, and vertical rainfall falling on the pool and from the immediate watershed. The Project will permanently impact up to 0.08 acre of Vernal Pool 2 (0.01 acre) and Vernal Pool 3 (0.07 acre) along the southern edge because of constructing the storm drain outlets along the edge of the Baker Street improvements, although much if not all of the impacts might be temporary. As described below, the southern edge of Vernal Pool 3 will be recontoured following the completion of construction of the Baker Street improvements and the storm drain outlets, and the vernal pool will be part of the Project’s proposed RCA Conserved Land. The potential impact to Vernal Pool is limited to 0.01 acre at the southern edge, and it is expected that work limits will be adjusted in the field under the supervision of the Project Biologist to fully avoid Vernal Pool 2. Vernal Pools 1 will be avoided by the Project, and both Vernal Pools 1 and 2 will also be part of the RCA Conserved Land. Regarding indirect effects, Vernal Pool 3 is hydrologically unique compared with the other two vernal pools, in that Vernal Pool 3 is partially fed by Drainage A, which flows through the topographically lower end of the vernal pool. The vernal pool also receives hydrologic input from another culvert location at the edge of Baker Street. As noted above in the project description, the Project will construct two storm drain outlets at DBESP Report 20 these same locations. The Project will construct the two outlets and configure the post- Project hydrology in a manner that will mimic the existing conditions to the maximum extent feasible. The outlets will be constructed approximately 250 feet apart from each other and will collectively release water such that runoff will be spread between the two outlets and into the vernal pool similar to the existing condition. The Project’s Preliminary Drainage Report is included as Appendix G. 3.2.3 Fairy Shrimp As noted above, a partial dry season survey was completed in 2021 for Pools 2 and 4, with cysts of the genus Branchinecta detected in both pools [Appendix C – 2021 Dry Season Fairy Shrimp Report]. However, a wet season survey has not yet been performed for these features to confirm the species of Branchinecta present, and no surveys have been performed for Pools 1 and 3. Dry season surveys have been initiated for all four pools and the results are pending. Wet season surveys are also in progress. To date, the versatile fairy shrimp (B. lindahli) has been detected in Pools 1 through 3 but has not yet been confirmed in Pool 4. Listed fairy shrimp have not been detected in the pools. It cannot yet be concluded whether the Project will impact listed fairy shrimp. This information will be provided when both the dry season and wet season surveys have been completed. 3.2.4 Riparian Birds GLA biologists did not detect the southwestern willow flycatcher during the focused surveys. A male least Bell’s vireo (presumed nesting based on behavior) was detected within Alberhill Creek during multiple visits within close proximity to Nichols Road and the Project’s proposed conservation. Based on the detections, the habitat with Alberhill Creek between Nichols Road and the proposed conservation lands would be considered occupied and have long-term conservation value for least Bell’s vireo. The Project is not expected to directly impact riparian birds, including least Bell’s vireo. The Project will not remove any riparian habitat, including habitat with long-term conservation value (LTCV) for the vireo. Riparian habitat is located adjacent to Nichols Road; however, proposed improvements adjacent to Alberhill Creek will be limited to road re-surfacing and re-striping, with no additional widening. The remaining habitat within the Project site is included in the proposed RCA Conserved Land. The Project is also not expected to indirectly impact riparian birds. The onsite portion of the Project is nearly one-quarter mile from Alberhill Creek and therefore construction and operation of the industrial facility will not have edge effects on habitat within the Creek, including from noise and lighting. DBESP Report 21 3.3 Mitigation and Equivalency 3.3.1 Direct Effects Riparian/Riverine Areas The Project will mitigate impacts to 0.50 acre of riverine areas offsite through the purchase of mitigation credits from the Riverpark Mitigation Bank. The mitigation credits will include a minimum 1:1 of re-establishment and 2:1 of re-establishment and/or re- habilitation. Since the Riverpark Mitigation Bank involves the restoration of areas adjacent to the San Jacinto River, the mitigation bank lands provide