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HomeMy WebLinkAboutDexter Village_Environmental_Bio Report ENVIRONMENTAL AUDIT, INC.  1000-A Ortega Way, Placentia, CA 92870-7162 714/632-8521 FAX: 714/632-6754 PLANNING, ENVIRONMENTAL ANALYSES AND HAZARDOUS SUBSTANCES MANAGEMENT AND REMEDIATION sent via email January 20, 2022 Fairbrook Communities LLC Empire Construction Management 2280 Wardlow Circle, Suite 250 Corona, CA 92880 Attention: Brian King Project Manager SUBJECT: Biological Review Vacant Land in City of Lake Elsinore Identified as the Cove Riverside County California 92532 Mr. King: This report documents the results of a preliminary biological review of property located in Lake Elsinore identified by the County of Riverside as Assessor’s Parcel Numbers (APNs) 377-090- 013, 377-090-037, 377-090-039, and 377-090-040, California 92532 (Site) (see Figure 1). The Site is located on the northeast corner of the intersection of Third Street and Dexter Avenue and comprised of four parcels of real property totaling approximately 23.44 acres (see Figure 2). The Site is currently vacant. Environmental Audit, Inc. (EAI) was informed that the Fairbrook Communities LLC is considering acquiring the Site for residential development. A. LAND USE AND ZONING The Site is located in the City of Lake Elsinore and is zoned for commercial park use. The Site is currently vacant but residential development was reported on a portion of the Site prior to 2009 (EAI, 2021). Land use surrounding the Site is currently residential and an RV Park to the southeast across 2nd Street, undeveloped vacant lots (zoned for general commercial) to the southwest across Dexter Avenue, residential (although zoned for commercial park) to the northwest across 3rd Street, followed by commercial development, e.g., LA Fitness and Walmart and vacant lots (zoned for general commercial) to the northeast. Lake Elsinore is located approximately 1.3 miles to the southwest of the Site. Interstate 15 is located approximately 500 feet southwest of the Site. State Route 74 (Central Avenue) is located approximately one-quarter mile northwest of the Site. Fairbrook Communities, LLC Empire Construction Management January 20, 2022 Page 2 B. BIOLOGICAL SURVEY The survey was conducted by EAI biologist, Debra Bright Stevens on December 29, 2021. The survey began at 9:45 a.m. and ended at 10:43 a.m. The temperature during the survey ranged from 48oF at the beginning of the survey to 50oF at the end of the survey, and the wind speed ranged from one to two miles per hour. The weather was clear with 40 to 50 percent cloud cover. Approximately 1.5 inches of rain fell in the Lake Elsinore area between December 22 and 28, 2021. The ground was muddy but no pooled water was observed. The survey began with a visual survey of the Site with binoculars to look for birding activity. The survey was conducted by walking the four parcels. The habitat was consistent on all four parcels. The Site and adjacent sites were also visually surveyed with binoculars. The Site was visually surveyed for the type of habitat and resources that may be onsite as well as determine the potential for special-status species. Potential habitat within 150 meters of the Site was also surveyed on foot, where possible, and using binoculars. C. SURVEY RESULTS The Site is undeveloped but disturbed due to previous land uses. The existing roadways, adjacent commercial land uses, and surrounding rural residential development which encompass the Site have greatly reduced, if not eliminated, the natural plant communities of the Site. The Site predominately consists of disturbed areas dominated by non-native vegetation. The Site shows signs of recent maintenance activities with large tire tracks throughout the Site. Because of what appears to be weed abatement activities, vegetation on the Site was sparse (see Photographs 1 and 2). The vegetation on the Site appears to be dominated by non-native grasslands. Species identified include oat grasses (Avena barbata and A. fatua), brome grass (Bromus sp.) mustard (Brassica geniculata), and jimsonweed (Datura wrightii). Several plants were observed along the perimeter of the Site. Scrub oak (Quercus bergeridfolia), Mexican palm (Washingtonia robusta), oleander (Nerium oleander) trees, blackthorn (Crataegus doublasii), and ornamental Cyprus trees were located on the perimeter of the southern portion of the Site. While the Site was largely disturbed, there were a few trees sprinkled throughout the Site. Most of the trees are non-native trees and include Eucalyptus trees (Eucalyptus sp.), tree of heaven (Ailanthus altissima), olive trees (Olea europaea), and one Ponderosa pine (Pinus ponderosa) was observed (see Photograph 3). Common wildlife species observed during the survey were primarily bird species and included common raven (Corvus brachyrhynchos), red-tailed hawk (Buteo jamicensis), Beweick’s wren (Thryomanes bewickii), California towhee (Melozone crissalis), Say’s phoebe (Sayornis saya), and house sparrow (Passer domesticus). Several Desert Cottontail rabbits (Sylvilagus audubonii) were also observed on the Site. Fairbrook Communities, LLC Empire Construction Management January 20, 2022 Page 3 D. STATE AND