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BIOLOGICAL ASSESSMENT ENDANGERED SPECIES ACT SECTION 7 CONSULTATION
NORTH SHORE AT MILLERTON LAKE
Prepared by
LIVE OAK ASSOCIATES, INC.
David Hartesveldt, B.A. Principal/Wetland Scientist
Prepared for:
Friant Development Corporation Attention: John Kesterson, President
7740 North Fresno Street, #104 Fresno, California 93720
June 4, 2013 File No. 675-02
June 4, 2013
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TABLE OF CONTENTS LIST OF FIGURES .................................................................................................................... iii
I. INTRODUCTION ................................................................................................................... 1
II. DESCRIPTION OF THE PROPOSED PROJECT ........................................................... 7
III. ACTION AREA ................................................................................................................. 28
IV. SPECIES/CRITICAL HABITAT CONSIDERED ......................................................... 28
V. EFFECTS ANALYSIS ........................................................................................................ 52
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LIST OF FIGURES
Figure 1. Vicinity Map Figure 2. USGS Map Figure 3a. Land Use Plan: South Unit Figure 3b. Land Use Plan: North Unit Figure 4. Created Ponds: Plan, Profile, and Elevation Figure 5. Proposed Project – Phasing Plan Figure 6. Mitigation Phase 1 Figure 7. Mitigation Phases 2 & 3 Figure 8. Mitigation Phase 1 – Constructed Wetland, South Unit Figure 9. North and South Grazing Units Figure 10. California Tiger Salamander Occurrences Figure 11. Federally-listed Plant and Animal Species Occurrences Figure 12. San Joaquin Kit Fox Occurrences Figure 13. Onsite Observations of Hartweg’s Golden Sunburst, VELB Habitat and CTS Figure 14. Soils Figure 15. Relationship of Succulent Owl’s-Clover Critical Habitat to Project Site Figure 16. Relationship of Vernal Pool Fairy Shrimp Critical Habitat to Project Site Figure 17. Relationship of California Tiger Salamander Critical Habitat to Project Site Figure 18. Relationship of San Joaquin Valley Orcutt Grass Critical Habitat to Project Site Figure 19. Relationship of Hairy Orcutt Grass Critical Habitat to Project Site Figure 20. Relationship of Greene’s Tuctoria Critical Habitat to Project Site Figure 21. Project Site in Relation to Core Area of Southern Sierra Foothills Vernal Pool
Region
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Figure 22. Biotic Habitats Figure 23. Relationship of Higher and Lower Density CTS Aestivation Zones. Figure 24. Areas of Proposed Development with Slopes Greater Than 60% Located Greater
Than 0.4 Mile from Potential CTS Breeding Habitat
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BIOLOGICAL ASSESSMENT NORTH SHORE AT MILLERTON LAKE SPECIFIC PLAN
I. INTRODUCTION
Friant Development Corporation (FDC) proposes to implement the approved North Shore at
Millerton Lake master-planned community project in Madera County, California (hereafter
referred to as the Project). The Project is located on 2,103 acres on the northwest side of
Millerton Lake (hereafter referred to as the Project Site). The Project will permanently convert
380.8 acres of the site to residences, a small commercial/office development, community
facilities, and associated roads and infrastructure. An additional 329.4 acres will remain as open
space, much of which will be landscaped, irrigated with tertiary treated effluent, or used for the
construction of storm drain basins and reclaimed water features. Approximately 7.5 acres of
land is designated for community parks, while an additional 7.8-acre parcel is being conveyed to
the Dumna Wo-Wa Tribe of Native Americans. Approximately 3.8 acres of off-site lands will
be used for project access and localized road widening. The Project will create six new seasonal
ponds designed to provide breeding habitat for the California tiger salamander (Ambystoma
californiense); these ponds will occupy approximately 1.0 acre of a larger 1,377.5-acre area to
be protected in perpetuity as the North Shore at Millerton Lake Conservation Area (NSMCA).
FDC is seeking a permit from the U.S. Army Corps of Engineers (USACE) under Section 404
of the Clean Water Act to fill certain “waters of the United States” as part of project
construction. Given the potential impact of the Project on species listed as threatened or
endangered under the federal Endangered Species Act (ESA), the USACE will initiate formal
consultation with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the
ESA. This Biological Assessment provides the basis for determining the potential effects of the
Project on listed species and designated Critical Habitat for such species. It also assists the
USFWS in complying with the ESA requirement to use the best scientific and commercial
information available.