hydrologic functions to the San Jacinto River floodplain similar to the functions provided by drainage features to be impacted at the Project site that are tributary to the Alberhill Creek floodplain. As a matter of habitat replacement, the purchase of 1.50 acres of mitigation credits (1:1 of re-establishment and 2:1 of re-establishment and/or re-habilitation) will be biologically superior compared with the impacts. Vernal Pools As noted above, up to 0.08 acre of the vernal pools (0.01 acre of Vernal Pool 2 and 0.07 acre of Vernal Pool 3) will be impacted to construct the Baker Street improvements and storm drain outlets. Following the completion of construction, the southern edge of Vernal Pool 3 will be re-contoured and any portion of the 0.07-acre impacts that are temporary will be restored, including revegetation coinciding with the Coulter’s goldfields mitigation (discussed below). Although this impact area includes 0.01 acre of Vernal Pool 2, it is expected that the work area limits will be adjusted in the field under the supervision of the Project Biologist to fully avoid Vernal Pool 2. Any permanent impacts to the vernal pools will be mitigated by expanding Vernal Pool 3 on the opposite side from the impacts through recontouring and revegetating. The vernal pool will be expanded by at least a 3:1 ratio versus the permanent impacts. Assuming up to 0.08- acre permanent impacts, the vernal pool will be expanded by 0.25 acre. A HMMP will be prepared to address the vernal pool mitigation, including site preparation, non-native plant removal (if applicable), maintenance, success criteria, and monitoring. The monitoring will include hydrologic monitoring to confirm that the recontoured areas inundate sufficiently to support wetland conditions. The HMMP will be provided to the RCA and Wildlife Agencies for review and approval. The proposed mitigation will be subject to approval through the DBESP process, in addition to JPR. Fairy Shrimp As the results of fairy shrimp surveys are pending, it cannot yet be determined whether mitigation will be required for impacts to listed fairy shrimp. If listed fairy shrimp are detected in one or more pools to be impacted, then an avoidance analysis will be performed to determine if at least 90% of habitat with LTCV can be avoided. If the proposed Project cannot demonstrate at least 90% avoidance (permanent and DBESP Report 22 temporary) of occupied portions of the site that provide habitat with LTCV, impacts must be approved through the DBESP process whereby mitigation would demonstrate equivalent or superior function and value. Avoidance of habitat with LTCV would also include avoidance of supporting hydrology. Per the MSHCP, not all habitat must be occupied for it to be considered to have LTCV. At a minimum, details of the mitigation would include the location of mitigation area, type of mitigation, acreages, when the mitigation would be implemented, success criteria, monitoring plan (e.g., years/duration, frequency, etc.), reporting, the management entity, and contingency plan in the event the mitigation is not successful. In addition, mitigation areas for fairy shrimp would need to be protected in perpetuity. Riparian Birds The Project is not expected to impact habitat for riparian birds, including habitat with LTCV for least Bell’s vireo. Therefore, mitigation will not be required for riparian birds. 3.3.2 Indirect Effects The Project is designed to avoid or otherwise minimize indirect effects to sensitive MSHCP resources. The focus of the analysis is on hydrologic effects to the vernal pools located in the adjacent proposed RCA Conserved Land, and downstream aquatic resources in the Alberhill Creek, as well as the effects of noise and lighting on adjacent RCA Conserved Land. Hydrology Effects The Project’s Preliminary Drainage Report (Drainage Report) is referenced here [Appendix G] in addressing the potential hydrologic effects of the Project for the 2-, 5-, 10-, and 100-year condition. The Drainage Report identifies four Drainage Areas (A through D) for the Project site and the Project will construct storm drain outlets at four locations corresponding to these Drainage Areas. Appendix C of the Drainage Report (PDF page 54) depicts the Project’s existing condition and includes an Existing Condition Hydrology Map identifying the four Drainage Areas where the outlets are proposed. Appendix D of the Drainage Report (PDF page 122) provides the proposed condition. Drainage Area A will outlet into a proposed two 36-inch RMP, Drainage Area B will outlet into a proposed 36-inch RMP, Area C will outlet into a proposed 36-inch RMP, and Area D