FEDERAL JURISDICTIONAL AREAS There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Army Corps of Engineers (ACE) regulates discharge of dredge and/or fill materials into “waters of the United States” pursuant to Section 404 of the Federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. The Regional Water Quality Control Board (RWQCB) regulates discharges into surface waters pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act. The California Department of Fish and Wildlife regulates alterations to streambed and associated plant communities pursuant to Section 1602 of the California Fish and Game Code. Based on the Site survey and review of aerial photographs and USGS quadrangle maps, no drainage features, ponds, basins or gravel pits occur within the boundaries of the Site. Further, no jurisdictional drainage and/or potential wetland features were identified within the Site that would be considered jurisdictional by the ACE, RWQCB, or CDFW. Further, no ponded water was observed on the Site, even though there had been 1.5 inches of rain in recent days prior to the survey. In addition, no habitats within the Site would qualify as riparian/riverine habitat. Vernal pools are seasonally inundated, ponded areas that only form in regionals where specialized soil and climatic conditions exist. During fall and winter rains typical of Mediterranean climates, water collects in shallow depressions where downward percolation of water is prevented by the presence of hard or clay layer soils. These ponds are seasonal wetlands that occur in depression areas without a continual source of water and have indicators of wetland vegetation, soils, and hydrology. Vernal pools provide unusual habitat conditions to which certain plant and wildlife species have specifically adapted as well as invertebrate species, such as fairy shrimp. There is no visual evidence of a vernal pool on or in the near vicinity of the Site. No shallow depressions or ponding was observed on the Site, supporting the fact that the drainage patterns on the Site do not follow the hydrologic regime needed for vernal pools. The Site is hilly and appears that most water would flow offsite. Therefore, there is no habitat suitable for the fairy shrimp on the Site. Special-Status Biological Resources The Site consists of disturbed areas associated with the previous land uses of the Site. The disturbances have resulted in a majority of the Site being dominated by non-native vegetation and heavily disturbed soils. No special-status plant or wildlife species were observed during the biological survey and are presumed absent from the Site based on specific habitat requirements for special-status species, known distributions, and availability and quality of the habitat on the Site. The California Natural Diversity Database lists three special-status plant communities as being identified within the Lake Elsinore USGS quadrangle: Southern Coast Live Oak Riparian Forest, Southern Cottonwood Willow Riparian Forest, and Southern Sycamore Alder Riparian Fairbrook Communities, LLC Empire Construction Management January 20, 2022 Page 4 Woodland. None of these special-status plant communities occur within the boundaries of the Site and are presumed absent. The Site shows signs of recent maintenance activities with tire tracks throughout the Site. A number of burrows were observed throughout the Site (see Photograph 4). While a number of the burrows are collapsed due to tire tracks, a number of burrows also show signs of recent activity, although no activity was observed during the Site survey. E. HABITAT CONSERVATION PLAN CONSISTENCY The Site is located in the City of Lake Elsinore within the Elsinore Area Plan of the Western Riverside County Multispecies Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi-jurisdictional Habitat Conservation Plan focusing on conserving species and their associated habitats in Western Riverside County. It covers multiple species and multiple habitats under multiple jurisdictions and provides a coordinated MSHCP Conservation Area to preserve biological diversity and maintain the region's quality of life. Specific habitat areas within designated Individual Criteria Area Cells, Cell Groups, Wildlife Corridors, and Habitat Core Areas have, therefore, been identified for long term preservation/conservation; the MSHCP includes specific survey and mitigation requirements which vary depending on the location of the project within certain plan areas and/or proposed conservation areas. The Site is not located within a planning area subunit or Criteria Cell and is not subject to MSHCP criteria for conservation. Nonetheless, public and private development outside of the Criteria Areas is required to demonstrate consistency with applicable MSHCP policies, including:  The policies for the protection of species associated with Riparian/Riverine areas and vernal pools (Section 6.1.2 of the MSHCP).  