Loading...
HomeMy WebLinkAboutGPA 06-03; Rancho Milagro MND Attachment 1; General Plan Amendment (GPA)RECON AUG 0 2 2011 CITYOFCARLSBAD PLANNING DEPT Revised Biological Technical Report for the Rancho Milagro Study Area, Carlsbad, California Prepared for Prepared by Lyall Enterprises, Inc. 15529 Highway 76 Pauma Valley, CA 92061 RECON 1927 Fifth Avenue San Diego, CA 92101-2358 P 619.308.9333 F 619.308.9334 RECON Number 3889.IB March 23, 2006 Revised: April 27, 2011 Wendy Loeffler, Semor Biologist Biological Technical Report for the Rancho Milagro Study Area TABLE OF CONTENTS Summary of Findings 1 1.0 Introduction 2 2.0 Methods 7 2.1 Biological Survey 7 2.2 Wetland Delineation 11 3.0 Existing Conditions 11 3.1 Topography and Soils 11 3.2 Vegetation 13 3.3 Zoology 21 3.4 Sensitive Biological Resources 23 4.0 Project Impacts 50 4.1 Vegetation Communities 52 4.2 Wildlife 52 4.3 Sensitive Biological Resources 52 5.0 Mitigation Measures 65 5.1 Sensitive Vegetation Communities 67 5.2 Sensitive Plants 70 5.3 Sensitive Wildlife 70 5.4 Jurisdictional Areas 72 5.5 Rancho Milagro Study Area within the HMP 73 6.0 References Cited 75 RECON Pagei Biological Technical Report for the Rancho Milagro Study Area TABLE OF CONTENTS (cont.) FIGURES 1: Regional Location 3 2: Project Location on USGS Map 5 3: Project Location on Aerial Photograph 6 4: Existing Biological Resources 15 5: Sensitive Species 27 6: Jurisdictional Areas 47 7: Impacts to Vegetation Communities 53 8: Impacts to Sensitive Species 54 9: Impacts to Jurisdictional Areas 59 10: Available On-Site Mitigation Land 66 TABLES 1: Survey Date, Times, Personnel, and Conditions 8 2: Vegetation Communities and Land Cover Types In the Rancho Milagro Study Area 14 3: Sensitive Plant Species Observed or with the Potential for Occurrence on the Rancho Milagro Study Area 28 4: Sensitivity Codes 32 5: Sensitive Wildlife Species Known (or Potentially Occurring) on the Rancho Milagro Study Area 37 6: Jurisdictional Areas on the Rancho Milagro Study Area 48 7: Impacts to Vegetation Communities and Land Cover Types on the Rancho Milagro Study Area 51 8: Impacts to Jurisdictional Areas on the Rancho Milagro Study Area 60 9: Mitigation for Impacts to Vegetation Communities and Jurisdictional Areas 68 PHOTOGRAPHS 1: Freshwater Marsh and Southern Willow Scrub along Northern Boundary of Site 16 2: Southern Willow Scrub and Agua Hedionda Creek along Southern Boundary of Site 16 3: Mule Fat Scrub In Northeastern Corner of Site 18 4: View of Northeastern Portion of Site with Coastal Sage Scrub and Southern Willow Scrub In Background 19 5: View of Northeastern Portion of Site with Disturbed Coastal Sage Scrub, Non-native Grassland, and Southern Willow Scrub 19 ATTACHMENTS Plant Species Observed on the Rancho Milagro Study Area Wildlife Species Observed/Detected on the Rancho Milagro Study Area Conceptual Restoration Design for Rancho Milagro HMP Consistency Findings for Rancho Milagro RECON Pageil Biological Technical Report for the Rancho Milagro Study Area Summary of Findings The 43.6-acre Rancho Milagro study area (study area), located In the city of Carlsbad, California, is proposed for the development of residential homes. This report describes the existing biological resources and jurisdictional areas, the sensitive biological resources with potential to occur, and the proposed impacts and mitigation measures associated with the proposed development ofthe study area. The proposed development of the study area will Impact the following sensitive vegetation communities: southern willow scrub, Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, coast live oak woodland, non-native grassland, and agricultural fields. The proposed development of the site will Impact the following jurisdictional areas: U.S. Army Corps of Engineers wetiands, California Department of Fish and Game riparian habitat and streambed, and City of Carlsbad wetlands. Impacts to these sensitive vegetation communities and jurisdictional areas can be mitigated through on-site preservation, restoration, and/or creation, purchase of off-site habitat, and/or payment of fees into an authorized mitigation bank. Although least Bell's vireo {Vireo bellii pusillus), southwestern willow flycatcher {Empidonax traillii extimus), and coastal California gnatcatcher {Polioptila californica californica) were not detected during the focused surveys conducted by RECON biologists (RECON 2005a), the study area contains suitable habitat for these species, and they are known to occur in the vicinity. Therefore, all grading and vegetation- clearing activities should be conducted outside of the breeding seasons of these species to avoid potential Impacts to them. The breeding seasons are March 1 to August 15 for gnatcatchers, March 15 to September 15 for least Bell's vireo, and May 1 to September 15 for southwestern willow flycatchers, impacts to yellow-breasted chat {Icteria virens auricollis) and yeliow warbler {Dendroica petechia) during the breeding season would also be considered significant; however. Impacts will be mitigated through the same measures as described for the least Bell's vireo and southwestern willow flycatcher. A qualified biologist may be required to monitor all vegetation removal during construction activities to ensure no direct or Indirect Impacts to individual birds. Impacts to nesting raptors, If present, are considered significant under the Fish and Game Code 3503.5. To avoid potential impacts to nesting raptors, it Is recommended that any trees be removed between September 1 and January 31, outside of the breeding season of local raptor species. If tree removal must be conducted during the breeding season of February 1 to August 31, a raptor nest survey should be conducted by a qualified biologist prior to any removal to determine if any raptor nests are present. If an active raptor nest Is discovered, a buffer should be established around the tree until the young are Independent of the nest site. The required buffer is typically 300 feet. No RECON Page 1 Biological Technical Report for the Rancho Milagro Study Area construction activity may occur within this buffer area, until a biologist determines that the fledglings are Independent of the nest. The Rancho Milagro study area Is located within a designated standards area (planned open space) in the City of Carisbad's Habitat Management Plan (HMP) preserve system that contains patches of undeveloped native habitat. The revised site design shows efforts to reduce Impacts to these areas as well as to wildlife movement corridors on and adjacent to the study area. Impacts to Diegan coastal sage scrub are 2.56 acres, which represent a preservation of 5.95 acres (70%) of all coastal sage scrub present within the total project ownership. This is in compliance with the goals for overall preservation of 67 percent of coastal sage scrub within the standards area, as identified In the HMP (City of Carlsbad 2004a). In letters dated December 10, 2004 (City of Carlsbad 2004b), May 20, 2005 (City of Carlsbad 2005a), September 30, 2005 (City of Carlsbad 2005b), April 30, 2007 (City of Carlsbad 2007), January 20, 2009 (City of Carlsbad 2009a), and June 22, 2009 (City of Carlsbad 2009b), the City of Carlsbad Planning Department reviewed and provided comments on the site design and environmental analysis presented in the original and revised biological and wetland delineation technical reports (RECON 2004a, 2004b, 2005b, 2006, 2007a, 2007b, 2007c, 2008, and 2009). This report contains revisions based on these comments received from the City of Carlsbad and revisions based on changes to the site design received from the project engineers. The latest design includes removing all housing lots from the 100-foot wetland buffer. Based on comments provided by the City of Carlsbad and wildlife agencies during a meeting on February 24, 2011 and by electronic mail on March 9, 2011, all non-native lands within the northern wetland buffer will be restored to either coastal sage scrub or riparian scrub. This is in compliance with the HMP Zone 15 Planning Standards for no-net loss of these resources. These revisions show efforts to avoid and minimize impacts to biological resources, particularly the drainages and wetland areas within the study area. 1.0 Introduction This report describes the existing biological resources and jurisdictional areas, the sensifive biological resources with potential to occur, and the proposed Impacts and mitigation measures associated with the proposed development on the 43.6-acre Rancho Milagro study area (study area) in the city of Carlsbad, California (Figure 1). RECON Page 2 WCB • ^ Camp y Pendteton y ii::::::::::::::::ijr^ Bonsall Oceans insjdej t; 1 r^J r: O R P O H ATED . \yalley penter »78 < Buena Vista Lagoon Loveland Resen/oir Agua saii ^zSgSSn^\\ Carlsbad BatiquitosX Lagoon /la UNINCORPOBATED Pacific Ocean Carmel By San Diego Project location 0 Miles 4 o RECON FIGURE 1 Regional Location M:\jobs2\3889-1\common_gis\fig1.mxd 03/09/10 Biological Technical Report for the Rancho Milagro Study Area The 43.6-acre study area is in Range 4 West, Township 11 South, and in an unidentified section ofthe U.S. Geological Survey (USGS) San Luis Rey quadrangle (USGS 1997; Figure 2). The study area Is north of El Camino Real, approximately one mile north of Palomar Airport Road, and one half-mile east of Rancho Carlsbad Golf Course (Sintorosa Country Club) (see Figure 2). Agua Hedionda Creek flows through the southern portion of the site (see Figure 2). The study area is immediately bounded by agricultural development and scattered ranch homes to the west, north, and east, and a residential development to the south (Figure 3). The study area currently comprises undeveloped upland and riparian habitat, and agricultural fields. The Assessor's Parcel Number for the property is 209-060-61. The study area is composed of the 43.57-acre Rancho Milagro property and the adjacent and off-site 0.06-acre section of a sewer line. The Rancho Milagro ownership comprises 43.57 acres of upland and riparian area. The southern 16.3 acres have been designated as open space for the purposes of providing wefiand mitigation credit in conjunction with wetland habitat impacts associated with the adjacent Terraces at Sunny Creek development (see Figure 3). The study area is within the boundaries of the City of Carlsbad's Habitat Management Plan (HMP), a subarea plan in affiliation with the North County Multiple Habitat Conservation Program (MHCP; San Diego Association of Governments [SANDAG] 2003). The MHCP is a comprehensive, multi-jurisdictional habitat conservation plan prepared for northwestern San Diego County that identifies a series of focused planning areas within which some lands will be dedicated for preservation of nafive habitats. The HMP was granted final approval from the state and federal agencies and adopted In November, 2004. This report provides all the necessary biological data and background information required for environmental analysis under guidelines provided in the California Environmental Quality Act (CEQA) and in the HMP (City of Carlsbad 2004a). In addition, this report identifies the locafion of all jurisdictional areas and provides the necessary background informafion for analysis by U.S. Army Corps of Engineers (USACE), California Department of Fish and Game (CDFG), the City of Carlsbad, and the Regional Water Quality Control Board (RWQCB). USACE can use the data to make a jurisdicfional determination with respect to Section 404 of the Clean Water Act (CWA), CDFG can use the data to make a jurisdicfional determinafion with respect to Section 1600-1607 of the Fish and Game Code and Code of California Regulafion, the City of Carlsbad can use the data to make a jurisdictional determinafion with respect to the HMP, and RWQCB can use the data to make a jurisdictional determination with respect to the CWA and the California Porter-Cologne Water Quality Control Act. The results of the wetland delineafion are presented In more detail in the revised wefiand delineation report for the site (RECON 2009). RECON Page 4 Map Source: USGS 7.5 minute topographic map series, SAN LUIS REY quadrangle. Agua Hedionda Land Grants yrjy . . Study Area RECON M:\jobs2\3889-1 \common_gis\fig2.mxd 02/23/10 FIGURE 2 Project Location on USGS Map Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) 0 Feet 350 RECON M:\jobs2\3889-1\common_gis\fig3.mxd 02/23/10 Study Area FIGURE 3 Project Locafion on Aerial Photograph Biological Technical Report for the Rancho Milagro Study Area This report contains revisions based on the comments received by the City of Carlsbad Planning Department in letters dated December 10, 2004 (City of Carlsbad 2004b), May 20 and September, 2005 (City of Carlsbad 2005a and 2005b), April 30, 2007 (City of Carlsbad 2007), January 20 and June 22, 2009 (City of Carlsbad 2009a and 2009b) and revisions based on the most current changes to the site design received from the project engineers not included in the original and revised biological and wefiand technical reports and update letter (RECON 2004a, 2005b, 2006, 2007a, 2007b, 2007c, 2008, and 2009). The latest project design Includes removing all housing lots from the 100-foot wefiand buffer. Based on comments provided by the City of Carlsbad and wildlife agencies during a meefing on February 24, 2011 and by electronic mail on March 9, 2011, all non-nafive lands within the northern wefiand buffer will be restored to either coastal sage scrub or riparian scrub. This is in compliance with the HMP Zone 15 Planning Standards for no-net-loss of these resources. These revisions were made to avoid and minimize impacts to biological resources, particularly the drainages and wetland areas, within the study area. The impacts associated with the sewer line alignment through the Agua Hedionda Creek riparian area have already been reviewed and approved by the City of Carlsbad according to the Mitigated Negative Declaration dated April 4, 2000 (City of Carlsbad 2000). 2.0 IVIethods 2.1 Biological Survey A number of surveys have been conducted on the biological resources on the study areas. The specifics of survey dates, fimes, and personnel for all site visits are provided in Table 1. A general biological survey was conducted on October 2, 2003 by RECON biologist Darin Busby and on April 28, 2004 by RECON biologists Darin Busby and Brant Primrose (Table 1). Surveys were conducted on foot. In order to cover all areas of the site. Vegetation communities were assessed and mapped by hand on a one-inch- equals-200-feet aerial photograph flown in May 2003 and later screen-digifized into ArcGIS software. Animal species observed directly or detected from calls, tracks, scat, nests, or other sign were noted. All plant species observed In the study area were also recorded, and plants that could not be identified in the field were identified later using taxonomic keys. RECON Page 7 TABLE 1 SURVEY DATES, TIMES, PERSONNEL, AND CONDITIONS Date Survey Personnel Beginning Conditions Ending Conditions 10/2/03 General biology Wetland delineation D. Busby 8:00 A.M.; 65°F; winds 1-3 mph; 100% cloud cover 2:30 P.M.; 75°F; winds 1-5 mph; 100% cloud cover 4/28/04 General biology Wetland delineation D. Busby B. Primrose 11:00 A.M.;90''F; winds 3-5 mph; 0% cloud cover 2:00 P.M.; 95°F; winds 3-5 mph; 0% cloud cover 4/15/05 LBV#1 D. Busby 8:10 A.M.; 61°F; winds 0-2 mph; 0% cloud cover 10:30 A.M.; 63°F; winds 0-2 mph; 0% cloud cover 4/29/05 LBV #2 D. Busby 7:10 A.M.; 59°F; winds 0-2 mph; 10% cloud cover 9:30 A.M.; 64°F; winds 0-2 mph; 60% cloud cover 5/9/05 LBV #3 CAGN #1 D. Busby A. Clark 8:10 A.M.; 62°F; winds 1-3 mph; 50% cloud cover 9:55 A.M.; 70°F; winds 2-3 mph; 70% cloud cover 5/19/05 LBV #4 WIFL #1 D. Busby C. Jones 8:00 A.M.; 68T; winds 0 mph; 0% cloud cover 9:50 A.M.; 75T; winds 0 mph; 0% cloud cover 5/23/05 CAGN #2 A. Clark 8:40 A.M.; 72°F; winds 0-2 mph; 100% cloud cover 9:45 A.M.; 73°F; winds 0-2 mph; 100% cloud cover 6/2/05 LBV #5 WIFL #2 D. Busby C.Jones 8:05 A.M.; 68°F; winds 2-3 mph; 100% cloud cover 9:50 A.M.; 70°F; winds 2-3 mph; 100% cloud cx)ver 6/3/05 CAGN #3 A. Clark 7:00 A.M.; 62°F; winds 0-2 mph; 95% cloud cover 8:45 A.M.; 62°F; winds 0-2 mph; 100% cloud cover 6/13/05 LBV #6 D. Busby 8:00 A.M.;69°F; winds 0 mph; 100% cloud cover 9:55 A.M.; 72°F; winds 0 mph; 100% cloud cover 6/16/05 Rare plant survey G. Scheid N/A N/A 6/23/05 LBV #7 WIFL #3 D. Busby C.Jones 8:00 A.M.; 63°F; winds O mph; 100% cloud cover 9:30 A.M.; 65°F; winds 0 mph; 100% cloud cover 6/29/05 WIFL #4 C. Jones 7:55 A.M.; 64°F; winds 0-3 mph; 100% cloud cover 8:50 A.M.; 66°F; winds 0-3 mph; 100% cloud cover 7/12/05 LBV #8 D. Busby 6:45 A.M.; 68°F; winds 0 mph; 100% cloud cover 8:10 A.M.; 69°F; winds 0 mph; 100% cloud cover 7/12/05 WIFL #5 C.Jones 10:00 A.M.; 72T; winds 1-5 mph; 10% cloud cover 11:00 A.M.; 73°F; winds 1-5 mph; 10% cloud cover 7/18/05 Tree survey D. Busby N/A N/A 12/14/06 Wetland verification G. Scheid N/A N/A 12/7/07 Biological verification W. Loeffler N/A N/A Restoration site visit P. Tomsovic °F = degrees Fahrenheit; mph = miles per hour; % = percent; LBV = least Bell's vireo; CAGN gnatcatcher; WIFL = southwestern willow flycatcher; N/A = data not available coastal Califomia RECON Biological Technical Report for the Rancho Milagro Study Area RECON biologist Gerry Scheid conducted a rare plant survey on-site on June 16, 2005 (RECON 2005c). The rare plant survey focused on the following potenfially occurring rare plant species: San Diego thornmint {Acanthomintha ilicifolia), California adolphia {Adolphia californica), Del Mar manzanita {Arctostaphylos glandulosa ssp. crassifolia), San Dlego sagewort {Artemisia palmeri), thread-leaved brodlaea {Brodiaea filifolia), Del Mar Mesa sand aster {Corethrogyne filaginifolia var. linifolia), summer holly {Comarostaphylis diversifolia ssp. diversifolia), sticky-leaved llveforever {Dudleya viscida), Palmer's grappling hook {Harpagonella palmeri var. palmeri), Orcutt's hazardia (Hazard/a orcuttii), spiny rush {Juncus acutus ssp. leopoldii), San Dlego goldenstar {Muilla clevelandii), and Nuttall's scrub oak {Quercus dumosa). The survey was conducted by walking meandering transects through appropriate habitat with potenfial to support rare plants. All rare plant species observed In the study area were mapped by hand on a one-lnch-equals-200-feet aerial photograph flown in April 2004 and later screen-digitized Into ArcGIS software. Plants that could not be identified In the field were Idenfified later using taxonomic keys. In response to comments from the City of Carlsbad Planning Department dated December 10, 2004 (City of Carlsbad 2004b) and May 20, 2005 (City of Carlsbad 2005a), RECON biologist Darin Busby conducted a tree survey on July 18, 2005, to map the location and measure the trunk diameter of each coast live oak {Quercus agrifolia) and western sycamore {Platanus racemosa) tree within the developable area In the northern half of the study area. Because the riparian area within the wetland mifigafion area dedicated for impacts from the Terraces at Sunny Creek development contains hundreds of coast live oak and western sycamore trees that will not be Impacted by the proposed development, this area was excluded from the tree survey. All coast live oak and western sycamore locations and their diameters at breast height (DBH) were collected with a Trimble Global Positioning System (GPS) unit with sub-meter accuracy and later uploaded into ArcGIS software for analysis. RECON biologist Amy Clark conducted the focused surveys for coastal California gnatcatcher (RECON 2005b) under USFWS permit number TE-797665 according to USFWS survey guidelines (USFWS 1997b), which require three surveys at least one week apart. Surveys were conducted by walking meandering transects throughout and adjacent to areas of suitable coastal California gnatcatcher habitat. Approximately 20 acres of suitable habitat is present on-site. A vocallzafion tape was played at approximately 100-foot Intervals In an attempt to elicit a response from the birds. All bird species observed during the surveys were noted, and sensifive wildlife species observed were mapped by hand on a one-lnch-equals-200-feet aerial photograph flown in April 2004 and later screen-digitized Into ArcGIS software. RECON biologist Cynthia Jones conducted the focused surveys for southwestern willow flycatcher (RECON 2005a) under USFWS permit number TE-811615 according to USFWS survey guidelines (USFWS 2000), which require five surveys. A survey was RECON Page 9 Biological Technical Report for the Rancho Milagro Study Area conducted In each of the two periods from May 15 through May 31 and from June 1 through June 21. Three surveys were conducted between June 22 and July 17, with at least five days separating consecutive surveys. Surveys were conducted by walking meandering transects throughout and adjacent to areas of suitable southwestern willow flycatcher habitat. A vocalization tape was played at approximately 200-foot intervals in an attempt to elicit a response from the birds. Approximately 15 acres of suitable habitat Is present on-site. All bird species observed during the surveys were noted, and sensifive wildlife species observed were mapped by hand on a one-lnch-equals-200-feet aerial photograph flown In April 2004 and later screen-digitized Into ArcGIS software. RECON biologist Darin Busby conducted the focused surveys for least Bell's vireo {Vireo bellii pusillus; RECON 2005a) according to USFWS survey guidelines (USFWS 2001), which require eight surveys at least 10 days apart between April 1 and July 31. Surveys were conducted by walking meandering transects throughout and adjacent to areas of suitable least Bell's vireo habitat. Approximately 15 acres of suitable habitat Is present on-site. All bird species observed during the surveys were noted, and sensifive wildlife species observed were mapped by hand on a one-lnch-equals-200-feet aerial photograph flown in April 2004 and later screen-digitized into ArcGIS software. On December 7, 2007, RECON biologists Wendy Loeffler and Peter Tomsovic conducted a site visit to verify the biological resources, update the vegetation mapping, and evaluate the potenfial for restoration on the site. The majority of the surveys were conducted during the fall of 2003, spring of 2004, and spring and summer of 2005. Although seasonal factors, such as blooming period, emergence of some annual species, and low seasonal rainfall were limitafions to the compilation of a comprehensive floral checklist during the fall of 2002 and the spring of 2003, the high percentage of annual rainfall for San Dlego County during the winter of 2004/2005 compensated for the drought condifions observed during the previous years. Therefore, all potentially occurring plant species within the survey area would have had a higher probability of being observed during the surveys conducted In 2005. The wildlife surveys were limited by seasonal as well as temporal factors. Nocturnal animals were observed Indirectly through sign such as tracks, scat, and/or nests. Floral nomenclature for common plants follows Hickman (1993) and for sensitive plants the California Native Plant Society (CNPS; 2001). Vegetafion community classifications follow Holland (1986). Zoological nomenclature for birds is In accordance with the American Ornithologists' Union Checklist (1998) and Unitt (2004); for mammals with Jones et al. (1997); for butterflies with MattonI (1990) and Opier and Wright (1999); and for amphibians and reptiles with Crother (2001) and Crother et al. (2003). Assessments of the senslfivlty of species and habitats are based primarily on City of Carlsbad (2004b), CNPS (2001), State of California (2008a, 2008b, 2008c, 2008d, 2008e), and Holland (1986). RECON Page 10 Biological Technical Report for the Rancho Milagro Study Area 2.2 Wetland Delineation A roufine wefiand delineafion was performed on the study area by RECON biologist Darin Busby on October 2, 2003 and April 28, 2004. The wefiand delineation was performed according to the guidelines set forth by USACE (1987). A wetland delineation is used to Identify and map the extent ofthe wefiands and waters of the U.S. and provide Information regarding jurisdictional Issues. The locations of the jurisdictional areas were mapped by hand on a one-inch-equals-200-feet aerial photograph flown In May 2003 and later screen-digitized into ArcGIS software. Potenfial CDFG jurisdictional areas were also assessed. Areas that qualify as wefiands under the USACE or CDFG standards are also considered wetlands by the City of Carlsbad. The full results of the wetland delineation are presented in the revised wefiand delineation report (RECON 2009) and are summarized In this report. Access to Agua Hedionda Creek was limited due to the presence of a dense understory of western poison oak {Toxicodendron diversilobum) and impenetrable vegetation within the southern willow scrub and sycamore/oak woodland. As a result, sample points were limited to a few select accessible locafions. The extent of the jurisdicfional areas between sample points was inferred based on observations made where samples were taken. In addifion, because the proposed development plan for the Rancho Milagro study area limits the proposed development to the northern half of the site, it was not crifical that these inaccessible areas along Agua Hedionda Creek be accurately delineated. Gerry Scheid, senior RECON wetland specialist, conducted a site visit on December 14, 2006 to verify and update the existing wetland delineation. The wetland delineation report (RECON 2009) was revised to reflect the current existing condifions within the study area. 3.0 Existing Conditions 3.1 Topography and Soils Elevafion on the study area ranges from approximately 80 feet above mean sea level (MSL) In the southwestern portion of the study area to 200 feet above MSL In the northeastern portion of the study area (USGS 1997). Agua Hedionda Creek flows from east to west along the southern boundary of the study area and an unnamed tributary of Agua Hedionda Creek flows from east to west along the northern boundary of the study area. RECON Page 11 Biological Technical Report for the Rancho Milagro Study Area Seven soil series are present throughout the study area: Altamont series, Cieneba series, Huerhuero series, Riverwash, Terrace escarpments, Tujunga series, and Visalia series (U.S. Department of Agriculture [USDA] 1973). Characterisfics of these soils are summarized from the USDA Soil Survey of San Diego Area, California (USDA 1973) and the local hydric soil list (USDA 1992). Altamont clay soils, 9-to-15-percent slopes, occur in the northeastern and southwestern portion of the study area. This soil type is well drained and has a medium runoff and moderate erosion hazard. Altamont clay soils, 15-to-30-percent slopes, occur on the hilltop in the southeastern portion of the study area. This soil type typically occurs on rounded hills and has slow permeability, medium-to-rapid runoff, and a moderate-to-high erosion hazard. Cieneba coarse sandy loam, 5-to-15-percent slopes, eroded, occurs in the southern portion of the study area. This soil type typically occurs on rolling hills and is moderately to excessively drained, has slow-to-medium runoff, rapid to moderately slow permeability, and a slight-to-moderate erosion hazard. Cieneba-Fallbrook rocky sandy loam, 9-to-30-percent slopes, eroded occurs in the central portion of the study area. Typically, this soil group occurs on uplands with over five-percent surface cover of large rock outcrops and boulders. Cieneba-Fallbrook rocky sandy loam soils consist of weathered granitic rock that tend to be excessively drained, and have slow-to-medium runoff, rapid permeability, and moderate-to-high erosion hazard. Huerhuero loam, 9-to-15-percent slopes, occurs in the northern portion of the study area. Huerhuero loam soils developed from sandy marine sediments and typically have a massive, hard surface layer and horizons of clay accumulation that have high base saturation. These soils are often enriched with aluminum and Iron. They tend to be well drained, and have medium-to-rapid runoff and moderate-to-hIgh erosion hazard. Riverwash occurs In the southwestern portion of the study area. Rivenwash typically occurs in intermittent stream channels and has a sandy, gravelly, and cobbly substrate. Rivenvash Is excessively drained and has rapid permeability. Terrace escarpments occur in the southeastern portion of the study area. This soil type typically occurs on the coastal plain and as small areas in the foothills and the desert. The soil occurs between narrow floodplains and adjoining uplands and the steep sides of drainages that are entrenching into level uplands. The soil has rapid runoff and a high erosion hazard. Tujunga soil, O-to-5-percent slopes, occurs within Agua Hedionda Creek in the western portion of the study area. Tujunga soils are derived from granitic alluvium and are found RECON Page 12 Biological Technical Report for the Rancho Milagro Study Area on alluvial floodplains. This soils type is excessively drained, has rapid permeability, a slow runoff, and a slight erosion hazard. Visalia sandy loam, 2-to-5-percent slopes, occurs In the southern half of the study area. Visalia sandy loam is well drained to moderately well drained, has slow-to-medium runoff, and has a slight-to-moderate erosion hazard. 