will outlet into a proposed two 36-inch RMP. According to Section 2.5 of the Drainage Report, the outlet velocity at each location shall be at or below the existing condition or to a non-erosive velocity. Post-project, Drainage Area A will outlet on the northern side of the proposed Baker Street improvements into the Project’s proposed RCA Conserved Lands. There are no stream or other sensitive resources at this location, but the topography consists of a swale area that extends offsite towards the Alberhill Creek floodplain. Drainage Area B will outlet on the northern side of the proposed Baker Street improvements at Vernal DBESP Report 23 Pool 1 within the proposed RCA Conserved Lands. Drainage Area C and D will each separately outlet north of the Baker Street improvements at Vernal Pool 3. The two outlets will be constructed in a manner where flows from both will feed into the vernal pool watershed at the “upstream” end. Based on the hydrology data from the Drainage Report, the following table (Table 3-5) compares the existing and proposed conditions for peak flows in Drainage Areas A through D for the 2-, 5-, 10-, and 100-year events. Table 3-5. Summary of Peak Flows Existing Versus Proposed (in cfs) Drainage Area A Condition Q2 Q5 Q10 Q100 Existing 84.23 132.10 197.59 332.50 Proposed 76.48 119.63 178.35 299.61 Change -7.75 -12.47 -19.24 -32.89 Drainage Area B Condition Q2 Q5 Q10 Q100 Existing 21.19 32.46 46.47 77.05 Proposed 34.97 51.08 67.45 110.00 Change +13.78 +18.62 +20.98 +32.95 Drainage Area C Condition Q2 Q5 Q10 Q100 Existing 15.83 24.29 35.01 60.15 Proposed 34.35 48.91 62.57 100.41 Change +18.52 +24.62 +27.56 -18.79 Drainage Area D Condition Q2 Q5 Q10 Q100 Existing 106.37 166.04 258.99 428.57 Proposed 97.18 151.53 237.02 391.60 Change -9.19 -14.51 -21.97 -36.97 Drainage Area C and D will both outlet at the edge of Vernal Pool 3 approximately 100 feet apart and in similar locations compared with the existing condition. Flows from the two outlets will spread together into the adjacent vernal pool. As such, the two Drainage Areas should be viewed together with regards to changes in peak flows. Combined, the two drainage areas will result in an overall increase for the 2-, 5-, and 10-year events, with a decrease in the 100-year event. Drainage Area B and C will DBESP Report 24 have onsite detention to mitigate for any increase in runoff. The proposed condition will mimic the existing condition at each discharge location. Table 3-6 summarizes the change in peak flows for the for the combined Drainage Areas. Table 3-6. Summary of Peak Flows Existing Versus Proposed (in cfs) Drainage Areas C and D Condition Q2 Q5 Q10 Q100 Existing 122.20 190.33 294.00 488.72 Proposed 131.53 200.44 299.59 492.07 Change +9.33 +10.11 +5.59 -55.76 Lighting Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. If night lighting is required during construction, shielding shall be incorporated to ensure ambient lighting in the MSHCP Conservation Area is not increased. The Project will incorporate an onsite lighting design that provides the required lighting levels for normal operation onsite. Exterior lighting can be designed as downward facing to prevent unnecessary foot candles outside of the Project boundary. The City of Lake Elsinore requires public streetlights every 200 feet on both sides of newly constructed public roadways per Lake Elsinore standards 503 and 508. The Project will work with the City to design a public roadway lighting design that is sensitive to neighboring sensitive receptors. Noise Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines related to land use noise standards. For planning purposes, wildlife within the MSHCP Conservation Area should not be subject to noise that would exceed residential noise standards. The Project is not expected to adversely affect wildlife in the adjacent/proximal Conservation Area due to noise. The onsite portion of the Project is buffered from the proposed RCA Conserved Lands by the Baker Street improvements. Additionally, the proposed Conserved Lands adjacent to the development footprint does not contain habitat that would support wildlife sensitive to noise effects. The portion of existing DBESP Report 25 Nichols Road that crosses Alberhill Creek is adjacent to habitat occupied by least Bell’s vireo and other riparian birds. The proposed re-surfacing will either be performed outside of the vireo season, or if work is performed during the vireo season, then noise attenuation measures will be implemented, if needed. 