The Project Site is located at the north end of the Rio Mesa Planning Area and consists of two
contiguous units, one located due north and the other due west of Millerton Lake (Figure 1).
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These units are referred to in this report as the North Unit and the South Unit. Each unit has one
to two miles of Millerton Lake frontage. The site can be found in Sections 28, 31, 32, 33 of
Township 10 south, Range 21 east and Section 5 and 6 of Township 11 south, Range 21 east,
Mount Diablo Base and Meridian (Figure 2).
Threatened or Endangered Species The following federally listed species, and species proposed for listing, occur in the general
vicinity of the Project Site, and therefore potentially occur on it.
Status Codes for the Species Listed Below:
FE Federally Endangered FT Federally Threatened FC Federal Candidate for Listing Threatened or Endangered CE California Endangered CR California Rare CT California Threatened CSC California Species of Special Concern CNPS California Native Plant Society Listing
Invertebrates
Vernal pool fairy shrimp (Branchinecta lynchi) (FT) Vernal pool tadpole shrimp (Lepidurus packardi) (FE)
Valley elderberry longhorn beetle (Desmocerus californica dimorphus) (FT)
Fish
Spring-run Chinook salmon (Onchorhynchus tshawytscha) (FT, CT) Central Valley steelhead (Onchorhynchus mykiss) (FT)
Amphibians
California tiger salamander, central population (Ambystoma californiense) (FT, CT) California red-legged frog (Rana draytonii) (FT, CSC)
Birds
Western yellow-billed cuckoo (Coccyzus americanus occidentalis) (FC, CE) Mammals
Fresno kangaroo rat (Dipodomys nitratoides exilis) (FE, CE) San Joaquin kit fox (Vulpes macrotis mutica) (FE, CT)
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Plants (CNPS listing status also shown)
Carpenteria (Carpenteria californica) (FPT, CT) Succulent owl’s-clover (Castilleja campestris ssp. succulenta) (FT, CE, CNPS 1B)
Hoover’s spurge (Chamaesyce hooveri) (FT, CNPS 1B) San Joaquin orcutt grass (Orcuttia inaequalis) (FT, CR, CNPS 1B) Hairy orcutt grass (Orcuttia pilosa) (FE, CE, CNPS 1B) Hartweg’s golden sunburst (Pseudobahia bahiifolia) (FE, CE, CNPS 1B)
San Joaquin adobe sunburst (Pseudobahia peirsonii) (FT, CE, CNPS 1B) Greene’s tuctoria (Tuctoria greenei) (FE, CR, CNPS 1B) Consultation History to Date
Informal consultations between the Project proponent and the USFWS, California Department of
Fish and Wildlife (CDFW), and the USACE have occurred on a number of occasions. Agencies
and personnel consulted to date have been listed in Table 1 in the chronological order that
consultation occurred.
Table 1. North Shore At Millerton Lake: List of Federal and State Agency Meetings and Correspondence, 2004-2012.
Agency Date Agency Staff Attendees Topic
CDFW, Millerton State Recreation Area (SRA)
6/2/2004 Dan Applebee, Donna Daniels, Michael Jackson, Kathy Wood, Scott Wassmund, Wayne Harrison, Kevin Forrester, Dave Hartesveldt
Presented project, open space maintenance plan, etc.
USACE, USEPA, USFWS
11/4/2004 Meeting with Kathy Norton, (USACE), Jorine Compopiano (EPA), Susan Jones (USFWS)
Pre-application meeting in Sacramento.
CDFW 6/1/2007 Letter from W.E. Loudermilk, Regional Manager, Region 4, CDFW
Comment letter on draft EIR.
USFWS 6/12/2007 Letter from Peter Cross, Deputy Assistant Field Supervisor, USFWS
Comment letter on draft EIR.
CDFW, San Joaquin (SJ) River Parkway Trust, Millerton SRA, Sierra Foothill Conservancy (SFC)
7/24/2007 Julie Vance, Annee Ferranti, Jess Cooper, Al Orozco, Dave Koehler, Chuck Peck, Coke and James Hallowell
Met with combined group, discussed, concerns, take permits, agreed to on-going meetings.
