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HomeMy WebLinkAboutGPA 2017-0003; OAKMONT OF CARLSBAD; BIOLOGICAL RESOURCES ASSESSMENT; 2017-09-17FIRSTCARBON~iOLUTIO~~~). Biological Resources Assessment Oakmont of Carlsbad Carlsbad, San Diego County, California San Luis Rey, California, USGS 7 .5-minute Topographic Quadrangle Map Township 12S Range 04W NORTH AMERICA I EUROPE I AFRICA I AUSTRALIA I ASIA WWW.FIRSTCARBONSOLUTIONS.COM Prepared for: Oakmont Senior Living 9240 Old Redwood Hwy, Suite 200 Windsor, CA 95492 Contact: Hannah Daugherty, Project Manager Prepared by: FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, California 92602 714.508.4100 Contact: Kim Boydstun, Senior Project Manager Korey Klutz, Senior Biologist Report Date: September 7, 2017 NCV O 2 1017 ~ AN ADEC INNOVATION THIS PAGE INTENTIONALLY LEFT BLANK Tab!" a/ Cant,,nts Exhibit 4: Soils .............................. . Exhibit 5: Vegetation Communities ... . Oakmont S"nlor Living-Oakmont a/ Carlsbad Biologkol R"sources Assessment . ... 17 19 Exhibit 6: Project Impacts ........................................................................................ . .. ....... 23 FirstCarbon Solutions ,.1,,w"''""'\"""' (PN INl\a310\"160027\0RA\3'COOO>l o,>mon< ''"'"' L,~,,-o,,~oo< ''"'"'' "'"-'"°' Oakmont Senior Living-Oakmont of Carlsbad Bialagical Resources Assessment SECTION 1: SUMMARY Summary A biological resources assessment was conducted to document the existing biological conditions for the Oakmont of Carlsbad Project, located on an approximately 6.4 acre site, designated by Assessor's Parcel Number (APN) 20912001. The project site is located at the intersection of Faraday Avenue and El Fuerte Street within the City of Carlsbad, California. The biological resources assessment is required to determine the extent of sensitive biological resources present within the project site and adjacent to the project site. The project site has been previously improved/graded and contains landscape plantings along the southern and western boundaries of the parcel. The previous site improvements also include site recontouring of the surface hydrology to transport water to the eastern portion of the site where a drain has been installed. Disturbed lands occur throughout the rest of the site. The disturbed lands are characterized by bare ground and weedy plant species. Within the Disturbed Lands landcover category vegetative cover is dominated by several plant species including yellow star thistle (Centaurea melitensis), filaree (Erodium botrys), fascicled tar plant (Deinandra fascicu/atum), vulpia (Vulpia myuros) and red brome (Bromus madritensis). In addition, coastal sage-chaparral scrub occurs adjacent to the northern, western and eastern boundary of the project site. This habitat is dominated by California sagebrush (Artemisia californica), California buckwheat (Eriogonum fascicu/atum), toyon (Heteromeles arbutifolia), mission manzanita (Xylococcus bico/or) and coyote bush (Baccharis pilularis). This habitat is part of the Carlsbad Multiple Habitat Conservation Program (MHCP) Preserve area and is identified within the Carlsbad Oaks preserve designation. The project site does not contain any jurisdictional waters or wetland habitats. The entire project site will be impacted by the proposed development. This includes 5.1 acres of disturbed habitat, and 1.3 acres of landscaped/ornamental vegetation. Impacts to these landcover types are not sensitive and will not require mitigation. However, the project site does contain bare ground and low growing vegetation, which provide suitable nesting habitat for migratory birds. Ground disturbance and vegetation removal should be conducted outside of the nesting season (February 1 to September 1) because of the likelihood that the site will be used for nesting. If these activities must occur during the nesting season, a pre-construction nesting bird survey should be conducted prior to any ground-disturbing activities or vegetation removal. FirstCarbon Solutions l Y;\Publl~tloru\Cllfflt {PN-Jff)\3:316\33Ui0027\8RA\'3160027 Oakmont S@,n!o, lMna-O,':moflt C&rfsbad &RA.Goo THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment Introduction SECTION 2: INTRODUCTION At the request of Oakmont of Carlsbad, First Carbon Solutions (FCS} conducted a biological resources assessment to document the existing conditions within the 6.4-acre vacant project site, located in Carlsbad, San Diego County, California. This report provides a detailed description of existing conditions. The information contained herein includes a literature review and general biological site assessment that identify the potential biological constraints related to the proposed development of the property. This report provides a baseline for review under the California Environmental Quality Act (CEQA), the Clean Water Act (CWA), the Federal Endangered Species Act (FESA}, and the California Endangered Species Act (CESA). The report has also been prepared to be consistent with the North County Multiple Habitat Conservation Program (MHCP). 2.1-Project Site Location The 6.4-acre site is located north at the intersection of Faraday Avenue and El Fuerte Street within the eastern portion of Carlsbad, Ca lifornia (Exhibit 1). The project site is situated in Township 12 South, and Range 4 West of the San Luis Rey, California, United States Geological Survey (USGS} 7.5- minute topographic map (Exhibit 2). 2.2 -Regulatory Framework Potential impacts to biological resources as a result of the proposed project were analyzed based upon the environmental policies and regulations discussed in Appendix C. These include regulations set forth by the United States Fish and Wildlife Service (USFWS}, U.S. Army Corps of Engineers (USACE), and the California Department of Fish and Wildlife (CDFW}. Regulations include the Clean Water Act (CWA), FESA, CESA, and CEQA. In addition, this project is also subject to City's approved MHCP. The project site is located adjacent to the Carlsbad Oaks North Preserve area and will be subject to MHCP adjacency guidelines (Exhibit 3). FirstCarbon Solutions V:\P1.1bHcatioM\Cllenl {PN-JH)\3316\331WOZ~A\UU,0027 O,kmont Senfor l!Ying-Oa'lonont C.rkb~d SRA,d0o: 3 THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Living-Oakmont of Carlsbad Biologicol Resources Assessment Methodology SECTION 3: METHODOLOGY Analysis of the biological resources for the project site began with a thorough review of relevant literature, followed by a reconnaissance-level survey. The primary objective of the survey was to document the existing site conditions and determine the potential presence of sensitive biological resources. For the purpose of this report, sensitive species refers to all species formally listed as threatened and/or endangered under the FESA and CESA, California Species of Special Concern, those designated as Fully Protected by CDFW; given a status of California Rare Plant Rank (CRPR} lA, 18, 2, 3 or 4 by the California Native Plant Society (CNPS); or designated as sensitive by city, county, or other regional planning documents. Federal and state listed threatened and/or endangered species are legally protected under the ESA. Species listed as California Species of Special Concern or given a status by the CNPS have no direct legal protection under FESA or CESA, but they require a significance analysis under the CEQA guidelines. 