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Home My WebLink AboutHMP 2019-0007; WEBSTER RESIDENCE; BIOLOGICAL RESOURCES TECHNICAL REPORT; 2017-11-01• BIOLOGICAL RESOURCES TECHNICAL REPORTFORTHEARGONAUTA RESIDENCE PROJECT 2700 ARGONAUTA STREET CITY OF CARLSBAD, CALIFORNIA APN 215-460-005 Submitted to: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Prepared for: Keith Webster K.W. Building and Development 1460 Orpheus Avenue Encinitas, California 92024 Prepared by: Ruben S. Ramirez, Jr. Cadre Environmental c/o Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, California 92064 November 2017 OCT 81 2019 cr.-'r e, PL G1-. '-D Af\Jf r, G DIVIS ON 0 TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY ES1 1.0 INTRODUCTION 1 1.1 PROJECT LOCATION/DESCRIPTION 1 2.0 METHODOLOGY 5 2.1 LITERATURE REVIEW 5 2.2 FIELD SURVEYS 8 3.0 EXISTING ENVIRONMENTAL SETTING 8 3.1 SURROUNDING LAND USES/TOPOGRAPHY/SOILS 8 3.2 VEGETATION COMMUNITIES 8 3.3 GENERAL PLANT & WILDLIFE SPECIES 9 3.4 JURISDICTIONAL RESOURCES ASSESSMENT 9 4.0 SENSITIVE BIOLOGICAL RESOURCES 13 4.1 FEDERAL PROTECTION AND CLASSIFICATIONS 13 4.2 STATE PROTECTION AND CLASSIFICATIONS 14 4.3 LOCAL PROTECTION AND CLASSIFICATIONS 17 4.4 SENSITIVE HABITATS 17 4.5 SENSITIVE PLANTS 17 4.6 SENSITIVE WILDLIFE 20 4.7 REGIONAL CONNECTIVITY/WILDLIFE MOVEMENT CORRIDORS 23 5.0 REGIONAL AND REGULATORY SETTING 25 5.1 LOCAL 25 5.2 FEDERAL 30 5.3 STATE 31 6.0 ENVIRONMENTAL IMPACTS 32 6.1 THRESHOLD OF SIGNIFICANCE 32 6.2 DIRECT IMPACTS 34 6.3 INDIRECT IMPACTS 37 6.4 CUMULATIVE IMPACTS 37 7.0 MITIGATION MEASURES 38 8.0 LITERATURE CITED 38 Biological Resources Technical Report Cadre Environmental Argonauta Residence November 2017 .. ' 1 -Regional Location Map 2 -Project Site Map 3 -Vegetation Communities Map 4 -Current Project Site Photographs 5 -Soil Associations Map LIST OF FIGURES 6 -Vegetation Communities Impact Map LIST OF TABLES PAGE 2 3 10 11 12 36 PAGE 1 -Project Site Vegetation Community Acreages 9 2 -Sensitive Plant Species Listed as Occurring or Potentially Occurring in the City of 18 Carlsbad 3 -Sensitive Wildlife Species Listed as Occurring or Potentially Occurring in the City of 20 Carlsbad 4 -Vegetation Community Impacts 34 Biological Resources Technical Report Cadre Environmental ii Argonauta Residence November 2017 CDFG CDFW CESA CEQA CNDDB CNPS CRPR ESHA FESA GIS GPS HOP HCP HMP LCP MBTA MHCP MWD NCCP NPDS NPPA NRCS OHWM RWQCB SAA SANDAG SSC SWRCB USFWS USGS WDR 0 GLOSSARY California Department of Fish and Game (CDFW effective Jan 1st 2013) California Department of Fish and Wildlife California Endangered Species Act California Environmental Quality Act California Natural Diversity Database California Native Plant Society California Rare Plant Ranking Environmental Sensitive Habitat Areas federal Endangered Species Act Geographic Information System Global Positioning System Hillside Development Permit Habitat Conservation Plan City of Carlsbad, Habitat Management Plan for Natural Communities Local Coastal Program Migratory Bird Treaty Act Multiple Habitat Conservation Program City of Carlsbad Municipal Water District Natural Communities Conservation Plan National Pollutant Discharge Elimination System Native Plant Protection Act Natural Resources Conservation Service Ordinary High Water Mark Regional Water Quality Control Board Streambed Alteration Agreement San Diego Association of Governments California Species of Special Concern State Water Resources Control Board United States Fish and Wildlife Service United States Geological Survey State Waste Discharge Requirements Biological Resources Technical Report Cadre Environmental Argonauta Residence November 2017 iii I .- ---------~ ~------------·-"----------- 1.0 INTRODUCTION The following biological resources technical report describes a detailed assessment of potential sensitive natural resources located within and immediately adjacent to the Argonauta Residence project site (Project Site). Specifically, the report has been prepared to support the California Environmental Quality Act (CEQA) documentation and Habitat Management Plan for Natural Communities (HMP) compliance review process conducted by the City of Carlsbad, California. As discussed below, the assessment includes a thorough literature review, site reconnaissance characterizing baseline conditions (including floral and fauna! and dominant vegetation communities), sensitive species observations, impact analysis, and proposed mitigation measures. 1.1 PROJECT LOCATION/DESCRIPTION The 0.74-acre Project Site is located at 2700 Argonauta Street (APN 215-460Jf05) within the City of Carlsbad, California and extends northwest of the Argonauta Street - Obelisco Circle intersection as shown in Figure 1, Regional Location Map, and Figure 2, Project Site Map. The Project Site is located completely within the North County Multiple Habitat Conservation Program (MHCP) area and is located within the City of Carlsbad Subarea Plan Area which is managed based on the Habitat Management Plan for Natural Communities in the City of Carlsbad. As stated by SANDAG: "The Multiple Habitat Conservation Program (MHCP) is a comprehensive, multiple jurisdictional planning program designed to develop an ecosystem preserve in northwestern San Diego County. Implementation of the regional preserve system is intended to protect viable populations of key sensitive plant and animal species and their habitats, while accommodating continued economic development and quality of life for residents of the north county region. The MHCP is one of several large multiple jurisdictional habitat planning efforts in San Diego County (Figure 1-1), each of which constitutes a subregional plan under the State of California's Natural Community Conservation Planning (NCCP) Act of 1991. The combination of the subregional MHCP plan and city subarea plans will serve as a multiple species Habitat Conservation Plan (HCP) pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act (ESA), as well as an NCCP plan under the NCCP Act and the California Endangered Species Act (CESA)." (SANDAG 2003a). The Project Site has been identified as a "Development Area" in the City of Carlsbad's HMP (City of Carlsbad. 2004). The property is not located within or immediately adjacent to an existing/proposed Hardline Preserve (Conservation) Area, Focus Planning Area, and/or core, linkage, Special Resource Area, or coastal zone. Biological Resources Technical Report Cadre Environmental Argonauta Residence November 2017 C EXECUTIVE SUMMARY The 0.74-acre Project Site is located at 2700 Argonauta Street (APN 215-460-005) within the City of Carlsbad, California and extends northwest of the Argonauta Street - Obelisco Circle intersection The project proposes the development of a single-family residence. The Project Site is located completely within the North County Multiple Habitat Conservation Program area and is located within the City of Carlsbad Subarea Plan Area which is managed based on the Habitat Management Plan for Natural Communities in the City of Carlsbad. The Project Site is not located within a proposed or existing hardline preserve area; standards area and is not subject to Local Facilities Management Zone standards; or coastal zone. The Project Site is a single-family residence and therefore exempt from obtaining a Hillside Development Permit (HOP) (City of Carlsbad 1998, 2004). The Project Site will impact a total of 0.74-acre of disturbed and Diegan coastal sage scrub vegetation communities. Impacts to vegetation communities would be reduced to less than significant with the implementation of Biological Mitigation Measure (BIO-MM1 Mitigation Fee). The proposed project would not directly impact any federal/state threatened or endangered wildlife species. However, several sensitive species including the Southern California rufous-crowned sparrow, grasshopper sparrow, Cooper's hawk and white- tailed kite are expected to occasionally forage within the onsite disturbed vegetation. The orange-throated whiptail may also occasionally utilize the onsite vegetation habitat for foraging and refugia if a population persists. Impacts to sensitive wildlife species would be reduced to less than significant with the implementation of BIO-MM1 Mitigation Fee. The Project Site support disturbed and scrub vegetation that has high potential to support nesting migratory birds. The federal Migratory Bird Treaty Act (MBTA) makes it unlawful to "take", possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R.21). For purposes of the MBTA, "take" generally means the killing of an individual bird or destruction of an egg. Impacts to nesting birds would be reduced to less than significant with the implementation of BIO- MM2, Migratory Bird Treaty Act. No wetlands, riparian habitat or vernal pools regulated by the United States Army Corps of Engineers, California Department of Fish and Wildlife, or Regional Water Quality Control Board were documented within the Project Site. Implementation of Mitigation Measures BIO-MM1 and BIO-MM2 would reduce all potential significant unavoidable impacts on biological resources to a level of less than significant or below. Biological Resources Technical Report Cadre Environmental ES1 Argonauta Residence November 2017 f lEU.CAOfA Pacific Ocean FALLBROOKE f'11tb,ook St 1) 21 Figure 1 -Regional Location Map Biological Resources Technical Report Argonauta Residence APN: 215-460-005 Twin Peaks Rd POWAY Powey Rd [!J Figure 2 -Project Site Map C..AD RE [!] Biological Resources Technical Report ~ m .