CDFW, SJ River Parkway Trust, Millerton SRA
8/14/2007 Julie Vance, Annee Ferrani, Steve Juarez, Jess Cooper, Scott Wassman, Dave Keohler, Chuck Peck
Meeting at River Trust office. Discussed acquisition of entire property as conserva-tion easement, uses and mitigations, Cottonwood Creek restoration.
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Table 1 (cont.). North Shore At Millerton Lake: List of Federal and State Agency Meetings and Correspondence, 2004-2012.
Agency Date Agency Staff Attendees Topic
CDFW, USFWS, USACE, Millerton SRA Madera County Planning Dept.
8/16/2007 Julie Vance, Annee Ferranti, Tim Kuhn, Susan Jones, Mike Kinsey
Meeting at Madera RMA - Refresher of NFV-1 project and EIR. Live Oak Assoc. provided biological analysis. Agency Q&A. NFV-1 Q&A. Ray Beach explained county housing needs. CDFW stated that a mitigation understanding was needed.
CDFW, SJ River Parkway Trust, Millerton SRA, SFC
9/4/2007 Annee Ferranti, Jess Cooper, Dave Koehler, Chuck Peck
Meeting series, discussed land acquisition process, species of interest, take of listed species, possible mitigation measures, etc.
CDFW, SJ River Parkway Trust
10/29/2008 Julie Vance, Jeff Single, Justin Sloan, Bob Epperson, Jess Cooper, Jon Zaugg, Dave Koehler, Coke Hallowell, Madera County staff
Discussed: CTS - candidate status, trails, concerns about well pumping and effect on Cottonwood Creek.
CDFW 7/13/2009 Julie Vance, Justin Sloan Jad Dennis met with Julie Vance and Justin Sloan to discuss possible revised project.
CDFW 9/24/2009 Julie Vance, Justin Sloan, Dave Moser, Dave Hartesveldt, Jad Dennis, Mike Slater, John Ennis
Discussed North Shore “revised project”, including entire North Unit of the property dedicated to habitat preserve. Survey results and habitat quality also discussed.
USACE 10/28/2009 Letter from Paul Maniccia, Chief, California South Branch of the USACE
Verification/preliminary jurisdictional determination of waters of the U.S. on the North Shore at Millerton Lake Site.
CDFW, USFWS 2/26/2010 Meeting with Justin Sloan and Julie Vance of CDFW, and Kellie Berry and Susan Jones of USFWS
Presentation of revised project with intent of seeking feedback from CDFW and USFWS.
CDFW, USFWS 3/10/2010 Justin Sloan of CDFW and Kellie Berry of USFWS
Meeting in field with Justin Sloan and Kellie Berry to review revised site plan and familiarize both with the Project Site.
USACE 8/25/2011 Erin Hanlon of USACE Overview of project and anticipated permit needs.
USACE 4/25/2012 Dave Hartesveldt Dave sent revised mitigation and monitoring plan to Erin Hanlon (USACE) by overnight mail
CDFW, USFWS 8/2/2012 Meeting with Annee Ferranti, Steve Hulbert and Justin Sloan
Powerpoint presentation, re-introduction of project
CDFW, USFWS 8/23/2012 Meeting with Annee Ferranti, Steve Hulbert and Justin Sloan
Suggested to expand BA, shoreline acreage decreased value, emphasize biology, stay away from 'ratios'
USACE 10/25/2012 Paul Maniccia, Kathy Norton FDC travelled to Sac to discuss wetlands mitigations
CDFW, USFWS, USACE
11/7/2012 Annee Ferranti, Steve Hulbert (Justin Sloan unable to attend)
CDFW, USFWS are working together on project, no detailed discussion without USFWS in attendance
CDFW, USFWS, USACE
11/26/2012 Julie Vance, Annee Ferranti, Steve Hulbert, Justin Sloan, Kathy Norton (via phone) with Dave H. and Mark Jennings
Developed a verbal understanding of project CTS mitigation requirements to revise the submitted mitigation plan
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II. DESCRIPTION OF THE PROPOSED PROJECT
Federal Agencies with Jurisdiction over the Proposed Project
The only federal agency with permit and/or approval authority over the Project is the USACE.