4.0 NARROW ENDEMIC PLANT SPECIES MITIGATION (SECTION 6.1.3) 4.1 Methods Volume I, Section 6.1.3 of the MSHCP requires that within identified Narrow Endemic Plant Species Survey Areas (NEPSSA), site-specific focused surveys for Narrow Endemic Plants Species will be required for all public and private projects where appropriate soils and habitat are present. The Project site occurs within the NEPSSA for the following target species: · Munz’s onion (Allium munzii) · San Diego ambrosia (Ambrosia pumila) · Slender-horned spineflower (Dodecahema leptoceras) · Many-stemmed dudleya (Dudleya multicaulis) · Spreading navarretia (Navarretia fossalis) · California Orcutt grass (Orcuttia californica) · San Miguel savory (Clinopodium chandleri) · Hammitt’s clay-cress (Sibaropsis hammittii) · Wright’s trichocoronis (Trichocoronis wrightii var. wrightii). GLA biologists performed general and focused plant surveys for the Project site in both 2020 and 2022. GLA biologists Jillian Stephens and David Moskovitz performed plant surveys for most of the onsite part of the Project on April 13, and 23, and May 5 and 20, 2020, as well as for the proposed RCA Conserved Land. In 2022, GLA biologists Jillian Stephens and Wanisa Jaikwang repeated surveys for the onsite portion, including expanded areas that were not surveyed in 2020, as well as the offsite components. The 2022 surveys were conducted on March 14, April 4 and 6, and May 3, 2022. Surveys were conducted in accordance with accepted botanical survey guidelines (CDFW 2018, CNPS 2001, Nelson 1984, USFWS 2000). As applicable, surveys were conducted at appropriate times based on precipitation and flowering periods. An aerial photograph, a soil map, and/or a topographic map were used to determine the community types and other physical features that may support sensitive and uncommon taxa or communities within the Project site. Surveys were conducted by following meandering transects within target areas of suitable habitat. All plant species encountered during the field surveys were identified and recorded following the above-referenced guidelines. A complete list of the plant species observed is provided in Appendix A. Scientific nomenclature and common names used in this report follow Baldwin et al. (2012), and Munz (1974). DBESP Report 26 4.2 Results/Impacts One Narrow Endemic Plant species (San Diego ambrosia) was detected at the Project site. The majority of plants within the Project site were at two locations in the southern end of the site. Additional locations with fewer numbers of plants included one location in the central portion of the site, three locations adjacent to Pierce Street, and one location adjacent to Nichols Road [Exhibit 7 – Rare Plants Map]. GLA biologists estimated 9,000 plants over 0.44 acre of habitat with long-term conservation value for the species. These locations of San Diego ambrosia within the Project site have been previously documented in the public record by other botanists, including by Steve Boyd (1997) and A.C. Sanders (2014 and 2015). Other locations within the Project site (within the RCA Conserved Lands) were documented by F.M. Roberts (1997), D.E. Bramlet (1997), and Mitch Provance (2005). The Project will impact San Diego ambrosia in several locations, including in the southern portion of the Industrial footprint (onsite) and within the proposed offsite road improvements along Pierce Street and Nichols Road. Because the Project site is within the NEPSSA for San Diego ambrosia, the Project is required by the MSHCP to identify habitat with long-term conservation value for the species and to avoid at least 90 percent of the habitat. GLA has identified 0.44 acre of habitat with long-term conservation value for the ambrosia within the Project footprint, all of which will be impacted by the Project. As such, a DBESP must be approved to authorize impacts to San Diego ambrosia. 4.3 Mitigation and Equivalency 4.3.1 Direct Effects All impacts to plant habitat with long-term conservation value will be mitigated within the proposed RCA Conserved Lands. To mitigate the loss of 0.44 acre of habitat with long- term conservation value for San Diego ambrosia, the Project will restore approximately 1.25 acres of degraded habitat in the Alberhill Creek floodplain with San Diego ambrosia [Exhibit 10 – Plant Restoration Map]. The proposed restoration area consists of an area dominated by non-native grasses and forbs where San Diego ambrosia was detected in the past (per public records), but where due to overgrowth by invasive vegetation, San Diego ambrosia was not detected during plant surveys for the Project. The Project will develop a HMMP that will identify site preparation methods, the proposed plant palette, proposed success