___ ____ A_~=-go_n_a_u_ta_R_e_s,_·d_e_nc_e_A_P_N_: _2_15_-_4_60_-_0_0_5 _____________ ~ "'""7:i~ ,...,. .._, Hardline Preserve Area The Project Site is not located within or immediately adjacent to a proposed or existing hardline area and implementation of adjacency standards will not be required (City of Carlsbad 2004). Standards Area The Project Site is not located within a standards area (City of Carlsbad 2004) and therefore is not subject to Local Facilities Management Zone 6 standards (City of Carlsbad 2004). Coastal Zone The Project Site is not located within the Coastal zone and therefore a special set of conservation standards pursuant to Carlsbad Municipal Code Section Code 21.210.040.D.9 and the HMP Coastal Zone Standards (Section 0.7, Standards 7-1 through 7-12) do not apply. Hillside Development and Design Guidelines The Project Site is a single-family residence and therefore exempt from obtaining a Hillside Development Permit (HOP) (City of Carlsbad 1998). Biological Resources Technical Report Cadre Environmental 4 Argonauta Residence November 2017 C 2.0 METHODOLOGY 2.1 LITERATURE REVIEW Existing biological resource conditions within and adjacent to the Project Site were initially investigated through review of pertinent scientific literature. Federal register listings, protocols, and species data provided by the United States Fish and Wildlife Service (USFWS) were reviewed in conjunction with anticipated federally listed species potentially occurring within the Project Site. The California Natural Diversity Database (CNDDB), a California Department of Fish and Wildlife (CDFW) Natural Heritage Division species account database, San Diego Association of Governments (SANDAG) and San Diego Natural History Museum resources, were also reviewed for all pertinent information regarding the locations of known occurrences of sensitive species in the vicinity of the property. In addition, numerous regional floral and faunal field guides were utilized in the identification of species and suitable habitats. Combined, the reviewed sources provided an excellent baseline from which to inventory the biological resources potentially occurring in the area. Other sources of information included the review of unpublished biological resource letter reports and assessments. Other CDFW reports and publications consulted include the following: • Special Animals (CDFW 2017a); • Special Vascular Plants and Bryophytes List (CDFW 2017c); • Endangered, Threatened, and Rare Plants of California (CDFW 2017d); and • State and Federally Listed Endangered and Threatened Animals of California (CDFW 2017e); 2.2 FIELD SURVEYS A reconnaissance survey of the Project Site was conducted in November 2017 by Ruben Ramirez of Cadre Environmental (USFWS permit 780566-13, CDFW permit 2243) in order to characterize and identify potential sensitive plant and wildlife habitats, and to establish the accuracy of the data identified in the literature search. Geologic and soil maps were examined to identify local soil types that may support sensitive taxa. Aerial photograph, topographic maps, vegetation and rare plant maps prepared for previous studies in the region were used to determine community types and other physical features that may support sensitive plants/wildlife, uncommon taxa, or rare communities that occur within or adjacent to the Project Site. Habitat assessments were conducted for, but not limited to the following target species/groups. • HMP narrow endemic species • Coastal California gnatcatcher -FT/SSC • Least Bell's vireo -FE/SE • Southwestern willow flycatcher -FE/SE • Sensitive plants • Riparian, wetland and vernal pool resources Biological Resources Technical Report Cadre Environmental 5 Argonauta Residence November 2017 1 ,.._ .,_., Vegetation Communities/Habitat Classification Mapping Vegetation community names and hierarchical structure follows the Preliminary Descriptions of the Terrestrial Natural Communities of California (Oberbauer et al. 2008). Floristic Plant Inventory A general plant survey was conducted throughout the Project Site during the initial reconnaissance in a collective effort to identify all species occurring onsite. All plants observed during the survey efforts were either identified in the field or collected and later identified using taxonomic keys. Plant taxonomy follows Hickman (1993). Scientific nomenclature and common names used in this report generally follow Roberts et al. (2004) or Baldwin et al. (2012) for updated taxonomy. Scientific names are included only at the first mention of a species; thereafter, common names alone are used. Wildlife Resources Inventory All animals identified during the reconnaissance survey by sight, call, tracks, scat, or other characteristic sign were recorded onto a 1 :200 scale orthorectified color aerial photograph or documented using a global positioning system (GPS). In addition to species actually detected, expected use of the site by other wildlife was derived from the analysis of habitats on the site, combined with known habitat preferences of regionally occurring wildlife species. Vertebrate taxonomy followed in this report is according to the Center for North American Herpetology (2017 for amphibians and reptiles), the American Ornithologists' Union (1988 and supplemental) for birds, and Baker et al. (2003) for mammals. Both common and scientific names are used during the first mention of a species; common names only are used in the remainder of the text. Regional Connectivity/Wildlife Movement Corridors The analysis of wildlife movement corridors associated with the Project Site and immediate vicinity is based on information compiled from literature, analysis of the aerial photograph data, and direct observations made in the field during the reconnaissance site visit. A literature review was conducted that includes documents on island biogeography (studies of fragmented and isolated habitat "islands"), reports on wildlife home range sizes and migration patterns, and studies on wildlife dispersal. Wildlife movement studies conducted in southern California were also reviewed. Use of field-verified digital data, in conjunction with the Geographic Information System (GIS) database, allowed proper identification of regional vegetation communities and drainage features. This information was crucial to assessing the relationship of the Project Site to large open space areas in the immediate vicinity and was also evaluated in terms of connectivity and habitat linkages. Relative to corridor issues, the discussions in this report are Biological Resources Technical Report Cadre Environmental 6 Argonauta Residence November 2017 C 0 intended to focus on wildlife movement associated within the Project Site and the immediate vicinity. Jurisdictional Resources Assessment The Project Site was assessed for jurisdiction resources regulated by the United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) in November 2017 to determine if a formal delineation was warranted. Biological Resources Technical Report Cadre Environmental 7 Argonauta Residence November 2017 I 3.0 EXISTING ENVIRONMENTAL SETTING 3.1 SURROUNDING LAND USES/TOPOGRAPHY/SOILS The 0.74-acre Project Site is dominated by disturbed and Diegan coastal sage scrub vegetation which is described in this report and illustrated in Figure 3, Vegetation Communities Map, and Figure 4, Current Project Site Photographs. The Project Site slope extends from the south (520 ft. elevation) to approximately 480 ft. elevation in the northern region. Soils mapped by the Soil Conservation Service (SCS)1 within the Project Site consist exclusively of rocky silt loam substrates (NRCS 1992, NRCS 2017). The Soil Survey of the San Diego Area has the following soil mapped within the boundary of the property as illustrated in Figure 5, Soil Associations Map.: • Exchequer rocky silt loam (Exe), 9 to 30 percent slopes 3.2 VEGETATION COMMUNITIES Vegetation community names and hierarchical structure follows the Preliminary Descriptions of the Terrestrial Natural Communities of California (Oberbauer et al. 2008). Disturbed A total of 0.44-acre of disturbed habitat was documented onsite as outlined in Table 1, Project Site Vegetation Community Acreages. The dominant plant species documented onsite within the disturbed regions of the property include tocalote ( Centaurea melitensis), horseweed (Erigeron canadensis), black mustard (Brassica nigra), fennel (Foenicu/um vulgare), Russian thistle (Kali tragus), clustered tarweed (Deinandra fasciculata), and non-native grasses. As stated by SANDAG: "Past or present physical disturbance prevalent (e.g. brushing, tilling, vehicular disturbance, etc.). Typically comprised of a mixture of grasses and forbs with grasses contributing <2/3 of the relative cover and with non- native forbs like Erodium botrys, Hypocheris glabra, Foenicu/um vulgare, and Sa/so/a kali being common dominants. Native shrub (e.g. Eriogonum fasciculatum, Baccharis sarothroides, Eriodictyon crassifolium, and Lotus scoparius) and non-native shrubs (e.g., Ricinus communis) may be patchily admixed. Substantial amounts of bare ground may exist. Potential for colonization and succession of native plant communities exists. If area is fragmented, it must have reasonable proximity to native seed sources. MHCP: Disturbed." (SANDAG 2003a) 1 SCS is now known as the National Resource Conservation Service (NRCS). Biological Resources Technical Report Cadre Environmental 8 Argonauta Residence November 2017 C Diegan Coastal Sage Scrub (Disturbed) Several small and fragmented patches of disturbed coastal sage scrub totaling 0.30 acre occur within the Project Site. This vegetation community is dominated by California sagebrush (Artemisia californica), deerweed (Acmispon glaber), coyote brush (Baccharis pilularis), lemonadeberry (Rhus integrifolia), laurel sumac (Malosma laurina), black sage (Salvia melifera), common sandaster (Corethrogyne filaginifolia), and a scattered understory of non-native grasses. As stated by SANDAG: "From 20% to 50% ground cover of low, soft-woody subshrubs, i.e. Artemisia californica, Eriogonum fasciculatum, Salvia mellifera, S. apiana, Mimulus aurantiacus, and Hazardia squarrosa along with Malosma laurina and Rhus integrifolia. Dry wash areas tend to contain most of the above species along with substantial cover of Baccharis sarothroides. Indication of disturbance present in the form of significant percentage cover of bare ground and/or non-native herbs such as, Avena spp., Bromus madritensis, Hemizonia fasciculata, and Erodium spp .. Holland: 32500. Paysen et al.: Coastal Sagebrush Series and Baccharis Series. MHCP: Disturbed Coastal Sage Scrub." (SANDAG 2003b) Table 1 -Project Site Vegetation Community Acreages Vegetation Community Project Site Area.(ac) Disturbed 0.44 Diegan Coastal Sage Scrub 0.30 TOTAL 0.74 Source: Cadre Environmental 2017. 3.3 GENERAL PLANT & WILDLIFE SPECIES General plant species documented within the Project Site are presented in the previous section. General wildlife species documented onsite or within the vicinity during the site assessment include mourning dove (Zenaida macroura), Anna's hummingbird (Calypte anna), black phoebe (Sayornis nigricans), Say's phoebe (Sayornis saya), yellow- rumped warbler (Setophaga coronata), lesser goldfinch (Spinus psaltria), house finch (Haemorhous mexicanus), and house sparrow (Passer domesticus). 