FDC has applied to the USACE for a Clean Water Act Section 404 individual permit authorizing
the filling of approximately 153,375 square feet (3.521 acres) of waters of the United States.
The Applicant The Project applicant is:
Friant Development Corporation Attention: John Kesterson, President 7740 North Fresno Street, #104 Fresno, California 93720
Project Purpose
The purpose of the North Shore at Millerton Lake Project is to develop a comprehensive master-
planned community in southeast Madera County and thereby help to meet the housing needs of
the County while recognizing the site’s unique setting and historical heritage. The community
will have a multi-generational character designed to appeal to single home owners, emerging
families, families with school age children, empty-nesters and active seniors. The emphasis will
be on promoting a healthy outdoor-oriented lifestyle by interacting with the vast areas of open
space within the Project.
Project Description
North Shore at Millerton Lake (Project) is a master-planned community located on the northwest
shore of Millerton Lake, in Madera County (Figures 3a and 3b). The Project Site is
approximately 20 miles north of downtown Fresno, and 12 miles north of the newest
commercial, office core area of the City of Fresno. Millerton Lake is located on the San Joaquin
River, which divides Fresno and Madera Counties. The Project Site is located on approximately
2,103 acres of foothill cattle grazing land. The North Shore at Millerton Lake is within an easy
15 minute commute to north Fresno via Friant Road, a recently completed 4-lane expressway.
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Figure 3a. Land Use Plan, South Unit.
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Figure 3b. Land Use Plan, North Unit.
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With well over 75% of the land area committed to open space, the Project envisions offering a
series of neighborhoods of varying affordability levels in a less crowded environment where
residents can enjoy an active outdoor-oriented lifestyle.
The Project is a master-planned community consisting of medium to very low density residential
and a small commercial land use. In addition, there are areas for community facilities and parks.
There are substantial amounts of open space within the Project. The open space is divided into
community open space which will be maintained in its natural state, and an Open Space Preserve
which will be permanently protected through a conservation easement and managed for the
benefit of special-status species. The preserve areas will not be open to residents or the public,
but will be managed exclusively for their conservation values. The community open space will
have a system of community hiking trails which will be linked to the San Joaquin River Parkway
trail system. The Project has established a “no-build” zone to create a protective buffer for
Millerton Lake and the Millerton Lake State Recreation Area.
Cottonwood Creek, a seasonal tributary of the San Joaquin River, flows from northwest to
southeast through the southwestern portion of the Project Site. Although the Project requires two
bridge crossings, the creek bed will otherwise be protected by a setback of 100 feet or more, and
will be restored to a natural state. The Project Site contains several locations of archeological
significance which have been linked to the local Dumna Wo-Wah Tribe. A 7.8-acre site will be
conveyed to the Dumna Tribe, and although the Tribe has expressed an interest in locating a
cultural center on the site sometime in the future, the nature and timing of a future cultural
center, or other tribal use, is not currently known. The Tribe has also been granted access to
certain areas of cultural and historic significance within areas to be protected under conservation
easement. Other known cultural sites will remain undisturbed and protected within the
designated Open Space Preserve.
Detailed Description of the Proposed Land Uses. The Project has the potential to impact a
total of 730.3 acres (Figures 3a and 3b). Impacts within the South Unit will consist of the 380.8-
acre mixed use community, 329.4-acre community open space, 7.5 acres to be developed as
community parks, and 0.2 acre to be used for the construction of one potential breeding pond for
the California tiger salamander (CTS), for a total of 717.9 acres. Impacts within the North Unit
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will consist of the 7.8-acre parcel to be conveyed to the Dumna Indian Tribe and 0.8 acre to be
used for the construction of five potential CTS breeding ponds, for a total of 8.6 acres. Off-site
impacts will consist of 1.8 acres to be used for project access and 2.0 acres to be used for
localized road widening, for a total of 3.8 acres.
Impacts will result from the following project elements:
Very Low Density Residential (VLDR). The very low density residential category consists of
detached single-family residences at densities of 0.1 to 1.0 units per acre. Site topography
provides for clustering and arrangement of the home sites to fully take advantage of the scenery
and views associated with the property, while minimizing land disturbance and grading, and
leaving large areas of open space interspersed between clusters or strings of homes.