criteria, and maintenance/long-term monitoring procedures. The HMMP will be submitted to the City, RCA, USFWS, CDFW and the Regional Board for review and approval prior to implantation of the proposed mitigation. DBESP Report 27 4.3.2 Indirect Effects The Project will not indirectly affect Narrow Endemic Plants. Besides the San Diego ambrosia that will be directly impacted by the Project, there is no adjacent ambrosia or other NEPSSA species that would be impacted. As noted above, the Project proposes to mitigate the direct impacts to ambrosia in the Alberhill Creek floodplain. The proposed mitigation area is far enough removed from the development footprint that indirect impacts are not expected. As discussed above in Section 3.3.2, the Project is designed such that the proposed hydrologic condition will mimic the existing condition such that indirect effects are not anticipated. 5.0 ADDITIONAL SURVEY NEEDS (SECTION 6.3.2) 5.1 Criteria Area Species Survey Area - Plants Note that there are no survey areas for these designated plant species outside of the MSHCP Criteria Area. 5.1.1 Methods The Project site occurs within the CAPSSA for the following target species: · Thread-leaved brodiaea (Brodiaea filifolia) · Davidson’s saltscale (Atriplex serenana var. davidsonii) · Parish’s brittlescale (Atriplex parishii) · Smooth tarplant (Centromadia pungens spp. laevis) · Round-leaved filaree (California macrophylla) · Coulter’s goldfields (Lasthenia glabrata ssp. coulteri) · Little mousetail (Myosurus minimus ssp. apus) GLA biologists performed general and focused plant surveys for the Project site in both 2020 and 2022. GLA biologists Jillian Stephens and David Moskovitz performed plant surveys for most of the onsite part of the Project on April 13, and 23, and May 5 and 20, 2020, as well as for the proposed RCA Conserved Land. In 2022, GLA biologists Jillian Stephens and Wanisa Jaikwang repeated surveys for the onsite portion, including expanded areas that were not surveyed in 2020, as well as the offsite components. The 2022 surveys were conducted on March 14, April 4 and 6, and May 3, 2022. Surveys were conducted in accordance with accepted botanical survey guidelines (CDFW 2018, CNPS 2001, Nelson 1984, USFWS 2000). As applicable, surveys were conducted at appropriate times based on precipitation and flowering periods. An aerial photograph, a soil map, and/or a topographic map were used to determine the community types and other physical features that may support sensitive and uncommon taxa or communities within the Project site. Surveys were conducted by following meandering transects DBESP Report 28 within target areas of suitable habitat. All plant species encountered during the field surveys were identified and recorded following the above-referenced guidelines. A complete list of the plant species observed is provided in Appendix A. Scientific nomenclature and common names used in this report follow Baldwin et al. (2012), and Munz (1974). 5.1.2 Results/Impacts GLA biologists detected two Criteria Area Plant species at the Project site, including Coulter’s goldfields and San Jacinto Valley crownscale. However, the crownscale is not a target species for the CAPSSA that the Project site is located in. Therefore, the Project is not required to address potential impacts to the crownscale. Coulter’s goldfields was detected in several locations within the Project site, including the three vernal pools as well as locations within the proposed RCA Conserved Lands near Alberhill Creek. The majority of Coulter’s goldfields were associated with Vernal Pool 1 and 3 [Exhibit 9 – Rare Plants Map]. GLA biologists estimated 9,000 plants over 2.51 acres of total habitat with long-term conservation value. The locations of Coulter’s goldfields within the Project site have been previously documented in the public record by other botanists, including by A.C. Sanders (2008), D.E. Bramlet, R.L. Allen and F.M. Roberts (2011), and Mitch Provance (2005 and 2017)3. In addition to Coulter’s goldfields, Mitch Provance also documented little mousetail in 2017. The UCR record describes mousetail occurring with other vernal pool indicator plants in a pool adjacent to Baker Street. GLA did not observed a pool at the location noted by the mousetail record. However, as GLA noted Coulter’s goldfields in Vernal Pool 3, which is near the location shown for the mousetail record, then it is possible that mousetail is present in that pool but was not detected by GLA during focused surveys. The Project will impact Coulter’s goldfields associated with the one of the vernal pools adjacent to the proposed Baker Street improvements due to the proposed storm drain outlets and proposed maintenance area. Because the Project site is within the CAPSSA for Coulter’s goldfields, the Project is required by the MSHCP to identify habitat with long-term conservation value for the species and to avoid at least 90- percent of the habitat. GLA has identified 2.61 acres of habitat with long-term conservation value for Coulter’s goldfields associated with the three vernal pools. The proposed Project will directly impact 0.50 acre of the habitat (20 percent) of the habitat at the edge of one of the vernal pools. As such, a DBESP must be approved to authorize impacts to Coulter’s goldfields. 