3.1-Literature Review The literature review provides a baseline from which to evaluate the biological resources potentially occurring on the project site, as wel l as the surrounding area. 3.1.1 -Topographic Maps and Aerial Photographs FCS reviewed current USGS 7.5-minute topographic quadrangle map(s) and aerial photographs (see Exhibit 2) as a preliminary analysis of the existing conditions within the project site and immediate vicinity. Information obtained from the review of the topographic maps included elevation, general watershed information, and potential drainage feature locations. Aerial photographs provide an aerial perspective of the most current site conditions with regard to on-site and off-site land-use, plant community location, and potential location of wildlife movement corridors. 3.1.2 -Soil Surveys Many sensitive plant species have a limited distribution based exclusively on soil type. The United States Department of Agriculture (USDA) has published soil surveys that describe the soil series occurring within a particular area. A soil series is a group of soils with similar profiles. These profiles include major horizons with similar thickness, arrangement, and other important characteristics. These series are further subdivided into soil mapping units, which provide specific information regarding soil characteristics. Pertinent USDA soil survey maps were reviewed to determine the existing soil mapping units within the project site and to establish if soil conditions on-site are suitable for any sensitive plant or wildlife species. 3.1.3 -Sensitive Species Database Search FCS compiled a list of threatened, endangered, and otherwise sensitive species previously recorded within the general area of the site. For the purpose of this report, "sensitive species" are defined as those protected by FESA or CESA, designated as a California Species of Special Concern, designated FlrstCarbon Solutions 11 Y;\Publicatlons\Oltnt (PtHN)\33l6\UJ60027\BRA\33160027 Oakmont SenfOf llvlna•Otk.mont cartt.bld BRA..dooc Methodology Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment as Protected or Fully Protected by CDFW; given a status by the CNPS; or designated as sensitive by city, county, or regional planning documents. A compilation of sensitive plant and wildlife species recorded in the vicinity of the site was derived from the CDFW's California Natural Diversity Database (CNDDB 2017). Additional recorded occurrences of plant species found on or near the site were obtained in the CNPS Electronic Inventory of Rare and Endangered Vascular Plants of California database. The CNDDB GIS database was utilized, together with ArcGIS software, to determine sensitive species located within a 5-mile radius of the project site. Federal Register listings, protocols, and species data provided by the USFWS and CDFW were reviewed in conjunction with anticipated federal and state listed species potentially occurring in the vicinity. These and other documents are listed in Section 8, References. 3.2 -Reconnaissance-Level Survey FCS Biologist Korey Klutz conducted the reconnaissance-level field survey on May 10th, 2017. Special attention was paid to sensitive habitats or those areas potentially supporting sensitive floral and fauna I species, as well as potential jurisdictional features. In addition, a follow-up survey to update and confirm the original survey results was conducted by Mr. Klutz on July i h, 2017. Both surveys were reconnaissance-level surveys and were conducted on foot during daylight hours. The object of the surveys was not to extensively search for every species occurring within the project site, but to ascertain general site condit ions and identify potentially suitable habitat areas for various sensitive plant and wildlife species. 3.2.1 -Plant Community Mapping Plant communities were mapped using 7.5-minute USGS topographic base maps and recent aerial photography. Sensitive or unusual biological resources identified during the literature review were ground-truthed during the reconnaissance-level survey for mapping accuracy. The plant communities within the project site were classified according to The Vegetation Communities of San Diego County (Oberbauer, 2010). 3.2.2 -Plant Species Common plant species observed during the reconnaissance-level survey were identified by visual characteristics and morphology in the field and recorded in a field notebook. Uncommon and less familiar plants were identified off-site using taxonomical guides. A list of all species observed on the project site was compiled from the survey data, shown in Appendix A. Taxonomic nomenclature used in this study follows The Jepson Manual Second Edition {2012). Common plant names, when not available, were taken from other regionally specific references. In this report, scientific names are provided immediately following common names of plant species for the first reference only. 3.2.3 - Wildlife Species Wildlife species detected during the reconnaissance-level survey by sight, calls, tracks, scat, or other signs were recorded in a field notebook. Notations were made regarding suitable habitat for those sensitive species determined to potentially occur within the project site. Appropriate field guides were used to assist with species identification during surveys. Common names of wildlife species 12 FirstCarban Solutions Y:\Pablications\Oient (ffl..JN)\3316\!3160027\BRA\33160027 O.kmont ~nlor living•Oakmont C.rt~ad BflA.dOOI OCJkmant Senior Living-OCJkmant a/ CCJrl5bad B!a_!ogiCCJI Resaur£~5 A55"c'="=m='"='--------------Methodology are standard; however, scientific names are provided immediately following common names for the first reference only. Appendix A lists all wildlife species observed or detected on the site during the survey. 3.2.4 -Jurisdictional Waters and Wetlands Prior to conducting the site visit, FCS's biologist reviewed USGS topographic maps and aerial photography to identify any potential natural drainage features and water bodies that may fall within the jurisdiction of the USACE, RWQCB, and/or CDFW. In general, all surface drainage features indicated as blue-line streams on USGS maps and linear patches of vegetation expected to exhibit evidence of flows are considered potentially subject to state and federal regulatory authorities as "waters of the U.S. and/or State." The assessment was not intended as a formal delineation of waters of the U.S. or State, but rather to identify areas that may require a formal delineation. 