3.2 Vegetation Eleven vegetafion communities and land cover types occur In the 43.6-acre study area: freshwater marsh, southern willow scrub, mule fat scrub, Diegan coastal sage scrub, disturbed coastal sage scrub, coast live oak woodland, sycamore/oak woodland, eucalyptus woodland, disturbed land, agricultural fields, and developed land. Table 2 lists the acreages of each vegetafion community and land cover type present and Figure 4 illustrates the locations of each vegetation community In the study area. A total of 106 plant species were identified in the study area (Attachment 1). Ofthis total, 68 (64 percent) are species nafive to southern California and 38 (36 percent) are Introduced species. 3.2.1 Freshwater Marsh Freshwater marsh is a wetland vegetation community that occurs in open bodies of fresh water with little current flow, such as ponds, and to a lesser extent around seeps and springs. All wefiand habitats have been greatly reduced throughout their entire range and continue to decline as a result of urbanization. Approximately 0.21 acre of freshwater marsh is present along the unnamed drainage running through the center ofthe study area (see Figure 4; Photograph 1). The dominant plants in this community include cattails {Typha spp.), spiny rush {Juncus acutus ssp. leopoldii), an unidentified rush species {Juncus sp.), California bulrush {Scirpus californicus), and yerba mansa {Anemopsis californica). 3.2.2 Southern Willow Scrub Southern willow scrub Is a dense riparian community dominated by broad-leafed, winter- deciduous trees such as willows (Sa//x spp.). This vegetafion community is typically found along major drainages, but also occurs in smaller drainages. The density of the willows typically prevents a dense understory of smaller plants from growing. The representafive species typically grow in loose, sandy, or fine gravelly alluvium deposited near stream channels during flood flows. This community requires repeated flooding to prevent succession to community dominated by sycamores and cottonwoods (Holland 1986). RECON Page 13 TABLE 2 VEGETATION COMMUNITIES AND LAND COVER TYPES IN THE RANCHO MILAGRO STUDY AREA Rancho Mitigation Off-site Total Biological Resource Milagro Area* Sewer Study Area Vegetafion Community/Land Cover Type Wetland/Riparian Communities Freshwater marsh 0.21 0.21 Southern willow scrub 0.90 1.68 2.58 Mule fat scrub 0.04 0.04 Sycamore/oak woodland 0.11 9.34 9.45 Upland Communities Diegan coastal sage scrub 6.14 0.83 6.97 Disturbed coastal sage scrub 1.32 0.22 1.54 Coast live oak woodland 1.05 2.36 3.41 Eucalyptus woodland 0.06 0.06 Non-native grassland 4.40 0.96 5.36 Agricultural field 12.06 12.06 Developed land 0.98 0.91 0.06 1.95 TOTAL 27.27 16.30 0.06 43.63 *A portion of this area was dedicated as open space for the purpose of wefiand mitigation associated with mitigafion for impacts to another off-site project: Terraces at Sunny Creek. RECON Image source: Copyright 2008 GlobeXplorer, LLC, All Righls Reserved (flown Jan 2008) RECON study Area Vegetation Communities Coast live oak woodland ] Coastal sage scrub I Disturbed coastal sage scrub Eucalyptus woodland Freshwater marsh Mule fat scrub Southern willow scrub Sycamore/Oak woodland Agriculture Non-native grasslands Developed 0 Feet 250 M:\jobs2\3889-1\common_gis\fig4.mxd 02/23/10 FIGURE 4 Existing Biological Resources PHOTOGRAPH 1 Freshv/ater Marsh and Southern Willow Scrub Along Northern Boundary of Site RECON PHOTOGRAPH 2 Southern Willow Scrub and Agua Hedionda Creek Along Southern Boundary of Site M:\JOBS2\3889\bio\graphics\biotec\phofosl -2.oi 06/07/04 Biological Technical Report for the Rancho Milagro Study Area A total of approximately 2.58 acres of southern willow scrub Is present along Agua Hedionda Creek In the southern portion of the study area and the unnamed drainage in the northern portion of the study area (see Figure 4 and Photographs 1 and 2). The vegetation community is dominated by arroyo willow (Sa//x lasiolepis), which forms a canopy with variable density throughout the study area. In some areas understory plant species include spiny rush and saltgrass {Distichlis spicata). Patches of giant reed {Arundo donax) occur along Agua Hedionda Creek. 3.2.3 Mule Fat Scrub Mule fat scrub Is a tall, herbaceous riparian scrub strongly dominated by mule fat {Baccharis salicifolia). This vegetation community occurs along drainages with a fairly coarse substrate and a moderate depth to the water table. Mule fat scrub Is developed and maintained from flooding or other disturbance but may change through successlonal processes, to willow-cottonwood or sycamore-dominated riparian forest/woodland, in the absence of disturbance. The community can also occur where dominant riparian scrubs and woodlands are disturbed or open (Holland 1986). Mule fat scrub is present on approximately 0.04 acre along a dry drainage on the eastern edge of the study area (see Figure 4; Photograph 3). This vegetation community Is dominated by mule fat. 3.2.4 Diegan Coastal Sage Scrub This vegetation community is composed of low-growing, aromatic, drought-deciduous soft-woody shrubs that have an average height of approximately three to four feet. The community typically is found on low moisture-availability sites with steep, xeric slopes or clay rich soils that are slow to release stored water. These sites often Include drier south- and west-facing slopes and occasionally north-facing slopes, where the community can act as a successlonal phase of chaparral development. Diegan coastal sage scrub intergrades at higher elevations with several types of chaparrals, or in drier more inland areas with RIversidian sage scrub. Diegan coastal sage scrub Is found in coastal areas from Los Angeles County south into Baja California, Mexico (Holland 1986). Approximately 6.97 acres of Diegan coastal sage scrub occur throughout the study area (see Figure 4; Photograph 4). The community is dominated by California sagebrush {Artemisia californica) and California buckwheat {Eriogonum fasciculatum var. fasciculatum). Black sage {Salvia mellifera), blue elderberry {Sambucus mexicana), laurel sumac {Malosma laurina), bladderpod {Isomeris arborea), and broom baccharis {Baccharis sarothroides) are also present. Understory species include both native and non-nafive species, such as slender stephanomeria {Stephanomeria virgata), coast RECON Page 17 ^ V. PHOTOGRAPH 3 Mule Fat Scrub in Northeastern Corner of Site RECON /v\:\JOBS2\3889\bio\graphics\photo3.ai 06/02/04 PHOTOGRAPH 4 View of Northeastern Portion of Site With Coastal Sage Scrub and Southern Willow Scrub in Background RECON PHOTOGRAPH 5 View of Northeastern Portion of Site with Disturbed Coastal Sage Scrub, Non-native Grassland, and Southern Willow Scrub /VI:\JOBS2\3889\bio\graphlcs\biotec\photos4-5.ai 10/1 0/08 Biological Technical Report for the Rancho Milagro Study Area goldenbush {Isocoma menziesii), filaree {Erodium sp.), wild oats {Avena sp.), and California broom {Lotus scoparius). 3.2.5 Disturbed Diegan Coastal Sage Scrub Disturbed Diegan coastal sage scrub generally supports the same species composition as Diegan coastal sage scrub but contains a larger percentage of non-native weedy plant species. Several patches of disturbed coastal sage scrub totaling 1.54 acres are scattered throughout the study area (see Figure 4 and Photograph 5). Non-nafive plant species within this community include filaree, ripgut grass {Bromus diandrus), tocolote {Centaurea melitensis), black mustard {Brassica nigra), fennel {Foeniculum vulgare), Russian thistle {Salsola tragus), and tree tobacco {Nicotiana glauca). The native plant species occurring within the community are sparse and include California sagebrush, broom baccharis, California buckwheat, coast goldenbush, and California broom. 3.2.6 Coast Live Oak Woodland Coast live oak woodland is a vegetation community that is defined as having one primary tree, coast live oak, as the dominant species of the community. Coast live oak woodlands are typically found on north-facing slopes and shaded ravines on the coastal slopes of the southern California mountain ranges, generally below 4,000 feet (Holland 1986). Coast live oak woodland is generally found in upland areas that are outside the influence of the drainages and streambeds. Several patches of coast live oak woodland totaling 3.41 acres are scattered throughout the study area (see Figure 4). The understory species of this vegetation community are a mix of nafive and non-native weedy species. 3.2.7 Sycamore/Oak Woodland Approximately 9.45 acres of sycamore/oak woodland occurs adjacent to Agua Hedionda Creek in the southern portion of the study area (see Figure 4). The habitat is dominated by coast live oak and western sycamore. Understory plant species include mugwort {Artemisia douglasiana), California rose (Rosa californica), western poison oak, fuchsia-flowered gooseberry {Ribes speciosum), coyote bush {Baccharis pilularis), and California blackberry {Rubus ursinus). 3.2.8 Eucalyptus Woodland Approximately 0.06 acre of eucalyptus woodland occurs along the eastern boundary of the study area (see Figure 4). The eucalyptus woodland Is composed of eucalyptus RECON Page 20 Biological Technical Report for the Rancho Milagro Study Area trees {Eucalyptus spp.) with an understory of non-native weedy species. The trees vary from short vegetafive sprouts to mature trees measuring from approximately 30 to 50 feet in height. 3.2.9 Non-native Grassland Approximately 5.36 acres of non-nafive grassland occurs In the study area (see Figure 4 and Photograph 5). These areas are dominated by non-nafive vegetafion such as black mustard, filaree, tocolote, fennel, Russian thisfie, and tree tobacco. Non-nafive grasses are present but provide a small percentage of total cover. 3.2.10 Agricultural Fields Approximately 12.06 acres of agricultural fields occur in the study area (see Figure 4). Several of these agricultural fields are currently under cultivafion. 3.2.11 Developed Land Approximately 1.95 acres of developed land occurs in the study area (see Figure 4). These areas are composed of dirt trails, dirt roads, and graded areas. 3.3 Zoology The majority of the study area is of moderate-to-high value for wildlife species. The variety of nafive vegetafion communities provides habitat for a variety of wildlife species. The Diegan coastal sage scrub In the study area is composed of large and small patches that are of moderate-to-high quality for wildlife species. The riparian vegetation in the study area is continuous and of moderate-to-hIgh quality for wildlife species. A large portion of the study area Is disturbed and under culfivatlon and provides limited resources for wildlife. However, the disturbed and agricultural fields In the study area provide foraging habitat for a variety of raptor species. A complete list of the wildlife species detected is provided in Attachment 2. Sensitive species potentially occurring in the study area are discussed in the Sensitive Biological Resources section. 3.3.1 Butterflies The distribufion of butterflies is generally defined by the distribufion of their larval food plants. Species common in Diegan coastal sage scrub, southern mixed chaparral, chamise chaparral, and non-native grassland are expected to be the most common butterfly species in the study area. The study area also has boulders that could be used as hill topping areas, which some butterfly species use to search for mates. RECON Page 21 Biological Technical Report for the Rancho Milagro Study Area Common butterfly species observed in the study area include western figer swallowtail {Papilio rutulus rutulus), cabbage white {Pieris rapae), red admiral (Vanessa atalanta rubria), west coast lady (Vanessa annabella), mourning cloak {Nymphalis antiopa antiopa), California sister {Adelpha bredowii), and Behr's metalmark {Apodemia mormo virguiti). 3.3.2 Amphibians All amphibians require moisture for at least a portion of their life cycle, with many requiring a permanent water source for habitat and reproduction. Terrestrial amphibians have adapted to more arid conditions and are not completely dependent on a perennial or standing source of water. These species avoid desiccation by burrowing beneath the soil or leaf litter during the day and during the dry season. Agua Hedionda Creek and the unnamed tributary of Agua Hedionda Creek provide a permanent source of water for amphibians. Common amphibian species detected in the study area include Pacific treefrog {Pseudacris regilla) and California treefrog {Pseudacris cadaverina). 3.3.3 Reptiles The diversity and abundance of reptile species vary with habitat type. Many reptiles are restricted to certain vegetation communities and soil types, although some of these species will also forage in adjacent communifies. Other species are more ubiquitous using a variety of vegetation types for foraging and shelter. Common reptiles observed in the study area include western fence lizard {Sceloporus occidentalis) and granite spiny lizard {Sceloporus orcutti). 3.3.4 Birds The diversity of bird species varies with respect to the character, quality, and diversity of vegetafion communities. Coastal sage scrub and riparian communities typically support a moderate to high diversity of bird species. The most commonly observed bird species in the study area included mourning dove {Zenaida macroura marginella), Anna's hummingbird {Calypte anna), American crow {Corvus brachyrhynchos hesperis), common yellowthroat {Geothlypis trichas), house finch {Carpodacus mexicanus frontalis), California towhee (P/p//o crissalis), and spotted towhee (P/p//o maculatus). RECON Page 22 Biological Technical Report for the Rancho Milagro Study Area Raptor species observed foraging in the study area Include white-tailed kite {Elanus leucurus), northern harrier {Circus cyaneus hudsonius). Cooper's hawk {Accipiter cooperii), red-tailed hawk {Buteo jamaicensis), and American kestrel {Falco sparverius). 3.3.5 Mammals Coastal sage scrub and riparian communifies typically provide cover and foraging opportunifies for a variety of mammal species. Most mammal species are nocturnal and must be detected during daytime surveys by observing their sign, such as tracks, scat, and burrows. Desert cottontail {Sylvilagus audubonii) and California ground squirrel {Spermophilus beecheyi) were directly observed in the study area. In addition, southern pocket gopher {Thomomys umbrinus) burrows, raccoon {Procyon lotor) tracks, southern mule deer {Odocoileus hemionus fuliginata) tracks, and coyote {Canis latrans) scat were observed in the study area. 3.4 Sensitive Biological Resources 3.4.1 Sensitivity Criteria Local, state, and federal agencies regulate sensitive species and require an assessment of their presence or potential presence to be conducted in the study area prior to the approval of proposed development. For purposes of this report, species will be considered sensifive if they are: (1) listed or proposed for lisfing by state or federal agencies as threatened or endangered; (2) on List IB (considered endangered throughout its range) or List 2 (considered endangered In California but more common elsewhere) of the CNPS's Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001); (3) included on the City of Carisbad HMP or MHCP list of species evaluated for coverage or list of narrow endemic plant species (City of Carisbad 2004a); or (4) considered rare, endangered, or threatened by the State of California (2008a, 2008b, 2008c, 2008d, 2008e) or other local conservation organizafions or specialists. Noteworthy plant species are considered to be those which are on List 3 (more informafion about the plant's distribution and rarity needed) and List 4 (plants of limited distribution) of the CNPS Inventory. Sensifive habitat types are those Idenfified by the HMP (City of Carisbad 2004a) or Holland (1986) or considered sensitive by other resource agencies. Raptors (birds of prey) and active raptor nests are protected by the California Fish and Game Code 3503.5, which states that it is "unlawful to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird" unless authorized (CDFG 1991). RECON Page 23 Biological Technical Report for the Rancho Milagro Study Area All wetland areas are considered sensitive, as are wetland buffer areas. USACE regulates the discharge of dredged or fill material into waters of the U.S. (wefiand and non-wetland jurisdictional waters of the U.S.) according to Section 404 of the CWA. Section 401 of the CWA requires that a water quality certificate be obtained in conjuncfion with any federal permits. This certificate is processed through the RWQCB. CDFG regulates all changes to the natural flow or bed, channel, or bank of any river, stream, or lake that supports fish or wildlife, under secfions 1600-1607 of the Fish and Game Code. Riparian habitat, regardless of USACE jurisdicfion, is regulated by CDFG. Isolated waters are also protected by the state of California. 3.4.2 City of Carlsbad HMP 3.4.2.1 Functions of the HMP The HMP Is a subarea plan in affiliafion with the MHCP (SANDAG 2003). The MHCP is a comprehensive, multi-jurisdictlonal regional habitat conservation plan for northwestern San Diego County. In addifion to the City of Carisbad, participafing jurisdictions include the cifies of Oceanside, Vista, San Marcos, Escondido, Encinitas, and Solana Beach. The HMP is a comprehensive, citywide program identifying how the City of Carisbad, In cooperation with federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City of Carisbad while allowing for additional development consistent with the City of Carisbad General Plan and Growth Management Plan (City of Carisbad 2004a). The City has been issued permits and authorizafions by USFWS and CDFG for the Incidental take of sensifive species in conjuncfion with private development projects, public projects, and other activities consistent with the HMP. 3.4.2.2 HMP Preserve System The HMP preserves the diversity of natural communities and protect sensifive biological resources by establishing a preserve system. There are approximately 8,800 acres of remaining habitat in the City of Carisbad. The HMP establishes a preserve system of approximately 6,400 acres, consisting of existing hardline preserve areas (exisfing dedicated open space), proposed hardline preserve areas (proposed open space), and proposed standards areas (planned open space). The HMP also includes participafion in the conveyance of lands In the MHCP Core Area. The preserve system is Intended to provide adequate conservafion and coverage specifically for the species addressed by the HMP. Full Implementation of the HMP will result in the preservation of 65 percent of the remaining habitat in the City of Carisbad including 64 percent of the remaining coastal sage scrub habitat (City of Carisbad 2004a). RECON Page 24 Biological Technical Report for the Rancho Milagro Study Area The HMP idenfifies focused planning areas (FPAs) based on existing distribufion of vegetafion communifies and sensitive species in the City of Carisbad. The FPAs are further broken down into HMP cores, linkages, and special resource areas (SRAs). HMP cores are large blocks of habitat capable of sustaining threatened, listed, or sensifive species over time. Linkages are wildlife movement corridors that ensure connectivity to HMP cores within the City of Carisbad and to natural communifies in adjoining jurisdictions and the region, while also preserving additional habitat. SRAs are areas outside of the HMP core and linkage areas that are defined as vernal pools, significant populations of listed plant species, and movement corridors for large mammals. These areas serve as a basis for biological planning for the preserve system (City of Carisbad 2004a). The HMP also idenfifies 25 Local Facilifies Management Zones (Zone) within the City of Carisbad. The City of Carisbad Growth Management Plan requires that each Zone have a local facilities management plan that demonstrates how the goals and objectives of the HMP will be achieved for each Zone. The local facilifies management plan will ensure that viable biological open space will be comprehensively planned for each Zone, rather than having open space areas planned separately for each parcel within the Zone. If individual properties are proposed for development within a proposed standards Zone, the property owner must show how the planning standards will be met (City of Carisbad 2004a). 3.4.2.3 The Study Area within the HMP Preserve System The study area is within the southern portion of Zone 15. Zone 15 contains Core Area 5, Core Area 3, Linkage Area C, existing hardline preserve areas, proposed hardline preserve areas, and proposed standards areas. Important core and linkage habitats comprise much of Zone 15. The southern portion of Zone 15, which includes mulfiple property ownerships, is a mosaic of coastal sage scrub, non-native grassland, and chaparral. The study area occurs within a proposed standards area in the southern portion of Zone 15. This area of planned open space contains natural habitat patches and agricultural fields adjacent to and north of Agua Hedionda Creek. The HMP identifies this standards area as supporting a "mosaic of disturbed coastal sage scrub patches on rocky hills and ridges, along with a variety of wetland communities" (City of Carisbad 2004a). The natural habitat patches and agricultural fields within the study area connect with more riparian habitat, coastal sage scrub patches, and agricultural fields on adjacent properties. These natural habitat patches create a wildlife movement corridor for gnatcatchers and other wildlife species. RECON Page 25 Biological Technical Report for the Rancho Milagro Study Area The study area also includes a small portion of Core Area 5. Core Area 5 is approximately 884 acres and Is located along the eastern border of the central section of the City of Carisbad. The HMP identifies this area as supporting "crifical stands of riparian forest and southern marifime chaparral. It also supports a large upland area of chaparral, chaparral/coastal sage scrub, coastal sage scrub, southern maritime chaparral, and grassland" (City of Carisbad 2004a). The HMP also idenfifies areas in the study area and areas In the vicinity of the study area as containing "critical populations of Del Mar manzanita {Arctostaphylos glandulosa ssp. crassifolia), Nuttall's scrub oak, and summer holly {Comarostaphylis diversifolia ssp. diversifolia)" (City of Carisbad 2004a). 3.4.3 Sensitive Vegetation Communities A vegetation community Is classified as sensitive under CEQA, if an endangered, threatened, or rare species may potentially occupy the community. Other reasons for the sensitive status of these vegetafion communifies include restricted range, cumulative losses throughout the region, and a high number of endemic sensifive plant and wildlife species that occur in these vegetafion communifies. These communities are considered sensitive whether or not they have been disturbed. The following communities identified in the study area are considered sensifive by local, state, and federal regulation agencies: freshwater marsh, southern willow scrub, mule fat scrub, coast live oak woodland, sycamore/oak woodland, Diegan coastal sage scrub, and disturbed Diegan coastal sage scrub. Non-native grassland, eucalyptus woodland, and agricultural fields are considered sensitive by the City of Carisbad. 3.4.4 Sensitive Plants The locations of sensifive plants observed in the study area during the rare plant survey conducted in 2005 (RECON 2005c) are shown on Figure 5. Table 3 summarizes the sensitive plants detected and potentially occurring in the study area, with explanafions of codes shown in Table 4. The results of the tree survey conducted In 2005 are shown on Figure 5. Thirty coast live oaks were detected with a total diameter at breast height (DBH) of approximately 34 feet, and two western sycamores were detected with a total DBH of approximately 4.5 feet. As detailed eariier, the southernmost riparian area contains hundreds of coast live oak and western sycamore trees that will not be Impacted by the proposed development and thus were excluded from the tree survey. This comprises the area that was previously dedicated as open space for wetland mifigafion for the adjacent Terraces at Sunny Creek development. RECON Page 26 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) RECON study Area Sensitive Plants Sensitive Wildlife H California adolphia • Cooper's hawk H Nuttall's scrub oak B Coast live oak • Northern harrier © White-tailed kite M:\jobs2\3889-1\common_gis\fig5.mxd 03/08/10 Western sycamore © Yellow warbler Spiny rush # Yellow-breasted chat 0 Feet 250 FIGURE 5 Sensifive Species TABLE 3 SENSITIVE PLANT SPECIES OBSERVED (t) OR WITH THE POTENTIAL FOR OCCURRENCE ON THE RANCHO MILAGRO STUDY AREA Species State/ City of Federal CNP Carisbad/ Status S List North County Habitat/Blooming Period Comments Acanthomintha ilicifolia San Diego thornmint CE/FT 1B Adolphia ca///brn/cat California adolphia Aphanisma blitoides Aphanisma Arctostaphylos glandulosa ssp. crassifolia Del Mar manzanita Artemisia palmeri San Diego sagewort Astragalus deanei Dean's milk vetch Atriplex pacifica South Coast salt-scale Baccharis vanessae Encinitas baccharis -/- -/- ~/FE -/- -/- CE/FT 1B IB IB 1B 1B HMP, Chapan-al, coastal sage scrub, valley NE/MHCP and foothill grassland/ clay soils; blooms Apr.