3 CCH2 Portal. 2023. https://cch2.org/portal/index.php. Accessed on 12/11/23. University of California, Riverside Herbarium Record. DBESP Report 29 It is assumed that the Project might impact little mousetail based on the prior public record of detection. Impacts are assumed up to 0.07 acre of habitat with long-term conservation value based on proposed impacts to Vernal Pool 3. As such, a DBESP must be approved to authorize impacts to little mousetail. 5.1.3 Mitigation and Equivalency To mitigate the loss of 0.50 acre of habitat with long-term conservation value for Coulter’s goldfields, the Project will restore/expand Coulter’s goldfields habitat in two areas. The first area consists of the expansion of Vernal Pool 3 by approximately 0.75 acre [Exhibit 10 – Plant Restoration Map]. The expansion of Vernal Pool 3 would also mitigate assumed impacts to little mousetail. The second area consists of the expansion of another 0.75-acre area in the Alberhill Creek floodplain adjacent to an existing population of Coulter’s goldfields and vernal barley. The Project will develop a HMMP that will identify site preparation methods, the proposed plant palette, proposed success criteria, and maintenance/long-term monitoring procedures. The HMMP will be submitted to the City, RCA, USFWS, CDFW and the Regional Board for review and approval prior to implantation of the proposed mitigation. 5.2 Burrowing Owl 5.2.1 Methods The Project site is within the survey area for the burrowing owl (Athene cunicularia). As such, the MSHCP requires that the Project evaluate impacts to the burrowing owl through habitat assessments/focused surveys. Focused surveys are required to be conducted pursuant to the 2006 MSHCP Burrowing Owl Survey Instructions. The Burrowing Owl Survey Instructions are divided into three components, including Step I (habitat assessment), Step II-A (focused burrow survey), and Step II-B (focused burrowing owl survey). The guidelines stipulate four focused survey visits (Step II-B) be conducted on separate dates between March 1 and August 31. GLA initially evaluated most of the proposed development footprint for burrowing owls in 2020, including the Step I habitat assessment and preliminary burrow mapping (Step II- A). GLA biologist David Smith performed visits on April 16 and 28, 2020. The entire Project site was evaluated for burrowing owls in 2022, including approximately 75 acres of potentially suitable habitat that was subject to focused burrowing owl surveys (Step II- B). Step II-B of the Survey Instructions requires a minimum of four survey visits, indicating that a single biologist should not survey more than 100 acres per day. As the survey area for the Project consisted of 75 acres, the area could be covered by a single DBESP Report 30 biologist in one day. GLA biologist Stephanie Cashin performed the focused owl surveys on March 9, April 4, May 2, and June 3, 2022. The burrowing owl survey visits are to be conducted during a period from one hour prior to sunrise to two hours after sunrise or two hours before sunset to one hour after sunset. All survey visits were conducted in the morning within the allotted timeframe. The surveys were conducted during weather that was conducive to observing owls outside their burrows and detecting burrowing owl sign, and not during rain, high winds (> 20 mph), dense fog, or temperatures over 90 °F. Table 5-1 summarizes the focused burrowing owl surveys conducted for the Project. Table 5-1. Summary of Burrowing Owl Surveys Survey Date Biologist(s) Survey Period Time Start/End Temperature (°F) Start/End Wind Speed (mph) Cloud Cover (%) 3/9/2022 SC 0600/0815 40/54 0-2 0 4/4/2022 SC 0600/0805 51/58 0-3 0 5/2/2022 SC 0600/0830 57/63 0-1 0 6/3/2022 SC 0600/0810 55/60 0-1 50 SC = Stephanie Cashin Surveys were conducted by walking meandering transects throughout areas of suitable habitat. Exhibit 11 identifies the burrowing owl survey areas at the Project site, including a 500-foot visual survey