3.4 JURISDICTIONAL RESOURCES ASSESSMENT No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within or immediately adjacent to the Project Site. Biological Resources Technical Report Cadre Environmental 9 Argonauta Residence November 2017 I DIS I Disturbed ICSSI Diegan Coastal Sage Scrub Oberbauer et al. 2008. Classification Figure 3 -Vegetation Communities Map C~D RE [!J Biological Resources Technical Report ~ m L__ ____ A_~~g_on_a_u_ta_R_e_s_id_e_nc_e_A_P_N_:_2_15_-_4_6_0-_0_0_5 _____________ __, .... ~. PHOTOGRAPH 1 -Northward view of Project Site from southwest property boundary. Disturbed and Diegan coastal sage scrub habitats occur onsite. PHOTOGRAPH 2 -Southward view of Project Site from northeast property boundary. Figure 4 -Current Project Site Photographs Biological Resources Technical Report Argonauta Residence APN: 215-460-005 C.ADRE ~ Soil Associations ExE Exchequer rocky silt loam, 9 to 30 percent slopes Properties and qualities Slope: 9 to 30 percent Depth to restrictive feature: 4 to 20 inches to lithic bedrock Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Very low (about 1.5 inches) Figure 5 -Soil Associations Map C.A.D RE [!] Biological Resources Technical Report ~ m Argonauta Residence APN: 215-460-005 , .. '.:~ L-------=--------------------------------------~ 4.0 SENSITIVE BIOLOGICAL RESOURCES The following discussion describes the plant and wildlife species present, or potentially present within the property boundaries, that have been afforded special recognition by federal, state, or local resource conservation agencies and organizations, principally due to the species' declining or limited population sizes, usually resulting from habitat loss. Also discussed are habitats that are unique, of relatively limited distribution, or of particular value to wildlife. Protected sensitive species are classified by state and/or federal resource management agencies, or both, as threatened or endangered, under provisions of the state and federal endangered species act. Vulnerable or "at-risk" species that are proposed for listing as threatened or endangered (and thereby for protected status) are categorized administratively as "candidates" by the USFWS. CDFW uses various terminology and classifications to describe vulnerable species. There are additional sensitive species classifications applicable in California. These are described below. Sensitive biological resources are habitats or individual species that have special recognition by federal, state, or local conservation agencies and organizations as endangered, threatened, or rare. The CDFW, USFWS, and special groups like the CNPS maintain watch lists of such resources. For the purpose of this assessment sources used to determine the sensitive status of biological resources are: Plants: USFWS (2017), CDFW (2017d), CNDDB (CDFW 2017b), CNPS (2017), and Skinner and Pavlik (1994) City of Carlsbad HMP (2004), Wildlife: California Wildlife Habitat Relationships (2008), USFWS (2017), CDFW (2017a, 2017e), and CNDDB (CDFW 2017b), City of Carlsbad HMP (2004), Habitats: CNDDB (CDFW 2017b), City of Carlsbad HMP (2004). 4.1 FEDERAL PROTECTION AND CLASSIFICATIONS The Federal Endangered Species Act of 1973 (FESA) defines an endangered species as "any species that is in danger of extinction throughout all or a significant portion of its range ... " Threatened species are defined as "any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range." Under provisions of Section 9(a)(1 )(B) of the FESA it is unlawful to "take" any listed species. 'Take" is defined as follows in Section 3(18) of the FESA: " ... harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." Further, the USFWS, through regulation, has interpreted the terms "harm" and "harass" to include certain types of habitat modification as forms of a "take." These interpretations, however, are generally considered and applied on a case-by-case basis and often vary from species to species. In a case where a property owner seeks permission from a federal agency for an action that cou ld affect a federally listed plant and animal species, the property owner and agency are required to consult with USFWS. Section 9(a)(2)(b) of the FESA addresses the protections afforded to listed plants. Recently, the USFWS instituted changes in the listing status of former candidate species. Former C1 (candidate) species are now Biological Resources Technical Report Cadre Environmental 13 Argonauta Residence November 2017 ........., ._;' referred to simply as candidate species and represent the only candidates for listing. , Former C2 species (for which the USFWS had insufficient evidence to warrant listing at this time) and C3 species (either extinct, no longer a valid taxon or more abundant than was formerly believed) are no longer considered as candidate species. Therefore, these species are no longer maintained in list form by the USFWS, nor are they formally protected. However, some USFWS field offices have issued memoranda stating that former C2 species are henceforth to be considered Federal Species of Concern. This term is employed in this document, but carries no official protections. All references to federally protected species in this report (whether listed, proposed for listing or candidate) include the most current published status or candidate category to which each species has been assigned by USFWS. For purposes of this assessment, the following acronyms are used for federal status species: FE Federal Endangered FT Federal Threatened FPE Federal Proposed Endangered FPT Federal Proposed Threatened FC Federal Candidate for Listing The designation of critical habitat can also have a significant impact on the development of land designated as "critical habitat." The FESA prohibits federal agencies from taking any action that will "adversely modify or destroy" critical habitat (16 U.S.C. § 1536(a)(2)). This provision of the FESA applies to the issuance of permits by federal agencies. Before approving an action affecting critical habitat, the federal agency is required to consult with the USFWS who then issues a biological opinion evaluating whether the action will "adversely modify" critical habitat. Thus, the designation of critical habitat effectively gives the USFWS extensive regulatory control over the development of land designated as critical habitat. The Migratory Bird Treaty Act of 1918 (MBTA) makes it unlawful to "take" any migratory bird or part, nest, or egg of such bird listed in wildlife protection treaties between the United States and Great Britain, the Republic of Mexico, Japan, and the Union of Soviet States. For purposes of the MBTA, "take" is defined as to pursue, hunt, capture, kill, or possess or attempt to do the same. The Bald Eagle and Golden Eagle Protection Act explicitly protects the bald eagle and golden eagle and imposes its own prohibition on any taking of these species. As defined in this act, take means to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or disturb. Current USFWS policy is not to refer the incidental take of bald eagles for prosecution under the Bald Eagle and Golden Eagle Protection Act (16 U.S.C. 668-668d). 4.2 STATE PROTECTION AND CLASSIFICATIONS California's Endangered Species Act (CESA) defines an endangered species as " ... a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which Biological Resources Technical Report Cadre Environmental 14 Argonauta Residence November 2017 ,-.. '-' 0 is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease." The State defines a threatened species as " ... a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened species." Candidate species are defined as " ... a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list." Candidate species may be afforded temporary protection as though they were already listed as threatened or endangered at the discretion of the Fish and Game Commission. Unlike FESA, CESA does not include listing provisions for invertebrate species. Article 3, Sections 2080 through 2085, of CESA addresses the taking of threatened or endangered species by stating "No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided ... " Under CESA, "take" is defined as " ... hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." Exceptions authorized by the state to allow "take" require " ... permits or memorandums of understanding ... " and can be authorized for " ... endangered species, threatened species, or candidate species for scientific, educational, or management purposes." Sections 1901 and 1913 of the California Fish and Game Code provide that notification is required prior to disturbance. Additionally, some sensitive mammals and birds are protected by the State as Fully Protected Mammals or Fully Protected Birds, as described in the California Fish and Game Code, Sections 4700 and 3511, respectively. CSC ("special" animals and plants) listings include special status species, including all state and federal protected and candidate taxa, Bureau of Land Management (BLM) and US Forest Service (USFS) sensitive species, species considered to be declining or rare by the CNPS or National Audubon Society, and a selection of species which are considered to be under population stress but are not formally proposed for listing. This list is primarily a working document for the CDFWs CNDDB project. Informally listed taxa are not protected per se, but warrant consideration in the preparation of biotic assessments. For some species, the CNDDB is only concerned with specific portions of the life history, such as roosts, rookeries, or nest sites. For the purposes of this assessment, the following acronyms are used for State status species: SE State Endangered ST State Threatened SCE State Candidate Endangered Biological Resources Technical Report Cadre Environmental 15 Argonauta Residence November 2017 • .._ / _ __, SCT State Candidate Threatened SFP State Fully Protected SP State Protected SR State Rare SSC California Species of Special Concern SWL California Watch List The CNPS is a private plant conservation organization dedicated to the monitoring and protection of sensitive species in the State. This organization has compiled an inventory comprised of the information focusing on geographic distribution and qualitative characterization of rare, threatened, or endangered vascular plant species of California (Tibor 2001 ). The list serves as the candidate list for listing as threatened and endangered by CDFW. The CNPS has developed five categories of rarity (CRPR): CRPR1A Presumed extinct in California. CRPR1B Rare, threatened, or endangered in California and elsewhere. CRPR2 Rare, threatened, or endangered in California, but more common elsewhere. CRPR3 Plants about which we need more information -a review list. Species of limited distribution in California (i.e., naturally rare in the CRPR4 wild), but whose existence does not appear to be susceptible to threat. As stated by the CNPS: "Threat Rank is an extension added onto the California Rare Plant Rank and designates the level of endangerment by a 1 to 3 ranking with 1 being the most endangered and 3 being the least endangered. A Threat Rank is present for all California Rare Plant Rank 1 B's, 2's, 4's, and the majority of California Rare Plant Rank 3's. California Rare Plant Rank 4 plants are seldom assigned a Threat Rank of 0. 