-June. Coastal sage scrub, chaparral/clay soils; blooms Dec-May. Coastal bluff scrub, coastal sage scrub/sandy soils; blooms Mar.-June. HMP, Coastal chaparral/sandy soils; blooms NE/MHCP Dec-Apr. Coastal sage scrub, chaparral, riparian scrub/sandy soils; blooms May-Sept. Coastal sage scrub, chaparral, riparian scrub; blooms Feb.-May. Coastal bluff scrub, coastal dunes, coastal sage scrub, playas; blooms Mar.-Oct. HMP, Chaparral; marifime/sandstone; N E/M HCP blooms Aug .-Nov. Not observed during surveys; not expected to occur within the clay soils in the northeastern portion of site because of agricultural operation and the disturbed and compacted nature of soils. Approximately 123 plants observed throughout the northern half of the site. Possibly extirpated in San Diego County. Not historically known from the area. Marginal habitat present; not expected to occur on-site. Moderate habitat present. Would have been apparent at the fime of the surveys; not expected to occur on- site. Moderate habitat present. Not observed but would have been apparent during surveys; not expected to occur on-site. Moderate habitat present. Not historically known from the area; not expected to occur on-site. Marginal habitat present; not expected to occur on-site. Known from fewer than 20 occurrences. No suitable habitat and soils present; not expected to occur on-site. RECON TABLE 3 SENSITIVE PLANT SPECIES OBSERVED (t) OR WITH THE POTENTIAL FOR OCCURRENCE ON THE RANCHO MILAGRO STUDY AREA (continued) Species State/ City of Federal CNP Carisbad/ Status S List North County Habitat/Blooming Period Comments Brodiaea filifolia Thread-eaved brodiaea Camissonia lewisii Lewis's evening-primrose Ceanothus verrucosus Wart-stemmed ceanothus Corethrogyne filaginifolia var. linifolia Del Mar Mesa sand aster Comarostaphylis diversifolia ssp. diversifolia Summer holly Dudleya blochmaniae ssp. blochmaniae Blochman's dudleya CE/FT 1B HMP, Coastal sage scrub, valley and foothill NE/MHCP grassland, vernal pools/clay soils; blooms Mar.-June. -/- 3 - Coastal bluff scrub, cismontane woodland, coastal dunes, coastal sage scrub, valley and foothill grassland, sandy or clay; blooms Mar.-July. -/- 2 HMP Chaparral; blooms Dec-Apr. -/- 1B HMP, Chaparral, coastal sage scrub/sandy NE/MHCP soils; blooms May-Sept. -/- 1B HMP Chaparral; blooms Apr.-June. -/- 1B HMP, Coastal sage scrub, coastal bluff NE/MHCP scrub, chaparral, grasslands; clay/serpenfine soils; blooms Apr.- June. Not observed during surveys; not expected to occur in northeastern portion of site where clay soils are known to occur because of agricultural operation, and disturbed and compacted nature of soils. Marginal habitat present; not expected to occur on-site because of agricultural operafion and disturbed and compacted nature of soils on-site. No suitable habitat present; not expected to occur on-site. Marginal habitat present. Not observed during surveys; not expected to occur on-site. Moderate habitat present. Not observed, but would have been apparent during surveys; not expected to occur on-site. Known from fewer than 20 occurrences in California and fewer than 5 in Baja California. Marginal habitat present; not expected to occur in northeastern portion of site, where clay soils are known to occur because of agricultural operafion, and disturbed and compacted nature of soils. RECON TABLE 3 SENSITIVE PLANT SPECIES OBSERVED (f) OR WITH THE POTENTIAL FOR OCCURRENCE ON THE RANCHO MILAGRO STUDY AREA (continued) Species State/ Federal CNP Status S List City of Carisbad/ North County Habitat/Blooming Period Comments Dudleya viscida Sticky-leaved llveforever -/-1B HMP/MHCP Erysimum ammophilum Coast wallflower Euphorbia misera Cliff spurge Ferocactus viridescens Coast barrel cactus Harpagonella palmeri var. palmeri Palmer's grappling hook -/- -/- -/- -/- 1B 2 2 HMP HMP Hazardia orcuttii Orcutt's hazardia -/-1B HMP, NE/MHCP Coastal sage scrub, chaparral/clay soils; blooms May-June. Chaparral, coastal dunes, coastal sage scrub/sandy soils; blooms Feb.- June. Marifime succulent scrub/rocky soils; blooms Dec-Aug. Chaparral, coastal sage scrub, valley and foothill grassland; blooms May- June. Chaparral, coastal sage scrub, valley and foothill grassland/clay soils; blooms Mar.-May. Chaparral, coastal sage scrub/ clay soils; blooms Aug.-Oct. Marginal habitat present. Not observed during surveys; not expected to occur in northeastern portion of site where clay soils are known to occur because of agricultural operation and disturbed and compacted nature of soils. Marginal habitat present; not expected to occur on-site. No suitable habitat present; not expected to occur on-site. Suitable habitat present, but would have been observed if present; not expected to occur on-site. Marginal habitat present. Not observed during surveys; not expected to occur in northeastern portion of site where clay soils are known to occur because of agricultural operation and disturbed and compacted nature of soils. Moderate habitat present. Not observed during surveys; not expected to occur in northeastern portion of site where clay soils are known to occur because of agricultural operafion and disturbed and compacted nature of soils. RECON TABLE 3 SENSITIVE PLANT SPECIES OBSERVED (t) OR WiTH THE POTENTIAL FOR OCCURRENCE ON THE RANCHO MILAGRO STUDY AREA (continued) Species State/ City of Federal CNP Carisbad/ Status S List North County Habitat/Blooming Period Comments Juncus acutus ssp. leopoldii^ Spiny rush Lycium californicum California box thorn Muilla clevelandii San Diego goldenstar -/- -/- -/- 1B HMP, NE/MHCP Quercus ofumosat Nuttall's scrub oak -/- Viguiera laciniata San Diego County viguiera -/- 1B HMP Coastal dunes (mesic), meadows (alkaline), coastal salt marsh; blooms May-June. Coastal sage scrub, coastal bluff scrub; blooms Mar.-Aug. Chaparral, coastal sage scrub, valley and foothill grassland, vernal pools/clay soils; blooms May. Coastal sage scrub, chaparral/sandy, clay loam; blooms Feb.-Apr. Chaparral, coastal sage scrub; blooms Feb.-June. Approximately 30 plants observed along the unnamed tributary in the northern portion of the site. Suitable habitat present, but would have been observed if present; not expected to occur on-site. Not observed during surveys; not expected to occur within the clay soils in the northeastern portion of site because of agricultural operation and the disturbed and compacted nature of soils. One Nuttall's scrub oak was observed within the coast live oak woodland along the south slope of Agua Hedionda Creek and one Nuttall's scrub oak was observed within the Diegan coastal sage scrub along the north slope of the unnamed tributary. Suitable habitat present, but would have been observed if present; not expected to occur on-site. NOTE: See Table 4 for explanafion of sensitivity codes. RECON TABLE 4 SENSITIVITY CODES FEDERAL CANDIDATES AND LISTED PLANTS FE = Federally listed, endangered FT = Federally listed, threatened FPE= Federally proposed endangered FPT= Federally proposed threatened STATE LISTED PLANTS CE = State listed, endangered CR = State listed, rare CT = State listed, threatened CITY OF CARLSBAD HMP = City of Carlsbad Habitat Management Plan covered species MHCP = Multiple Habitat Conservation Program target species NE = HMP narrow endemic species CALIFORNIA NATIVE PLANT SOCIETY LISTS R-E-D CODES IA = Species presumed extinct. R (Rarity) IB = Species rare, threatened, or 1 = Rare, but found in sufficient endangered in California and numbers and distributed widely elsewhere. These species are enough that the potential for eligible for state listing. extinction is low at this time. 2 = Species rare, threatened, or 2 = Occurrence confined to several endangered in California but populations or to one extended which are more common elsewhere. population. These species are eligible for state listing. 3 - Occurrence limited to one or a few highly restricted populations, 3 = Species for which more infor-or present in such small numbers mation is needed. Distribution, that it is seldom reported. endangerment, and/or taxonomic information is needed. E (Endangerment) 4 = A watch list of species of limited 1 = Not endangered distribution. These species need 2 = Endangered in a portion of its range to be monitored for changes in the 3 = Endangered throughout its range status of their populations. D (Distribution) 1 = More or less widespread outside California 2 = Rare outside California 3 = Endemic to California RECON Biological Technical Report for the Rancho Milagro Study Area 3.4.4.1 Observed Three sensifive plants were observed in the study area: California adolphia, spiny rush, and Nuttall's scrub oak. California adolphia {Adolphia californica). California adolphia is a CNPS List 2 species (CNPS 2001). This small shrub in the buckthorn family (Rhamnaceae) flowers from December to April and loses its leaves in late summer and fall, making It difficult to find. Its spiny stems are identifiable at close range year-round, however. This species generally occurs in Diegan coastal sage scrub, near the edge of chaparral, particulariy in dry canyons or washes. It is associated with San Miguel and Friant soils (Reiser 2001). Its range is limited to San Diego County and northern Baja California, Mexico at elevafions below 1,000 feet. In San Diego County, it is found from the Carisbad area south into the Proctor Valley and the Otay area (Beauchamp 1986). A total of approximately 123 California adolphia plants occur in the northern half of the study area (see Figure 5). A patch of approximately six plants occurs within disturbed coastal sage scrub and disturbed land adjacent to the unnamed tributary along the northern boundary of the study area. Five patches of approximately five, 15, 30, 40, and 15 plants occur within coastal sage scrub along the eastern boundary ofthe study area. Two patches of approximately three and five plants occur within disturbed coastal sage scrub and coastal sage scrub along the western boundary ofthe study area. Spiny rush (Juncus acutus ssp. leopoldii). Spiny rush is a CNPS List 4 species (CNPS 2001). This perennial herb in the rush family (Juncaceae) has basal leaves and stout stems that form large tufts up to five feet tall, blooming in May and June (Munz 1974). Spiny rush grows in coastal salt marshes and dunes from San Luis Obispo County south to Baja California, Mexico, and in meadows and alkaline seeps in Imperial County and Arizona (CNPS 2001). It may also grow along riparian drainages, in palm oases, or "[wjherever water can pond along substantial seasonal drainages" (Reiser 2001). A total of approximately 30 spiny rush plants occurs in three patches in the freshwater marsh and southern willow scrub adjacent to the unnamed tributary along the northern boundary ofthe study area (see Figure 5). Nuttall's scrub oak {Quercus dumosa). Nuttall's scrub oak is a CNPS List IB species (CNPS 2001) and is an HMP covered species (City of Carisbad 2004a). This evergreen shrub in the oak family (Fagaceae) grows less than ten feet tall and blooms from February to April. This species Is found near the coast in Santa Barbara, Orange and San Diego Counties and in Baja California, Mexico at elevations below 1,300 feet. It grows In chaparral, coastal sage scrub, and closed-cone coniferous forest habitats (CNPS 2001), preferring coastal chaparral with a relatively open canopy in flat areas, RECON Page 33 Biological Technical Report for the Rancho Milagro Study Area but growing in dense stands on north-facing slopes (Reiser 2001). In San Diego County it is known to grow as far Inland as Camp Elliot and Otay Mesa (Reiser 2001), being replaced by the similar scrub oak (Q. berberidifolia) in higher, drier locations (Hickman 1993). One Nuttall's scrub oak was observed within the coast live oak woodland along the south slope of Agua Hedionda Creek and one Nuttall's scrub oak was observed within the Diegan coastal sage scrub along the north slope of the unnamed tributary (see Figure 5). 3.4.4.2 Not Observed Several other sensifive species were not observed but are known to occur in the vicinity of the study area, and/or within the vegetafion communifies and soil-types idenfified on- site. Therefore, these plant species were considered as potentially occurring in the study area prior to the rare plant survey. Table 3 summarizes the status and habitats for each of these potentially occurring species, with codes explained in Table 4. Upon completion of the rare plant survey, no other sensitive plant species were observed on-site or are expected to occur on-site with the exception the three sensitive plants previously mentioned. Many ofthe potentially occurring sensitive plants searched for during the survey are not expected to occur on-site due to lack of appropriate substrates and habitat, the presence of disturbed or compacted soils, and an abundance of non-nafive weedy vegetafion throughout the site. In addition, several of the potentially occurring sensitive plants, such as shrubs or large cactus, would have been easily observed In the study area during the sensifive plant survey and are considered to be not present. The following paragraphs describe three federally and state listed sensitive plant species that were considered to have potential to occur in the study area. San Diego thornmint {Acanthomintlia ilicifolia). San Diego thornmint is federally threatened, state-listed as endangered, a CNPS List IB species (CNPS 2001), and an HMP covered species (City of Carisbad 2004a). San Diego thornmint is an annual species restricted in distribufion to San Diego County and Baja California, Mexico, where it occurs on friable clay soils on mesas and slopes, often associated with coastal sage scrub habitat. In San Diego County, it is known from Encinitas south to Otay Lakes (Beauchamp 1986). San Diego thornmint was not observed during the general biology surveys or focused rare plant survey. Moderately suitable habitat and soils occur in the northeastern portion of the study area; however, this species is not expected to occur in this portion of the study area because of the disturbed and compact nature of soils and the presence of an extensive agricultural operation. RECON Page 34 Biological Technical Report for the Rancho Milagro Study Area Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia). Del Mar manzanita is listed as endangered by USFWS and is a CNPS List IB species (CNPS 2001) and HMP covered species (City of Carisbad 2004a). This evergreen shrub in the heath family (Ericaceae) blooms from December through April. It can be distinguished from the common Eastwood manzanita {A. glandulosa ssp. glandulosa) by its shorter stature (to four feet) and by leaf and bract characters. Its range is limited to southern San Diego County and northern Baja California, Mexico. In San Diego County it is found coastally In Carisbad and Torrey Pines State Park, and inland to Rancho Santa Fe, Del Mar Mesa, and near Lake Hodges (USFWS 1996). Along the coast it occurs in open, low-growing southern maritime chaparral vegetation; farther inland it grows In denser mixed chaparral. It appears to be restricted to exposed sandstone soils, including terrace escarpments and loamy alluvial land soil types (Reiser 2001). Del Mar manzanita was not observed during the general biology surveys or focused rare plant survey. The species has a moderate potenfial to occur In the Diegan coastal sage scrub throughout the study area. The species was not observed but would have been apparent at the time of the surveys; therefore, the species is not expected to occur within the study area. Thread-leaved brodiaea (Brodiaea filifolia). Thread-leaved brodiaea is federally threatened (USFWS 1998), state-listed as endangered, a CNPS List IB species (CNPS 2001), and an HMP covered species (City of Carisbad 2004a). This perennial bulbiferous herb in the Illy family (Liliaceae) has several linear leaves that may reach 16 Inches in height; its leafless flowering stalk bears blue to red-purple flowers in May and June. This plant may occur in coastal sage scrub, chaparral, cismontane woodland (CNPS 2001), alkali scrub, and floodplains, and on loamy sand or alkaline-silty clay loam soils (USFWS 1998). It is most commonly found, however, in heavy clay soils in nafive grasslands or in associafion with vernal pools (USFWS 1998). Its range extends from the foothills of the San Gabriel and San Bernardino Mountains, through Orange County and western Riverside County, to Carisbad in northwestern San Diego County. Neariy half of known existing populations are clustered around the cifies of Vista, San Marcos, and Carisbad. Thread-leaved brodiaea is restricted to clay, loamy sand, or alkaline silty clay soils, and is typically found on genfie hillsides, in valleys, or in floodplains (USFWS 1998). Thread-leaved brodiaea can be difficult to disfinguish from other bulbs when in a vegetafive state and should be surveyed during its flowering season. Thread-leaved brodiaea was not observed during the general biology surveys or focused rare plant survey. Marginally suitable habitat and soils occur in the northeastern portion of the study area; however, this species is not expected to occur in this portion of the study area because of the disturbed and compact nature of soils and the presence of an extensive agricultural operation. RECON Page 35 Biological Technical Report for the Rancho Milagro Study Area 3.4.5 Sensitive Wildlife Table 5 lists the sensifive species observed in the study area and those that could potenfially occur in the study area based on the ranges and habitat requirements of these species and includes the likelihood of occurrence for these species. 3.4.5.1 Observed Five sensitive bird species. Cooper's hawk, northern harrier, white-tailed kite, yellow warbler, and yellow-breasted chat were observed in the study area (see Figure 5). Cooper's hawk (Accipiter cooperii). The Cooper's hawk is a CDFG-species of special concern (State of California 2008b) and is considered sensitive under the MHCP and HMP (SANDAG 2003 and City of Carisbad 2004a). The Cooper's hawk is a medium- sized raptor that ranges throughout most of the United States. Its wintering range extends south to Central America, and its breeding range extends north to southern Canada. It is a common breeder in natural and urban areas in San Diego County (Unitt 2004). This hawk mainly breeds in oak and willow riparian woodlands, but will also use eucalyptus trees (Unitt 2004). This hawk forages primarily on songbirds, but is also known to eat small mammals. The decline of this species had been caused by urbanizafion and loss of habitat. However, during the last 20 years, the Cooper's hawk has apparently adapted to city living (Unitt 2004). One Cooper's hawk was observed foraging over the coastal sage scrub and non-nafive grasslands along the northern boundary of the study area (see Figure 5). This species has a moderate to high potenfial to nest in the sycamore/oak woodland along Agua Hedionda Creek in the southern portion of the study area. Northern harrier (Circus cyaneus hudsonius). The northern harrier is a CDFG- species of special concern (State of California 2008b), is considered sensifive under the MHCP (SANDAG 2003), and their nesfing sites are considered sensifive by CDFG (CDFG 1991). Northern harriers winter throughout most of North America from southern Canada to Central America and the Caribbean Islands (MacWhirter and Bildstein 1996). Their breeding range extends from Canada and Alaska to the northwestern United States, with some year-round residents in coastal California and northern Baja California, Mexico. In San Diego County, the northern harrier is present year round, but is more common as a migrant in the winter than as a summer breeder (Unitt 2004). The northern harrier most commonly nests on the ground at the edge of marshes but will also nest on grasslands, in fields, or in areas of sparse shrubs (MacWhirter and Bildstein 1996). The northern harrier hovers close to the ground while foraging in grasslands, agricultural fields, and coastal marshes. Their diet consists of small- and medium-sized rodents, birds, reptiles, and frogs. The range of this species has been reduced due to urbanization and agricultural development. RECON Page 36 TABLE 5 SENSITIVE WILDLIFE SPECIES KNOWN (OR POTENTIALLY OCCURRING) ON THE RANCHO MILAGRO STUDY AREA Species Status Habitat Comments Invertebrates (Nomenclature from Matton11990 and OpIer and Wright 1999) Quino checkerspot butterfly Euphydryas editha quino Hermes copper Lycaena hermes FE, Open, dry areas in foothills, mesas, lake MHCP margins. Lan/al host plant Plantago erects. Adult emergence mid-January through April. NE, Chaparral and coastal sage scrub where host MHCP, * plant Rhamnus crocea occurs. Adult emergence late May to July. No suitable habitat present. No larval host plants detected on-site. Site is not within recommended survey area (USFWS 2002). Not expected to occur on- site. No larval host plants detected on-site. Not expected to occur on-site. Amphibians (Nomenclature from Crother 2001 and Crother et al. 2003) CSC Under rocks, in or under logs, in rodent burrows. In or near streams, ponds, and reservoirs. Coast range newt Tarlcha torosa torosa Arroyo toad Bufo californicus Western spadefoot Spea hammondii FE, CSC, Open streamside sand/gravel flats. Quiet, MHCP shallow pools along stream edges are breeding habitat. Nocturnal except during breeding season (March-July). CSC, Vernal pools, floodplains, and alkali flats MHCP within areas of open vegetation. Marginal habitat present. Low potential to occur on-site. Marginal habitat present. Due to the rarity of the species and the lack of historical records along Agua Hedionda Creek, the species is not expected to occur on-site. No suitable habitat present. Not expected to occur on- site. Reptiles (Nomenclature from Crother 2001 and Crother et al. 2003) Southwestern pond turtle Clemmys marmorata pallida Coronado skink Eumeces sklltonlanus interparletalis San Diego horned lizard Phrynosoma coronatum blainvlllii CSC, MHCP CSC CSC, MHCP, Ponds, small lakes, marshes, slow-moving, sometimes brackish water. Grasslands, open woodlands and forest, broken chaparral. Rocky habitats near streams. Chaparral, coastal sage scrub with fine, loose soil. Partially dependent on harvester ants for forage. Marginal habitat present along Agua Hedionda Creek; low potential to occur on-site. Moderate habitat present; low potential to occur on-site. Marginally suitable habitat present; low potential to occur. RECON TABLE 5 SENSITIVE WILDLIFE SPECIES KNOWN (OR POTENTIALLY OCCURRING) ON THE RANCHO MILAGRO STUDY AREA (continued) Species Status Habitat Comments Belding's orange-throated whiptail Cnemidophorus hyperythrus beldingi Silvery legless lizard Anniella putchra pulchra Coast patch-nosed snake Salvadora hexalepis virgultea Red diamond rattlesnake Crotalus ruber CSC, MHCP, HMP CSC CSC CSC Chaparral, coastal sage scrub with coarse sandy soils and scattered brush. Herbaceous layers with loose soil In coastal scrub, chaparral, and open riparian habitats. Prefers dunes and sandy washes near moist soil. Grasslands, chaparral, sagebrush, desert scrub. Found in sandy and rocky areas. Desert scrub and riparian habitats, coastal sage scrub, open chaparral, grassland, and agricultural fields. Birds (Nomenclature from American Ornithologists' Union 1998 and Unitt 1984) CFP,* White-tailed kite (nesting) Elanus leucurus Northem harrier (nesting) Circus cyaneus Cooper's hawk (nesting) Accipiter cooperii Ferruginous hawk (wintering) Sufeo regalis Golden eagle (nesting and wintering) Aquila chrysaetos Merlin Falco columbarius Nest in riparian woodland, oaks, sycamores. Forage in open, grassy areas. Year-round resident. CSC, Coastal lowland, marshes, grassland, MHCP agricultural fields. Migrant and winter resident, rare summer resident. CSC, Mature forest, open woodlands, wood edges, MHCP, river groves. Parks and residential areas. HMP Migrant and winter visitor. CSC Require large foraging areas. Grasslands, agricultural fields. Uncommon winter resident. CSC, Require vast foraging areas in grassland, CFP, broken chaparral, or sage scrub. Nest in cliffs BEPA, and boulders. Uncommon resident. MHCP CSC Rare winter visitor. Grasslands, agricultural fields, occasionally mud fiats. Moderately suitable habitat present; moderate potential to occur on-site. Moderately suitable habitat present; moderate potential to occur on-site. Marginally suitable habitat present; low potential to occur on-site. Moderately suitable habitat present; low potential to occur on-site. Observed foraging over site. Known to nest adjacent to study area. High potential to nest on-site along Agua Hedionda Creek. Observed foraging over site. Marginal nesting habitat present due to active use of agricultural fields; low potential to nest on-site. Obsen/ed foraging over site. Moderate to high potential to nest along Agua Hedionda Creek. Foraging habitat present; low potential to occur on-site in winter. Moderately suitable foraging habitat present; low potential to occur on-site. Moderately suitable habitat present; not expected to occur on-site due to rarity of species in San Diego County. RECON TABLE 5 SENSITIVE WILDLIFE SPECIES KNOWN (OR POTENTIALLY OCCURRING) ON THE RANCHO MILAGRO STUDY AREA (continued) Species Status Habitat Comments Western yellow-billed cuckoo (breeding) Coccyzus americanus occidentalis Western burrowing owl (burrow sites) Speotyto cunlcularia hypugaea Southwestern willow flycatcher Empidonax traillii extimus California horned lark Eremophila alpestris actia Coastal California gnatcatcher Polioptila californica californica Loggerhead shrike Lanius ludovicianus Least Bell's vireo (nesting) Vireo bellii pusillus Yellow warbler (nesting) Dendroica petechia brewsteri Yellow-breasted chat (nesting) Icteria virens Southern California rufous-crowned span^ow Aimophila ruficeps canescens SE CSC, MHCP, HMP SE, FE, MHCP, HMP CSC FT, CSC, MHCP, HMP CSC SE, FE, MHCP, HMP CSC CSC, MHCP CSC, MHCP Large riparian woodlands. Summer resident. Very