3.2.5 -Wildlife Movement Corridors Wildlife movement corridors link areas of suitable wildlife habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates isolated "islands" of wildlife habitat, separating different populations of a single species. Corridors effectively act as links between these populations. The project site was evaluated for evidence of a wildlife movement corridor. The scope of the biological resources survey did not include a formal wildlife movement corridor study such as the use of track plates, camera stations, scent stations, or snares. However, the focus of this study was to determine if the alteration of current land use on the project site would have significant impacts on the regional movement of wildlife. These conclusions are based on the information compiled from the literature review, including aerial photographs, USGS topographic maps, and resource maps for the vicinity, the reconnaissance-level survey, and knowledge of desired topography and resource requirements for wildlife potentially utilizing the project site and vicinity. FirstCarbon Solution5 " , .\rob '""'"'\ch, "' I '"· JS )\,al€\ll1 600'7\ "" '"'"'"' Oa kmo ·t ""'°' """' Oa kmod c.,,, -,d .... d.cr THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Uving-Oakmont of Carlsbad Biological Resources Assessment Existing Conditions SECTION 4: EXISTING CONDITIONS 4.1-Weather Conditions Weather conditions during the May 10th, 2017 survey consisted of overcast skies, with an average temperature of 65 degrees Fahrenheit. Weather conditions during the second survey (July 7th, 2017) consisted of clear skies, with an average temperature of 85 degrees Fahrenheit. 4.2 -Environmental Setting The project site is located in the eastern portion of Carlsbad, north of Faraday Avenue and at the northern terminus of El Fuerte Street. The site is located on a relatively flat, previously graded pad at an elevation of approximately 260 feet above mean sea level (AMSL). The sout hern portion of the site is bounded by Faraday Avenue and includes a linear strip of existing landscaped vegetation. The landscaping buffer extends along the western boundary of the site but at the parcel boundary coastal sage-chaparral scrub occurs. This native habitat also is adjacent to the northern and eastern portion of the site. Vegetation present throughout the project site has been disturbed and can be generally classified as poor quality. The plant communities lack native soil structure and appear to be maintained/cleared periodically for fuel management purposes. It should be noted that the native habitat adjacent to the project site is within the City's Carlsbad Oaks Preserve. 4.3 -Soils Based on the USDA-Natural Resources Conservation Service, two soil types occur on-site including Huerhuero loam, 9 to 15 percent slopes, and Cieneba coarse sandy loam, 30 to 65 percent slopes (Exhibit 4). However, as previously stated, the entire project site has been previously disturbed by site recontouring. The existing soil profiles have been disturbed and it is likely that additional fill material has been imported to the site. 4.4 -Plant Communities The project site contains two landcover types including landscaped/ornamental vegetation and disturbed habitat (Exhibit 5). Overall, the plant communities on-site have been disturbed due to prior site grading. There are very few native understory species and bare ground is abundant. Adjacent to the site both developed lands and mature coastal sage-chaparral scrub occur. This section provides a description of the plant communities that occur on-site and immediately adjacent to the project site. A complete list of plants observed on-site and immediately adjacent to the project site is provided in Appendix B. 4.4.1 -Disturbed Habitat (5.1 acres) Disturbed habitat is any land on which the native vegetation has been significantly altered by agriculture, construction, or other land-clearing activities, and the species composition and site conditions are not characteristic of the disturbed phase of a plant association (e.g. disturbed Diegan FirstCarbon Solutions 15 Y:\Publ!eatlons,Clf•nt {f'N•J NJ\3316\3316002.7\BRA\33160027 Oakmont SenlOr l.lv1nJ..0.kmont C.rtsb•d 8RA..d00t Existing Conditiom Oakmont Senior Living-Oakmont of Carlsbad Biologlcol Resources Assessment Coastal Sage Scrub). On-site this landcover is primarily dominated by bare ground and scattered vegetation including filaree, red brome, vulpia and fascicled tarplant. This landcover type appears to be routinely cleared/disturbed for fuel management purposes. Approximately 5.1 acres of disturbed habitat were mapped within the development parcel. 4.4.2 -Landscaped/Ornamental Vegetation (1.3 acres) Landscaped/ornamental vegetation occurs along the southern and western boundaries of the project site. The southern portion consists of an approximately 700-foot long by SO-foot wide patch of landscaped vegetation adjacent to Faraday Avenue. The western landscaped area occurs on an irrigated cut slope and is dominated by acacia (Acaccia longiflora), Plumbago (Plumbago sp) and lemonade berry (Rhus integrifolia). Several coast live oak trees (Quercus agrifolia) were also planted in this area but are now dead. Due to the proximity of the adjacent habitats and the fact that little maintenance has occurred in this area, an understory of non-native grasses and native shrubs also occur. Non-native grasses observed included red brome, vulpia and rip-gut (Bromus diandrus). Native shrubs observed included golden bush (lsocoma menziesii), California buckwheat, coyote bush and deerweed (Acmispon scoparious). Approximately 1.3 acres of landscaped/ornamental vegetation occurs within the property. 4.4.3 -Coastal Sage-Chaparral Scrub (off-site) Diegan coastal sage/chaparral scrub is a "hybrid" of two common vegetation types and usually indicates either an area of sage scrub growing on disturbed substrates, converting into a mature chaparral vegetation; or a mature ecotone in which ecological conditions for each of these two vegetation types does not allow one habitat type to out-compete the other. This plant community is characterized by aromatic shrubs and subshrubs characteristically dominated by drought-deciduous species. Dominant species observed included California sagebrush (Artemisia californica), toyon (Heteromoles arbutifolia), mission manzanita (Xylococcus bicolor), California buckwheat (Eriogonum fasciculatum), black sage (Salvia mel/ifera), and laurel sumac (Malosma laurina). Nuttall's scrub, a sensitive plant, was observed off-site within this plant community. This habitat type does not occur on-site but is abundant off-site along the western and northern boundaries of the project site. 4.5 -Wildlife Most of the wildlife activity on the project site was represented by avian species. The habitats on the project site provide minimal foraging, cover, and nesting habitat for year-round residents, seasonal residents, and migrating songbird species. Common species observed include California towhee (Pipilo crissalis), Bewick's wren (Thryomanes bewickii), bushtit (Psaltriparus minimus), western scrub jay (Aphelocoma californica), California quail (Cal/ipepla californica), common raven (Corvus corax), and killdeer (Charadrius vociferous) Common mammal species observed during the surveys included California ground squirrel (Sphermophilus beecheyi), coyote scat (Canis latrans), and mule deer scat (Odocoileus hemionus). Only one reptile species was observed during the survey and it was a western fence lizard (Sceloporus occidentalis). A list of all flora and fauna observed during the survey is included in Appendix B. 16 FirstCorbon Solutions Y:\Pt1b!rcatlotu.