Low Density Residential (LDR). The low density residential category consists of detached
single-family residences at densities of 1.0 to 1.75 units per acre. Site topography encourages
and the envisioned concept provides for, clustering and arrangement of the home sites to fully
take advantage of the scenery and views associated with the property, while minimizing land
disturbance and grading, and leaving large areas of open space interspersed between clusters or
strings of homes. The home sites will not be evenly spaced on one or one-and-three-quarter acre
parcels, but rather clustered wherever possible to ensure open space gaps between individual
home sites.
Medium Density Residential (MDR). The medium density residential category permits single-
family residences at densities of 5.0 to 12.0 units per acre. These densities would occupy
neighborhoods which might include traditional street and lot layout, but could also include
various lot sizes and circulation designs in a planned unit development. Individual planning
areas or neighborhoods within the Project allow for the flexibility to also include patio or zero-
lot-line homes that can provide various levels of affordability.
Commercial/Office (C/O). The commercial/office designation allows for smaller stores, shops,
dry cleaners and other service providers as well as offices for medical, dental, legal, real estate
and other professionals.
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Parks (PK). Community parks of various sizes will be provided as shown in Figures 3a and 3b.
Amenities will be located in these designated park areas, including playground equipment, PAR
courses (family outdoor exercise areas), picnic facilities, etc.
Community Facilities/Schools (P/SP). The community facilities and schools category provides
for the location of water and waste water treatment facilities and schools appropriate to the
educational needs of the future residents.
Open Space Preserve (OS-PR). Approximately 892.1 acres of the North Unit and 485.4 acres of
the South Unit, or 1,377.5 acres total, will be set aside for the protection and recovery of certain
special-status species and to mitigate the impacts of development to those species (“North Shore
at Millerton Lake Conservation Area”). These preserve lands are to be managed exclusively for
their biological resource values and will not be accessible to the public or the residents of North
Shore at Millerton Lake. They will be actively managed to maximize habitat values for native
species per the provisions of a long-term management plan. Approximately 1 acre of the
NSMCA will be used for the construction of six seasonal ponds designed to provide suitable
breeding habitat for the CTS. Five ponds totaling approximately 0.76 acre will be constructed on
the North Unit, and one pond approximately 0.2 acre in size will be constructed on the South
Unit. Construction of the six ponds constitute the only project-related impact that will occur on
the NSMCA.
Open Space Natural (OS-N). The open space natural designation will include approximately
329.4 acres of open space that are not preserve lands, but also will not be built upon. Some of
these lands will be irrigated with tertiary treated reclaimed water. The residents of the
development will have limited access to this open space via designated footpaths, and mowed
firebreaks will be provided as needed adjacent to homes and project infrastructure. These open
space lands will otherwise remain undisturbed.
Tribal Land (IND1). Approximately 7.8 acres of the North Unit will be granted in fee to the
Dumna Tribal Council.
Off-Site Improvements. Where Road 145 and Road 206 enter the South Unit of the Project Site,
project access improvements will result in 0.14 acre and 1.66 acres of off-site impacts,
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respectively. Widening of both county road segments will result in an additional 2 acres of off-
site impacts within Madera County right-of-way.
Table 2. Summary of Land Uses, North Shore at Millerton Lake
Stormwater Drainage System. Within the Project, drainage zones and tributary areas have been
designated based upon natural terrain and existing drainage paths within the Specific Plan area.
Storm runoff currently drains into the Cottonwood Creek watershed to the south and into
Millerton Lake to the north. Approximately 4.9 acres of on-site detention basins will be
constructed to detain, clean, and release storm flows back into the natural drainage course. The
majority of detention facilities will be constructed in existing drainage channels, with the
objective of minimizing impacts to delineated waters of the United States and the natural
drainage condition. All basins will include some element of retention to promote groundwater
recharge. FDC will construct natural treatment system basins that will also function as habitat
for native plant and wildlife species per the US EPA Technical Fact Sheet on Storm Water
Wetlands.
Wastewater Treatment System. A wastewater treatment plant is planned within the South Unit,
along the west property line, just east of the Road 206 and Road 145 intersection. Wastewater
will be treated to a tertiary level in conformance with the State of California, Title 22
requirements.