localized breeding. Grassland, agricultural land, coastal dunes. Require rodent burrows. Declining resident. Nesting restricted to willow thickets. Also occupies other woodlands. Rare spring and fall migrant, rare summer resident. Extremely localized breeding. Sandy shores, mesas, disturbed areas, grasslands, agricultural lands, sparse creosote bush scrub. Coastal sage scrub, maritime succulent scrub. Resident. Open foraging areas near scattered bushes and low trees. Willow riparian woodlands. Summer resident. Breeding restricted to riparian woodland. Spring and fall migrant, localized summer resident, rare winter visitor. Dense riparian woodland. Localized summer resident. Coastal sage scrub, chapan'al. Resident. Sensitive to habitat fragmentation. Moderately suitable habitat present. Not expected to occur on-site due to the rarity of the species and lack of historical records in the area. Suitable habitat present. No suitable burrows observed on-site. Low potential to occur on-site. Marginally suitable habitat present; not detected on-site or on adjacent properties during focused surveys (RECON 2003a and 2005c); low potential to breed on- site along Agua Hedionda Creek. Suitable habitat present; moderate potential to occur on-site. Moderately suitable habitat present. Not detected on- site or on adjacent properties during focused sun/eys (RECON 2003a and 2005c); low to moderate potential to occur on-site. Suitable habitat present; moderate potential to occur on-site. Suitable habitat present. Not detected on-site or on adjacent properties during focused surveys (RECON 2003a and 2005c); moderate potential to nest on-site along Agua Hedionda Creek and the unnamed tributary of Agua Hedionda Creek. Observed on-site. Observed on-site. Moderately suitable habitat present in fragmented patches; low potential to occur on-site due to habitat fragmentation. RECON TABLE 5 SENSITIVE WILDLIFE SPECIES KNOWN (OR POTENTIALLY OCCURRING) ON THE RANCHO MILAGRO STUDY AREA (continued) Species Status Habitat Comments Bell's sage sparrow Amphispiza belli belli Tricolored blackbird Agelaius tricolor CSC, Chaparral, coastal sage scrub. Localized MHCP resident. CSC, Freshwater marshes, agricultural areas, MHCP lakeshores, parks. Localized resident. Moderately suitable habitat present; low to moderate potential to occur on-site. Moderately suitable habitat present; low to moderate potential to occur on-site. Mammals (Nomenclature from Jones et al. 1997 and Hali 1981) Spotted bat CSC Euderma maculatum Pale big-eared bat CSC Corynorhinus townsendii pallescens Townsend's western big-eared bat CSC, Corynorhinus townsendii townsendii MHCP San Diego black-tailed jackrabbit CSC, Lepus californicus bennettii MHCP Pacific little pocket mouse FE, CSC, Perognathus longlmembris paclficus MHCP Northwestern San Diego pocket mouse CSC, Chaetodipus fallax fallax MHCP San Diego desert woodrat CSC Neotoma leplda intermedia Southern mule deer MHCP Odocoileus hemionus fuliginata Wide variety of habitats. Caves, crevices, trees. Audible echolocafion signal. Caves, mines, buildings. Found in a variety of habitats, arid and mesic. Individual or colonial. Extremely sensitive to disturbance. Caves, mines, buildings. Found in a variety of habitats, arid and mesic. Individual or colonial. Extremely sensitive to disturbance. Open areas of scrub, grasslands, agricultural fields. Open coastal sage scrub; fine, alluvial sands near ocean. San Diego County west of mountains in sparse, disturbed coastal sage scrub or grasslands with sandy soils. Coastal sage scrub and chapan'al. Many habitats. Marginally suitable roosting habitat present; low potential to occur on-site. Marginally suitable roosting habitat present; not expected to occur on-site. Marginally suitable roosting habitat present; not expected to occur on-site. Moderately suitable habitat present; moderate to high potential to occur on-site. No suitable soils, limited range; not expected to occur on-site. Moderately suitable habitat present; moderate to high potential to occur on-site. Moderately suitable habitat present; moderate to high potential to occur on-site. Tracks obsen/ed on-site along Agua Hedionda Creek. High potential to occur throughout the site. RECON TABLE 5 SENSITIVE WILDLIFE SPECIES KNOWN (OR POTENTIALLY OCCURRING) ON THE RANCHO MILAGRO STUDY AREA (continued) STATUS CODES Listed/Proposed FE = Listed as endangered by the federal government FT = Listed as threatened by the federal government SE = Listed as endangered by the state of California Other BEPA = Bald and Golden Eagle Protection Act CFP = California fully protected species CSC = California Department of Fish and Game species of special concern HMP = City of Carlsbad Habitat Management Plan (HMP) covered species NE = City of Carlsbad HMP narrow endemic species MHCP = Multiple Habitat Conservation Program target species list * = Taxa listed with an asterisk fall into one or more of the following categories: Taxa considered endangered or rare under Section 15380(d) of CEQA guidelines • Taxa that are biologically rare, very restricted in distribution, or declining throughout their range Population(s) in California that may be peripheral to the major portion of a taxon's range, but which are threatened with extirpation within California • Taxa closely associated with a habitat that is declining in California at an alarming rate (e.g., wetlands, riparian, old growth forests, desert aquatic systems, native grasslands) RECON Biological Technical Report for the Rancho Milagro Study Area One northern harrier was observed foraging over the agricultural fields in the northern half of the study area (see Figure 5). This species has a low potenfial to nest in the study area due to lack of suitable grassland habitat. In addifion, the agricultural fields are acfively disced and culfivated annually. However, there is suitable foraging habitat in the study area. White-tailed kite (Elanus leucurus). The white-tailed kite is a California fully protected species (State of California 2008b). This raptor occurs in coastal lowland areas from Oregon to northern Baja California, Mexico (Nafional Geographic Society 1983). Nesfing sites of white-tailed kites are considered sensifive. This resident bird nests in riparian woodlands, oaks, or sycamore groves that border grasslands (Unitt 2004). The white- tailed kite forages over open areas and grasslands feeding primarily on small rodents and insects (Nafional Geographic Society 1983). This species is known to roost in large communal groups (Unitt 2004). White-tailed kite populafions in southern California have declined due to the loss of nesfing and foraging habitat. Two white-tailed kites were detected within the southern willow scrub along the unnamed drainage in the northeastern portion of the study area and along Agua Hedionda Creek in the southwestern portion of the study area (see Figure 5). This species has a high potenfial to nest in the sycamore/oak woodland along Agua Hedionda Creek in the southern portion of the study area as it is known to nest In adjacent areas. Yellow warbler (Dendroica petechia). The yellow warbler is a CDFG-species of special concern (State of California 2008b). Yellow warblers breed from Alaska south to Peru, including most of the confinental United States and Canada, and winter in Central and South America. In California, yellow warblers are an obligate riparian species, nesfing and foraging almost exclusively in riparian habitats (Harmsworth Associates 1999). Nesting occurs from late May through eariy August and nests are typically three to five feet from the ground (Lowther et al. 1999). Yellow warblers primarily consume insects and other arthropods and occasional wild fruits. This species is declining due to the loss of riparian habitat and as a result of nest parasifism by brown-headed cowbirds {Molothrus ater). Approximately seven yellow warblers were detected within the southern willow scrub and sycamore/oak woodland along Agua Hedionda Creek in the southern portion of the study area and the southern willow scrub along the unnamed drainage in the northern portion of the study area (see Figure 5). This species has a high potenfial to nest in the southern willow scrub within Agua Hedionda Creek and within the unnamed tributary to Agua Hedionda Creek in the northern portion ofthe study area. Yellow-breasted chat (Icteria virens). The yellow-breasted chat is a CDFG-species of special concern (State of California 2008b) and a MHCP and HMP covered species (SANDAG 2003 and City of Carisbad 2004a). The breeding range of the yellow-breasted RECON Page 42 m :::::i::Caimp::i:;:|j^ Pendteton >^ ::::::::::::::: '^^p ::::::::::::La«r Bonsall Paum. Oceans) insjd^ iJ N!N( Oi^ PORATED Xyalleyj^enter I Buena Vista Lagoon Loveland Reservoir Agua eaic %foin^^Car\sbad V BatiquitosK Lagoon •Lake^; fHodge.'^ UlSWMCORPORATED Jeatlii f ^ Rancho Penasquitos. Pacific Ocean • Carmel ey San Diego Mirai ResBiVoir Project location 0 Miles 4 RECON FIGURE 1 Regional Locafion M:\jobs2\3889-1\common_gis\fig1 .mxd 03/09/10 Biological Technical Report for the Rancho Milagro Study Area chat extends from southern California south to central Mexico (Eckerie and Thompson 2001). Yellow-breasted chats arrive in California to breed during April or May. Breeding occurs in dense brush or scrub, usually along streams or marshy areas with dense riparian woodlands. Their diet consists mainly of insects and berries (Eckerie and Thompson 2001). Destrucfion of riparian woodlands by development and other human activities has caused populafion declines and it is possible that brown-headed cowbird parasitism may also have contributed to the decline ofthe species. Two yellow-breasted chats were detected within the southern willow scrub along the unnamed drainage in the northeastern portion of the study area and within the coast live oak woodland adjacent to the sycamore/oak woodland in the southern portion of the study area (see Figure 5). This species has a high potential to nest in the southern willow scrub and sycamore/oak woodland within Agua Hedionda Creek and within the unnamed tributary to Agua Hedionda Creek in the northern portion ofthe study area. 3.4.5.2 Not Observed Several other sensitive animals are either known to occur in the vicinity or have a potenfial to be present In the study area. Of those potentially present, five are state and/or federally listed species: arroyo toad {Bufo californicus), least Bell's vireo, southwestern willow flycatcher, coastal California gnatcatcher, and western yellow-billed cuckoo {Coccyzus americanus californicus). These species are discussed in more detail in the following paragraphs. Arroyo toad (Bufo californicus). The arroyo toad is federally listed as endangered (State of California 2008c), Is a CDFG species of special concern (State of California 2008b), and is considered sensitive under the MHCP (SANDAG 2003). The arroyo toad ranges along the coast from San Luis Obispo County south into northwestern Baja California, Mexico, and from six drainages in the desert (Jennings and Hayes 1994). The arroyo toad is currently known from 23 drainages in San Diego County. It inhabits sandy banks of washes, streams, and arroyos with low currents and large deciduous trees. Arroyo toads breed in pools, with the majority of the pool greater than one foot deep with a substrate of sand, gravel, or pebbles, lacking vegetafion. Subadults and adults can range into surrounding uplands as much as 0.5 mile to 1.2 miles away from the stream (USFWS 1999). Arroyo toads are nocturnal and breed from March to June, depending on local climate. The main threats to arroyo toad are degradation and loss of riparian habitat and predation by bullfrogs (Rana catesbeiana). The study area contains marginal habitat for the arroyo toad. Historical records indicate the nearest known population of arroyo toad is along the San Luis Rey River approximately 10 miles northwest of the study area (State of California 2008e). There are no historical records of arroyo toad occurrences along Agua Hedionda Creek. Therefore, due to the rarity of the species, the lack of historical records in the area, and RECON Page 43 Biological Technical Report for the Rancho Milagro Study Area marginal habitat within the study area, the species Is not expected to occur in the study area. Focused surveys are not recommended. Least Bell's vireo (Vireo bellii pusillus). Least Bell's vireo is a state and federally listed endangered species (State of California 2008c), and is considered a covered species under the MHCP and HMP (SANDAG 2003 and City of Carisbad 2004a). Least Bell's vireo is a small, migratory songbird. Least Bell's vireo winters in Baja California, Mexico, arriving in California from mid-March to April and departing for Baja California in early September (Garrett and Dunn 1981; Franzreb 1989). These birds breed in dense riparian habitats with canopies of willows and an understory comprised of mule fat, wild rose, and other riparian species (Franzreb 1989). The population of least Bell's vireo has been on a steady increase since being listed as endangered. The population has risen from only 300 pairs in the mid-1980s to over 1,500 in San Diego County today. The southern willow scrub along Agua Hedionda Creek in the southern portion of the study area and along the drainage in the northern portion of the study area provides suitable nesting habitat for the least Bell's vireo. In addition, least Bell's vireo was observed on a nearby property (RECON 2003a). However, least Bell's vireo was not detected on-site or immediately adjacent to the site during the focused protocol surveys conducted between April 15 and July 12, 2005 (RECON 2005a). Southwestern willow flycatcher (Empidonax traillii extimus). The southwestern willow flycatcher is federally and state listed as endangered (State of California 2008c), and is considered a covered species by the MHCP and HMP (SANDAG 2003 and City of Carisbad 2004a). This migratory bird breeds in southern California, Arizona, New Mexico, extreme southern portions of Nevada and Utah, far western Texas, and extreme northwestern Baja California, Mexico (USFWS 1995). The southwestern willow flycatcher is present in San Diego County in late spring and summer where it is known to breed In only a few locations (Unitt 2004). The only stable breeding populations in San Diego County are found in the Santa Margarita River, Camp Pendleton, and the San Luis Rey River (San Diego Natural History Museum 1995). This flycatcher requires mature willow thickets in riparian woodland habitat for breeding and nesting acfivities. Loss of such habitat as a result of urbanization, grazing, agriculture, channelization and mining of streams, and nest parasitism by the brown-headed cowbird {Malothrus ater) have all contributed to the severe decline of this species (USFWS 1993). In San Diego County, portions of the Santa Margarita, San Luis Rey, San Dieguito, San Diego, and Tijuana Rivers have been designated as crifical habitat for the southwestern willow flycatcher (USFWS 1997a). The nearest known populafion of nesting southwestern willow flycatcher is on the Santa Margarita River in Camp Pendleton. The southern willow scrub along Agua Hedionda Creek in the southern portion of the study area provides low to moderate nesfing habitat for the southwestern willow flycatcher. However, southwestern willow flycatcher was not RECON Page 44 Biological Technical Report for the Rancho Milagro Study Area detected on-site or immediately adjacent to the site during the focused protocol surveys conducted between May 19 and July 12, 2005 (RECON 2005a). Coastal California gnatcatcher (Polioptila californica californica). The coastal California gnatcatcher is federally listed as threatened (State of California 2008c), a state species of special concern (State of California 2008b), and is a covered species by MHCP and HMP (SANDAG 2003 and City of Carisbad 2004a). This bird species is a resident species restricted to the coastal slopes of southern California, from Ventura County southward through Los Angeles County, Orange, Riverside, and San Dlego counfies Into Baja California, Mexico. The coastal California gnatcatcher typically occurs In coastal sage scrub, although this bird also uses chaparral, grassland, and riparian woodland habitats where they occur adjacent to coastal sage scrub. Populafions of this species have declined as a result of suburban and agricultural development (Unitt 2004). The coastal sage scrub and disturbed coastal sage in the study area provide moderately suitable nesting habitat for the coastal California gnatcatcher. In addition, coastal California gnatcatchers were observed in the coastal sage scrub on adjacent properties (RECON 2003a and 2003b). However, coastal California gnatcatcher was not detected on-site or immediately adjacent to the site during the focused protocol surveys conducted between May 9 and June 3, 2005 (RECON 2005a). Western yellow-billed cuckoo (Coccyzus americanus californicus). The western yellow-billed cuckoo is petitioned for listing as federally endangered, and state listed as endangered (State of California 2008c). This subspecies of the yellow-billed cuckoo Is believed to have been once widespread and locally common in California and Arizona. Western yellow-billed cuckoos prefer desert riparian woodlands comprised of cottonwoods and dense mesquite. Upland oak, pinyon, and juniper woodlands may be used prior to moving into riparian woodlands to breed (Hughes 1999). The western yellow-billed cuckoo arrives in May, breeds throughout June and July, and nests in willow or mesquite thickets. Its diet consists primarily of hairy caterpillars, bird eggs, frogs, lizards, ants, beetles, wasps, flies, berries, and fruits (Hughes 1999). The primary threat to this species is the continued loss, degradafion, and fragmentation of mature cottonwood-willow riparian habitats. Historical records indicate the nearest known populafion of nesfing western yellow-billed cuckoo was on the Sweetwater River approximately 23 miles northeast of the study area (State of California 2008e). The sycamore/oak woodland and southern willow scrub in the study area are moderately suitable for breeding by the western yellow-billed cuckoo. However, due to the rarity of the species and the lack of historical records in the area, the species is not expected to occur in the study area. Therefore, focused surveys are not recommended. RECON Page 45 Biological Technical Report for the Rancho Milagro Study Area 3.4.6 Jurisdictional Areas All wefiand areas are considered sensitive, as are wetland buffer areas. Wetlands are under the jurisdicfion of the USACE and CDFG. Areas of wetland vegetation, soils, or hydrology that were created by human activities in historically non-wefiand areas are not considered wefiands under the City's definifion of wetlands. Approximately 2.85 acres of USACE jurisdictional areas and 12.28 acres of CDFG jurisdicfional areas occur in the study area, which includes jurisdicfional areas within the wefiand mifigafion area dedicated in the southern portion of the site for impacts from the Terraces at Sunny Creek development. These jurisdictional areas are illustrated in Figure 6 and presented in Table 6. For more detail concerning these jurisdictional areas, refer to the Revised Wetland Delineation Report for the Rancho Milagro Site (RECON 2009). USACE and CDFG will need to verify this wefiand delineafion during the review process to make a final jurisdictional determinafion with respect to Section 404 of the Clean Water Act and Secfion 1600-1607 ofthe Fish and Game Code. 3.4.6.1 USACE Jurisdiction Wetland habitats fall under the jurisdicfion of USACE when they meet the following three criteria: (1) the presence of hydrophytic vegetation; (2) the presence of hydric soils; and (3) the presence of wefiand hydrology. Atypical wefiand areas (disturbed wefiands) and problem area wetlands (e.g., seasonal wefiands) may lack one or more of the three criteria but could still be considered wetlands if background information on the previous condition of the area and field observations indicate that the missing wetland criteria were present before the disturbance and would occur at the study area under normal circumstances. Drainages, or portions thereof, that lack hydrophytic vegetafion or hydric soils, but have distinct evidence of seasonal flows are also under USACE jurisdiction as non-wetland jurisdictional waters. A total of 1.13 acres of USACE jurisdicfional areas (1.06 acres of USACE wefiand and 0.07 acre of USACE non-wetland waters of the U.S.) occurs within the proposed project area, and 1.72 acres (0.13 of wefiand and 1.59 acres of non-wetland waters of the U.S.) is present within the wetland mitigation area dedicated for impacts from the Terraces at Sunny Creek development. USACE wefiands occur within Agua Hedionda Creek in the southern portion ofthe study area and the unnamed tributary of Agua Hedionda Creek in the northern portion of the study area. USACE wefiands occur within the following vegetation communities; freshwater marsh, southern willow scrub, and mule fat scrub. USACE non-wetland waters ofthe U.S. occur within Agua Hedionda Creek where there is frequent scouring due to rapid water flow and within the drainages leading into the unnamed tributary in the northern portion of the study area. USACE non-wetland waters of the U.S. occur within the following vegetation communities: southern willow scrub, disturbed lands, and disturbed and undisturbed coastal sage scrub. Most of the USACE RECON Page 46 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) 0 Feet 250 Study Area © Culvert\Pipe RECON CDFG Riparian/Wefiand USACE Non-wefiand Water VTA USACE Wetland Isolated drainage FIGURE 6 Jurisdictional Areas M:\jobs2\3889-1\common_gis\fig6.mxd 02/23/10 TABLE 6 JURISDICTIONAL AREAS ON THE RANCHO MILAGRO STUDY AREA (acres) Jurisdictional Area Rancho Milagro Mitigafion Area* Off-site Parcels Total USACE Jurisdiction Wetland Non-wetland Jurisdictional Waters 1.06 0.07 0.13 1.59 -1.19 1.66 TOTAL USACE 1.13 1.72 -2.85 CDFG Jurisdictiont Ripariant Streambed Terraces at Sunny Creek Mitigafion Site* 1.20 0.07 11.01 ~ I. 20 0.07 II. 01 TOTAL CDFG 1.27 11.01 12.28 Isolated Drainagej: 0.06 0.47 ~ 0.53 *A portion of this area was dedicated as open space for the purpose of wetland mitigation associated with mitigation for impacts to another off-site project: Terraces at Sunny Creek. fAcreage overlaps and includes USACE jurisdictional acreage. JThls drainage has been delineated and does not appear to fall under the jurisdiction of either USACE or CDFG. This will need to be verified by these agencies during the permitting process. Biological Technical Report for the Rancho Milagro Study Area wefiands and USACE non-wetland waters ofthe U.S identified have a connection off-site and eventually connect to the Pacific Ocean. Two isolated drainages with no discernible connection off-site were delineated and determined to not meet the criteria for USACE jurisdiction. 3.4.6.2 CDFG Jurisdiction Under secfions 1600-1607 of the Fish and Game Code (CDFG 1991), the California Department of Fish and Game regulates acfivifies that would divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake that supports fish or wildlife. CDFG has jurisdicfion over riparian habitats (e.g., southern willow scrub) associated with watercourses. CDFG jurisdictional areas are delineated by the outer edge of riparian vegetation or at the top of the bank of streams or lakes, whichever is wider. A total of 1.27 acres of CDFG jurisdictional areas (1.20 acres of CDFG riparian areas and 0.07 acre of CDFG streambed) occurs within the proposed project area and 11.01 acres of CDFG riparian area occurs within the wetland mitigation area dedicated for impacts Terraces at Sunny Creek development. CDFG riparian areas occur within and adjacent to Agua Hedionda Creek in the southern portion of the study area and within and adjacent to the unnamed tributary of Agua Hedionda Creek in the northern portion of the study area. CDFG riparian areas occur within the following vegetation communities: freshwater marsh, southern willow scrub, sycamore/oak woodland, and mule fat scrub. CDFG streambeds occur within the drainages leading into the unnamed tributary in the northern portion of the study area and within an isolated drainage along the eastern boundary of the study area. The CDFG streambed along the eastern boundary of the study area does not connect to any waters of the U.S. and therefore cannot be classified as a USACE non-wetland water of the U.S. CDFG streambeds occur within the following vegetation communities: southern willow scrub, disturbed lands, and disturbed and undisturbed coastal sage scrub. 3.4.6.3 City of Carlsbad Jurisdiction All USACE and CDFG jurisdictional areas fall under the jurisdiction of the City of Carisbad. City of Carisbad jurisdicfional areas total 1.27 acres within the proposed project area and 11.01 within the area dedicated as open space for the purpose of mitigating impacts to wetlands from the off-site Terraces at Sunny Creek project. 3.4.7 Wildlife Movement Corridors Wildlife movement corridors are defined as areas that connect suitable wildlife habitat areas in a region otherwise fragmented by rugged terrain, changes in vegetafion, or human disturbance. Natural features such as canyon drainages, ridgelines, or areas with RECON Page 49 Biological Technical Report for the Rancho Milagro Study Area vegetation cover provide corridors for wildlife travel. Wildlife movement corridors are important because they provide access to mates, food, and water; allow the dispersal of individuals away from high population density areas; and facilitate the exchange of genetic traits between populations (Beier and Loe 1992). Wildlife movement corridors are considered sensitive by resource and conservation agencies. The study area is immediately bounded by agricultural development and scattered ranch homes to the west, north, and east, and a residential development to the south. Agua Hedionda Creek, the unnamed tributary, and patches of undeveloped native habitat continue off the study area to these adjacent properties. The HMP specifically idenfifies the coastal sage scrub patches, wetland and riparian vegetation communities, and active agricultural fields in and adjacent to the study area as functioning as a wildlife movement corridor for coastal California gnatcatchers and other wildlife species. 