The policies for the protection of narrow endemic plant species (Section 6.1.3 of the MSHCP);  Vegetation mapping requirements (Section 6.3.1 of the MSHCP);  The requirements for conducting additional surveys (Section 6.3.2 of the MSHCP); and  Fuel management guidelines (Section 6.4 of the MSHCP). Riparian/Riverine Areas and Vernal Pools As discussed above, no drainage features, ponds, basins or gravel pits occur within the boundaries of the Site. Further, no jurisdictional drainage and/or potential wetland features were identified within the Site and no ponded water was observed on the Site. No habitats within the Site would qualify as riparian/riverine habitat as defined under Section 6.1.2 of the MSHCP. There is no visual evidence of a vernal pool on or in the near vicinity of the Site. No ponding was observed on the Site, supporting the fact that the drainage patterns on the Site do not follow the hydrologic regime needed for vernal pools. Fairbrook Communities, LLC Empire Construction Management January 20, 2022 Page 5 Narrow Endemic Plant Species The Site consists of disturbed areas associated with the previous land uses of the Site. The disturbances have resulted in a majority of the Site being dominated by non-native vegetation and heavily disturbed soils. No special-status plant species were observed during the biological survey. Further, the Site is not located within the designated survey area for Narrow Endemic Plant Species as identified in Section 6.4.2 of the MSHCP. Vegetation Mapping Section 6.3.1 of the MSHCP requires vegetation mapping within Sites that meet certain criteria in order to assess whether conservation is required. As discussed above, the Site contains disturbed habitat and ornamental vegetation and no longer supports a native plant community. Therefore, no conservation of native habitat is required. Additional Survey Needs and Procedures Section 6.3.2 of the MSHCP, Additional Survey Needs and Procedures, states that additional surveys may be needed for certain species in order to achieve coverage for these species. The Site is located within the designated survey area for the burrowing owl. The burrowing owl is currently designated as a California Species of Special Concern. The presence of absence of mammal burrows is the major factor that limits the presence or absence of burrowing owls. Where mammal burrows are scarce, burrowing owls have been found occupying man-made structures such as pipes and dry culverts. As noted above, a number of burrows were observed throughout the Site (see Photograph #4). While a number of the burrows are collapsed due to tire tracks, a number of burrows also show signs of recent activity. The City will likely require a pre-construction survey for the presence of burrowing owls. Fuels Management Fuels management focuses on hazard reduction for humans and their property (MSHCP section 6.4). New development that is planned adjacent to the MSHCP Conservation Area or other undeveloped areas, brush management is required to be incorporated in the development boundaries and not encroach into the MSHCP Conservation Area. Additional MSHCP Considerations Pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code, the removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season (February 1 through August 31). Because of the trees on Site, there is the potential to provide suitable nesting opportunities that could be impacted during construction. The City would likely mitigate the vegetation removal activities to outside the nesting season. Fairbrook Communities, LLC Empire Construction Management January 20, 2022 Page 6 Or if the nesting season cannot be avoided, a pre-construction clearance survey for nesting birds will be required. If nesting birds are identified, construction activities will be required to stay outside of a 300-foot buffer around the active nest until the young have fledged. F. CONCLUSIONS The Site consists of disturbed areas associated with the previous land uses of the Site and ornamental vegetation. The disturbances have resulted in a majority of the Site being dominated by non-native vegetation and heavily disturbed soils. No special-status plant or wildlife species were observed during the biological survey. The Site has no drainage features, ponds, basins or gravel pits or ponded water that would be considered jurisdiction by the ACE, RWQCB, or CDFW. No habitats within the Site would qualify as riparian/riverine or vernal pool habitat The Site is located in the Elsinore Area Plan of the MSHCP, but is not located within any MSHCP identified criteria cells, conservation areas, cores, or linkages. Nonetheless, public and private developments outside of the Criteria Areas are required to demonstrate consistency with applicable MSHCP policies. As discussed above, the Site is expected to comply with the policies that apply to development outside the Criteria Area. These are expected to include: (1) a preconstruction burrowing owl survey; (2) avoidance of the bird nesting season, or the requirement to conduct a pre-construction survey for nesting birds and avoidance of any active nests until the birds have fledged; and (3) payment of the MSHCP Local Development Mitigation Fee. Please call if you have any questions or need additional information. Respectfully submitted, ENVIRONMENTAL AUDIT, INC. Debra. Bright Stevens President M:DBS:3247:3247 Bio Report.docx This Page Intentionally Left Blank FIGURES This Page Intentionally Left Blank SITE PHOTOGRAPHS This Page Intentionally Left Blank