On Site Water Distribution System. The water system for North Shore is comprised of seven
(7) wells and a series of discrete water pressure zones, the largest being a gravity fed zone. Each
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zone will have a minimum of two points of connection, while pumped zones will have a
redundant booster station design. The water system will be sized to meet Madera County fire
flow standards.
Creation of CTS Breeding Ponds. Five new seasonal ponds will be constructed in the
northeastern portion of North Unit and one new pond will be constructed near the north
boundary of the South Unit. These ponds will be designed to provide suitable breeding habitat
for the CTS. The ponds will be 0.23, 0.13, 0.14, 0.16, 0.10, and 0.2 acres in size, for a total of
0.96 acres of created CTS breeding habitat (for the purposes of this report the area of created
CTS breeding habitat is rounded to the nearest acre). All will be constructed by impounding
wetland drainages or seeps with 5’ earthen fill (Figure 4). The ponds will hold water for 4-5
months during years of average rainfall. Selection of pond sites was based on their location
within a sufficient drainage tributary, their relative distance from the Millerton Lake State
Recreation Area, and the expectation that steep drainage topography downstream of the pond
sites would limit the dispersal of bullfrogs into the constructed ponds. All created ponds will be
protected under conservation easement as part of the NSMCA.
Project Start and End Times. Projected start of construction (ultimately determined by market
conditions and a number of other unknowns) will be March of 2014. Projected build-out will
occur in five phases over a ten-year to twenty-year period. Thus, the Project is expected to be
completed in March of 2024-2034.
How the Construction Will be Carried Out. Design and engineering of the various elements
of the development (internal roads, building lots, water supply system, wastewater system,
reclaimed water system, storm water system, electrical supply system, gas supply system,
telephone and cable systems) will be carried out by qualified engineering firms specializing in
each discipline. Construction will be executed by contractors and sub-contractors with
specialized skills and equipment in each step of the construction process.
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Within the 730.3 acres designated as project footprint, construction activities will include those
appropriate for:
• Creation of roads, where appropriate bridges over natural drainages, paved parking areas,
etc; • Installation of domestic water pipelines; • Installation of sewer lines, waste water treatment facility, and spray facilities for effluent; • Installation of power and phone lines; • Creation of building pads; • Creation of six seasonal ponds.
Construction activities required to build the Project will include the following: grading, scraping,
scarifying, blasting, clearing and grubbing, excavating, trenching, staging, rock grinding,
material separation and production, material laydown, drilling, stockpiling, paving, concrete
washout, and operation of large trucks on project roads for delivery of construction material.
Ingress and egress will be via project roads identified on Figure 3a. Initial site grading will occur
during daylight hours of the dry season (April 1 through October 15th or the first rain event
delivering more than 0.5 inches of rain, whichever comes first). Other construction activities not
involving grading will occur at any time through the year.
Construction Access. Construction access will be via existing paved Madera County Road 206
and Road 145. Existing unimproved roads into the Project Site will provide initial access to
construction areas, but new roads will be constructed as part of the Project. These new roads will
provide access to all areas to be developed according to the development plan.
Staging/Laydown Areas. Staging areas will be adjacent to Madera County Road 206 in
appropriate pre-determined locations.
Construction Equipment and Techniques. Construction equipment will consist of heavy duty
bulldozers, graders, earth movers, trenchers, compactors, etc. of sufficient size and design to
adequately accomplish the project implementation goals. This equipment will be operated and
directed by skilled operators and field foremen utilizing the latest laser and global positioning
system (GPS) guided techniques.
June 4, 2013
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Impacts to Waters of the U.S and Sensitive Species. The Project will fill 3.521 acres of
jurisdictional waters, and has the potential to impact approximately 730.3 acres of upland habitat
that could theoretically be used for aestivation by California tiger salamanders. However, as will
be discussed in later sections, the project footprint is not uniformly suitable for CTS aestivation.
In fact, large portions of the project footprint may not support any aestivating CTS. The Project
also has the potential to adversely affect seven discontinuous populations of Hartweg’s golden
sunburst that collectively occupy 11.7 acres of the South Unit. However, the land on which
Hartweg’s golden sunburst occurs will be avoided and protected under conservation easement.
Duration of Temporary Impacts. Temporary and/or indirect impacts (noise, dust, construction
traffic, etc.) will persist on one part or another of the South Unit of the Project Site until all
Project related constructed is completed.