\Clr1!.nt jPN-IN)\33l6\33160027\8AA\S3160027 Oakmont S.nlor LMng-0.lkmont Carlsbad !UtA.dt,a; THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Sen/or Living-Oakmont of Carlsbad Biological Resources Assessment SECTION 5: SENSITIVE BIOLOGICAL RESOURCES 5.1 -Critical Habitat Sensitive Biological Resources The project site does not occur within any USFWS designated Critical Habitat. However, the western boundary is immediately adjacent to designated coastal California gnatcatcher (Polioptilo ca/ifornica colifornico) Critical Habitat. 5.2 -Sensitive Plant Communities A review of the CNDDB resulted in one sensitive plant community, southern maritime chaparral, as being reported to occur within the vicinity of the project site. This plant community was not observed within the project site but may occur w ithin the off-site habitat north of the project site. The entire project site will be impacted by the proposed development. Impacts to disturbed habitat (5.1 acres) and landscape/ornamental vegetation (1.3 acres) are not considered significant and will not require mitigation (Exhibit 6). 5.3 -Special Status Species 5.3.1 -Threatened and Endangered Wildlife Species Tables 1 and 2 in Appendix A identify the sensitive plant and wildlife species known to occur within the vicinity of the project site, their status, habitat requirements, and their potential to occur within the project site. The project site does not contain suitable habitat for any threatened or endangered plant or wildlife species. However, it should be noted that the federally threatened California gnatcatcher is known to occur in the habitat immediately adjacent to the project site. 5.3.2 -State Fully Protected Species State-listed fully protected species were not observed during the site visit, nor are any anticipated to occur on the project site. 5.3.3 -Sensitive Plant Species A review of the CNDDB resulted in eight sensitive plant species reported to occur within the vicinity of the project site and are presented in Appendix A. The project site does not contain suitable habitat for any sensitive plant populations. However, it should be noted that Nuttall's scrub oak was observed within the off-site habitat north of the project site. 5.3.4 -Sensitive Wildlife Species California Species of Special Concern (CSC) do not have legal protection under ESA or CESA but are recognized as sensitive by CDFW and therefore, require an independent assessment under the CEQA process to determine if project-related impacts are significant. After review of the CNDDB, no CSC species has a moderate to high potential to occur on-site. Furthermore, no CSC species were observed during the field surveys. FirstCarbon Solutions 21 Y;\Pvbllu tlon-,\alent 1Pfrr2,JN)\5316\3J160027\8RA\33160027 0.k1f!O(lt SeniOt Uvina-Oaktrlont Carbbad BRA.doc• Sensitive Biological Resources Oakmont Senior Uving-Oakmont of Carlsbad Biological Resources Assessment 5.4 -Jurisdictional Waters and Wetlands The project site does not contain any jurisdictional waters or wetlands. Surface flows appear to drain on-site into an existing storm drain located in the southeastern portion of the project site. 5.5 -Wildlife Movement Corridors Wildlife movement corridors link areas of suitable wildlife habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates isolated "islands" of wildlife habitat, separating different populations of a single species. Corridors effectively act as links between these populations. The project site has been previously disturbed and does not contain any regional or local wildlife corridors. Wildlife is anticipated to migrate locally within the adjacent habitat north, west and east of the site. 5.6 -Nesting Birds The Migratory Bird Treaty Act (MBTA) protects all common wild birds and their nests found in the United States (U.S.) except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. The MBTA makes it unlawful for anyone to kill, capture, collect, any migratory bird including feathers, parts, nests, or eggs. The project site contains vegetative cover, which provides suitable nesting habitat for a variety of avian species. The trees within the landscaped/ornamental vegetation on the project site could provide suitable nesting habitat for raptor species. The disturbed habitat may provide suitable nesting habitat for ground-nesting species such as western meadowlark (Sturnella neglecta) and killdeer (Charadrius vociferus). 22 FirstCarbon Solutions Y:\P1Jbl!011tloM\CHM t (PN-JN)~316\33160027\6RA\33160027 Oilknw>nt Sttllo, L1vln1-0akmont Clrl,b.ld BflA.dOOI THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Uvlng-Oakmant of Carlsbad Blologlcol Resources A.s.sessment Impact Analysis and Recommendations SECTION 6: IMPACT ANALYSIS AND RECOMMENDATIONS The following discussion addresses potential impacts to sensitive biological resources resulting from the proposed project and provides recommendations for future surveys, if needed. 6.1 -Sensitive Plant Communities The project site does not contain any sensitive plant communities. Implementation of the project will impact 5.1 acres of disturbed habitat and 1.3 acres of landscaped/ornamental vegetation. Therefore, no sensitive plant communities will be impacted by the proposed project. 6.2 -Critical Habitat As discussed in Section 5.1, above, the project site borders California gnatcatcher (Polioptila ca/1fornica californica) designated critical habitat to the west . As a result, noise related to project construction has the potential cause a significant indirect impact to California gnatcatcher critical habitat during the gnatcatcher breeding season (March 1 to August 15). Construction activities should avoid the gnatcatcher breeding season. However, if the nesting season cannot be avoided, the following measure will be implemented: • The off-site suitable coastal sage scrub habitat is located on private land (APN 209-050-25 & APN 209-120-08). Authorization to access these properties to conduct nesting bird surveys will require owner authorization. If authorization is not granted, the City of Carlsbad will provide direction to ensure no indirect impacts occur to nesting bird species as a result of project initiation. • A single pre-construct ion nesting bird survey will be conducted by a qualified biologist in appropriate habitat for all nesting MBTA covered bird species including the coastal California gnatcatcher within a 500-ft survey buffer within three (3) days of construction. • The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. • If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 ft. from active nests of listed species, and 300 ft. from common bird species. All construction activity will be prohibited within this area. • During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly l,,q within 500 ft. of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented until a qualified biologist determines that the nestlings have successfully fledged. FirstCarbon Solutions Y:\rubbrtof'l,\Olent IPN-Nl\]ll"-'3160027\MA\3116001'1 Ot\rnont Senior LMn,-01kmont Ct11$blO BIIA.dOOt 25 Impact Analysis and Recommendations 6.3 -Special-status Species Oakmont Senior Uving-Oakmant of Carlsbad Biological Resources Assessment 6.3.1 -Threatened and Endangered Species According to the CNDDB, no endangered or threatened species have been documented as occurring on the project site. Additionally, no endangered or threatened species were observed during the reconnaissance-level survey. Although endangered and threatened species have been recorded within the vicinity of the project site (e.g., California gnatcatcher), suitable habitat does not occur on-site. 6.3.2 -State Fully Protected Species No state fully protected species were observed on-site and none are ant icipated to occur on the project site. Therefore, implementation of the proposed project is not expected impact State Fully Protected species. 