area around the Project site. Transects were spaced at a maximum of 30 meters (100 feet) apart from each other, adjusting for vegetation height and density, to provide adequate visual coverage of the survey areas. At the start of each transect, and at least every 100 meters along the transects, the survey area was scanned for burrowing owls using binoculars. All suitable burrows were inspected for diagnostic owl sign (e.g., pellets, prey remains, whitewash, feathers, bones, and/or decoration) to identify potentially occupied burrows. The 500-foot visual survey area was at least inspected with binoculars but was also accessed on foot where feasible. The results of the burrowing owl surveys are documented in Section 4.0 of this report. 5.2.2 Results/Impacts No burrowing owls were detected within the Project site during focused surveys. Exhibit 11 provides the locations of areas surveyed, including approximate transect locations as well as the locations of suitable burrows that were mapped. Burrows were scattered throughout the onsite portion of the Project, with many concentrated along a fence line within the proposed RCA Conserved Land. No burrowing owl sign was observed at any of the burrows within the disturbance limits, but a single owl pellet was observed at a DBESP Report 31 burrow within the RCA Conserved Land along the fence line. It was not clear how old the pellet was but given the lack of other sign and that no owls were observed during the surveys, the pellet likely indicates a transient owl that was not occupying the site during the focused surveys. Based on the absence of burrowing owls within the disturbance limits, the Project will not impact habitat with long-term conservation value. 5.2.3 Mitigation and Equivalency Although burrowing owls were not detected during focused surveys, because the site has the potential to support burrowing owls, pre-construction surveys will be required to prevent harm to burrowing owls, should individuals occupy the site in the future. The following burrowing owl measure will apply to the Project: · Pre-construction burrowing owl surveys will be conducted in areas of suitable habitat not more than 30 days prior to the initiation of ground disturbance (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering, equipment staging, grading, etc.) to ensure that no owls have colonized the site in the days or weeks preceding the ground-disturbing activities. If burrowing owls have colonized the project site prior to the initiation of ground-disturbing activities, the project proponent will immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies and will need to coordinate further with RCA and the Wildlife Agencies, including the possibility of preparing a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. If ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre- construction survey will again be necessary to ensure burrowing owl has not colonized the site since it was last disturbed. If burrowing owl is found, the same coordination described above will be necessary. 5.3 Mammals The Project site is not located within a mammal survey area. As such, focused surveys are not required for designated mammal species and there are no other requirements applicable to the Project for mammals. 5.4 Amphibians The Project site is not located within an amphibian survey area. As such, focused surveys are not required for designated amphibian species and there are no other requirements applicable to the Project for amphibians. DBESP Report 32 6.0 DELHI SANDS FLOWER-LOVING FLY The Project site is not located within Delhi soils mapped within the MSHCP baseline data, and therefore habitat assessments/focused surveys are not required for the Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis). 7.0 REFERENCES Sogge, M.K, Ahlers, D., and Sferra, S.J. 2010. A Natural History Summary and Survey Protocol for the Southwestern Willow Flycatcher: U.S Geological Survey Techniques and Methods 2A-10, 39p. https://www.fws.gov/ventura/endangered/species/surveys-protocol.html USFWS. 2001. Least Bell’s Vireo Survey Guidelines. January 19, 2001. Sacramento, California: USFWS. https://www.fws.gov/cno/es/Recovery_Permitting/birds/least_bells_vireo/ LeastBellsVireo_SurveyGuidelines_20010119.pdf USFWS. 2016. A Natural History Summary and Survey Protocol for the Western Distinct Population Segment of the Yellow-Billed Cuckoo. Prepared by M. Halterman, M.J. Johnson, J.A. Holmes, and S.A. Laymon. Sacramento, California: USFWS. May 2016. https://www.fws.gov/southwest/es/arizona/Documents/SpeciesDocs/YellowBilled Cuckoo/YBCU%20Survey%20Protocol_%20DRAFT_2016.pdf