4.0 Project Impacts The proposed project Includes the development of 19 houses, a biofiltration detenfion area, and a sewer line. The previous project design revision removed both lots from the northern portion of the site and a reconfigurafion of the biofiltrafion detention area to avoid and minimize impacts to the wetland and riparian areas on the property. In the latest project revision, all residential lot boundaries were refined to ensure they did not encroach on the 100-foot wetiand buffer. A total of approximately 15.05 acres of land will be impacted by grading activities associated with the proposed on-site development and on- and off-site trenching activities associated with the sewer line (Table 7). The impacts associated with the sewer line alignment through the Agua Hedionda Creek riparian area have already been reviewed and approved by the City of Carisbad according to the Mitigated Negative Declaration dated April 4, 2000 (City of Carisbad 2000). See Table 7 for details of the proposed impacts from this portion of the sewer line. Impacts to the jurisdictional resources along Agua Hedionda Creek are not expected because the method of construction in this area is to jack and bore underneath the creek. The City of Carisbad requires brush management for all flammable areas of native or naturalized vegetation surrounding the house that are adjacent to flammable vegetation. The current project has been redesigned in accordance with the City of Carisbad Fire Marshall so that all brush management is accomplished within the boundary of each lot and no addifional brush management is required. The biological impacts of the project were assessed according to guidelines set forth in the HMP (City of Carisbad 2004a) and CEQA. Mitigafion is required for impacts that are considered significant under the HMP and CEQA guidelines. RECON Page 50 TABLE 7 IMPACTS TO VEGETATION COMMUNITIES AND LAND COVER TYPES ON THE RANCHO MILAGRO STUDY AREA (acres) On-site Off-Site Total Previously Study Sewer Approved Sewer Area Biological Resource Grading Line Sewer Line* Total Line Impacts Freshwater marsh — — — — — — Southern willow scrub 0.05 — — 0.05 — 0.05 Mule fat scrub — — — — — — Sycamore/oak woodland -0.01 0.01 0.02 -0.02 Diegan coastal sage scrub 1.73 0.05 -1.78 -1.78 Disturbed Diegan coastal sage scrub 0.68 0.06 0.04 0.78 — 0.78 Coast live oak woodland 0.01 0.01 — 0.02 -0.02 Eucalyptus woodland ------ Agricultural field 10.12 - • - 10.12 -10.12 Non-native grassland 1.08 0.02 -1.10 -1.10 Developed land 0.67 0.29 0.16 1.12 0.06 1.18 TOTAL 14.34 0.44 0.21 14.99 0.06 15.05 *This portion of the sewer line was previously reviewed and approved by the City of Carlsbad according to the Mitigated Negative Declaration dated April 4, 2000 (City of Carlsbad 2000). RECON Biological Technical Report for the Rancho Milagro Study Area 4.1 Vegetation Communities The proposed development and sewer line will impact a total of approximately 15.05 acres in the study area, including 0.05 acre of southern willow scrub, 0.02 acre of sycamore/oak woodland, 1.78 acres of Diegan coastal sage scrub, 0.78 acre of disturbed Diegan coastal sage scrub, 0.02 acre of coast live oak woodland, 10.12 acres of agricultural fields, 1.10 acres of non-native grassland, and 1.18 acres of developed land (see Table 7; Figure 7). Impacts to southern willow scrub, Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, coast live oak woodland, sycamore/oak woodland, non-nafive grassland, and agricultural fields are considered significant and require mifigation. Impacts to developed land are considered less than significant and therefore do not require mitigation. 4.2 Wildlife The proposed development will impact general wildlife. Birds have a high mobility and will most likely be displaced during grading. Small mammals, amphibians, and repfiles with low mobility may be inadvertenfiy killed during grading ofthe study area. Impacts on general wildlife are considered less than significant. Indirect impacts associated with the road and pad impacts include an increase in night lighting, traffic, domestic pets, and litter and pollutants into adjacent wildlife habitat. These impacts are not expected to reduce the wildlife populafions ofthe area below self- sustaining levels and are thus considered less than significant. 4.3 Sensitive Biological Resources 4.3.1 Sensitive Vegetation Communities Impacts to the following sensifive vegetafion communities are considered significant by CEQA and the City of Carisbad (City of Carisbad 2004a): southern willow scrub, coastal sage scrub, and coast live oak woodland. Impacts to agricultural fields and non-native grasslands are not considered significant by definition under CEQA, but are considered significant by the City of Carisbad. The impacts to vegetation communities are presented in Table 7 and Figure 8. Impacts to sensifive vegetation communities should be minimized to the greatest extent practicable. RECON Page 52 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) Study Area y^/^ Grading Sewer Alignment Previously Permitted Sewer Easement RECON I l\ 100 ft Wefiand Buffer Vegetation Communities Coast live oak woodland Coastal sage scrub I Disturbed coastal sage scrub Eucalyptus woodland Freshwater marsh Mule fat scrub Southern willow scrub Sycamore/Oak woodland Agriculture Non-native grasslands Developed 0 Feet 250 M:\jobs2\3889-1 \common_gis\fig7. mxd 03/01/10 FIGURE 7 Impacts to Vegetafion Communties Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) study Area Grading Sewer Alignment Previously Permitted Sewer Easement Sensitive Plants Sensitive Wildlife 0 Feet 250 RECON California adolphia Nuttall's scrub oak Coast live oak Western sycamore Spiny rush • Cooper's hawk • Northern harrier © White-tailed kite © Yellow warbler • Yellow-breasted chat FIGURE 8 Impacts to Sensitive Species M:\jobs2\3889-1\common_gis\fig8.mxd 03/08/10 Biological Technical Report for the Rancho Milagro Study Area In response to comments from the City of Carisbad (City of Carisbad 2004b), impacts to the southern willow scrub within the northwestern portion of the study area have been reduced from the original proposed site design (RECON 2004a) by realigning the road crossing from one of the widest portions of the southern willow scrub, approximately 50 feet west to the narrowest section of the southern willow scrub. Impacts to this wetland area were reduced from 0.22 acre to 0.05 acre. In addition, the proposed crossing will be a Con-Span or similar three-sided 12-foot-by-5-foot product that will span the creek while maintaining a soft soil bottom that will allow for natural flow of the creek beneath the crossing. In response to comments from the City of Carisbad (City of Carisbad 2005a and 2005b) and discussions with City, USFWS, and CDFG staff, the buffer between the proposed lots and southern willow scrub In the northwestern portion of the site has been Increased to 100 feet along the majority of the interface in compliance with the HMP planning standards for Zone 15 (City of Carisbad 2004a). Furthermore, in response to the City comments (City of Carisbad 2007), and subsequent meefings with City and wildlife agencies staff, both lots were removed from the northern portion of the project site. In response to the latest City comments (City of Carisbad 2009a, 2009b), the residential lots were reduced to remove any encroachment into the 100-foot wetland buffer. The proposed footprint now provides a continuous 100-foot buffer except for the area where the access road crosses the southern willow scrub. The revised site design demonstrates that all feasible minimizafion measures were employed to reduce Impacts to jurisdicfional areas in the northern portion of the study area and to meet the planning standards as Identified In the HMP (City of Carisbad 2004a). Impacts to only 2.56 acres of Diegan coastal sage scrub represents a preservafion of 5.95 acres (70%) of all coastal sage scrub present within the total ownership. This is in compliance with the goals for overall preservation of 67 percent of coastal sage scrub within the standards area, as identified in the HMP (City of Carisbad 2004a). In response to comments from the City of Carisbad (City of Carisbad 2005a), signiflcant impacts are not expected to occur during the construcfion of the sewer line in the southern portion of the study area. The jack-and-bore method will be used to install the pipeline beneath Agua Hedionda Creek and the adjacent southern willow scrub, resulting in no impacts to this sensitive vegetation community in this area. This method sometimes results in a "frac-out"^, which is when subsurface fractures conduct bentonite drilling fluid to the surface, creating localized surface seepage. In the event of a "frac- out" or any other unexpected impacts as a result of the jack-and-bore method, the extent of the resultant impact will be assessed, measured, and mifigated. This is discussed further in the mifigation section below. ^ A localized surface seepage created by subsurface fractures allowing bentonite drilling fluid to flow to the surface. RECON Page 55 Biological Technical Report for the Rancho Milagro Study Area In response to a City comment (City of Carisbad 2009b), the drainage oufiet from the biofiltration basin has been moved to the existing roadway. The 12-inch outlet pipe will require a 2-foot-wide trench and will connect to the corrugated pipes that currently convey water underneath the concrete-lined drainage crossing. The work will not result in any grading Impacts to Agua Hedionda Creek. The total impact from this work is less than a hundredth of an acre to developed land and thus does not increase the total project impact. 4.3.2 Sensitive Plants Impacts to plants that are classified as state listed, federally listed, CNPS List IB species, CNPS List 2 species, and were detected within the study area (Figure 8), would be considered adverse and significant. 4.3.2.1 Observed California adolphia. The proposed project will impact approximately 15 individuals of California adolphia along the eastern boundary of the study area. Grading and trenching activifies associated with the previous site design would have impacted approximately 25 California adolphia individuals; therefore, the revised site design demonstrates measures that were employed to reduce and minimize impacts to California adolphia. Approximately 100 individuals will be preserved within the open space. Spiny rush. The proposed project is not expected to impact any spiny rush plants in the study area. Nuttall's scrub oak. The proposed project is not expected to impact any Nuttall's scrub oaks in the study area. Coast live oak and western sycamore. As shown on Figure 8, grading activities will avoid all impacts to coast live oaks and western sycamores. Grading and trenching activities associated with the previous site design would have impacted 13 coast live oaks with a total DBH of 11 feet and one western sycamore with a DBH of 2.5 feet; therefore, the latest site design demonstrates that all feasible minimization measures were employed to avoid impacts to these trees. 4.3.2.2 Not Observed No other sensitive plant species are expected to occur on-site or be impacted by the proposed project; therefore, no addifional mitigation is expected. RECON Page 56 Biological Technical Report for the Rancho Milagro Study Area 4.3.3 Sensitive Wildlife Impacts to nesting raptors and animals that are classified as state listed, federally listed, and/or are not covered by the HMP will be considered adverse and significant. Impacts to any potentially occurring state species of concern, if present, are considered adverse, but less than significant. 4.3.3.1 Observed Cooper's hawk. There is a moderate to high potential for this species to nest in the study area along Agua Hedionda Creek. If construction activifies occur during raptor breeding season (February 1 to August 30), noise from construction equipment could potentially Impact an active raptor nest if present within 300 feet of construction activities. Any impacts to an acfive raptor nest would be considered adverse and significant. Northern harrier. This species has a low potenfial to nest in the study area due to lack of suitable grassland and suitable agricultural fields for nesting. If construcfion activities occur during raptor breeding season (February 1 to August 30), noise from construcfion equipment could potentially impact an active raptor nest if present within 300 feet of construcfion acfivities. Any Impacts to an active raptor nest would be considered adverse and significant. White-tailed kite. This species has a high potenfial to nest in the sycamore/oak woodland along Agua Hedionda Creek in the southern portion of the study area. If construction activities occur during raptor breeding season (February 1 to August 30), noise from construction equipment could potentially impact an acfive raptor nest if present within 300 feet of construction activities. Secfion 3511 of the CDFG Code prohibits the take or possession of fully protected species at any fime. Any impacts to an active raptor nest would be considered adverse and significant. Yellow warbler. This species has a high potential to nest in the southern willow scrub within Agua Hedionda Creek and within the unnamed tributary to Agua Hedionda Creek in the northern portion of the study area. Direct impacts to active nests would be an adverse and significant impact. Yellow-breasted chat. This species of has a high potential to nest in the southern willow scrub and sycamore/oak woodland within Agua Hedionda Creek and within the unnamed tributary to Agua Hedionda Creek in the northern portion of the study area. Direct impacts to acfive nests would be an adverse and significant impact. RECON Page 57 Biological Technical Report for the Rancho Milagro Study Area 4.3.3.2 Not Observed Least Bell's vireo. Although least Bell's vireo were not detected within the study area during the focused protocol surveys (RECON 2005a), there is a moderate potential for this state and federally endangered species to be present in the study area during the breeding season between March 15 and September 15. Direct impacts associated with grading and vegetafion clearing, and indirect impacts associated with construction noise would be considered adverse and signiflcant during the breeding season. Southwestern willow flycatcher. Although southwestern willow flycatcher were not detected within the study area during the focused protocol surveys (RECON 2005a), there is a low potential for this state and federally endangered species to be present in the study area during the breeding season between May 1 and September 15. Direct impacts associated with grading and vegetafion clearing, and indirect impacts associated with construction noise would be considered significant during the breeding season. Coastal California gnatcatcher. Although coastal California gnatcatcher were not detected within the study area during the focused protocol surveys (RECON 2005a), there is a moderate potential for this federally threatened, state species of special concern, and MHCP and HMP covered species to be present within the study area during the breeding season between March 1 and August 15. Direct impacts associated with grading and vegetation clearing, and indirect impacts associated with construcfion noise would be considered significant during the breeding season. Nesting raptors. There is a high potential for other nesting raptors to be present in the study area. The entire riparian area along Agua Hedionda Creek contains hundreds of trees and is considered suitable raptor nesting habitat. Direct impacts associated with grading and vegetation clearing would be considered significant under the Fish and Game Code 3503.5. In addifion, the proposed project will impact foraging habitat for raptors within the non- native grassland and agricultural fields in the study area. As menfioned previously, impacts to non-native grasslands and landscaped areas are considered significant and will require mitigation since these areas may be used by raptors for foraging and nesting (City of Carisbad 2004a). 4.3.4 Jurisdictional Areas Figure 9 shows impacts to USACE and CDFG jurisdictional areas and Table 8 presents the acreage of Impacts. RECON Page 58 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) 0 Feet 250 RECON Study Area V//\ Grading Sewer Alignment I I Previously Permitted Sewer Easement © CulvertVPipe Plan Lines fTHlOO ft Wetland Buffer CDFG RiparianWefiand USACE Non-wetland Water VTTi USACE Wetland Isolated drainage FIGURE 9 Impacts to Jurisdicfional Areas M:\JOBS2\3889-1\common_gis\fig9.mxd 4/5/2011 TABLE 8 IMPACTS TO JURISDICTIONAL AREAS ON THE RANCHO MILAGRO STUDY AREA (acres) Jurisdictional areas Grading Sewer Line Previously Approved Sewer Line** Total USACE Jurisdiction Wetland Non-wetland Jurisdictional Waters 0.05 0.001 --0.05 0.001 TOTAL USACE 0.051 0.051 CDFG Jurisdiction Riparian* Streambed 0.05 0.001 0.01 0.01 0.07 0.001 TOTAL CDFG 0.051 0.01 0.01 0.071 Isolated drainagef 0.04 -0.04 * Acreage overiaps and includes USACE jurisdictional wetland acreage. **This portion of the sewer line was previously reviewed and approved by the City of Carisbad according to the Mitigated Negative Declaration dated April 4, 2000 (City of Carisbad 2000). t This drainage has been delineated and does not appear to fall under the jurisdiction of either USACE or CDFG. This will need to be verified by these agencies during the permitting process. RECON Biological Technical Report for the Rancho Milagro Study Area Impacts to jurisdictional areas within the northern portion of the study area are necessary in order to provide access to the proposed development from the adjacent approved residential development (Cantarini Ranch). Because the HMP states that road projects that "cross a wefiand must demonstrate that the crossing will occur at the narrowest and/or least sensitive location and that all feasible minimization measures have been employed" (City of Carisbad 2004a), the City of Carisbad recommended that the road alignment be shifted west to reduce impacts to the southern willow scrub (City of Carisbad 2004b). In response to these comments from the City of Carisbad (City of Carisbad 2004b), impacts to wefiand areas have been reduced from the original proposed site design (RECON 2004a) by realigning the road crossing from one of the widest portions ofthe southern willow scrub, approximately 50 feet west to the narrowest section of the southern willow scrub. Impacts to this wetland area were reduced from 0.22 acre to 0.05 acre. In addifion, the proposed crossing will be a Con-Span or similar three-sided 12-foot-by-5-foot product that will span the creek while maintaining a soft soil bottom that will allow for natural flow of the creek beneath the crossing. In response to comments from the City of Carisbad (City of Carisbad 2005a and 2005b), the buffer between the proposed lots and the jurisdicfional areas in the northwestern portion of the site has been increased to 100 feet along the majority of the interface in compliance with the HMP planning standards for Zone 15 (City of Carisbad 2004a). Furthermore, in response to the City comments (City of Carisbad 2007), and subsequent meefings with City and wildlife agencies staff, both lots were removed from the northern portion of the project site. In response to the latest City comments (City of Carisbad 2009), the residential lots were reduced to remove any encroachment into the 100-foot wefiand buffer. The proposed footprint now provides a confinuous 100-foot buffer except where the access road crosses the southern willow scrub. The revised site design demonstrates that all feasible minimization measures were employed to reduce impacts to jurisdictional areas in the northern portion of the study area and to meet the planning standards as idenfified in the HMP (City of Carisbad 2004a). However, impacts to jurisdictional waters are still considered adverse and significant, and require mitigation. The jack-and-bore method will be used to install the sewer pipeline beneath Agua Hedionda Creek resulting in no impacts to this jurisdicfional resource. In the event of a "frac-out" or any other unexpected impact as a result of the jack-and-bore method, the extent of the resultant impact will be assessed, measured and mitigated. This is discussed further in the mitigation section below. 4.3.4.1 USACE Jurisdiction The proposed grading activities will impact approximately 0.05 acre of USACE jurisdiction. As stated above, the proposed impacts associated with the road crossing have been reduced from the original proposed site design (RECON 2004a) by shifting the road crossing approximately 50 feet west to the narrowest secfion of the southern RECON Page 61 Biological Technical Report for the Rancho Milagro Study Area willow scrub. The proposed crossing will also include a soft-bottom and allow for the natural flow of the creek to be maintained. The project redesign reduces impacts to USACE wefiands from 0.16 acre to approximately 0.05 acre. In addifion, in compliance with HMP requirements, a 100-foot wetland buffer has been established along the northern and southern drainages. The current design demonstrates that all feasible minimization measures were employed to reduce impacts to these jurisdictional areas in the northern portion of the study area; however, these impacts are still considered adverse and significant and require mitigation. 4.3.4.2 CDFG Jurisdiction The proposed grading activities will impact approximately 0.07 acre of CDFG riparian habitat. The original site design (RECON 2004a) proposed to impact approximately 0.24 acre of CDFG jurisdicfional area, including 0.22 acre of riparian and 0.02 acre of CDFG streambed. As stated above, the proposed impacts associated with the road crossing have been reduced from the original proposed site design (RECON 2004a) by shifting the road crossing approximately 50 feet west to the narrowest secfion of the southern willow scrub. The project redesign reduces impacts to riparian areas from 0.22 acre to 0.07 acre. The current design demonstrates that all feasible minimizafion measures were employed to reduce impacts to these jurisdicfional areas in the northern portion of the study area; however, these impacts are still considered adverse and significant and require mitigafion. 4.3.4.3 City of Carlsbad Jurisdiction All Impacts considered adverse and significant by USACE and CDFG are considered adverse and significant by the City of Carisbad. 4.3.5 HMP Preserve System/Wildlife Movement Corridor The proposed project will impact natural habitat patches and agricultural fields within a proposed standards area and Core Area 5 in Zone 15, both of which may contain habitat that supports sensitive wildlife and crifical populations of sensifive plants (City of Carisbad 2004a). In addition, the natural habitat patches of riparian habitat, coastal sage scrub, and agricultural fields in the study area create a wildlife movement corridor for wildlife species moving through the study area to and from natural habitat patches on adjacent properties. Impacts to the wildlife movement corridor, and to sensifive wildlife and sensitive plants, would be considered adverse and significant. In particular, the road impacts to the southern willow scrub within the unnamed tributary in the northern portion of the study area would be considered significant. RECON Page 62 Biological Technical Report for the Rancho Milagro Study Area As stated previously, the HMP states that road projects that "cross a wetland must demonstrate that the crossing will occur at the narrowest and/or least sensitive location and that all feasible minimizafion measures have been employed" (City of Carisbad 2004a). In response to comments from the City of Carisbad (City of Carisbad 2004b), impacts within the unnamed tributary have been reduced from the original proposed site design (RECON 2004a) by realigning the road crossing from one of the widest portions of the southern willow scrub, approximately 50 feet west to the narrowest section of the southern willow scrub. Impacts to this wefiand area were reduced from 0.22 acre to 0.05 acre. In response to comments from the City of Carisbad (City of Carisbad 2005a and 2005b), the buffer between the proposed lots and the unnamed tributary in the northwestern portion of the site has been increased to 100 feet along the majority of the interface in compliance with the HMP planning standards for Zone 15 (City of Carlsbad 2004a). Furthermore, in response to City comments (City of Carisbad 2007) and subsequent meetings with City and wildlife agencies staff, both lots were removed from the northern portion of the project site. In response to the City comments from January 2009 (City of Carisbad 2009a), the residenfial lots were reduced to remove any encroachment Into the 100-foot wetland buffer. The proposed footprint now provides a continuous 100-foot buffer except for the area where the access road crosses the southern willow scrub. In response to a City comment (City of Carisbad 2009b), the drainage outlet from the biofiltration basin has been moved to the existing roadway. The 12-inch oufiet pipe will require a 2-foot-wide trench and will connect to the corrugated pipes that currenfiy convey water underneath the concrete-lined drainage crossing. The work will not result in any grading impacts to Agua Hedionda Creek. The total impact from this work is less than a hundredth of an acre to developed land and thus does not Increase the total project impact. In addition, the proposed crossing will be a Con-Span or similar three-sided 12-foot-by- 5-foot product that will span the creek while maintaining a soft soil bottom that will allow for natural flow of the creek beneath the crossing. Given the dimensions of the 60-foot- long crossing, the openness factor will be 1.0, which is larger than the minimum value of 0.6 requested by the wildlife agencies. This openness factor is what enables wildlife to move under the road. Impacts to Diegan coastal sage scrub are 2.56 acres, which represent a preservafion of 5.95 acres (70%) of the total coastal sage scrub present on-site. This is in compliance with the goals for overall preservation of 67 percent of coastal sage scrub within the standards area, as identified in the HMP (City of Carisbad 2004a). The jack-and-bore method will be used to install the sewer pipeline beneath Agua Hedionda Creek resulting in no impacts to this jurisdictional resource. In the event of a "frac-out" or any other unexpected impact as a result of the jack-and-bore method, the extent of the resultant impact will be assessed, measured, and mifigated. This is discussed further in the mitigation section below. The revised site design demonstrates RECON Page 63 Biological Technical Report for the Rancho Milagro Study Area that all feasible minimizafion measures were employed to reduce impacts to sensifive vegetafion communifies. 4.3.6 HMP Adjacency Standards The HMP idenfifies several issues that need to be addressed during the planning of a project in order to avoid negafive impacts of development on adjacent open space preserve areas (City of Carisbad 2004a). The areas of concern are fire management, erosion control, landscaping, fencing, signs, and lighfing, and predator and exofic species control. 