1, as they generally have large enough populations to not have significant threats to their continued existence in California; however, certain conditions exist to make the plant a species of concern and hence be assigned a California Rare Plant Rank. In addition, all California Rare Plant Rank 1 A (presumed extinct in California), and some California Rare Plant Rank 3 (need more information) plants, which lack threat information, do not have a Threat Rank extension." (CNPS 2017) 0.1 Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat) 0.2 Fairly threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat) 0.3 Not very threatened in California ( <20% of occurrences threatened / low degree and immediacy of threat or no current threats known) Biological Resources Technical Report Cadre Environmental 16 Argonauta Residence November 2017 -· '-' 0 4.3 LOCAL PROTECTION AND CLASSIFICATIONS The City of Carlsbad's HMP covers a total of six (6) sensitive plant, two (2) invertebrate, and seventeen (17) wildlife species. As stated by the City of Carlsbad: "The Habitat Management Plan for Natural Communities in the City of Carlsbad (Carlsbad HMP, "the Plan'? proposes a comprehensive, citywide, program to identify how the City, in cooperation with federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with the Plan. These permits would be issued under the U.S. Endangered Species Act, the California Endangered Species Act, the California Natural Community Conservation Planning Act." (City of Carlsbad 2004) 4.4 SENSITIVE HABITATS As stated by CDFW: "One purpose of the vegetation classification is to assist in determining the level of rarity and imperilment of vegetation types. Ranking of alliances according to their degree of imperilment (as measured by rarity, trends, and threats) follows NatureServe's Heritage Methodology, in which all alliances are listed with a G (global) and S (state) rank. For alliances with State ranks of S1-S3, all associations within them are also considered to be highly imperiled." (CDFW 2010) A total of 0.30-acre of Diegan coastal sage scrub occur onsite. As stated by the City of Carlsbad: "Under California regulations and policies, Diegan coastal sage scrub is considered a sensitive habitat; it is given the highest inventory priority in the CNDDB." (City of Carlsbad 2004). 4.5 SENSITIVE PLANTS A comprehensive assessment of sensitive plant species known to occur within the region and the potential for occurrence within the Project Site is presented in Table 2, Sensitive Plant Species Listed as Occurring or Potentially Occurring in the City of Carlsbad. Biological Resources Technical Report Cadre Environmental 17 Argonauta Residence November 2017 • r .._, _,,, Table 2. Sensitive Plant Species Listed as Occurring or Potentially Occurring in • the City of Carlsbad. Common Name Scientific Name 8Iochman's Dudleya Dud/eya b/ochmaniae ssp. blochmaniae California Adolphia Adolohia californica California Orcutt Grass Orcuttia californica Cliff Spurge Euphorbia misera Del Mar Manzanita Arctostaphylos glandu/osa ssp. crassifolia Del Mar Mesa Sand Aster Corethrogyne fi/aginifo/ia var. linifolia Encinitas 8accharis Baccharis vanessae Engelmann Oak Quercus enaelmannii Little Mousetail Myosurus minimus ssp. apus Nuttall's Lotus Lotus nuttallianus Nuttall's Scrub Oak Quercus dumosa Orcutt's 8rodiaea Brodiaea orcuttii Orcutt's Hazardia Hazardia orcuttii Biological Resources Technical Report Cadre Environmental Listing Status CRPR 18.1 HC CRPR 28.1 FE/SE CRPR 18.1 NE CRPR 28.2 HC FE CRPR 18.1 NE CRPR 18.1 NE FT/SE CRPR 18.1 NE CRPR 4.2 CRPR 3.1 NE CRPR 18.1 CRPR 18.1 HC CRPR 18.1 ST CRPR 18.1 HC/NE 18 Comments Occurs in rocky, clay substrates in coastal sage, chaparral and grassland habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable soils. Not detected onsite. Occurs in vernal pools. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in rocky habitats. Not detected onsite. Occurs in maritime chaparral habitat. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Not detected onsite. Occurs in sandy coastal bluff, chaparral and coastal sage scrub habitats. Not expected to occur onsite based on the disturbed condition of the project site. Occurs in sandstone maritime chaparral habitat. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Not detected onsite. Not detected onsite. Occurs in alkaline vernal pool habitat. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in coastal dunes Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Not detected onsite. Occurs in clay soils within chaparral, meadow, grassland, and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in clay substrates within maritime chaparral and coastal sage scrub habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Argonauta Residence November 2017 r· ~ Common Name Scientific Name Orcutt's Spineflower Chorizanthe orcuttiana San Diego Ambrosia Ambrosia pumi/a San Diego Barrel Cactus Ferocactus viridenscens San Diego Button-Celery Eryngium aristulatum var. parishii San Diego Goldenstar Mui/la c/eve/andii San Diego Marsh Elder Iva hayesiana San Diego Thorn-mint Acanthomintha ilicifolia Short-leaved dudleya Dud/eya b/ochmaniae ssp. brevifolia Spreading Navarretia Navarretia fossalis Sticky Dudleya Dudleya viscida Summer Holly Comarostaphylis diversifolia ssp. diversifolia Thread-leaved Brodiaea Brodiaea filifolia Biological Resources Technical Report Cadre Environmental Listing Status FE/SE CRPR 1B.1 HC/NE FE CRPR 1B.1 NE CRPR 2B.1 FE/SE CRPR 1B.1 NE CRPR 1B.1 CRPR 2B.2 FT/SE CRPR 1B.1 NE SE CRPR 1B.1 FT CRPR 1B.1 NE CRPR 1B.2 CRPR 1B.2 NE FT/SE CRPR 1B.1 HC/NE 19 C) Comments Occurs in sandy openings within maritime chaparral and coastal sage scrub habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in sandy loam/clay substrates within chaparral, coastal sage scrub, vernal pool and grassland habitats. Not expected to occur onsite based on the disturbed condition of the project site. Not detected onsite. Occurs within mesic coastal scrub, grassland and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in clay substrates within chaparral, coastal scrub, grassland and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in marshes and playas. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in clay substrates within chaparral, coastal scrub, grassland and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable soils. Occurs in Torrey sandstone substrate. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs within marsh, playa and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Occurs in rocky habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Not detected onsite. Occurs is clay substrates within chaparral, coastal scrub, playas, grassland and vernal pool habitats. Not expected to occur onsite based on the disturbed condition of the project site and lack of suitable habitats. Argonauta Residence November 2017 • ... -..JI Common Name Listing Comments Scientific Name Status Torrey Pine CRPR 18.2 Not detected onsite. Pinus torrevana sso. torrevana Wart-stemmed Ceanothus CRPR 28.2 Not detected onsite. Ceanothus verrucosus HG = Carlsbad HMP Covered, NE = MHCP Narrow Endemic Species None of the twenty-seven (27) plant species proposed for coverage under the City of Carlsbad's HCP were detected and/or are expected to occur onsite due to a lack of suitable habitat, soils and existing disturbed condition of the Diegan coastal sage scrub. 4.6 SENSITIVE WILDLIFE A comprehensive assessment of sensitive wildlife species known to occur within the region and the potential for occurrence within the Project Site is presented in Table 3, Sensitive Wildlife Species Listed as Occurring or Potentially Occurring in the City of Carlsbad. Table 3. Sensitive Wildlife Species Listed as Occurring or Potentially Occurring in the City of Carlsbad Common Name Scientific Name Harbison's Dun Skipper Euphyes vestries harbisoni Hermes Copper Butterfly Lycaena hermes Quino Checkerspot Butterfly Euphydryas editha quino Riverside Fairy Shrimp Streptocephalus woottoni Salt Marsh (Wandering) Skipper Panoquina errans San Diego Fairy Shrimp Branchinecta sandiegoensis Arroyo Toad Anaxyrus ca/ifomicus Biological Resources Technical Report Cadre Environmental Listing Comments Status INVERTEBRATES HC Not expected to occur onsite based on a lack of host plant, San Diego sedge ( Carex soissa). FC Not expected to occur onsite based on a lack of host plant, spiny red berry (Rhamnus crocea). FE Not expected to occur onsite based on a lack of cryptobiotic soil crusts and. host plant including Plantago erecta, Plantago patagonica, Antirrhinum coulterianum, Cordylanthus rigidus, Castilleja exserta, and Castilleja riaidus. FE Occurs in vernal pools and seasonal NE depressions. Not expected to occur onsite based on a lack of suitable habitat. HC Not expected to occur onsite based on a lack of saltmarsh habitat within or immediatelv adjacent to the project site. FE Occurs in vernal pools and seasonal NE depressions. Not expected to occur onsite based on a lack of suitable habitat. AMPHIBIANS/REPTILES FE/SSC 20 Breeds in intermittent drainages and aestivates within floodprone areas and adjacent scrub and woodland habitats. Not expected to occur onsite based on a lack of suitable habitat. USFWS Permit 780566-13 Argonauta Residence November 2017 ,.., ~ Common Name Scientific Name Orange-throated Whiptail Aspidoscelis hyperythra San Diego Horned Lizard Phrynosoma coronatum blainvillei Southwestern Pond Turtle Actinemys marmorata pa/Iida Western Spadefoot Spea hammondii American Peregrine Falcon Falco peregrinus anatum Belding's Savannah Sparrow Passerculus sandwichensis beldingi Burrowing Owl Athene cunicularia hypuaea California Brown Pelican Pe/ecanus occidentalis californicus California Least Tern Sterna antillarum browni Coastal California Gnatcatcher Polioptila californica californica Cooper's Hawk Accipiter cooperii Elegant Tern Sterna e/egans Grasshopper Sparrow Ammodramus savannarum Large-billed Savannah Sparrow Passerculus sandwichensis rostratus Least Bell's Vireo Vireo be/Iii pusi/lus Biological Resources Technical Report Cadre Environmental Listing Status SSC HC SSC SSC SSC BIRDS SFP HC SE HC SSC SFP HC FE/SE/SWL SFP HC FT/SSC HC SWL HC SWL HC SSC SSC HC FE/SE HC 21 0 Comments Low likelihood of occurrence based on the isolation of small undeveloped parcel within residential development area and disturbed onsite habitat conditions. Occurs in open coastal sage scrub and chaparral habitats. Not expected to occur onsite based on a lack of suitable habitat and disturbed conditions documented onsite. Occurs within and adjacent to creeks and open water. Not expected to occur onsite based on a lack of suitable habitat. Breeds within vernal pools and seasonal depressions -aestivates in adjacent grassland habitats. Not expected to occur onsite based on a lack of suitable habitat. Typically breeds on cliffs. Not expected to occur onsite based on a lack of suitable nesting habitat. Occurs within pickleweed dominated coastal marshes. Not expected to occur onsite based on a lack of suitable foraging and nesting habitat. No potential burrows documented within or adjacent to project site. Not expected to occur onsite based on a lack of suitable nestinQ/refuQia habitat. Primarily occurs along sea coast and are rarely found inland. Not expected to occur onsite based on a lack of foraging and nesting habitat. Feeds and breeds in shallow estuaries or lagoons. Not expected to occur onsite based on a lack of suitable foraging and nestinQ habitat. Not detected onsite during habitat assessment by permitted USFWS biologist (780566-13). May occasionally forage onsite. Not expected to breed onsite based on