6.3.3 -Sensitive Plant Species No sensitive plant populations were observed on-site and none are anticipated to occur on-site. Therefore, implementation of the proposed project is not expected impact sensitive plant species. 6.3.4 -Sensitive Wildlife Species CSC wildlife species do not have potential to occur on-site. Therefore, implementation of the proposed project is not expected impact CSC species. 6.4 -Jurisdictional Waters and Wetlands The project site does not contain jurisdictional waters or wetland habitat. Therefore, implementation of the proposed project is not expected to impact any jurisdictional resources. 6.5 -Wildlife Movement Corridors Local or regional wildlife movement corridors do not occur on-site. Therefore, implementation of the proposed project is not expected impact wildlife movement corridors. 6.6 -Nesting Birds The project site contains suitable nesting habitat for a number of different avian species. The shrubs on the project site provide nesting opportunities for several songbirds. The trees on the project site could provide suitable nesting habitat for raptor species. Impacts to nesting birds are a violation of the Migratory Bird Treaty Act (MBTA) and CDFW Code. If ground or vegetation disturbance occurs during the nesting season (February 15 t hrough September 15}, nesting birds may be directly or indirectly impacted, which is a significant impact. Clearing and grubbing activities are generally prohibited during the bird breeding season (February 15-September 15}. However, clearing and grubbing activities can occur if a preconstruction survey is performed. The United States Fish and Wildlife Service (USFWS) must be notified at least seven days 26 FirstCarbon Solutions 'r:\PubltatJ0,M\CU~nt !PN..JNJ\3316\33160027\8RA\33160027 Oakmont setllot Uvln!"O•kmon-t C:arls~d BRA..doo: Oakmont Senior Uving-Ookmont of Carlsbad Biological Resources Assessment Impact Analysis and Recommendations before clearing and grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. Other construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures will be taken: • Surveys will be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500-ft survey buffer within three days of construction. • The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. • If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. • During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60 dBA hourly equivalent continuous noise level (Leq) within 500 feet of breeding habitat occupied by listed species. If noise levels exceed the threshold, the construction array will be changed or noise attenuation measures will be implemented. 6.7 -MHCP Adjacency Standards Direct and indirect impacts may negatively affect sensitive species and sensitive habitats that are adjacent to a property that is being or has been developed. For example, temporary impacts during construction, such as noise and dust, could affect nearby nesting birds. Permanent impacts might include edge effects which could result in invasion by non-native plant species. To avoid these potential impacts, Adjacency Standards have been developed which apply to properties that are adjacent to conserved habitat areas or undeveloped portions of a Standards Area that might be conserved. The standards address issues of fire management, erosion control, landscaping, fencing, signage, indirect impacts, and non-native species control. A selection of project-related Habitat Management Plan (HMP) Adjacency Standards is provided below: • Fuel management. Where existing Hard line Preserve areas are adjacent to existing developed areas, the fuel management zone may continue to encroach into the preserve. However, where new development or preservation is planned, fuel management must be incorporated within the development boundaries and cannot encroach into the preserve. • Positioning of fuel modification areas. Fuel reduction zones, fire breaks and access routes should be positioned to (1) avoid sensitive biological resources, (2) be located at the top or bottom of (not across) a slope, or (3) be located along existing fire breaks where available. FlrstCarbon Solutions Y:',PubbtloM\(!fc.,nl f PN..J~J\)llS\3lH0017\MA\3l160027 0.krniDffl. Senior UWl,-Oakmont cartsbMI !RA.doo. 27 Impact Analysis and Recommendations Oakmont Senior Uving-Ookmont of Carlsbad Biological Resources Assessment • Erosion control measures should be implemented to avoid new surface drainage or erosion within or near the preserve. • The use of non-native or invasive plant species in landscaping for public projects adjacent to preserves is prohibited. • Native plants used for restoration or revegetation should be obtained from local genetic stock to avoid genetic contamination of native species. • Irrigation runoff should be prevented from entering into the preserve from adjacent landscaping to reduce nitrogen, pesticides, and excess moisture. • Signage and fencing should be used as necessary to prevent harmful or unauthorized use of the adjacent preserve, and to protect animals from road kill mortality. Fences that restrict animal movement across movement corridors and habitat linkages should be removed. • Lighting adjacent to preserves should be reduced (low pressure sodium lighting) and/or shielded. • Noise. The use of noise generating equipment should be avoided during the breeding season. Noise levels inside the preserve should not exceed 60 dBA Lew • Public outreach should be used to educate the residents of adjacent neighborhoods about not using invasive species in landscaping, overuse of pesticides and fertilizers, and the problem of unleashed pets and pet waste. As proposed, the project has been designed to incorporate the Adjacency Standards detailed above. In addition, a 60-foot fuel management area has been established along the perimeter of the project site. The fuel management area is located entirely within the project site and will not impact the adjacent Carlsbad Oak North Preserve lands. 28 FirstCarbon Solutions Y:\Pubhcations\Oltint (PN-JNt\3.316\33160027\bAA\33160027 oatmon1 St:nlor Uvlnt-Oilkmont C•rbb.ci 6RA.doo: THIS PAGE INTENTIONALLY LEFT BLANK Ookmont Senior U11ing-Ookmont of Corlsbod Biologlco/ Resources Assessment References SECTION 8: REFERENCES Burt, W.H., and Grossenheider, R.P. 1980. Peterson Field Guides, Mammals. Houghton Mifflin Company. New York, New York. California Department of Fish and Wildlife (CDFW). 2003. Natural Communities List. The Resources Agency of California, Department of Fish and Wildlife, Natural Diversity Data Base. Sacramento, California. California Department of Fish and Wildlife (CDFW). 