4.3.6.1 Fire IVIanagement Brush management has been incorporated into the development boundaries to eliminate the need to conduct fuel modification acfivities within the proposed open space areas. Landscaping within the brush management zones will consist of low-fuel species to minimize the potential for fire within the adjacent preserve areas. 4.3.6.2 Erosion Control Areas within or adjacent to the preserve that have a moderate to severe potential for erosion will be identified and all potenfial causes of erosion determined. The project has several plans in place to address potential erosion issues. The soils report addresses the proper placement of manufactured slopes to maximize slope stability (Geotechnical Explorafion Inc. 2009). This will reduce the amount of erosion on the slopes. The landscape plan includes planting on the slope to reduce the level of erosion of the slopes (GMP Inc. 2009). The Stormwater Management Plan identifies post-construction best management practices (BMPs) that will ensure run-off Is appropriately treated to minimize the potential for erosion (Manitou Engineering Company 2009). Construcfion- level BMPs will be implemented to prevent any silt entering the open space areas. 4.3.6.3 Landscaping No acfive landscaping is proposed to be installed within the preserved open space areas. There is a potential that some habitat restoration will occur on-site within the open space; however, that will consist of a native plant palette that will serve for mitigafion of significant vegetation community impacts. Landscaping within the brush management zones and along development slopes adjacent to the open space areas will encourage the use of a native plant palette consistent with the adjacent nafive vegetation communifies, prohibit the use of ornamental invasive species, and limit the use of fertilizers to prevent excess run-off entering the open space. Irrigafion should not be permanent, but should only be Installed temporarily in order to ensure that the plants are RECON Page 64 Biological Technical Report for the Rancho Milagro Study Area established. In addition, the use of culfivars of native species will be prohibited to avoid genetic contaminafion of the native plant species in the preserve. 4.3.6.4 Fencing, Signs, and Lighting Fencing will be installed along the perimeter of the development to limit the access of humans and domesfic pets into the open space areas. Fencing will consist of a five-foot- high chain-link fence to be placed at the property line between the residential lots and the open space. Signage will be placed at intervals along the fence to inform the public about the presence and function of the open space areas. Lighting will be shielded or directed away from the open space areas to avoid increasing the nighttime light input into the open space. 4.3.6.5 Predator and Exotic Species Control The perimeter fence will be designed to limit access of domestic and feral animals from accessing the open space areas. Any long-term management on-site should also include development of a cowbird trapping program, nafive predator program, and exofic plant control program. 5.0 Mitigation IVIeasures Mitigation is required for impacts that are considered significant, including impacts to listed species, sensifive vegetafion communifies and habitats, and wefiands. In addition, the City of Carisbad (2004b) requires mitigation for impacts to agricultural flelds because they provide resources for raptor foraging, may support sensitive plant species, and may serve as a habitat linkage for wildlife. Mitigation is intended to reduce signiflcant impacts to a level of less than signiflcant. Mitigation measures typically employed include resource avoidance, habitat replacement, the off-site acquisifion of habitat, orthe on-site preservation and dedication of habitat. The recommended mitigation ratios in this document are based on both the HMP and CEQA guidelines. As illustrated in Figure 10, the riparian area along Agua Hedionda Creek in the southern third of the property is not available for use towards safisfying mifigation requirements for the proposed development because this area occurs within an area dedicated as open space for the purpose of mifigafing impacts to wetlands from the off-site Terraces at Sunny Creek project. Approximately 12.6 acres of land within the study area will remain undeveloped, excluding the land Impacted from the proposed development and the land already dedicated for wefiand mitigation. To minimize project impacts, and maximize on-site mitigation and nafive open space in the study area, all proposed undeveloped areas in the study area will be dedicated as open space, manufactured slopes will be revegetated with native plant species, and brush management areas will RECON Page 65 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) Study Area Project Impact Wetland Mitigation for Terraces at Sunny Creek RECON |\\| Proposed Natural Open Space Vegetation Communities Proposed Coastal Sage Scrub Restoration Area Coast live oak woodland Proposed Riparian Mitigation Area Coastal sage scrub Disturbed coastal sage scrub Eucalyptus woodland Freshwater marsh [' '\ 100 ft Wetland Buffer Mule fat scrub Southern willow scrub Sycamore/Oak woodland Agriculture Non-native grasslands Developed 0 Feet 250 FIGURE 10 Available On-site Mitigation Land M:\JOBS2\3889-1\common_gis\fig10.mxd 4/5/2011 Biological Technical Report for the Rancho Milagro Study Area be planted with a low-fuel nafive plant palette to the extent allowed by the City Fire Marshal. In response to comments provided by the City and wildlife agencies during a meeting on February 24, 2011 and by electronic mail on March 9, 2011, all non-native lands within the northern wefiand buffer will be restored to either coastal sage scrub or riparian scrub. This is in compliance with the HMP Zone 15 Planning Standards for no-net loss of these resources. This is described in further detail below. Attachment 3 provides a conceptual habitat restorafion plan which illustrates where both wefiand and upland restorafion would occur on-site. 5.1 Sensitive Vegetation Communities Impacts to sensifive vegetation communifies are regulated by the HMP and CEQA, and should be minimized to the greatest extent practicable. Habitat conserved on-site shall be credited toward mitigafion. After determining the amount of acreage needed for mitigation based on the mitigation rafios, the acres of on-site conserved habitat shall be subtracted from the required acres of mitigafion (City of Carisbad 2004a). Mifigafion shall occur within the city, principally in the FPAs, unless the City Council authorizes mitigafion outside the city or FPAs (City of Carisbad 2004a). Mifigafion can be accomplished through on-site preservafion, restoration, or creafion, purchase of off-site habitat, or payment of fees into an authorized mitigafion bank. Table 9 presents the required mifigafion rafios and acreages for impacts on the Rancho Milagro study area. In addifion. Table 9 includes the acreages remaining within the study area that may qualify for mifigation, after excluding the impact area and the area dedicated as open space for wetiand impacts from the Terraces at Sunny Creek project. Attachment 3 provides a conceptual restorafion plan that details the proposed on-site restoration of wefiand and upland habitats for mitigation of project impacts. In the event of a "frac-out," work will cease immediately and measures taken to contain any resultant slurry within as small of an area as possible. A qualified biologist will assess the impacts to natural resources and contact the City and appropriate resource agencies within 24 hours of the event. Additional mifigafion for impacts would be required, at a rafio of at least 3:1. The locafion and composifion of this mitigafion would be determined at the fime of the impact, once the scope and nature of that impact is determined. RECON Page 67 TABLE 9 MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES ANO JURISDICTIONAL AREAS Vegetation Community Total Project Impacts Mitigation Ratio Required Mitigation Available Mitigation Area On-site^ Proposed Mitigation Freshwater marsh -3:1 -0.21 Wetland community impacts will be mitigated as described below in the Jurisdicrtional Areas section. Southem willow scrub 0.05 3:1 0.15 0.85 Wetland community impacts will be mitigated as described below in the Jurisdicrtional Areas section. Mule fat scrub -3:1 — 0.04 Wetland community impacts will be mitigated as described below in the Jurisdicrtional Areas section. Sycamore/oak woodland 0.02 3:1 0.06 0.09 Wetland community impacts will be mitigated as described below in the Jurisdicrtional Areas section. Diegan and disturt>ed coastal sage scrub^ 2.56 67% preservation/ 1:1 (no-net- loss) 5.70^ 5.95^ On-Site: Presen/ation of 70% of coastal sage scrub on-site. Conversion of 1.50 acres of agricultural lands, 0.04 acre of developed land, and 1.40 acres of non-native grasslands to achieve no-net-loss of coastal sage scrub within Zone 15. Coast live oak woodland 0.02 3:1 0.06 1.03 On-Site: Presen/ation of 0.06 acre. Non-native grassland (including impacts from proposed restoration) 2.50 0.5:1 1.25 1.90 On-Site: Preservation of 1.25 acres for direct project impacts and conversion related to restoration. Eucalyptus woodland — Fee Fee 0.06 Payment of an in-lieu mitigation fee for an Agricultural fields (inc:l. impacts from proposed restoration) 11.83 Fee Fee 0.23 amount as determined by the City of Carisbad City Council. Developed 1.18 — — 0.77 None required. TOTAL (includes impacts from proposed restoration) 18.16 7.22/Fee 11.13 Jurisdictional Areas USACE Jurisdiction Ali jurisdictional water impac^ts are regulated Wetland 0.05 3:1 0.15 by a no-net-loss policy. Mitigation should include on-site creation of habitat at a 1:1 ratio. The remaining mitigation should be accomplished through on-site creation or Non-Wetland Waters of U.S. 0.001 1:1 0.001 by a no-net-loss policy. Mitigation should include on-site creation of habitat at a 1:1 ratio. The remaining mitigation should be accomplished through on-site creation or TOTAL USACE 0.051 0.151 by a no-net-loss policy. Mitigation should include on-site creation of habitat at a 1:1 ratio. The remaining mitigation should be accomplished through on-site creation or CDFG Jurisdiction enhancement of degraded habitat. The conceptual plan includes creation of suitable riparian habitat on-site through conversion of 0.21 acre of agricultural fields. Mitigation of Riparian^ 0.07 3:1 0.21 enhancement of degraded habitat. The conceptual plan includes creation of suitable riparian habitat on-site through conversion of 0.21 acre of agricultural fields. Mitigation of Streaml>ed 0.001 1:1 0.001 enhancement of degraded habitat. The conceptual plan includes creation of suitable riparian habitat on-site through conversion of 0.21 acre of agricultural fields. Mitigation of TOTAL CDFG 0.071 0.211 the CDFG impacts will encompass USACE and wetland community mitigation. ^Acres remaining within study area available for mitigation after excluding the development impact area and the area dedicated as open space for wetland mitigation from development of Terraces at Sunny Creek. ^Acreage based on all coastal sage scmb present within the total project ownership. ^Acreage overlaps and includes USACE jurisdictional wetland acreage. RECON Biological Technical Report for the Rancho Milagro Study Area 5.1.1 Southern Willow Scrub and Sycamore/Oak Woodland Impacts to 0.05 acre of southern willow scrub and 0.02 acre of sycamore/oak woodland are typically mifigated at a 3:1 rafio, which must include a minimum of 1:1 creation (0.07 acre) of like habitat either in the study area or at an appropriate off-site locafion In order to achieve the local, state, and federal policies of no net loss of wefiand habitat. The remaining 0.14 acre of required mifigafion can be mifigated using various methods, including addifional creafion, or enhancement Mitigafion ratios and the specific location of mitigation lands will be determined in consultafion with USFWS, USACE, and CDFG, as appropriate, in accordance with the requirements of the federal CWA and the California Fish and Game Code. All mifigafion lands for impacts to riparian and wefiand habitats should be in the City of Carisbad or MHCP plan area within the Agua Hedionda Creek watershed. A conceptual restorafion plan has been prepared and is provided in Attachment 3. A total of 0.21 acre of riparian habitat is proposed for restorafion in the northern portion of the site. This will be accomplished through the conversion of 0.21 acre of agricultural fields. 5.1.2 Disturbed and Undisturbed Diegan Coastal Sage Scrub Impacts to 2.56 acres of Diegan coastal sage scrub and disturbed Diegan coastal sage scrub that Is not occupied by coastal California gnatcatcher would be mitigated by the preservafion of 5.95 acres (70%) of all coastal sage scrub present within the total project ownership. This is in compliance with the goals for overall preservation of 67 percent of coastal sage scrub within the standards area, as idenfified in the HMP (City of Carisbad 2004a). In addition, the project is required to meet the HMP standards area goal of no- net-loss for coastal sage scrub. A total of 2.94 acres of coastal sage scrub will be created within the northern open space on-site through conversion of 1.50 acres of agricultural lands, 0.04 acre of developed land, and 1.40 acres of non-native grassland. A conceptual restorafion plan has been prepared and is provided in Attachment 3. 5.1.3 Coast Live Oak Woodland Impacts to coast live oak woodland will be mifigated at a 3:1 ratio. Based on the current proposed site design, mifigafion for 0.02 acre of impacts to coast live oak woodland will be accomplished through on-site preservation of 0.06 acre of coast live oak woodland In the study area. RECON Page 69 Biological Technical Report for the Rancho Milagro Study Area 5.1.4 Non-native Grassland Impacts to non-native grassland will be mifigated at a 0.5:1 rafio. Non-native grassland will either be impacted by development or converted through restoration of coastal sage scrub and riparian habitat for a total impact of 2.50 acres. This impact will be mifigated at 0.5:1 mifigation rafio through on-site preservation of 1.25 acre of non-native grassland in the study area. 5.1.5 Agricultural Land Impacts to agricultural land will be mifigated through the payment of a fee to the City of Carisbad. The final parameters of this fee program will be determined by the City of Carisbad. A total of 11.83 acres of agricultural field will be converted to either residenfial development with ancillary facilifies or native restored habitat. 5.2 Sensitive Plants 5.2.1 California Adolphia To mifigate for impacts to 15 California adolphia, a minimum of 30 California adolphia will be included in the plant palette of the proposed Diegan coastal sage scrub restoration. Seed will be collected from the plants on-site and propagated in an appropriate nursery facility until they are of a sufficient size for planting. Inclusion of this species within the upland restorafion proposed for the open space on-site will reduce any impact to this species to less than significant. 5.3 Sensitive Wildlife 5.3.1 Least Bell's Vireo Although least Bell's vireo were not detected within the study area during the focused protocol surveys (RECON 2005a), there is a moderate potential for this species to be present in the study area during the breeding season. Therefore, all grading and vegetation clearing acfivities within 500 feet of riparian habitat should be conducted between September 16 and March 14, which is outside ofthe breeding season. Indirect noise impacts could occur if acfive nests are located within 500 feet of construcfion during the breeding season. A qualified biological monitor may be required to be on-site during construcfion activifies if this condifion arises. RECON Page 70 Biological Technical Report for the Rancho Milagro Study Area 5.3.2 Southwestern Willow Flycatcher Although southwestern willow flycatcher were not detected within the study area during the focused protocol surveys (RECON 2005a), there is a low potential for this state and federally endangered species to be present in the study area during the breeding season Therefore, all grading and vegetation clearing activities within 500 feet of riparian habitat should be conducted between September 16 and April 31, which is outside ofthe breeding season. Indirect noise impacts could occur if active nests are located within 500 feet of construction during the breeding season. A qualified biological monitor may be required to be on-site during construction activities if this condifion arises. The breeding dates are different for least Bell's vireo and southwestern willow flycatcher. Mitigation for potenfial impacts to least Bell's vireo will also mifigate for potenfial Impacts to southwestern willow flycatcher. 5.3.3 Coastal California Gnatcatcher Although coastal California gnatcatcher were not detected within the study area during the focused protocol surveys (RECON 2005a), there Is a moderate potential for this species to be present within the study area during the breeding season. Therefore, all grading and vegetation clearing activities in or adjacent to suitable habitat should be conducted between August 16 and February 28, which outside ofthe breeding season. Indirect noise impacts could occur if active nests are located within 500 feet of construcfion during the breeding season. A qualified biological monitor may be required to be on-site during construction acfivifies ifthe gnatcatcher is present. 5.3.4 Yellow Warbler and Yellow-breasted Chat Both of these species were identified within the riparian habitat during the focused protocol surveys for least Bell's vireo and southwestern willow flycatcher (RECON 2005a). Implementation of the mifigafion measures for the least Bell's vireo and southwestern willow flycatcher will mitigate impacts to these two species to less than significant. 5.3.5 Nesting Raptors Impacts to acfive raptor nests, if present, are considered significant. The enfire riparian area along Agua Hedionda Creek contains hundreds of trees and therefore is considered a suitable raptor nesting area. To avoid potential impacts to nesfing raptors, it is recommended that trees be removed between September 1 and January 31, outside of the breeding season of local raptor species. If tree removal must be conducted during the breeding season of February 1 to August 30, a raptor nest survey should be conducted by a qualified biologist prior to any removal to determine if any raptor nests are present. If an acfive raptor nest is discovered, a buffer should be established around RECON Page 71 Biological Technical Report for the Rancho Milagro Study Area the tree until the young are independent of the nest site. The required buffer is typically 300 feet. No construction acfivity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest. 5.4 Jurisdictional Areas USACE, CDFG, County, and RWQCB jurisdicfional areas are regulated by the federal, state, and local governments under a no-net-loss policy and all impacts are considered significant and need to be avoided to the greatest extent possible. Unavoidable impacts to jurisdictional resources may be authorized by USACE, CDFG, and RWQCB, and would require a permit authorizafion from USACE (Secfion 404 nationwide permit program), a 1602 Streambed Alterafion Agreement from CDFG, and a 401 State Water Quality Certification from RWQCB. Approved impacts to USACE, CDFG, and RWQCB jurisdictional areas would require mifigafion through habitat creation, enhancement, and/or preservafion to achieve a no-net-loss of jurisdicfional resources, as determined by a qualified restorafion specialist in consultafion with the regulatory agencies. Given the minimal impacts to wetlands, a nationwide permit will need to be obtained from USACE. The conceptual restoration plan provided in Attachment 3 proposes a total of 0.21 acre of riparian habitat to be restored in the northern portion of the site through the conversion of 0.21 acre of agricultural fields. In the event of a "frac-out," work will cease immediately and measures taken to contain any resultant slurry within as small of an area as possible. A qualified biologist will assess the impacts to natural resources and contact the City and appropriate resource agencies within 24 hours of the event. Additional mifigafion for impacts would be required, at a ratio of at least 3:1. The locafion and composition of this mitigation would be determined at the time of the impact, once the scope and nature of that impact is determined. 5.4.1 USACE Jurisdiction Impacts to USACE wetlands are typically mitigated at a rafio of 3:1, including habitat creafion at a minimum of a 1:1 mifigafion ratio. The remainder ofthe required mifigation can be mitigated using various methods, including addifional creation or enhancement. Therefore, mifigafion for 0.07 acre of impacts to southern willow scrub and sycamore/oak woodland wefiands will include a minimum of 0.07 acre of habitat creafion, and 0.14 acre of creation and/or enhancement of degraded wefiands. Purchase of credits in an approved mitigation bank is also a potential option, if available. Impacts to 0.001 acre of non-wetland waters of the U.S. Is typically at a 1:1 rafio and Includes creafion of similar habitat as that which Is impacted. RECON Page 72 Biological Technical Report for the Rancho Milagro Study Area 5.4.2 CDFG Jurisdiction Impacts to CDFG riparian habitat are typically mitigated at a ratio of 3:1, and impacts to streambed are mifigated at a 1:1 rafio and must include habitat creafion at a minimum of a 1:1 mitigation ratio. As required for impacts to USACE wetlands, the remainder of the required mifigafion can be mitigated using various methods, including addifional creafion, enhancement, or preservafion. Therefore, mifigation for 0.07 acre of impacts to CDFG riparian habitat and streambed will include a minimum of 0.07 acre of habitat creafion and 0.14 acre of creafion, preservafion, and/or enhancement of degraded wetlands. This mitigation overiaps and includes the mitigation required for impacts to USACE jurisdicfional wefiands. 5.4.3 City of Carlsbad Jurisdiction Impacts to 0.07 acre of City of Carisbad wetland habitat will need to be mifigated with 0.21 acre of habitat through creafion, enhancement, and/or preservafion. This mifigafion will be covered through the mifigafion required for impacts to USACE wefiands and CDFG riparian habitat. 5.5 Rancho Milagro Study Area within the HMP The development of the Rancho Milagro project will impact natural habitat patches and agricultural fields within a standards area and Core Area 5 in Zone 15. The development of the study area must show that the standards of Zone 15 will be met. These standards include conserving natural habitat patches of riparian habitat, coastal sage scrub, and agricultural fields within the study area to create a wildlife movement corridor for wildlife species moving through the study area to and from natural habitat patches on adjacent properties. As mentioned previously, impacts to wetland habitat within the unnamed tributary in the northern portion of the study area are necessary in order to provide access to the proposed development from the adjacent approved residenfial development (Cantarini Ranch). Because the HMP states that road projects that "cross a wetland must demonstrate that the crossing will occur at the narrowest and/or least sensitive location and that all feasible minimization measures have been employed" (City of Carisbad 2004a), the City of Carisbad recommended that the road alignment be shifted west to reduce impacts to the southern willow scrub (City of Carisbad 2004b). In response to these comments from the City of Carisbad (City of Carisbad 2004b), impacts to wefiand areas have been reduced from the original proposed site design (RECON 2004a) by realigning the road crossing from one of the widest portions of the southern willow scrub, approximately 50 feet west to the narrowest secfion of the southern willow scrub. Impacts to this wetland area were reduced from 0.22 acre to 0.05 acre. In response to RECON Page 73 Biological Technical Report for the Rancho Milagro Study Area comments from the City of Carisbad (City of Carisbad 2005a and 2005b), the buffer between the proposed lots and the unnamed tributary in the northwestern portion of the site has been increased to 100 feet along the entire length in compliance with the HMP planning standards for Zone 15 (City of Carisbad 2004a). Furthermore, in response to City comments (City of Carisbad 2007), two lots have been removed from the northern portion of the project site. In response to the City comments from January 2009 (City of Carisbad 2009a), the residenfial lots were reduced to remove any encroachment into the 100-foot wetland buffer. The proposed footprint now provides a confinuous 100-foot buffer except for the area where the access road crosses the southern willow scrub. In response to a City comment (City of Carisbad 2009b), the drainage oufiet from the biofiltration basin has been moved to the existing roadway. The 12-inch outlet pipe will require a 2-foot-wlde trench and will connect to the corrugated pipes that currently convey water underneath the concrete-lined drainage crossing. The work will not result In any grading Impacts to Agua Hedionda Creek. The total impact from this work is less than a hundredth of an acre to developed land and thus does not increase the total project impact. The project has also been designed to preserve 5.95 acres (70 percent) of all coastal sage scrub within the total project ownership. This is in compliance with the goals for overall preservation of 67 percent of coastal sage scrub within the standards areas as identified in the HMP (City of Carisbad 2004a). Restorafion within the preserved open space will also be implemented to comply with the no-net-loss standard for coastal sage scrub in Zone 15 and to comply with the requirement to restore open space within the 100-foot wetland buffer (City of Carisbad 2004a). In addifion, the proposed crossing will be a Con-Span or similar three-sided 12-foot-by- 5-foot product that will span the creek while maintaining a soft soil bottom that will allow for natural flow of the creek beneath the crossing. Given the dimensions of the 60-foot long crossing, the openness factor will be 1.0, which is larger than the minimum value of 0.6 requested by the wildlife agencies. This openness factor is what enables wildlife to move under the road. Lastly, all non-nafive lands within the northern wetland buffer will be restored to either coastal sage scrub or riparian scrub, in compliance with the HMP Zone 15 Planning Standards for no-net loss of these resources. Attachment 4 provides the HMP Consistency Findings developed for this project to demonstrate how the project conforms to the City of Carisbad's HMP. RECON Page 74 Biological Technical Report for the Rancho Milagro Study Area 6.0 References Cited American Ornithologists' Union 1998 Check-list ofNorth American Birds. 