a lack of suitable nestina habitat. Occurs near coast. Not expected to occur onsite based on a lack of suitable foraging and nestinQ habitat. May occasionally forage onsite. Not expected to breed onsite based on a lack of suitable nesting habitat. Occurs in coastal marshes and beaches and does not breed in California. Not expected to occur onsite based on a lack of suitable habitat. Occurs within riparian habitat. Not expected to occur onsite based on a lack of suitable nestina/foragina habitat. Argonauta Residence November 2017 ,, ,,.... ..... _ .......,, Common Name Listing Comments Scientific Name Status Light-footed Clapper Rail FE/SE/SFP Occurs within coastal salt marsh/lagoons Rallus longirostris levipes HC in cordgrass and pickleweed. Not expected to occur onsite based on a lack of suitable foraqinq and nestinq habitat. Long-Billed Curlew SWL Occurs within cultivated lands, salt Numenius americanus marshes and breeds in native grasslands adjacent to inundated areas. Not expected to occur onsite based on a lack of suitable nesting habitat. Northern Harrier SSC Not expected to forage or breed onsite Circus cyaneus based on isolation/size of the property and lack of suitable nesting habitat. Osprey SWL Occurs near lakes and ponds. Not Pandion haliaetus HC expected to occur onsite based on a lack of suitable foraqing and nestinq habitat. Southern California Rufous-crowned CWL May occasionally forage and breed onsite. Sparrow HC Aimophila ruficeps canescens Southwestern Willow Flycatcher FE/SE Occurs in riparian habitat. Not expected to Empidonax trail/ii extimus HC occur onsite based on a lack of suitable nestinq habitat. Western Snowy Plover FT/SSC Nests on beaches and banks of lagoons Charadrius alexandrinus nivosus HC and estuaries. Not expected to occur onsite based on a lack of suitable nesting habitat. White-faced Ibis SWL Occurs in marsh habitats. Not expected to P/egadis chihi HC occur onsite based on a lack of suitable foraqinq and nestinq habitat. White-tailed Kite SFP May occasionally forage onsite. Elanus leucurus Yellow-breasted Chat SSC Occurs within riparian and adjacent scrub lcteria virens HC habitats. Not expected to occur onsite based on a lack of suitable foraging and nestinq habitat. MAMMALS Pacific Pocket Mouse FE/SSC Occurs in river and marine alluvium. The Perognathus longimembris pacificus species is not expected to occur onsite based on the distance from the coast. USFWS Permit 780566-13 Stephens' Kangaroo Rat FE/ST No kangaroo rat burrows were Dipodomys stephensi documented onsite. Not expected to occur onsite based on a lack of suitable habitat. San Diego Black-Tailed Jackrabbit SSC Occurs is open scrub and grassland Lepus ca/ifornicus bennettii habitats. Not expected to occur onsite based on a lack of observations and suitable habitat. HG = Carlsbad HMP Covered, NE = MHCP Narrow Endemic Species The orange-throated whiptail may occasionally utilize the disturbed and Diegan coastal sage scrub habitats onsite for foraging and refugia if a remnant isolated population persists. Southern California rufous-crowned sparrow, grasshopper sparrow, Cooper's hawk and white-tailed kite are expected to occasionally forage onsite within the disturbed sage scrub habitat. Biological Resources Technical Report Cadre Environmental 22 Argonauta Residence November 2017 C 0 The Project Site is not located within a USFWS designated critical habitat for any federally listed species. • 4. 7 REGIONAL CONNECTIVITY/WILDLIFE MOVEMENT CORRIDORS Overview Wildlife corridors link areas of suitable habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates isolated "islands" of wildlife habitat. In the absence of habitat linkages that allow movement to adjoining open space areas, various studies have concluded that some wildlife species, especially the larger and more mobile mammals, will not likely persist over time in fragmented or isolated habitat areas because they prohibit the infusion of new individuals and genetic information (MacArthur and Wilson 1967; Soule 1987; Harris and Gallager 1989; Bennett 1990). Corridors effectively act as links between different populations of a species. A group of smaller populations (termed "demes") linked together via a system of corridors is termed a "metapopulation." The long-term health of each deme within the metapopulation is dependent upon its size and the frequency of interchange of individuals (immigration vs. emigration). The smaller the deme, the more important immigration becomes, because prolonged inbreeding with the same individuals can reduce genetic variability. Immigrant individuals that move into the deme from adjoining demes mate with individuals and supply that deme with new genes and gene combinations that increases overall genetic diversity. An increase in a population's genetic variability is generally associated with an increase in a population's health. Corridors mitigate the effects of habitat fragmentation by: (1) allowing animals to move between remaining habitats, which allows depleted populations to be replenished and promotes genetic diversity; (2) providing escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic events (such as fires or disease) will result in population or local species extinction; and (3) serving as travel routes for individual animals as they move within their home ranges in search of food, water, mates, and other needs (Noss 1983; Fahrig and Merriam 1985; Simberloff and Cox 1987; Harris and Gallagher 1989). Wildlife movement activities usually fall into one of three movement categories: (1) dispersal (e.g., juvenile animals from natal areas, individuals extending range distributions); (2) seasonal migration; and (3) movements related to home range activities (foraging for food or water, defending territories, searching for mates, breeding areas, or cover). A number of terms have been used in various wildlife movement studies, such as "wildlife corridor", "travel route", "habitat linkage", and "wildlife crossing" to refer to areas in which wildlife moves from one area to another. To clarify the meaning of these terms and facilitate the discussion on wildlife movement in this study, these terms are defined as follows: Biological Resources Technical Report Cadre Environmental 23 Argonauta Residence November 2017 -'-' ._, Travel Route: A landscape feature (such as a ridge line, drainage, canyon, or riparian strip) within a larger natural habitat area that is used frequently by animals to facilitate movement and provide access to necessary resources (e.g., water, food, cover, den sites). The travel route is generally preferred because it provides the least amount of topographic resistance in moving from one area to another; it contains adequate food, water, and/or cover while moving between habitat areas; and provides a relatively direct link between target habitat areas. Wildlife Corridor. A piece of habitat, usually linear in nature, that connects two or more habitat patches that would otherwise be fragmented or isolated from one another. Wildlife corridors are usually bounded by urban land areas or other areas unsuitable for wildlife. The corridor generally contains suitable cover, food, and/or water to support species and facilitate movement while in the corridor. Larger, landscape-level corridors (often referred to as "habitat or landscape linkages") can provide both transitory and resident habitat for a variety of species. Wildlife Crossing: A small, narrow area, relatively short in length and generally constricted in nature, that allows wildlife to pass under or through an obstacle or barrier that otherwise hinders or prevents movement. Crossings typically are manmade and include culverts, underpasses, drainage pipes, and tunnels to provide access across or under roads, highways, pipelines, or other physical obstacles. These are often "choke points" along a movement corridor. Wildlife Movement within Project Site The Project Site is bordered by two (2) small/disturbed undeveloped parcels and existing high density residential development. The Project Site does not represent a travel route, wildlife corridor or wildlife crossing based on the definitions provided above. The Project Site is not located within the Focus Planning Area including core, linkage or Special Resource Area (City of Carlsbad 2004). Biological Resources Technical Report Cadre Environmental 24 Argonauta Residence November 2017 0 5.0 REGIONAL AND REGULATORY SETTING The following section describes the project compliance with local federal and state regulations. 5.1 LOCAL As stated by the City of Carlsbad: Multiple Habitat Conservation Program "Under the California NCCP Act, the cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista participated in the preparation of the MHCP, a comprehensive plan that addresses the needs of multiple plant and animal species in northwestern San Diego County. The MHCP Subregional Plan was adopted and certified by the San Diego Association of Governments (SANDAG) Board of Directors in March 2003. The intent is that each jurisdiction will implement their respective portions of the MHCP Plan through citywide "subarea" plans, which describe the specific policies each city will institute for the MHCP.4" (City of Carlsbad 2014) Habitat Management Plan for Natural Communities in the City of Carlsbad "The City of Carlsbad prepared a subarea plan as a part of the MHCP, called the "Habitat Management Plan for Natural Communities in the City of Carlsbad," (HMP) which was adopted by the Carlsbad City Council in November 2004. The HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of habitat and protect sensitive biological resources in the city while also allowing for additional development and growth as anticipated under the city's General Plan. Formal approval and adoption of the HMP occurred through issuance of a permit by wildlife agencies, namely USFWS and CDFW, as well as execution of an implementation agreement between the city and the wildlife agencies. To date, Carlsbad's HMP is the only adopted subarea plan in the MHCP subregion. The Carlsbad HMP preserve contains natural habitats that are necessary to sustain threatened, listed, or sensitive species, and to maintain biological value. According to the permit issued by the wildlife agencies, the HMP is required to establish a preserve of 6,478 acres of natural habitat (within the city's jurisdictional boundary), as well as an additional 308 acres of "core area" habitat for the coastal California gnatcatcher (outside of the city's jurisdiction). One of the HMP management goals is to conserve a full range of vegetation community types, with an emphasis on sensitive habitat types. As part of the HMP, the city is required to preserve 6,478 acres of land within the city's jurisdictional boundaries and an additional 308 acres of habitat for the coastal California gnatcatcher outside of the city's jurisdiction (i.e., "gnatcatcher core''). The number of acres of each habitat projected to be conserved in