2014. Special Animals List. The Resources Agency of California, Department of Fish and Wildlife, Natural Heritage Division, Natural Diversity Data Base. Sacramento, California. California Department of Fish and Wildlife (CDFW). 2016. Endangered and Threatened Animals List. The Resources Agency of California, Department of Fish and Wildlife, Natural Heritage Division, Natural Diversity Data Base. Sacramento, California. California Department of Fish and Wildlife (CDFW). 2016. Endangered, Threatened, and Rare Plants. The Resources Agency of California, Department of Fish and Wildlife, Natural Heritage Division, Natural Diversity Data Base. Sacramento, California. California Department of Fish and Wildlife (CDFW). 2016. Special Vascular Plants, Bryophytes, and Lichens List. The Resources Agency of California, Department of Fish and Wildlife, Natural Heritage Division, Natural Diversity Data Base. Sacramento, California. California Native Plant Society (CNPS). 2017. California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of Ca lifornia. California, State of. 1989. Fish and Wildlife Code. Hickman, J.C. 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, California. Holland, R.F. 1986 (updated 1996). Preliminary Descriptions of the Terrestrial Natural Communities of California. Non-game Heritage Program. California Department of Fish and Wildlife. Sacramento, California. Munz, P.A. 1974. A Flora of Southern California. University of California Press. Berkeley, California. National Geographic Society. 1999. National Geographic Society Field Guide to the Birds of North America. 3rd Edition. National Geographic Society, Washington, DC. Sawyer, J.O. and T. Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant Society. Sacramento, California. Stebbins, R. C. 2003. A Field Guide to Western Reptiles and Amphibians. 2nd Edition. Houghton- Mifflin Company. Boston, Massachusetts. FirstCorbon Solutions Y:\PUblCldOM\Cllent jPN-JN)\131'\SJU1)027\MA\33160027 01kmont ~ior llvln,-Oa\rno,i,t CArlsbad &RA.doc:J 31 References Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment Tibor, D. P. 2001. California Native Plant Society's Inventory of Rare and Endangered Plants of California. California Native Plant Society. Special Publication, No. 1, 61h Edition. U.S. Fish and Wildlife Service (USFWS). 1993 (Sep 30). Plant Taxa for Listing as Endangered or Threatened Species; Notice of Review. Federal Register 50 CFR Part 17. U.S. Department of the Interior. Washington, DC. U.S. Fish and Wildlife Service (USFWS). 1994 (Nov 15). Endangered and Threatened Wildlife and Plants; Animal Candidate Review for Listing as Endangered or Threatened Species. Federal Register SO CFR Part 17. U.S. Department of the Interior. Washington, DC. U.S. Fish and Wildlife Service (USFWS). 1997c {Oct. 31). Endangered and Threatened Wildlife and Plants. Federal Register SO CFR Part 17.11 and 17.12. U.S. Department of the Interior. Washington, DC. U.S. Fish and Wildlife Service (USFWS). 2008 (Oct. 17). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the San Bernardino Kangaroo Rat (Dipodomys merriami parvus); Final Rule. Federal Register 50 CFR Part 17, Vol. 73, No. 202. U.S. Department of the Interior. Washington, DC. U.S. Geological Survey (USGS). 1967 and Photo revised 1981. la Habra, California 7.5-Minute Topographic Map. Udvardy, M.D. 1994. National Audubon Society Field Guide to North American Birds. Alfred A. Knopf, Inc. New York, New York. United States Army Corps of Engineers (USACE). 1987. Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. United States Department of Agriculture (USDA). 1979. Soil Survey of San Bernardino County, Southwestern Part, California. Department of the Interior. U.S. Government Printing Office. Washington, DC. United States Department of Agriculture (USDA). 1989. Alluvial Scrub Vegetation of Southern California. Ted L. Hanes, Richard D. Friesen, and Kathy Keane. USDA Forest Service Gen. Tech. Rep. PSW-110. 1989. 32 FirstCarbon Solutions Y:\P\Jb(lc•tions\Clent IPH-JN)\3316\3.3160027\6RA\33160027 Oakmont ~nlor Lfvlna-O•kmont Cillrkbad 8RA..doo: Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment FirstCarbon Solutions 'f:\Publi~Nons\Clifflt (PN•JN)\3316\l3160027\8RA\l3Ui0027 Oatmont Stn!Of LMr,.g-0.t'o:monl Carltb..d MA.ilocx. Appendix A: Sensitive Species Tables 33 THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment Species Table 1 {cont.): Species Status Plant Species I Status j Scientific Name I Common Name 1 USFWS I CDFW CNPS Preferred Habitat Potential On-site/Suitable Habitat Code Designations U.S. Fish and Wildlife Service-State California Native Plant Society FE Federal Endangered CE California Endangered 1B Plants rare, t hreatened, or endangered in California and elsewhere. Plants rare, FT Federal Threatened CT California Threatened threatened, or endangered in California, but more common elsewhere. PE Proposed Endangered 1 Seriously endangered in California. PT Proposed Threatened 2 Fairly endangered in California. 3 We need more information about this plant 4.2 Plants of limited distribution; fairly threatened in California Table 2: Special Status Wildlife Species Species Status Potential to Occur/Known T - Scientific Name Common Name Federal State Required Habitat Occurrence/Suitable Habitat Reptiles and Amphibians Aspidoscelis hyperythra orangethroat -CDFW Coastal sage scrub and chaparral habitats Not detected. Suitable habitat occurs whiptail watch list immediately adjacent to the project site. Phrynosoma b/ainvillii coast horned Species -This species may be found in grassland habitats containing Not detected. Suitable habitat occurs lizard of vernal pools essential for breeding and egg-laying. immediately adjacent to the project site. Special Concern Plestiodon skiltonianus Coronado Island -CDFW Coastal sage scrub and chaparral habitats Not detected. Suitable habitat occurs interparieta/is skink watch list immediately adjacent to the project site. Salvadora hexa/epis coast patch-Species -Inhabits semi-arid brushy areas and chaparral in canyons, Not detected. Suitable habitat occurs virgultea nosed snake of rocky hillsides, and plains. immediately adjacent to the project site. Special Concern Birds Aimophila ruficeps southern -CDFW This bird occurs in southern California coastal sage scrub Not detected. Suitable habitat occurs canescens California rufous-watch list plant communities and require tall Opuntia cactus for immediately adjacent to the project site. crowned sparrow nesting and roosting. FirstCarbon Solutions Y:\P'Ubllcations\Cle.nt {PN•JN)\3316\33160027\BRA\33160027 Od.mont ~nl« lMl'\f-Oakmi;,nt Carlsbad SAA..dool THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Uving-Oakmont of Carlsbad Biological Resources Assessment FirstCorbon Solutions Y:\PtlblilutloM\Gfflt (f'H'..JNl\)S16\]J1i0027\MA\33160027 Otk.tnOnt Srf:f'lklt LM,,,-0.11kl'Mflt Clrlsb.d 811,A.docic Appendix B: Flora Compendium THIS PAGE INTENTIONALLY LEFT BLANK Scientific Name Common Name Special Status Nativity Cal_lPC_Rank Family Common -Onagraceae-Evening Clarkia purpurea Purple clarkia NATIVE -Primrose family Cortaderia selloana Pampas grass -NATURALIZED High Poaceae-Grass family Longbeak -Geraniaceae-Erodium botrys NATURALIZED -filaree Geranium family Festuca myuros Rattail fescue -NATURALIZED Moderate Poaceae-Grass family Fennel -Apiaceae-Carrot Faeniculum vu/gore NATURALIZED High family ~ Heteromeles --Rosaceae-Rose family arbutifo/ia Toyon NATIVE '--- Heterotheca Telegraph --Asteraceae-Sunflower grandiflora weed NATIVE family Smooth cat's--Asteraceae-Sunflower Hypochaeris glabra NATURALIZED Limited family ear Jsocoma menziesii Coastal --Asteraceae-Sunflower var. menziesii goldenbush NATIVE family Lactuca serriola Prickly lettuce --Asteraceae-Sunflower NATURALIZED family Marsh --Plumbaginaceae-Limonium sp. NATURALIZED rosemary Leadwort family --Fabaceae-Legume Lupinus succu/entus Arroyo lupine NATIVE family Malosma /aurina Laurel sumac --Anacardiaceae-Sumac NATIVE Or Cashew family Melilotus indicus Indian --Fabaceae-Legume sweetclover NATURALIZED family Platanus racemosa Western --Platanaceae-Plane NATIVE Tree, Sycamore family sycamore Polypogon Rabbit foot - monspeliensis beard grass NATURALIZED Limited Poaceae-Grass family Quercus dumosa Nuttall's scrub oak CRPR 18.1 -NATIVE Fagaceae-Oak family Rhus integrifo/ia Lemonade --Anacardiaceae-Sumac berry NATIVE Or Cashew family -Polygonaceae-Rumex crispus Curly dock NATURALIZED Limited Buckwheat family - Salix /aevigata Red willow --Salicaceae-Willow NATIVE family ,._ Salvia apiana White sage --Lamiaceae-Mint NATIVE family -- Scientific Name Common Name Special Status Nativity Cal_lPC_Rank Family Common - Sonchus asper ssp. Prickly sow --Asteraceae-Sunflower NATURALIZED asper thistle family Indian rice --Poaceae-Grass family Stipa hymenoides NATIVE grass - Xylococcus bicolor Mission --Ericaceae-Heath manzanita NATIVE family California --Gentianaceae-Gentian Zeltnera venusta NATIVE family centaury THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Living-Oakmont of Carlsbad Biologlcal Resources Assessment FirstCarbon Solutions Y:\p.ibfklllon:1\0lent (PH-Jl'll j\S316'\.Jl160027\MAUJL600U O•l!.rnOl'lt SM/or l.M.,...,O.li.mont C.1tls~d BRA doo Appendix C: Regulatory Framework THIS PAGE INTENTIONALLY LEFT BLANK Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment REGULATORY FRAMEWORK Sensitive Plant and Wildlife Species Sensitive species are native species that have been accorded special legal or management protection because of concern for their continued existence. There are several categories of protection at both federal and state levels, depending on the magnitude of threat to continued existence and existing knowledge of population levels. Federal Endangered Species Act The United States Fish and Wildlife Service (USFWS) administers the Federal Endangered Species Act (ESA). The ESA provides a process for listing species as either threatened or endangered, and methods of protecting listed species. The ESA defines as "endangered" any plant or animal species that is in danger of extinction throughout all or a significant portion of its known geographic range. A "threatened" species is a species that is likely to become endangered. A "proposed" species is one that has been officially proposed by the USFWS for addition to the federal threatened and endangered species list. ESA Section 9 prohibits "take" of threatened or endangered species. The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. Take can include disturbance to habitats used by a threatened or endangered species during any portion of its life history. The presence of any federally threatened or endangered species in a project area generally imposes severe constraints on development, particularly if development would result in "take" of the species or its habitat. Under the regulations of the ESA, the USFWS may authorize "take" when it is incidental to, but not the purpose of, an otherwise lawful act. California Endangered Species Act The California Department of Fish and Wildlife (CDFW) administers the California Endangered Species Act (CESA). The State of California considers an "endangered" species one whose prospects of survival and reproduction are in immediate jeopardy. A "threatened" species is one present in such small numbers throughout its range that it is likely to become an endangered species in the near future in the absence of special protection or management. A "rare" species is one present in such small numbers throughout its portion of its known geographic range that it may become endangered if its present environment worsens. The rare species designation applies to California native plants. State threatened and endangered species are fully protected against take, as defined above. The term "species of special concern" is an informal designation used by CDFW for some declining wildlife species that are not state candidates for listing. This designation does not provide legal protection, but signifies that these species are recognized as sensitive by CDFW. FirstCarbon Solutions Y:\PtlblaoUons\Olmt jPN·JN)\33ttj\33160027\8AA\J3160027 Oakmcn, senro, U'llnt-011:mont C111lsbad BRA.dooc California Native Plant Society Oakmont Senior Uving-Oakmont of Carlsbad Biological Resources Assessment Th e California Native Plant Society (CNPS) is a California resource conservation organization that has developed and inventory of California's sensitive plant species. This inventory summarizes information on the distribution, rarity, and endangerment of California's vascular plants. The inventory is divided into four lists based on the rarity of the species. In addition, the CNPS provides an inventory of plant communities that are considered sensitive by the state and federal resource agencies, academic institutions, and various conservation groups. Determination of the level of sensitivity is based on the number and size of remaining occurrences as well as recognized threats. M igratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) protects all common wild birds found in the United States (U.S.) except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. Resident game birds are managed separately by each state. The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird including feathers, parts, nests, or eggs. California Fish and Wildlife Code-Sections 3503 and 3511 The CDFW administers the California Fish and Wildlife Code (CFG Code). There are particular sections of the CFG Code that are applicable to natural resource management. For example, Section 3503 of the CFG Code states it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird that is protected under t he MBTA. CFG Code Section 3503.5 further protects all birds in the orders Falconiformes and Strigiformes, birds of prey such as hawks and owls, and their eggs and nests from any form of take. CFG Code Section 3511 lists fully protected bird species where the CDFW is unable to authorize the issuance of permits or licenses to take these species. Jurisdictional Waters and Wetlands Impacts to natural drainage features and wetland areas are regulated by the United States Army Corp of Engineers (USACE), Regional Water Quality Control Board {RWQCB), and CDFW based upon the policies and regulations discussed below. United States Army Corp of Engineers Regulations Federal Clean Water Act-Section 404 The USACE administers Section 404 of the federal Clean Water Act (CWA). This section regulates the discharge of dredge and fill material into waters of the U.S. USACE has established a series of nationwide permits that authorize certain activities in waters of the U.S., if a proposed activity can demonstrate compliance with standard conditions. Normally, USACE requires an individual permit for an activity that will affect an area equal to or in excess of 0.5 acre of waters of the U.S. Projects that result in impacts to less than 0.5 acre can normally be conducted pursuant to one of the nationwide permits, if consistent with the standard permit conditions. USACE also has discretionary authority to require an Environmental Impact Statement for projects that result in impacts to an area FirstCorbon Solutions 't:\PubllCiltlo.ru\Cli~nt [PN·JNJ\Hl6\33160027\BRA\3.3Ui00'27 O•kmont Senlot LMn,-OakMOtlt C..rl$bld BRA.dOCll Oakmont Senior Living-Oakmont of Carlsbad Bialagical Resources Assessment between 0.1 and 0.5 acre. Use of any nationwide permit is contingent on the activities having no impacts to endangered species. Waters of the United States Waters of t he U.S., as defined in the Code of Federal Regulations (CFR) Section 328.3, include all waters or tributaries to waters such as lakes, rivers, intermittent and perennial streams, mudflats, sand-flats, natural ponds, wetlands, wet meadows, and other aquatic habitats. Frequently, waters of the U.S., with at least intermittently flowing water or tidal influences, are demarcated by an ordinary high water mark (OHWM). The OHWM is defined in CFR Section 328.3(e) as the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. In this region, the OHWM is typically indicated by the presence of an incised stream bed with defined bank shelving. In June 2001 t he USACE South Pacific Division has issued Guidelines for Jurisdictional Delineations for Waters of the United States in the Arid Southwest. The purpose of this document was to provide background information concerning physical characteristics of dryland drainage systems. These guidelines were reviewed and used to identify jurisdictional drainage features within the Project Site. Wetlands According to the USACE Wetlands Delineation Manual, Technical Report, three criteria must be satisfied to classify an area as a jurisdictional wetland: 1. A predominance of plant life that is adapted to life in wet conditions (hydrophytic vegetation) 2. Soils that saturate, flood, or pond long enough during the growing season to develop anaerobic conditions in the upper part (hydric soils) 3. Permanent or periodic inundation or soils saturation, at least seasonally (wetland hydrology) Wetland vegetation is characterized by vegetation in which more than 50 percent of the composition of dominant plant species are obligate wetland, facultative wetland, and/or facultative species that occur in wetlands. As a result of the 2001 Solid Waste Agency of North Cook County (SWANCC) case, a wetland must show connectivity to a stream course in order for such a feature to be considered jurisdictional. Although wetland criteria was used to identify if areas were considered wetlands, the exact limits of jurisdiction were not measured based on the standard wetland delineation protocol as described in t he 1987 USACE manual. United States Army Corp of Engineers Regulated Activities The USACE regulates the discharge of dredged or fill material including, but not limited to, grading, placing of rip-rap for erosion control, pouring concrete, laying sod, and stockpiling excavated FirstCarban Solutions Y:\Publk•Uons\Oiimt (PN-lN)\3316\33160027\eRA\!,3160027 O.kmonl ~n!or U-An,-.oakmont C.rl$b.ad 8RA.doa Oakmont Senior Living-Oakmont of Carlsbad Biological Resources Assessment material. Activities that generally do not involve a regulated discharge, if performed specifically in a manner to avoid discharges, include driving pilings, drainage channel maintenance, temporary mining and farm/forest roads, and excavating without stockpiling. Regional Water Quality Control Board Regulations Clean Water Act-Section 401 Per Section 401 of the CWA, "any applicant for a Federal permit for activities that involve a discharge to waters of the State, shall provide the Federal permitting agency a certification from the State in which the discharge is proposed that states that the discharge will comply with the applicable provisions under the Federal Clean Water Act." Therefore, before the USACE will issue a Section 404 permit, applicants must apply for and receive a Section 401 water quality certification from the RWQCB. Porter-Cologne Water Quality Act The RWQCB regulates actions that would involve "discharging waste, or proposing t o discharge waste, within any region that could affect t he water of the state" (water code Sectionl3260 (a)), pursuant to provisions of t he Porter-Cologne Water Quality Act. "Waters of the State" are defined as "any surface water or groundwater, including saline waters,.within the boundaries of the state" (water code Section 13050 (e)). Regional Water Quality Control Board Regulated Activities Under Section 401 of the CWA, t he RWQCB regulates all activities that are regulated by the USACE. Additionally, under the Porter-Cologne Water Quality Act, the RWQCB regulates all activities, including dredging, filling, or discharge of materials into waters of the state that are not regu lated by the USACE due t o a lack of connectivity with a navigable water body and/or lack of an OHWM. California Department of Fish and Wildlife Regulations California Fish and Wildlife Code-Section 1600 to Section 16003 The CFG Code mandates that "it is unlawful for any person to substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by t he department, or use any material from the stream beds, without first notifying the department of such activity." CDFW jurisdiction includes ephemeral, intermittent, and perennial watercourses, including dry washes, characterized by the presence of hydrophytic vegetation, the location of definable bed and banks, and the presence of existing fish or wildlife resources. Furthermore, CDFW jurisdiction is often extended to habitats adjacent to watercourses, such as oak woodlands in canyon bottoms or willow woodlands that function as part of the riparian system. Historic court cases have further extended CDFW jurisdiction to include watercourses that seemingly disappear, but re-emerge elsewhere. Under the CDFW definition, a watercourse need not exhibit evidence of an OHWM to be claimed as jurisdiction. However, CDFW does not regulate isolated wetlands; that is, those that are not associated with a river, stream, or lake. FirstCorbon Solutions Y:\Pubih;adons\cilent (ff.l•JN)\,,316\331&'.>027\BHA\33160027 01.kmont Senior llvint-O•kmont Carlsbad 6RA.doa Oakmont Senior Uving-Oakmont of Carlsbad Biological Resources Assessment California Department of Fish and Wildlife Regulated Activities The CDFW regu lates activities that involve diversions, obstruction, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake that supports fish or wildlife resources. FlrstCarbon Solutions 't':\ftl,,blk.lt5onl\Otffll (PN lN}\lll 6\lJ160027\MA\J,J160027 O.limont Senior UYln,-0.kfflonl CMl1b.cf &M.dooc THIS PAGE INTENTIONALLY LEFT BLANK