7th ed. Washington, D.C. Beauchamp, M. R. 1986 A Flora of San Diego County, California. Sweetwater River Press Publicafion. Beier, P., and S. Loe 1992 A Checklist for Evaluafing Impacts to Wildlife Movement Corridors. Wildlife Society Bulletin 20:434-440. California Department of Fish and Game (CDFG) 1991 Fish and Game Code of California. Gould Publicafions, Inc. California, State of 2008a Special Vascular Plants, Bryophytes, and Lichens List. Natural Diversity Data Base. Department of Fish and Game. October. 2008b Special Animals. Natural Diversity Data Base. Department of Fish and Game. February. 2008c State and Federally Listed Endangered and Threatened Animals of California. The Resources Agency, California Department of Fish and Game. October. 2008d State and Federally Listed Endangered, Threatened, and Rare Plants of California. The Resources Agency, California Department of Fish and Game. October. 2008e Natural Diversity Data Base. Nongame-Heritage Program, California Department of Fish and Game, Sacramento. California Nafive Plant Society (CNPS) 2001 Inventory of Rare and Endangered Plants of California. California Native Plant Society Special Publication No. 1, 5th edifion. Sacramento. Carisbad, City of 1990 Landscape Manual. November. 2000 Final Mifigated Negative Declarafion for the South Agua Hedionda Sewer (Environmental Impact Assessment 97-05; City of Carisbad Resolufion 2000- 106). April 4. ' RECON Page 75 Biological Technical Report for the Rancho Milagro Study Area 2004a Habitat Management Plan for Natural Communifies in the City of Carisbad. December. 2004b GPA 04-19/ZC 04-14/LFMP 15(D)/CT 04-24/HDP 04-11 - Rancho Milagro Project Review. City of Carisbad Planning Department. December 10. 2005a GPA 04-19/ZC 04-14/CT 04-24/SUP 05-05/HDP 04-11 - Rancho Milagro Project Review. City of Carisbad Planning Department. May 20. 2005b GPA 04-19/ZC 04-14/CT 04-24/SUP 05-05/HDP 04-11 - Rancho Milagro. City of Carisbad Planning Department. September. 2007 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01 - Rancho Milagro. City of Carisbad Planning Department. April 30. 2009a GPA 06-03/ZC 06-02/CT 06-04/HDP 06-01/SUP 06-05 - Rancho Milagro. City of Carisbad Planning Department. January 20. 2009b GPA 06-03/ZC 06-02/CT 06-04/HDP 06-01/SUP 06-05 - Rancho Milagro. City of Carisbad Planning Department June 22. Crother, B.l. 2001 Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico, with Comments Regarding Confidence in our Understanding. SSAR Herpetological Circular 29. iil + 82 pp. Crother, B. I., J. Boundy, J. A. Campbell, K. De Quieroz, D. Frost, D. M. Green, R. HIghton, J. B. Iverson, R. W. McDiarmid, P. A. Meylan, T. W. Reeder, M. E. Seidel, J. W. Sites, Jr., S. G. Tilley, and D. B. Wake 2003 Scientific and Standard English Names of Amphibians and Repfiles of North America North of Mexico; Update. Herpetological Review 34(3), 196-203. Eckerie, K. P., and C. F. Thompson 2001 Yellow-breasted Chat {Icteria virens). In 777e Birds of North America, no. 575, edited by A. Poole and F. Gill. The Birds of North America, Inc., Philadelphia. Franzreb, K. E. 1989 Ecology and Conservation of the Endangered Least Bell's Vireo. U.S. Fish and Wildlife Service Biological Report 89(1). Garrett, K., and J. Dunn 1981 Birds of Southern California. Artisan Press, Los Angeles. RECON Page 76 Biological Technical Report for the Rancho Milagro Study Area GMP Inc. 2009 Landscape Architectural Concept Plan. Geotechnical Exploration Inc. 2009 Report of Preliminary Geotechnical Invesfigafion. Hall, E. R. 1981 The Mammals ofNorth America. 2d ed. 2 vols. John Wiley & Sons, New York. Harmsworth Associates 1999 Wefiand/Riparian and Grassland Species Reports, Orange County Central/Coastal NCCP Subregion. Report to the County of Orange, the Transportafion Corridor Agencies, the Metropolitan Water District of Southern California, the Irvine Ranch Water District, the Sanfiago County Water District, Edison Internafional, and the Irvine Company. Hickman, J. C. (editor) 1993 The Jepson Manual: Higher Plants of California. University of California Press, Berkeley and Los Angeles. Holland, R. F. 1986 Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. October. Hughes, J. M. 1999 Yellow-billed cuckoo {Coccyzus americanus). In The Birds of North America, no. 418, edited by A. Poole and F. Gill. The Birds of North America, Inc., Philadelphia. Jennings, M. R., and M. P. Hayes 1994 Amphibian and Reptile Species of Special Concern in California. California Department of Fish and Game. Rancho Cordova, California. Jones, J. K., D. C. Carter, H. H. Genoways, R. S. Hoffman, and D. W. Rice 1982 Revised Checklist of North American Mammals North of Mexico. Occasional Papers ofthe Museum, Texas Tech University 80".^-22. Jones, C, R. S. Hoffman, D. W. Rice, R. J. Baker, M. D. Engstrom, R. D. Bradley, D. J. Schmidly, and C. A. Jones 1997 Revised Checklist of North American Mammals North of Mexico. Occasional Papers, Museum of Texas Tech University No. 173. December. RECON Page 77 Biological Technical Report for the Rancho Milagro Study Area Lowther, P. E., C. Celada, N. K. Klein, C. C. Rimmer, and D. A. Specter 1999 Yellow Warbler {Dendroica petechia). In The Birds of North America, no. 454, edited by A. Poole and F. Gill. The Birds of North America, Inc., Philadelphia. MacWhirter, R. B., and K. L. Bildstein 1996 Northern Harrier {Circus cyaneus). In The Birds of North America, no. 210, edited by A. Poole and F. Gill. The Birds of North America, Inc., Philadelphia. Manitou Engineering Company 2009 Storm Water Management Plan. MattonI, R. 1990 Butterflies of Greater Los Angeles. The Center for the Conservafion of Biodiversity/Lepidoptera Research Foundafion, Inc. Beveriy Hills, CA. Munz, P. A. 1974 A Flora of Southern California. University of California Press, Berkeley. Nafional Geographic Society 1983 Field Guide to the Birds of North America. 2nd ed. National Geographic Society, Washington, D.C. OpIer, P. A., and A. B. Wright 1999 A Field Guide to Western Butterflies. Peterson Field Guide Series. Houghton Mifflin, Boston. RECON 2003a Biological Resources Report and Impact Analysis for the Cantarini Ranch Property, Carisbad, California. February. 2003b Biological Resources Report and Impact Analysis for the Holly Spring Project, Carisbad, California. February. 2004a Biological Technical Report for the Rancho Milagro Site. June. 2004b Wefiand Delineation Report for the Rancho Milagro Site. June. 2005a Post-Survey Nofification—Focused Survey Results for the Coastal California Gnatcatcher, Least Bell's Vireo, and Southwestern Willow Flycatcher on the Rancho Milagro Study Area in the City of Carisbad, California. July. 2005b Revised Biological Technical Report for the Rancho Milagro Site. April. RECON Page 78 Biological Technical Report for the Rancho Milagro Study Area U.S. Fish and Wildlife Service (USFWS) 1993 Proposed Rule to List the Southwestern Willow Flycatcher as Endangered With Crifical Habitat. Vol. 58, No. 140. 50 CFR Part 17. July 23. 1995 Endangered and Threatened Wildlife and Plants; Final Rule Determining Endangered Status for the Southwestern Willow Flycatcher; Southern California, Southern Nevada, Southern Utah, Arizona, New Mexico, Western Texas, Southwestern Colorado, and extreme Northwestern Mexico. Vol. 58, No. 147. 50 CFR Part 17. February 27. 1996 Endangered and Threatened Wildlife and Plants; Determinafion of Endangered or Threatened Status for Four Southern Maritime Chaparral Plant Taxa from Coastal Southern California and Northwestern Baja California, Mexico; Final Rule. Fecfera/Reg/ste/-61(195):52370-52384, October 7. 1997a Endangered and Threatened Wildlife and Plants; Final Determinafion of Crifical Habitat for the Southwestern Willow Flycatcher. Vol. 62, No. 140. 50 CRF Part 17. July 22. 1997b Coastal California Gnatcatcher Presence/Absence Survey Protocol. 1998 Endangered and Threatened Wildlife and Plants; Determination of Endangered or Threatened Status for Four Southwestern California Plants from Vernal Wefiands and Clay Soils. Federal Register 63(197): 54975 - 54994. October 13. 1999 Arroyo Toad {Bufo californicus) Recovery Plan. Portland, Oregon. 2000 Survey Protocol for the Southwestern Willow Flycatcher, Revised. July 11. 2001 Least Bell's Vireo Survey Guidelines. January 19. 2002 Quino Checkerspot Butterfly {Euphydryas editha quino) Survey Protocol Informafion. February. U.S. Geological Survey (USGS) 1997 San Luis Rey Quadrangle 7.5-Minute Topographic Map. Unitt, P. A. 1984 Birds of San Diego County. Memoir No. 13. San Diego Society of Natural History. RECON Page 80 Biological Technical Report for the Rancho Milagro Study Area 2004 San D;ego County Bird Atlas. Proceedings of the San Diego Society of Natural History, No. 39. San Diego Natural History Museum. RECON Page 81 ATTACHMENTS RECON ATTACHMENT 1 RECON ATTACH IVIENT 1 PLANT SPECIES OBSERVED ON THE RANCHO IVIILAGRO STUDY AREA Scientific Name Common Name Habitat Origin Adenostoma fasciculatum Hook. & Arn. Adolphia californica Wats. Ambrosia psilostachya DC. Anagallis arvensis L. Anemopsis califomica (Nutt.) Hook. & Arn. Apium graveolens L. Artemisia califomica Less. Artemisia douglasiana Besser Artemisia dracunculus L. Arundo donax L. Atriplex semibaccata R.Br. Avena sp. Baccharis emoryi A. Gray Baccharis pilularis DC. Baccharis salicifolia (Ruiz Lopez & Pavon) Pers. Baccharis sarothroides A. Gray Bloomeria crocea (Torrey) Cov. Brassica nigra (L.) Koch Bromus diandrus Roth. Bromus madritensis L. ssp. rubens (L.) Husnot Camissonia californica (T.& G.) Raven Carex spissa Bailey Carduus pycnocephalus L. Centaurea melitensis L. Chamaerops humilis L. Chenopodium album L. Chlorogalum parviflorum Wats. Claytonia perfoliate Willd. Conium maculatum L. Conyza bonariensis (L.) Cronq. Conyza canadensis (L.) Cronq. Chamise California adolphia, spineshrub Western ragweed Scariet pimpernel, poor-man's weatherglass Yerba mansa Celery California sagebrush Mugwort Tarragon Giant reed Australian saltbush Wild oats Chaparral broom Coyote bush Mule fat, seep-willow Broom baccharis Common goldenstar Black mustard Ripgut grass Foxtail chess False-mustard San Diego sedge Italian thisfie Tocolote, star-thistle Mediterranean fan palm Lamb's quarters, pigweed Amole, soap plant Miner's lettuce Poison hemlock Flax-leaf fleabane Horseweed CSS N DCSS N DIST N DIST, CLOW I FWM N SWS I CSS, DCSS N SOW N FWM N DIST, SOW 1 DIST I DIST, CSS, DCSS I CSS,SOW N CSS, DCSS, SOW,CLOW N MPS, SOW N CSS, DCSS N CSS N CSS, DCSS, DIST, GLOW, 1 EUC CSS, DCSS, DIST, EUC 1 SOW, AG, CLOW 1 SOW N SWS, SOW N SWS, AG 1 CSS, DCSS, DIST 1 SWS I DIST, SWS I CSS N SOW N CSS, SWS 1 DIST I DIST, SOW N RECON ATTACHMENT 1 PLANT SPECIES OBSERVED ON THE RANCHO MILAGRO STUDY AREA (continued) Scientific Name Common Name Habitat Origin Cordylanthus rigidus (Benth.) Jepson ssp. setigerus Chuang & Heckard Cortaderia selloana (Schultes) Asch. & Graebner Cryptantha intermedia (A. Gray) E. Greene Cynara cardunculus L. Cynodon dactylon (L.) Pers. Cyperus sp. Datura wrightii Regel Dichelostemma capitatum Alph. Wood Distichlis spicata (L.) E. Greene Encelia califomica Nutt. Equisetum arvense L. Eremocarpus setigerus (Hook.) Benth. Eriogonum fasciculatum Benth. var. fasciculatum Eriogonum gracile Benth. Erodium sp. Eucalyptus spp. Foeniculum vulgare Mill. Fraxinus sp. Heliotroplum curassavicum L. Hemizonia fasciculate (DC.) Torrey & A. Gray Heteromeles arbutifolia (Lindley) Roemer Heterotheca grandiflora Nutt. Hirschfeldia incana (L.) Lagr.-Fossat Isocoma menziesii (Hook. & Arn.) G. Nesom Isomeris arborea Nutt. Juncus sp. Juncus acutus L. ssp. leopoldii (Pari.) Snog. Lolium multiflorum Lam. Lonicera subspicata Hook. & Arn. var. denudata Rehd. Lotus scoparius (Nutt. in Ton-ey & A. Gray) Ottley var. scoparius Leymus condensatus (C. PresI) A. Love Malacothamnus fasciculatus (Torrey & A. Gray) E. Greene Thread-leaved bird's-beak Selloa pampas grass Nievita Artichoke thisfie Bermuda grass Nutsedge Jimson weed Blue dicks Saltgrass Common encelia Common horsetail Dove weed California buckwheat Slender buckwheat Filaree, storksbill Eucalyptus Fennel Ash Salt heliotrope Golden tarplant Toyon, Christmas berry Telegraph weed Short-pod mustard Coast goldenbush Bladderpod Rush Spiny rush Italian ryegrass Wild honeysuckle California broom Giant ryegrass Chaparral mallow DIST N SWS 1 CSS N DIST 1 DIST 1 SWS, FWM N D1ST,S0W N CSS N DIST, SWS N CSS, DCSS N SWS, SOW N DIST N CSS, DCSS N DIST, CSS N D1ST,CSS 1 EUC 1 DIST, CSS, SOW, CLOW I SOW 1 SWS, FWM, DIST N CSS, DCSS, DIST N CLOW, CSS, SOW N DIST N DIST 1 CSS, DCSS, DIST N CSS N FWM N FWM N CLOW 1 CSS, SOW, CLOW N CSS, DCSS N SOW N CSS N RECON ATTACHMENT 1 PLANT SPECIES OBSERVED ON THE RANCHO MILAGRO STUDY AREA (continued) Scientific Name Common Name Habitat Origin Malosma laurina (Nutt.) Abrams Laurel sumac CSS N Marah macrocarpus (E. Greene) E. Greene Wild cucumber CSS, SOW N Marrubium vulgare L. Horehound DIST, CSS 1 Mimulus aurantiacus Curtis Bush monkeyflower CSS N Mirabilis califomica A. Gray Wishbone bush CSS N Nassella pulchra (A. Hitchc.) Barkworth Purple needlegrass CSS N Nerium oleander L. Oleander SOW 1 Nicotiana glauca Grab. Tree tobacco DIST, SWS 1 Opuntia littoralis (Engelm.) Cockerell. Shore cactus CSS, SOW N Oxa//s pes-caprae L. Bermuda buttercup SOW 1 Picris echioides L. Brisfiy ox-tongue DIST 1 Platanus racemosa Nutt. Western sycamore SOW N Pluchea odorata (L.) Cass. Salt marsh fleabane SWS N Polypogon monspeliensis (L.) Desf. Annual beard grass SWS 1 Populus fremontii V^aXs. ssp. fremontii Fremont cottonwood, alamo SOW N Quercus agrifolia Nee Coast live oak, Encina CLOW, CSS, SOW N Quercus dumosa Nutt. Nuttall's scrub oak CLOW N Raphanus sativus L. Radish CSS 1 Rhus integrifolia (Nutt.) Brewer & Watson Lemonadeberry CSS N Ribes speciosum Pursh. Fuchsia-flowered gooseberry SOW N Ricinus communis L. Castor bean SWS, SOW 1 Rorippa nasturtium-aquaticum (L.) Hayek Water cress SWS 1 Rosa califomica C. & S. California rose SWS, SOW N Rubus ursinus C. & S. California blackberry SOW N Rumex crispus L. Curiy dock SWS, FWM 1 Salicomia virginica L. Pickleweed SWS N Salix gooddingii C. Ball. Goodding's black willow SOW N Salix lasiolepis Benth. Arroyo willow SWS, SOW N Salsola tragus L. Russian thistle, tumbleweed CSS, DCSS, DIST 1 Sa/wa mellifera E. Greene Black sage CSS, SOW N Sambucus mexicana C. Presl Blue elderberry CLOW, CSS, SOW N Schinus molle L. Peruvian pepper tree CSS 1 Scirpus californicus (CA. Mey.) Steudel. California bulrush FWM N RECON ATTACHMENT 1 PLANT SPECIES OBSERVED ON THE RANCHO MILAGRO STUDY AREA (continued) Scientific Name Common Name Habitat Origin Sisyrinchium bellum Wats. Blue-eyed-grass CLOW N Solanum parishii A.A. Heller Parish's nightshade CSS N Sonchus oleraceus L. Common sow thistle SOW, CLOW 1 Stephanomeria virgata (Benth.) ssp. virgata Slender stephanomeria CSS N Toxicodendron diversilobum (Torrey & A. Gray) E. Greene Western poison oak SOW N Typha sp. Cattail FWM, SWS N Urtica dioica L. ssp. holosericea (Nutt.) Thorne Hoary nettle AG N Washingtonia robusta Wendl. Washington palm SOW 1 Xanthium strumarium L. Cocklebur DIST 1 Yucca schidigera K.E. Ortgies Mohave yucca CSS N HABITATS AG Agriculture CSS = Coastal sage scrub DCSS = Disturbed coastal sage scrub DIST = Disturbed EUC = Eucalyptus woodland FWM = Freshwater marsh MPS = Mule fat scrub CLOW = Coast live oak woodland SWS = Southern willow scrub SOW = Sycamore/oak woodland ORIGIN N = Native to locality I = Introduced species from outside locality RECON ATTACHMENT 2 RECON ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED ON THE RANCHO MILAGRO STUDY AREA Common Name Scientific Name Occupied Habitat Status Evidence of Occurrence Invertebrates (Nomenclature from Mattoni 1990 and Opler and Wright 1999) Western tiger swallowtail Papilio rutulus rutulus Cabbage white Pieris rapae Red admiral Vanessa atalanta rubria West coast lady Vanessa annabella Mourning cloak Nymphalis antiopa antiopa California sister Adelpha bredowii Behr's metalmark Apodemia mormo virguiti Amphibians (Nomenclature from Crother 2001 and Crother et al. 2003) Pacific treefrog Pseudacris regilla California treefrog Pseudacris cadaverina Reptiles (Nomenclature from Crother 2001 and Crother et al. 2003) Western fence lizard Sceloporus occidentalis Granite spiny lizard Sceloporus orcutti Birds (Nomenclature from American Ornithologists' Union 1998 and Unitt 1984) Great blue heron White-tailed (= black-shouldered) kite Northern harrier Cooper's hawk Red-tailed hawk American kestrel California quail Killdeer Mourning dove Anna's hummingbird Acorn woodpecker Nuttall's woodpecker Ardea herodias herodias Elanus leucurus Circus cyaneus hudsonius Accipiter cooperii Buteo jamaicensis Falco sparverius Callipepla califomica californica Charadrius vociferus vociferus Zenaida macroura marginella Calypte anna Melanerpes formicivorus bairdi Picoides nuttallii CLOW, SWS CLOW, DIST CSS CSS CLOW, SWS SWS CSS, DCSS SWS SWS CSS CLOW, CSS CLOW SOW AG CLOW, CSS, DIST, F SOW, F CLOW, SWS, AG CSS AG DCSS, F DCSS, SOW SOW CLOW, SOW CFP,* CSC, MSCP CSC, MSCP 0 0 0 0 O O O V V O O 0 0 0 O o o V o 0 0 o o RECON ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED ON THE RANCHO MILAGRO STUDY AREA (continued) Common Name Scientific Name Occupied Habitat Status Evidence of Occurrence Northern flicker Colaptes auratus SOW 0 Black phoebe Sayornis nigricans semiatra DIST 0 Say's phoebe Sayornis saya AG 0 Western scrub-jay Aphelocoma californica CSS, SOW 0 American crow Corvus brachyrhynchos hesperis F 0 Common raven Corvus corax clarionensis SOW, F 0 Bewick's wren Thyromanes bewickii CSS V Lesser goldfinch Carduelis psaltria hesperophilus SOW, SWS 0 House finch Carpodacus mexicanus frontalis CSS, SOW, AG 0 European starting Stumus vulgaris SOW, DIST 0 Orange-crowned warbler Vermivora celata SWS V Yellow warbler Dendroica petechia SWS CSC V Yellow-breasted chat Icteria virens auricollis SOW, SWS CSC 0 Common yellowthroat Geothlypis trichas SOW, SWS 0 Black-headed grosbeak Pheucticus melanocephalus maculatus SOW, SWS V Spotted towhee Pipilo maculatus CSS, SOW 0 California towhee Pipilo crissalis CSS, DCSS 0 Song sparrow Melospiza melodia DCSS 0 Brown-headed cowbird Molothrus ater SOW, SWS 0 Mammals (Nomenclature from Jones etal. 1997) California ground squirrel Spermophilus beecheyi CSS, DCSS, DIST, AG 0,B Southern pocket gopher Thomomys umbrinus (= bottae) DIST, AG B Cottontail rabbit Sylvilagus audubonii CSS, AG 0 Raccoon Procyon lotor SWS T Coyote Canis latrans SOW S Mule deer Odocoileus hemionus fuliginata SWS MSCP T RECON ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED ON THE RANCHO MILAGRO STUDY AREA (continued) Habitats AG = Agricultural fields CSS = Coastal sage scrub DCSS = Disturbed coastal sage scrub F = Flying overhead SOW = Sycamore/oak woodland CLOW = Coast live oak woodland DIST = Disturbed land SWS = Southern willow scrub Evidence of Occurrence Status CFP CSC MSCP V O T S B Vocalization Observed Track Scat Burrow California fully protected species California Department of Fish and Game species of special concern Multiple Species Conservation Program target species list Taxa listed with an asterisk fall Into one or more of the following categories: • Taxa considered endangered or rare under Section 15380(d) of CEQA guidelines • Taxa that are biologically rare, very restricted in distribution, or declining throughout their range • Population(s) in California that may be peripheral to the major portion of a taxon's range, but which are threatened with extirpation within California • Taxa closely associated with a habitat that is declining in California at an alarming rate (e.g., wetlands, riparian, old growth forests, desert aquatic systems, native grasslands) RECON ATTACHMENT 3 RECON 1927 Fifth Avenue 525 W. Wetmore Rd., Suite 111 San Diego, CA 92101-2357 Tucson, AZ 85705 P 619.308.9333 F 619.308.9334 P 520.325.9977 F 520.293.3051 www.recon-us.com lECON A Company of Specialists April 19, 2011 Mr. Warren Lyall Lyall Enterprises, Inc. 15529 Highway 76 Pauma Valley, CA 92061 Reference: Revised Conceptual Restoration Design for Rancho Milagro (RECON Number 3889-IB) Dear Mr. Lyall: This letter provides a revised conceptual habitat creation design, implementation techniques, and a long-term maintenance and monitoring strategy for upland and wetland habitat mitigation for the Rancho Milagro Study Area located in Carisbad, California (Figures 1 and 2). The proposed development includes the construction of housing developments that would require mitigafion to upland coastal sage scrub and riparian wefiand habitats. This letter is intended to provide the general framework that a mitigafion plan will address in more detail. This revision is based on the latest project design and impact analysis detailed in the revised biological technical report (RECON 2011). The proposed development ofthe Rancho Milagro Study Area will result in the loss of 0.05 acre of southern willow scrub habitat, 0.02 acre of sycamore/oak woodland, 0.02 acre of coast live oak woodland, 0.001 acre of streambed, and 2.56 acres of Diegan and disturbed coastal sage scrub habitats, impacts to which are considered significant and require mifigafion. The purpose ofthis mitigafion is to replace funcfions and habitat values lost by impacts to sensitive uplands, wefiands, and non-wefiand jurisdictional waters. The quality of the created habitat will exceed that of the existing sensitive habitats being impacted. This mitigation will create a minimum of 0.21 acre of wefiand habitat in place of the jurisdictional habitat impacted on-site. The impacts to coastal sage scrub will be mifigated through the preservafion of 70 percent of the coastal sage scrub habitat on- site and through creafion of 2.94 acres of Diegan coastal sage scrub within the northern open space lots on-site to ensure a no-net-loss of this sensitive habitat. This proposed mitigation would provide for a net increase in Map Source: USGS 7.5 minute topographic map series, SAN LUIS REY quadrangle, Agua Hedionda Land Grants Study Area RECON FIGURE 2 Project Location on USGS Map M:\jobs2\3889-1\common_gis\fig2.mxd 10/14/08 Mr. Warren Lyall Page 4 April 19, 2011 coastal sage scrub and wefiand acreages, and an increase in habitat values beyond extant condifions. On December 7, 2007, RECON restorafion biologist Peter Tomsovic conducted a site visit to assess potenfial on-site upland and wefiand mitigation areas. RECON had inifially mapped areas suitable for mifigafion (RECON 2007). These were inspected and evaluated for their mitigafion potential (Figure 3). Areas considered suitable for wetland mitigation were determined by adjacency to exisfing wefiand areas that will not be temporarily or permanenfiy impacted during project construction. Upland areas were examined for degree of disturbance and connectivity with other native habitats. One location has been identified in the proposed available on-site open space for wefiand and/or riparian creation and enhancement, while several areas are suitable for upland Diegan coastal sage scrub restorafion (Figure 4). A minimum of 0.21 acre of potenfial wefiand and riparian habitat could be created adjacent to an existing tributary of Agua Hedionda Creek. This is proposed on the west end ofthe project north ofthe drainage. The creation of 0.07 acre, representing a 1:1 mitigation rafio, will be accomplished outside ofthe 100-foot wefiand habitat buffer (see Figure 4). The remaining 0.14 acre (2:1 mitigation ratio) wili be conducted within the buffer and will serve to connect the restoration outside of the buffer to the existing drainage. Restorafion of 2.94 acres of Diegan coastal sage scrub would consist of converting agricultural fields, developed lands, and non-native grasslands into native habitat (see Figure 4). All of these areas have soil types suitable for the habitats being restored/created. The wefiand/riparian habitat could be created by recontouring the land such that seasonal storm flows from the adjacent creek would top the creek banks and flood the creation area. This seasonal flooding and the existing shallow water table could support the desired habitat types. After the site is recontoured, the area would be planted with container stock grown from locally collected seed. Depending on the habitat type, up to 2,300 container plants per acre would be planted. An irrigafion system would be installed to provide temporary water during dry summer months unfil the plants have become established. The upland areas would be prepared by removing all ofthe thatch and weeds and then planting up to 2,800 container plants per acre. An irrigafion system would be installed to help the plants become established. Following implementafion, an intensive 5-year maintenance program would be implemented to ensure the successful establishment of the target habitat type. Maintenance measures would focus on weed management, particulariy in the first two to three years. All weeds would be removed prior to setting seed by personnel who are trained to distinguish weeds from native plants in all phases of growth. A 5-year monitoring program would also be established with interim and final performance goals to measure the success of the mifigafion project. Performance goals would be established in relation to reference sites that contain the target habitat types being created. Qualitative and quantitative monitoring would be conducted to measure plant density, diversity, and structure ofthe mitigation sites. Annual reports would be prepared to summarize monitoring data, maintenance activities, and whether the performance goals are being reached. A secfion of the annual report would include recommendafions for future management acfions and remedial measures that may be necessary to achieve final performance goals. Upon achieving all performance goals, the project would be verified by the permitting agencies and be considered complete. Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) RECON study Area Project Impact Wetland Mitigation for Ten-aces at Sunny Creek ^ Proposed Riparian Mitigation Area l' 100 ft Wetland Buffer Pv^ Proposed Natural Open Space Vegetation Communities Proposed Coastal Sage Scrub Restoration Area Coast live oak woodland Coastal sage scrub Disturbed coastal sage scrub Eucalyptus woodland Freshwater marsh Mule fat scrub Southern willow scrub Sycamore/Oak woodland Agriculture Non-native grasslands Developed 0 Feet 250 FIGURES Available On-site Mitigation Land M:\JOBS2\3889-1\common_gis\fig3_bltr.mxd 4/5/2011 Image source: Copyright 2008 GlobeXplorer, LLC, All Rights Reserved (flown Jan 2008) Study Area Project Impact Plan Lines Proposed Coastal Sage Scrub Restoration Area Proposed Riparian Mitigation Area }' /l 100 ft Wetland Buffer Vegetation Communities Coast live oak woodland Coastal sage scrub Disturbed coastal sage scrub Eucalyptus woodland Freshwater marsh Mule fat scrub Southern willow scrub Sycamore/Oak woodland Agriculture Non-native grasslands Developed FIGURE 4 Proposed Restoration Areas M:\JOBS2\3889-1\common_gis\fig4_bltr.mxd 4/5/2011 Mr. Warren Lyall Page 7 April 19, 2011 An esfimated cost associated with upland and wefiand mitigation has been prepared and is broken down by habitat type. This cost does not include earth-moving activifies that are likely necessary for the riparian wetland creation area. It is recommended that the earth-moving contractor include this area in their scope of work, as they will have the equipment on-site to conduct the necessary grading. Rancho Milagro Mitigation Cost Estimate Task Diegan Costal Sage Scrub Wefiand Riparian Total Implementation $85,100 $8,025 $93,125 Year 1 Maintenance, $28,850 $3,100 $31,950 Monitoring, and Reporting Year 2 Maintenance, $21,625 $2,575 $24,200 Monitoring, and Reporting Year 3 Maintenance, $18,550 $2,375 $20,925 Monitoring, and Reporting Year 4 Maintenance, $16,475 $2,175 $18,650 Monitoring, and Reporting Year 5 Maintenance, $13,400 $2,050 $15,450 Monitoring, and Reporting TOTAL $184,000 $20,300 $204,300 Note: Numbers do not include the gradlng/recontouring or in-igation costs. These would be calculated once a final restoration design is developed and approved. There is a high potenfial for successful Diegan coastal sage scrub restorafion and riparian wefiand creation that will meet the mifigation requirements for the Rancho Milagro proposed development. Suitable mitigation sites have been identified, and a formal mifigation plan will be developed upon concurrence of the proposed locafions and the approach described in this letter. If you have any questions regarding habitat restoration on the Rancho Milagro Study Area, please call Wendy Loeffler or me at (619) 308-9333. Respectfully, Peter a: Tomsovic Principal, Restorafion Team cc: Jack Henthorn, Henthorn & Associates References Cited RECON 2007 Revised Biological Technical Report for the Rancho Milagro Study Area, Carlsbad, California. July 17. 2011 Revised Biological Technical Report for the Rancho Milagro Study Area, Carisbad, California. April. ATTACHMENT 4 RECON ATTACHMENT 4 HMP CONSISTENCY FINDINGS FOR RANCHO MILAGRO These findings have been prepared to demonstrate that the proposed Rancho Milagro project is consistent with the City of Carisbad Habitat Management Plan (HMP; City of Carisbad 2004a). The detail provided below is a supplement to the Information provided In the revised biological technical and wetland delineation reports prepared by RECON (2010 and 2009).The HMP planning standards identified for Zone 15 are included below (in boldface) with findings about how the project complies. Exhibit 1 places the proposed project in context with the HMP, and Exhibit 2 provides a conceptual hardline map of the project. 1. Maintain and enhance a habitat linkage across Linkage Area C and adjoining portions of Core Areas 3 and 5 that averages between 500 and 1,000 feet wide, with a minimum width of no less than 500 feet. Emphasis should be on improving gnatcatcher habitat within the linkage. This standard is not applicable to the Rancho Milagro project, since the project site is not within Linkage Area C or the adjoining portions of Core Areas 3 and 5. As addifional information, there is a finger of Core Area 5 present on the southern half of the project site that primarily encompasses the Agua Hedionda Creek riparian corridor. This is not direcfiy a part of the habitat linkage between Core Area 3, Linkage Area C, and Core Area 5 but does serve to increase the open space protection of Core Area 5. With the excepfion of approximately 1.9 acres that are clustered on the northern and western edges of the portion of Core Area 5, the project proposes to maintain all of this as preserved open space. In fact, the southern 16.3 acres, predominately riparian habitat, of this area was previously dedicated as open space to mitigate for wetland/riparian impacts from the adjacent Terraces at Sunny Creek project. The additional open space that will be added from the current proposed project within Core Area 5 includes 3.67 acres of coastal sage scrub, which would increase the amount of potenfial gnatcatcher habitat within Core Area 5. In addition to the portion of the site within Core Area 5, the northeastern corner of the site abuts Linkage Area C. This northern area will be maintained as open space, including 1.21 acres of exisfing coastal sage scrub, and will be restored to include an additional 2.94 acres of coastal sage scrub and 0.21 acre of riparian habitat, which further connects the Linkage Area C through hardline open space to Cantarini Ranch to the north. RECON Page 1 100 foot buffer from wetland habitat Con-span or similar, three-sided pre-fab concrete soft-bottom wildlife crossing, 12' x 5'. 30' Private Road and Public Ufility Easement Sewer connection to be made through jack-and-bore method under Agua Hedonia Creek. All other sewer line segments installed through tradifional trenching methods. 30' Private Road and Public Utility Easement RECON Feet 250 o Vegetation Communities Coast live oak woodland Coastal sage scrub I Disturbed coastal sage scrub Eucalyptus woodland J Freshwater marsh Mule fat scrub I Southern willow scrub I Sycamore/Oak woodland I Agriculture Non-native grasslands I Developed HMP Open Space Designations Hardline Open Space Proposed Standards Area Onsite Mitigation Proposed Project Footprint Wefiand Mifigafion for Terraces at Sunny Creek I \ i Proposed Natural Open Space I .' I Proposed Coastal Sage Scrub Restorafion Area kXXl Proposed Riparian Mitigation Area i J Proposed Project Hardline Open Space f '~ ] 100 ft Wefiand Buffer 5' Meandering Trail Exhibit 1 HMP Hardlines for Rancho Milagro M:\JOBS2\3889-ncommon_gis\ex1.mxd 4/5/2011 Image source: Copyright 2006 GlobeXplorer, All Rights Reserved (flown Jan 2006) Rancho Milagro Study Area Adjacent Properties Boundary Carisbad HMP Proposed Conservation Areas V/\ Core Area #3 Core Area #5 IxX'^i Linkage Area C Proposed Rancho Milagro Impact Area Proposed Rancho Milagro Hardline Open Space HMP Open Space Designations Hardline Open Space Proposed Standards Area RECON 0 Feet 1,000 Exhibit 2 HMP Consistency Findings M:\jobs2\3889-1\common_gis\ex2.mxd 03/09/10 Areas of upland habitat outside of the designated Linkage Area C may be taken in exchange for restoration and enhancement inside the linkage, as long as the result is no net loss of coastal sage scrub and the associated gnatcatcher population within the southern portion of the zone. The project site is not within Linkage Area C and thus impacts to coastal sage scrub are mitigated on-site as to meet the no-net-loss standard. Impacts to 2.56 acres of coastal sage scrub will be mitigated through the preservation of 5.95 acres of coastal sage scrub within the total project ownership and the conversion of 2.94 acres of agricultural flelds, developed land, and non-nafive grassland to coastal sage scrub within the northern open space lots. As addifional informafion, the northern portion of the project is proposed as an open space area that is connected to Linkage Area C via a designated hardline area on the property to the north (Cantarini Ranch). The vegetafion communifies within the open space lot include both riparian and upland areas with a few small patches of Diegan coastal sage scrub. A total of 2.94 acres of coastal sage scrub will also be created within the northern open space on-site through conversion of 1.50 acres of agricultural lands, 0.04 acre of developed land, and 1.40 acres of non-native grassland. In addifion, the southern open space lots (Lot #21 and Lot #20 and a portion of Lot #23) includes several patches of coastal sage scrub to be preserved for a total of 8.89 acres of coastal sage scrub in preserved and restored open space. These areas are located within Core Area 5, which connects to Linkage Area C. Creation of linkage should utilize patches of existing habitat to the maximum extent practicable. Creation of the linkage must utilize patches of existing habitat within the identified linkage alignment. The northern portion of the project is proposed as an open space area (Lots #23 and 24) that is connected to Linkage Area C via a designated hardline area on the property to the north (Cantarini Ranch). This open space area includes a wefiand/riparian corridor and patches of nafive coastal sage scrub and coast live oak woodland. The hardline open space area on Cantarini Ranch includes an upstream portion of this drainage that is connected to the drainage in Linkage Area C. Preservafion of this portion of the Rancho Milagro site as open space will increase the protecfion for this drainage system. In addition, restorafion is proposed for the northern open space lot that will convert the majority of the agricultural fields and non-nafive grassland to coastal sage scrub and riparian habitats. The linkages created by the project utilize patches of exisfing habitat to the maximum extent pracficable within the identified linkage alignment. Based on the evidence above, the project is consistent with this standard. RECON Page 4 4. Maintain and enhance the wildlife movement potential between core areas using sensitive design of any road or utility crossings of Linkage C. This standard is not applicable to the project, since the project site is not within Linkage Area C and thus has no road or utility crossings. For addifional information, please see above findings for discussion of proposed open space and how it relates to Linkage Area C. 5. Conserve all riparian habitats on-site, and prohibit fill or development within the existing floodplain except where required for Circulation Element roads. Drainage Master Plan facilities, or other essential infrastructure. All on-site riparian habitat and floodplains are preserved, except where impacts are required in order to provide an access road to the site and a city maintenance road. To minimize impacts, the access road has been shifted to the narrowest portion of the riparian habitat/floodplain. The project preserves neariy all of the riparian habitat/floodplain, and project impacts on the riparian habitat/floodplain are minimal. See the revised biological technical report (RECON 2011), the updated wetland delineafion report (RECON 2009), and wefiand setback comments below (item #7) for additional informafion. The project conserves all riparian habitats and prohibits flll or development within the exisfing floodplain on-site except where required for Drainage Master Plan facilifies and other essenfial access roads and infrastructure. Based on the evidence above, the project is consistent with this standard. 6. Conserve any Narrow Endemic plant populations identified during planning. Pursuant to the revised biological technical report and rare plant survey results (RECON 2011); no Narrow Endemic plant populafions have been identifled on the project site. 7. When conversion of agricultural lands to other uses is proposed, set back all development impacts at least 100 feet from existing wetland habitats and require habitat restoration or enhancement in the riparian and buffer areas. RECON Page 5 On the south side of the project site, adjacent to Agua Hedionda Creek, the average setback from the wetland is approximately 300 feet. The excepfion to this is the proposed biofiltrafion detention area on the western edge of the property. The stormceptor system associated with this biofiltration detention area is designed to handle the 85*'^ percentile storms and will remove the majority of any storm-related sediment associated with those storms. This biofiltration detention area will be inspected annually, but maintenance Is not expected to be needed as trash and sediment will be caught and removed at the stormceptor collector. This biofiltrafion detention area will have an earthen berm and bottom tp allow for growth of natural vegetafion as Identified in the HMP (City of Carisbad 2004a). On the north side of the project site, adjacent to the unnamed tributary, the project has been redesigned so that the setback from the wetland is a minimum of 100 feet except for storm outfalls and a small emergency access road for bridge maintenance. In addition, the project proposes to create, restore, and enhance wetland/riparian habitat within the open space lots on-site to achieve no net loss of wetland/riparian habitat. This is proposed on the west end of the project north of the drainage. The creafion of 0.07 acre, representing a 1:1 mifigation rafio, will be accomplished outside of the 100-foot wefiand habitat buffer (see Exhibit 1). The remaining 0.14 acre (2:1 mifigafion rafio) will be conducted within the buffer and will serve to connect the restoration outside of the buffer to the existing drainage. Previous project revisions include the removal of two lots, which has been removed from the proposed project. These lots were located in the northern portion of the site adjacent to the access road. These lots did not conform to the 100-foot setback requirement and were thus removed from the proposed project. The setback for all development Impacts has been revised to ensure that all housing lot boundaries are at least 100 feet from exisfing wefiand habitats. In addifion, restoration of wetland and riparian impacts will occur on-site within the riparian and buffer areas. Based on the evidence above, the project is consistent with this standard. Findings of Consistency for Other HMP-related issues The HMP idenfifies a number of other conservafion and planning goals related to biological resources within the City. These are detailed below. 1. Mitigation ratios for impacts to HMP habitats. The project complies with the mifigafion rafios detailed in Table 11 of the HMP. 2. Measures to minimize impact on narrow endemic species. The project does not support any narrow endemic plant species, and this finding is not applicable. RECON Page 6 Species-specific measures for least Bell's vireo and southwestern willow flycatcher. The proposed project has identified the potential for these two species to occur on-site. The project was redesigned to avoid and minimize the impact to the riparian habitat on-site to the greatest extent possible, and mitigafion measures have been incorporated into the project that reduce the potential direct and indirect impacts to these species, if present. Measures include removing riparian vegetafion outside of the breeding season to avoid direct Impact to nests and establishing a protocol of surveying and monitoring to avoid indirect impacts to nests within 500 feet of construction activity. Measures for HMP Covered Species. Table 9 of the HMP provides the management recommendafions and impact avoidance/minimizafion measures for the HMP covered species. The following HMP covered species were identified on the property: Nuttall's scrub oak, orange-throated whiptail, and Cooper's hawk. Two addifional species addressed by the MHCP but not covered in the HMP were also observed: northern harrier and yellow-breasted chat. The Nuttall's scrub oak will not be impacted, thus the project is in compliance in regards to this species. The presence of four open space lots and implementafion of the adjacency guidelines will minimize the detrimental edge effects to the orange-throated whiptail, and thus the project will be in compliance with regards to this species. The project has identifled mitigation measures for potenfial impacts to nesfing raptors that will avoid direct impacts to active nests within the grading area and establish a 300-foot buffer around an active nest, if present. This measure complies with the HMP in regards to the Cooper's hawk and northern harrier. Implementation of the measures stated above for the least Bell's vireo and southwestern willow flycatcher will also result in avoidance of direct and Indirect impacts to nesfing yellow-breasted chats, and thus the project will be in compliance with the MHCP for this species. Adjacency guidelines. The project has incorporated project features to comply with the HMP Adjacency Standards in regards to development areas adjacent to designated open space. This includes the following topics: fire management; erosion control; landscaping; fencing, signs, and lighfing; and predator and exofic species control. Details for each of these topics are presented in the various technical documents including the revised Biological Technical Report (RECON 2011), the landscaping plans (GMP 2009), soils report (Geotechnical Explorations Inc 2009), and the Stormwater Management Plan (Manitou Engineering Inc. 2009). Each topic is also summarized below. Ff're management: Fire management activities will occur completely within the development boundaries and will not occur within the preserved open space. Landscaping on adjacent slopes will include low-fuel native species in compliance with the HMP. RECON Page 7 Erosion control: Mechanical and biological methods will be implemented to control potenfial erosion, including engineering the manufactured slopes to maximize slope stability; choosing appropriate plants for the slopes to reduce the level of erosion of the slopes; implemenfing post-construcfion best management practices (BMPs) that will ensure that run-off is appropriately treated to minimize the potential for erosion; and implemenfing construction-level BMPs to prevent any silt entering the open space areas. Landscaping: Landscaping plans for the brush management zones and along development slopes adjacent to the open space areas will encourage the use of a native plant palette consistent with the adjacent native vegetafion communifies, prohibit the use of ornamental invasive species, and limit the use of fertilizers to prevent excess run-off entering the open space. Irrigation will only be installed temporarily in order to ensure that the plants are established. In addifion, the use of cultivars of native species will be prohibited to avoid genetic contamination of the nafive plant species in the preserve. Fencing, signs, and lighting: Fencing will be installed along the perimeter of the development to limit the access of humans and domesfic pets into the open space areas. Fencing will consist of a 5-foot-high chain-link fence to be placed at the property line between the residenfial lots and the open space. Signage will be placed at intervals along the fence to inform the public about the presence and funcfion of the open space areas. Lighfing will be shielded or directed away from the open space areas to avoid increasing the nighttime light input into the open space. Predator and exotic species control: The perimeter fence will be a five-foot chain- link fence designed to limit access of domesfic and feral animals to the open space areas. Any long-term management on-site should also include development of a cowbird trapping program, native predator program, and exofic plant control program. 6. Measures to minimize impact on HMP species and mitigation requirements: Type A Habitats (riparian and wetland habitats/vernal pools). The HMP requires that projects "must demonstrate that the impacts: (1) cannot be avoided by a feasible alternative, (2) have been minimized to maximum extent possible, and (3) will be mitigated in ways that assure no net loss of habitat value or function" (City of Carisbad 2004a). 1) The project includes one road crossing of a drainage with associated wefiand habitat along the northern portion of the property. This crossing is necessary to assure access to the property, as the only developable portion of the site is landlocked between two drainages supporting riparian and wefiand vegetafion. The location of the crossing is designed to coordinate with the circulation element of the adjacent approved project to the north (Cantarini Ranch). Primary access RECON Pages to the site will be through this residenfial development to the north. Currently, the primary access to the site is from the south along a small dirt road in the southwestern portion of the site. This will be converted to a ufility easement and access only, as conversion of this road to a primary access that conforms with City standards would result in larger impacts to the southern drainage, which supports a larger and higher funcfioning riparian corridor. 2) The HMP states that road projects that "cross a wetland must demonstrate that the crossing will occur at the narrowest and/or least sensitive location and that all feasible minimization measures have been employed" (City of Carisbad 2004a). In support of this, the City of Carisbad recommended that the road alignment be shifted west to reduce impacts to the southern willow scrub (City of Carisbad 2004b). In response to these comments, impacts to wefiand areas have been reduced from the original proposed site design (RECON 2004a) by realigning the road crossing from one of the widest portions of the southern willow scrub, approximately 50 feet west to the narrowest secfion of the southern willow scrub. Impacts to this wetland area were reduced from 0.22 acre to 0.05 acre. In addition, the proposed crossing will be a Con-Span or similar three-sided 12-foot- by-5-foot product that will span the creek while maintaining a soft soil bottom that will allow for natural flow of the creek beneath the crossing. In response to comments from the City of Carisbad (City of Carisbad 2005a and 2005b), the buffer between the proposed lots and the jurisdictional areas in the northwestern portion of the site has been increased to 100 feet along the entire interface in compliance with the HMP planning standards for Zone 15 (City of Carisbad 2004a). Furthermore, in response to City comments (City of Carisbad 2007), two lots were removed from the northern portion of the project site. In response to the City comments from January 2009 (City of Carisbad 2009a), the house lot boundaries were reduced to remove any encroachment into the 100-foot wefiand buffer. The proposed footprint now provides a continuous 100-foot buffer except where the access road crosses the southern willow scrub. In response to the most recent comments (City of Carisbad 2009b), the drainage outfall from the biofiltration basin was moved to be contained within the existing roadway. The revised site design demonstrates that all feasible minimizafion measures were employed to reduce impacts to jurisdictional areas in the northern portion of the study area and to meet the planning standards as identified in the HMP (City of Carisbad 2004a). The jack-and-bore method will be used to install the sewer pipeline beneath Agua Hedionda Creek resulting in no impacts to this jurisdictional resource. This method sometimes results in a "frac-out" which is when subsurface fractures conduct bentonite drilling fluid to the surface, creating localized surface seepage. In the event of a "frac-out" or any other unexpected impact as a result of the jack- and-bore method, the extent ofthe resultant impact will be assessed, measured. RECON Page 9 and mifigated. In the event of a "frac-out", work will cease immediately and measures taken to contain any resultant slurry within as small of an area as possible. A qualified biologist will assess the impacts to natural resources and contact the City and appropriate resource agencies within 24 hours of the event. Additional mifigafion for impacts would be required, at a ratio of at least 3:1. The locafion and composifion of this mitigation would be determined at the fime of the Impact, once the scope and nature ofthat impact is determined. 3) Funcfions and Values Evaluafion. The wetland habitats present on-site are not unique (e.g., vernal pool) but are considered rare simply for the fact that they are wefiands which are a declining habitat type. Both the northern and the southern drainages support sensifive riparian species, such as yellow warbler and yellow- breasted chat, though neither federal nor state-listed species have been observed within either drainage. The proportion of native to exofic plant species in the two drainages is high, indicafing that there are lower levels of non-nafive invasive species. The existing levels of disturbance within the drainages are low; though the adjacent upland areas are predominately agricultural, disturbed, or developed as residenfial. The northern drainage carries flow from upstream riparian areas and ulfimately connects to the Agua Hedionda watershed; however, the drainage ends at a culvert at the western boundary of the property and is diverted across the adjacent property, and thus there is no direct confinuafion of the riparian vegetation along the northern boundary. The southern drainage (Agua Hedionda Creek) supports a confinuous riparian corridor that runs east-west along the southern boundary of the property. In order to maintain the current functions and values of the wefiand and riparian habitats on-site, the impacts associated with the road crossing will be mifigated on-site through restoration of an approximately 0.2-acre area. A conceptual restoration plan was prepared and is provided in Attachment 3 of the revised biological technical report (RECON 2011). A total of 0.21 acre of riparian habitat is proposed to be restored in the northern portion of the site through the conversion of 0.19 acre of agricultural fields and 0.02 acre of non-nafive grassland. This would mifigate the project impacts within the drainage. Based on the above, the project was designed to minimize the total impact to the wefiand habitats on-site and to maintain the funcfions and values of the riparian and wetland areas. RECON Page 10 References Cited Carisbad, City of 2004a Habitat Management Plan for Natural Communifies In the City of Carisbad. December, 1999 as amended. Final Approval November 2004 including implemenfing agreement and terms and conditions. 2004b GPA 04-19/ZC 04-14/LFMP 15(D)/CT 04-24/HDP 04-11 - Rancho Milagro Project Review. City of Carisbad Planning Department. December. 2005a GPA 04-19/ZC 04-14/CT 04-24/SUP 05-05/HDP 04-11 - Rancho Milagro Project Review. City of Carisbad Planning Department. May. 2005b GPA 04-19/ZC 04-14/CT 04-24/SUP 05-05/HDP 04-11 - Rancho Milagro. City of Carisbad Planning Department. September. 2007 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01 - Rancho Milagro. City of Carisbad Planning Department. April. 2009a GPA 06-03/ZC 06-02/CT 06-04/HDP 06-01/SUP 06-05 - Rancho Milagro. City of Carisbad Planning Department. January 20. 2009b GPA 06-03/ZC 06-02/CT 06-04/HDP 06-01/SUP 06-05 - Rancho Milagro. City of Carlsbad Planning Department. June 22. Geotechnical Explorafion Inc. 2009 Report of Preliminary Geotechnical Investigation. GMP Inc. 2009 Landscape Architectural Concept Plan. Manitou Engineering Company 2009 Storm Water Management Plan. RECON 2009 Revised Wefiand Delineation Report for the Rancho Milagro Study Area, Carisbad, California. October. 2011 Revised Biological Technical Report for the Rancho Milagro Study Area, Carisbad, California. April. RECON Page 11