the HMP is given in Table 3.3-2, for a total of 6,786 acres. As shown in Table 3.3-3, as of October 31, 2012, the city had preserved 5,877 acres within the city's boundaries (91 percent of the HMP target) and 280 acres outside the city's boundaries (91 percent of the HMP target) for the gnatcatcher core; there is a remaining 601 acres within the city's boundaries and 28 acres outside the city's boundaries to be preserved to meet the HMP requirements." (City of Carlsbad 2014) Biological Resources Technical Report Cadre Environmental 25 Argonauta Residence November 2017 ,.... ...... .._,,, Habitat Management Plan for Natural Communities in the City of Carlsbad Consistency Analysis City of Carlsbad Coastal Zone Conservation Standards (7-1) Environmentally Sensitive Habitat Areas (ESHA) Environmental Sensitive Habitat Areas (ESHA) shall be protected against significant disruption of habitat values. Only uses dependent on those resources shall be allowed within those areas. ESHA is defined as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." No ESHA's are located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-2) Coastal Sage Scrub Conserve a minimum of 67% of the coastal sage scrub habitat and 75% of the gnatcatchers onsite. A total of 0.30 acre of disturbed Diegan coastal sage scrub was documented onsite. No coastal California gnatcatcher were documented within the isolated conditions by a USFWS permitted biologist during the habitat assessment conducted in November 2017 (USFWS 780566-13). Impacts to Diegan coastal sage scrub will comply with the City of Carlsbad's HMP mitigation requirements (City of Carlsbad 2004). The proposed project is in compliance with the standard. (7-3) Oak Woodland No individual oak or oak woodland vegetation is located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-4) Streams No streams are located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-5) Ephemeral Drainages and Ephemeral Streams No ephemeral drainages or streams are located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-6) Wetlands No impacts to wetlands are allowed except where stated in the California Public Resources Code Section 30233. If impacts to wetlands are allowed, mitigation shall be Biological Resources Technical Report Cadre Environmental 26 Argonauta Residence November 2017 C 0 provided at a ratio of 3: 1 for riparian impacts and 4:1 for impacts to saltwater or freshwater wetland, or marsh. No wetlands or riparian habitat are located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-7) Wetland Mitigation Requirements No wetlands or riparian habitat are located within or adjacent to the Project Site. The proposed project is in compliance with the standard. (7-8) No Net Loss of Habitats A no net loss standard applies to coastal sage scrub, maritime succulent scrub, southern maritime chaparral, southern mixed chaparral, native grassland, and oak woodland. Mitigation shall include a creation component that achieves the no-net-loss standard. Substantial restoration may be substituted for creation if approved by wildlife agencies and CCC. A total of 0.30 acre of disturbed Diegan coastal sage scrub was documented onsite. No coastal California gnatcatcher were documented within the isolated conditions by a USFWS permitted biologist during the habitat assessment conducted in November 2017 (USFWS 780566-13). Impacts to Diegan coastal sage scrub will comply with the City of Carlsbad's HMP mitigation requirements (City of Carlsbad 2004). The proposed project is in compliance with the standard. (7-9) Upland Habitat Mitigation will typically include creation at a ratio of least 1: 1. Onsite mitigation is not eligible for mitigation credit in the Coastal Zone. Onsite or offsite areas may be used for mitigation if habitat is disturbed and suitable for restoration or enhancement, or if habitat is devoid of habitat value and therefore eligible for the 1 :1 creation/substantial restoration mitigation component. Mitigation should be provided within the Coastal Zone. The Project Site is not located within the Coastal Zone. A total of 0.30 acre of disturbed Diegan coastal sage scrub was documented onsite. No coastal California gnatcatcher were documented within the isolated conditions by USFWS permitted biologist during the habitat assessment conducted in November 2017 (USFWS 780566-13). Impacts to Diegan coastal sage scrub will comply with the City of Carlsbad's HMP requirements (City of Carlsbad 2004). The proposed project is in compliance with the standard. (7-10) Highly Constrained Properties (a) If more than 80% of property is covered with ESHA, at least 75% of the property shall be conserved, or (b) If the City approves a hardline preserve boundary for these properties as part of the HMP, the amount of onsite preservation as identified in the hardline boundary will apply. Biological Resources Technical Report Cadre Environmental 27 Argonauta Residence November 2017 .. "'-"' The Project Site does not occur within an ESHA or proposed/existing hardline preserve area. No conservation is proposed. The proposed project is in compliance with the standard. (7-11) Buffers and Fuel Modification Zones Minimum buffers between all preserved habitat and development are (a) 100 fl. for wetlands; (b) 50 fl. for riparian areas; (c) 20 fl. for native uplands • No development, grading, or alteration shall occur within a buffer except (a) Fuel modification in Zone 3 to max of 20 fl. for upland and non-riparian habitat, and not within 50 fl. of riparian, wetland or oak woodland habitat; (b) some recreational trails and paths (see 7-11 for details) • Buffer areas that do not contain native habitat will be landscaped using native plants. The Project Site is bordered by existing high density residential and two (2) disturbed residential parcels. The Project Site does not occur within an ESHA or proposed/existing hardline preserve area. The proposed project is in compliance with the standard. (7-12) Grading and Landscaping Requirements See model grading ordinance in Carlsbad Master Drainage Plan; (a) Grading in the Coastal Zone has generally been prohibited during the rainy season, Oct 1 to April 1; (however, pursuant to revisions to the City Zoning Ordinance processed through a Local Coastal Plan Amendment, grading is allowed if appropriate Best Management Practices (BMPs) are established); (b) All graded areas will be landscaped by October 1 to reduce erosion. Exceptions to these guidelines may be approved as described in 7-12. For example, habitat should not be cleared during the bird breeding season (Sept 15 - March 15) unless birds are cleared from the habitat first. Project initiation including grading and landscaping activities will comply with all standards including compliance with the federal Migratory Bird Treaty Act as discussed in the section titled, Environmental Impacts. The proposed project is in compliance with the standard. (7-13) City Owned Lands Adjacent to Macario Canyon and Veterans Memorial Park The Project Site is not located adjacent to Macario Canyon or Veterans Memorial Park. The proposed project is in compliance with the standard. (7-14) Parcel-Specific Standards The following properties have parcel specific standards -specific parcels in Zones 20 and 21 that are located within biological core and linkage areas. The Project Site is not located in Zones 20 or 21 where biological core or linkages areas have been designated. The proposed project is in compliance with the standard. Biological Resources Technical Report Cadre Environmental 28 Argonauta Residence November 2017 C 0 Special Status Species None of the twenty-seven (27) HMP sensitive and narrow endemic plant species were detected and/or are expected to occur onsite due to a lack of suitable undisturbed habitats, soils and/or existing site conditions. Five (5) of the thirty-five (35) HMP sensitive and narrow endemic wildlife species may occasionally occur within the Project Site including the orange-throated whiptail, Cooper's hawk, white-tailed kite, grasshopper sparrow, and Southern California rufous- crowned sparrow. However, the disturbed and fragmented condition of the Project Site does not provide long term conservation value for any target sensitive species. City of Carlsbad General Plan -Open Space and Conservation Element As outlined below, the Draft City of Carlsbad General Plan Open Space and Conservation Elements (Chapter 4 -Recreational Element Excluded) Goals and Polices for the preservation and protection of critical open space and natural resources have been incorporated into the project design and mitigation approach, as warranted. Goals -Biological Resources and Open Space for Conservation 4-G.2 Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities. 4-G.3 Promote conservation of hillsides and ridgelines. The small fragmented 0.74-acre Project Site, located within an existing high density residential development area is characterized as disturbed and Diegan coastal sage scrub. The project would not conflict with the goal of conserving undeveloped hillsides and ridgelines. Project initiation would not conflict with the goal of protecting sensitive habitats and lands occupied by rare and/or threatened/endangered species. Policies -Open Space Framework The small fragmented 0.74-acre Project Site is located within an existing high density residential development area and would not conflict with the goal of developing an Open Space Framework. Policies -Habitat and Open Space Conservation The proposed project has been designed to ensure compliance with all HMP standards and provisions including the protection of sensitive resources, adjacency guidelines, and wildlife corridor analysis. Project initiation would not conflict with the goal of the HMP. Biological Resources Technical Report Cadre Environmental 29 Argonauta Residence November 2017 • "-' Policies -Water Quality No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within the Project Site. Project initiation would not conflict with water quality policies. 5.2 FEDERAL Federal Endangered Species Act The MHCP and City of Carlsbad HMP serve as an HCP pursuant to Section 10(a)(1)(B) of the FESA of 1973, allowing participating jurisdictions to authorize "take" of plant and wildlife species. The MHCP has been issued under this Section and provides incidental take for all covered species. Clean Water Act The USAGE Regulatory Program regulates activities pursuant to Section 404 of the federal CWA. Although not expressly defined it is assumed that the USAGE Manual (Environmental Laboratory 1987) for delineating wetlands should be used in determining the presence of wetland indicators in vernal pools. With the exception of wetlands created for the purpose of providing wetlands habitat or resulting from human actions to create open waters or from the alteration of natural stream courses, areas demonstrating characteristics as described above which are artificially created are not included in these definitions. As stated by the USAGE: "(a) The term waters of the United States means, (1) all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) all interstate waters including interstate wetlands; and (3) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters" (33 C.F.R. § 328.3). The USAGE generally takes jurisdiction within rivers and streams to the "ordinary high water mark," determined by erosion, the deposition of vegetation or debris, and changes in vegetation or soil characteristics (33 C.F.R. § 328.4). However, if there is no federal nexus to navigable waters, these waters are considered "isolated" and thus not subject to their jurisdiction. Migratory Bird Treaty and Bald and Golden Eagle Protection Acts Migratory birds including resident raptors and passerines are protected under the federal MBTA. The MBTA of 1918 implemented the 1916 convention between the United States and Great Britain for the protection of birds migrating between the U.S. and Canada. Similar conventions between the United States and Mexico (1936), Japan Biological Resources Technical Report Cadre Environmental 30 Argonauta Residence November 2017 C 0 (1972) and the Union of Soviet Socialists Republics (1976) further expanded the scope of international protection of migratory birds. Each new treaty has been incorporated into the MBTA as an amendment and the provisions of the new treaty are implemented domestically. These four treaties and their enabling legislation, the MBTA, established Federal responsibilities for the protection of nearly all species of birds, their eggs and nests. The MBTA makes it illegal for people to "take" migratory birds, their eggs, feathers or nests. Take is defined in the MBTA to include by any means or in any manner, any attempt at hunting, pursuing, wounding, killing, possessing or transporting any migratory bird, nest, egg, or part thereof. The Bald and Golden Eagle Protection Act affords additional protection to all bald and golden eagles. 5.3 STATE California Endangered Species Act The CESA is similar to FESA in that it contains a process for listing of species regulating potential impacts to listed species. Section 2081 of the CESA authorizes the CDFW to enter into a memorandum of agreement for take of listed species for scientific, educational, or management purposes. The MHCP and City of Carlsbad HMP serve as an HCP pursuant the Natural Communities Conservation Plan (NCCP) under the NCCP Act of 2001, allowing participating jurisdictions to authorize "take" of plant and wildlife species. Native Plan.t Protection Act The Native Plant Protection Act (NPPA) enacted a process by which plants are listed as rare or endangered. The NPPA regulates collection, transport, and commerce in plants that are listed. The CESA follows the NPPA and covers both plants and wildlife determined to be threatened with extinction or endangered. Plants listed as rare under the NPPA are designated as threated under the CESA. Porter-Cologne Water Quality Control Act The RWQCB regulates activities pursuant to Section 401 (a)(1) of the federal CWA as well as the Porter Cologne Water Quality Control Act of 1969 (California Water Code section 13260). Section 401 of the CWA specifies that certification from the State is required for any applicant requesting a federal license or permit to conduct any activity including but not limited to the construction or operation of facilities that may result in any discharge into navigable waters. The certification shall originate from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable water at the point where the discharge originates or will originate. Any such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the CWA. The Porter Cologne Act requires "any person discharging waste, or proposing to discharge waste, within any region that could affect the waters of the state to file a report of discharge (an application for waste discharge requirements (WDRs))" (Water Code § 13260(a)(1)). Discharge of fill material into "waters" of the State which does not fall under the Biological Resources Technical Report Cadre Environmental 31 Argonauta Residence November 2017 • "-'-" jurisdiction of the USAGE pursuant to Section 404 of the CWA may require authorization through application for WDRs or through waiver of WDRs. Streambed Alteration Agreement The CDFW regulates activities within streambeds, lakes, and wetlands pursuant to Division 2, Chapter 6, Section 1600 of the California Fish and Game Code (Streambed Alteration) and has jurisdiction of "waters" of the State. Regulated activities are those that "will substantially divert, obstruct, or substantially change the natural flow or bed, channel or bank of any river, stream, or lake or extends to the limit of the adjacent riparian vegetation designated by the department in which there is at any time an existing fish or wildlife resource or from which these resources derive benefit." (California. Fish & Wildlife Code, § 1602). 6.0 ENVIRONMENTAL IMPACTS The following sections include an analysis of the direct impacts, indirect impacts, and cumulative effects of the proposed action on sensitive biological resources. This analysis characterizes the project related activities that are anticipated to adversely impact the species, and when feasible, quantifies such impacts. Direct effects are defined as actions that may cause an immediate effect on the species or its habitat, including the effects of interrelated actions and interdependent actions. Indirect effects are caused by or result from the proposed actions, are later in time, and are reasonably certain to occur. Indirect effects may occur outside of the area directly affected by the proposed action. Cumulative impacts refer to incremental, individual environmental effects of two or more projects when considered together. These impacts taken individually may be minor but may be collectively significant. Cumulative effects include future tribal, local, or private actions that are reasonably certain to occur in the proposal vicinity considered in this report. A cumulative impact to biological resources may occur if a project has the potential to collectively degrade the quality of the environment, substantially reduce the habitat of wildlife species or cause a population to drop below self-sustaining levels, thereby threatening to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal species. 6.1 THRESHOLD OF SIGNIFICANCE The environmental impacts relative to biological resources are assessed using impact significance criteria which mirror the policy statement contained in the CEQA at Section 21001 (c) of the Public Resources Code. This section reflects that the legislature has established it to be the policy of the state to: "Prevent the elimination of fish and wildlife species due to man's activities, ensure that fish and wildlife populations do not drop below self- perpetuating levels, and preserve for future generations representations of all plant and animal communities ... " Biological Resources Technical Report Cadre Environmental 32 Argonauta Residence November 2017 C 0 The following definitions apply to the significance criteria for biological resources: • "Endangered' means that the species is listed as endangered under state or federal law. • "Threatened' means that the species is listed as threatened under state or federal law. • "Rare" means that the species exists in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens. • "Region" refers to the area within southern California that is within the range of the individual species. • "Sensitive habitaf' refers to habitat for plants and animals (1) which plays a special role in perpetuating species utilizing the habitat on the property, and (2) without which there would be substantial danger that the population of that species would drop below self-perpetuating levels. • "Substantial effecf' means significance loss or harm of a magnitude which, based on current scientific data and knowledge, (1) would cause a species or a native plant or animal community to drop below self-perpetuating levels on a statewide or regional basis or (2) would cause a species to become threatened or endangered. Impacts to biological resources may result in a significant adverse impact if one or more of the following conditions would result from implementation of the proposed project. • Have a substantial adverse effect, either directly or through habitat modification, on any endangered, or threatened species, as listed in Tittle 14 of the California Code of Regulations (Sections 670.2 or 670.5) or Title 50, Code of Federal Regulations (Sections 17.11 or 17.12). No Impact. • Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS, and meets the definition of Section 15380 (b), (c), or (d) of the CEQA Guidelines. Less than significant -Biological Mitigation Measures (BIO-MM1). • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS. Less than significant with mitigation incorporated -Biological Mitigation Measure (BIO-MM1). • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the CWA (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No impact. Biological Resources Technical Report Cadre Environmental 33 Argonauta Residence November 2017 • -~ • Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident migratory wildlife corridors, or impede the use of native nursery sites. Less than significant with mitigation incorporated -Biological Mitigation Measure BIO-MM2. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No impact. • Conflict with the provisions of an adopted HCP, NCCP, or other approved local, regional, or state conservation plan. No Impact. Also, the determination of impacts has been made according to the federal definition of "take". FESA prohibits the "taking" of a member of an endangered or threatened wildlife species or removing, damaging, or destroying a listed plant species by any person (including private individuals and private or government entities). FESA defines "take" as "to harass, harm, pursue, hunt, shoot, would, kill, trap, capture or collect" an endangered or threatened species, or to attempt to engage in these activities. 6.2 DIRECT IMPACTS Vegetation Communities A total of 0.74-acre of onsite vegetation communities will be directly impacted as a result of project implementation as summarized in Table 4, Vegetation Community Impacts, and illustrated on Figure 6, Vegetation Communities Impact Map. Direct impacts to disturbed and Diegan coastal sage scrub vegetation (un-occupied by coastal California gnatcatcher) will be mitigated to a level of less than significant by implementing Biological Mitigation Measure BIO-MM1. Table 4 -Vegetation Community Impacts Vegetation Community Total Permanent ,' Assessment Onsite Area (ac) Impact (ac) Disturbed 0.44 0.44 Diegan Coastal Sage Scrub 0.30 0.30 TOTAL 0.74 0.74 Source: Cadre Environmental 2017. Sensitive Habitats A total of 0.30-acre of Diegan coastal sage scrub occur onsite. As stated by the City of Carlsbad: "Under California regulations and policies, Diegan coastal sage scrub is considered a sensitive habitat; it is given the highest inventory priority in the CNDDB." (City of Carlsbad 2004). Biological Resources Technical Report Cadre Environmental 34 Argonauta Residence November 2017 C 0 • Direct impacts to Diegan coastal sage scrub vegetation (un-occupied by coastal • California gnatcatcher) will be mitigated to a level of less than significant by implementing Biological Mitigation Measures BIO-MM1. Sensitive Plants The proposed project would not impact any federal/state threatened or endangered plant species. No impact. Sensitive Wildlife Southern California rufous-crowned sparrow, grasshopper sparrow, Cooper's hawk and white-tailed kite are expected to occasionally forage within the disturbed and Diegan coastal sage scrub vegetation documented onsite. The orange-throated whiptail may occasionally utilize the Project Site habitat for foraging and refugia if a population persists. Impacts to sensitive wildlife species would be reduced to less than significant with the implementation of BIO-MM 1. Migratory Bird Treaty Act The Project Site support disturbed and scrub vegetation that has high potential to support nesting migratory birds. The MBTA makes it unlawful to "take", possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R.21). For purposes of the MBTA, "take" generally means the killing of an individual bird or destruction of an egg. Impacts to nesting birds would be reduced to less than significant with the implementation of BIO-MM2. Jurisdictional Resources No wetlands, riparian habitat or vernal pools regulated by the USAGE, CDFW, or RWQCB were documented within the Project Site. No Impact. As warranted, the project will comply with all applicable water quality regulations including the National Pollutant Discharge Elimination System (NPDES) permit process. The implementation of applicable Best Management Practices (BMPs) during construction activities and the installation and proper maintenance of structural BMPs will ensure compliance with water quality regulations Wildlife Movement within Project Site The Project Site is bordered by existing high density residential development, and disturbed habitats. The Project Site does not represent a travel route, wildlife corridor or wildlife crossing. The Project Site is not located within the Focus Planning Area including core, linkage or Special Resource Area (City of Carlsbad 2004). No impact. Biological Resources Technical Report Cadre Environmental 35 Argonauta Residence November 2017 • Vegetation Communities Impact Acres I DIS I Disturbed 0.30 JCSSI Diegan Coastal Sage Scrub 0.44 TOTAL 0.74 Oberbauer et al. 2008. Classification Figure 6 -Vegetation Communities Impact Map c~ DRE [!] Biological Resources Technical Report ~ m Argonauta Residence APN: 215-460-005 ,_':~ ~-----~---------------------------------~ City of Carlsbad General Plan -Open Space and Conservation Element All project elements are consistent with the provisions and goals of the MHCP, HMP and City of Carlsbad Draft General Plan. Hardline Preserve Area The Project Site is not located within a proposed or existing hardline area (City of Carlsbad 2004). Standards Area The Project Site is not located within a standards area (City of Carlsbad 2004) and therefore is not subject to Local Facilities Management standards (City of Carlsbad 2004). Coastal Zone The Project Site is not located within the coastal zone and a special set of conservation standards do not apply. 6.3 INDIRECT IMPACTS The following section addresses potential indirect impacts associated with proposed development adjacent to existing or proposed open space areas. The Project Site is not located adjacent to an existing or proposed conservation area. The Project Site is bordered by existing high density residential development, and disturbed habitats and no edge effect mitigation measures are proposed. 6.4 CUMULATIVE IMPACTS The temporary direct and/or indirect impacts of the project would not result in significant cumulative impacts (CEQA Section 15310) to environmental resources within the region of the Project Site. Cumulative impacts refer to incremental effects of an individual project when assessed with the effects of past, current, and proposed projects. The 0.742-acre single residential development Project Site has been identified as a "Development Area" in the City of Carlsbad's HMP (City of Carlsbad. 2004). The MHCP and HMP was developed to address the comprehensive regional planning effort and anticipated growth in the City of Carlsbad. The proposed project has been designed and mitigated to remain in compliance with all MHCP and HMP conservation goals and guidelines and therefore will not result in an adverse cumulative impact. Biological Resources Technical Report Cadre Environmental 37 Argonauta Residence November 2017 • I • I _________ ,,._ 7 .0 MITIGATION MEASURES The following biological mitigation measures address those adverse impacts determined to be potentially significant, or are relevant to the protection of biological resources to the extent practicable as part of ensuring compliance and consistency with all MHCP and HMP conservation goals and guidelines. BI0-MM1 Mitigation Fee As required by the HMP (Section D, Table 11) prior to issuance of a grading permit, the project applicant will pay a per acre mitigation fee for a total of 0.44-acre of disturbed habitat and 0.30-acre of unoccupied coastal sage scrub (0.74-acre total of impacts). The project specific in lieu mitigation fee will be determined by the City Council. BIO-MM2 Migratory Bird Treaty Act Removal of vegetation between September 14th and February 14th , prior to project development, would likely ensure that there would not be any constraints associated with the MBTA because this period generally avoids the avian breeding season. If this is not possible, it is recommended that a qualified biologist conduct a nesting bird survey(s) within three (3) days of proposed vegetation removal in order to prevent any violations of the MBTA. If active nests are identified and occupied by protected species, construction activities shall be prohibited within the immediate vicinity of such nests until such time as the young fledglings have left the nest. 8.0 LITERATURE CITED Beier, Paul. 1995. Dispersal of Juvenile Cougars in Fragmented Habitat. Journal of Wildlife Management 59(2)(1995): 228-237. Beier, Paul. 1998. Do Habitat Corridors Provide Connectivity?. Beier, Paul, and Reginald H. Barrett. 1989. Orange County Cooperative Mountain Lion Study. Department of Forestry and Resource Management. University of California, Berkeley. Braun, Clait E., ed. 1991. Mountain Lion-Human Interaction. Symposium and Workshop; Denver, Colorado. California Department of Fish and Wildlife (CDFW). 2017a. Special Animals. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW), Natural Diversity Data Base (CNDDB). 2017b. Sensitive Element Record Search for the Rancho Santa Fe Quadrangle. California Department of Fish and Wildlife. Sacramento, California. Accessed November 2017. Biological Resources Technical Report Cadre Environmental 38 Argonauta Residence November 2017 C 0 California Department of Fish and Wildlife (CDFW). 2017c. Special Vascular Plants, Bryophytes, and Lichens. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW). 2017d. Endangered, Threatened, and Rare Plants of California. Natural Heritage Division, Natural Diversity Data Base. California Department of Fish and Wildlife (CDFW). 2017e. State and Federally Listed Endangered and Threatened Animals of California. Natural Heritage Division, Natural Diversity Data Base. California Native Plant Society. 2017. Inventory of Rare and Endangered Plants in California, 8th Edition. www.cnps.org. Accessed November 2017. Casterline. M. 2003. Wildlife Corridor Design and Implementation in Southern Ventura County. City of Carlsbad, 1996. Local Coastal Program. City of Carlsbad, 1998. Hillside Development and Design Guidelines. City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. Final Approval November 2004. City of Carlsbad. 2008. Guidelines for Biological Studies. City of Carlsbad. 2014. Draft General Plan & Draft Climate Action Plan -Draft Environmental Impact Report. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. Erickson, C. H. and D. Belk. 1999. Fairy shrimps of California's pools, puddles, and playas. Mad River Press. Eureka, CA. Farhig, L. and G. Merriam. 1985. Habitat patch connectivity and population survival. Ecology 66:1762-1768. Ferren, W. R., Jr., P. L. Fiedler, and R. A Leidy. 1996c. Wetlands of California. Part I. History of wetland habitat. Madrono 32: 105-124. Harris, L. and Gallagher, P. 1989. New initiatives for wildlife conservation: the need for movement corridors. In: Preserving communities and corridors: 11-34. MacKintosh, G. (Ed.). Washington, DC: Defenders of Wildlife. Biological Resources Technical Report Cadre Environmental 39 Argonauta Residence November 2017 • .. 11 ' , ..,,,.,, McArthur, R. and Wilson, E. 0. 1967. The theory of Island Biogeography. Princeton University Press, 1967. Noss, R. F. 1983. A regional landscape approach to maintain diversity. BioScience 33:700-706. NRCS. 2017. http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed November 2017. NRCS, 1992. Hydric Soils list of California. Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego County. Based on Preliminary Descriptions of the Terrestrial Natural Communities of California, Robert F. Holland, PhD., October 1986. March 2008. SANDAG. 2003a. Final MHCP Plan for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista -Volume I. SANDAG. 2003b. MHCP Biological Monitoring and Management Plan, Multiple Habitat Conservation Program for the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista -Volume Ill. Simberloff, D. and J. Cox. 1987. Consequences and cost of conservation corridors. Conservation Biology 1 :63-71. Skinner, M. W. and B. M. Pavlik. 1994. California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California. California Native Plant Society. Special Publication, no. 1, 5th ed. Sacramento, California. Soule, M. 1987. Viable populations for conservation. Cambridge University Press. Cambridge. South Coast Wildlands. 2008. South Coast Mission Linkages: A Wildland Network for the South Coast Ecoregion. U.S. Fish and Wildlife Service (USFWS). 2017. Threatened and Endangered Species. Pacific Southwest Region. Carlsbad Office. Available online at http://www.fws.gov/carlsbad/SpeciesStatusList/CFWO_Species_Status_List%20. htm Accessed November 2017. Unitt, P. 0. 2004. San Diego County Bird Atlas. Proceedings of the San Diego Society of Natural History No. 39. Biological Resources Technical Report Cadre Environmental 40 Argonauta Residence November 2017 C 0 Certification "I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge. Biological Resources Technical Report Cadre Environmental 41 Argonauta Residence November 2017 • .,