On-site Mitigation Measures. Approximately 1,377.5 acres of the Project Site will be
permanently preserved by a conservation easement deed as the NSMCA. The NSMCA will
provide a large block of undisturbed open space contiguous with larger blocks of open space
located immediately adjacent to the Site.
Project Phasing. The Project has been divided into five (5) Project Development Phases (PDP's)
to be implemented over an approximate 20-year period (Figure 5). Similarly, the NSMCA will
also be established in phases that correspond with the impacts created by each phase of Project
development. The first mitigation phase (Mitigation Phase 1) is shown as FA-1 on Figure 6 and
corresponds to the build-out of PDP - Phases 1 through 3 (Figure 5). A small, 14.6 acre swath of
land containing the primary drainage within the South Unit (Figure 5) will also be dedicated into
conservation easement as a part of Mitigation Phase 1. The second mitigation phase (Mitigation
Phase 2) is shown as FA-2 on Figure 7 corresponds to the build-out of PDP - Phase 4. The third
and last mitigation phase (Mitigation Phase 3) is shown as FA-3 on Figure 7 and corresponds to
the build-out of PDP - Phase 5. Mitigation Phase 3 contains all on-site populations of the
Hartweg’s golden sunburst. These development phases and corresponding mitigation phases are
discussed more thoroughly below and in other sections of this document.
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TABLE 2. PDP AND MITIGATION PHASING: ACREAGES Development
Phase Development Area (acres)
Mitigation Phase
Mitigation Area (acres)
1 200.7 1 906.7 2 34.8
3 59.2 4 37.2 2 250.1 5 49.0 3 220.7
Total 380.8 1,337.5
PDP Phases 1, 2, and 3 (Mitigation Phase 1)
Prior to breaking ground on Phases 1, 2, or 3, FDC will record a conservation easement deed on
the first phase of the NSMCA which will comprise 892.1 acres1
Mitigation Phase 1 of the NSMCA includes the construction of five (5) new impoundments
within the North Unit to serve as potential breeding habitat for the California tiger salamander.
The new water features will total approximately 0.70 acres while impacting approximately 0.07
acres of seasonal drainage and 0.05 acres of wetland swale/seep. A conservation easement deed
will not be recorded over the Mitigation Phase 1 lands of the North Unit until the five
impoundments have been constructed and accepted by the USACE as complete.
of the North Unit and 14.6 acres
of the South Unit (see Figures 5 and 6) and will establish an endowment to pay for the long-term
management and monitoring of both areas.
Mitigation Phase 1 of the NSMCA also includes 14.6 acres within the South Unit which lie along a
major drainage corridor, currently containing two cattle stock ponds. A new 3.74 acre wetland will
be constructed and is specifically tied to construction of PDP Phase 1 (Figure 8). This wetland will
be planted with native wetland species. A conservation easement deed will not be recorded over
the Mitigation Phase 1 lands of the South Unit until the constructed wetland has been accepted by
the USACE as complete.
Remaining lands within the South Unit that are planned as a future part of the NSMCA (Mitigation
Phases 2 and 3; 470.8 acres total) will be fenced and grazed as they have been for as long as the
1 The remaining 7.8 acres of the North Unit will be conveyed to the Dumna tribe.
June 4, 2013
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Figure 5. Proposed Project – Phasing Plan.
June 4, 2013
20
Figure 6. Mitigation Phase 1
South Unit 14.6 acres 3.74 acre
Wetland
FA-1: North Unit 892.1 acres
June 4, 2013
21
Figure 7. Mitigation Phases 2 & 3.
FA-2: South Unit 250.1 acres
FA-3: South Unit 220.7 acres
June 4, 2013
22
Figure 8. Mitigation Phase 1 – Constructed Wetland, South Unit
3.74 acre Wetland
June 4, 2013
23
FDC has owned them. These areas are shown in Figure 9 as “North Grazing” and “South
Grazing” units.
PDP – Phase 4 (Mitigation Phase 2)
Prior to the start of any grading on PDP - Phase 4, FDC will record a conservation easement
deed preserving in perpetuity Mitigation Phase 2 (approximately 250.1 acres) and establish an
endowment to pay for the long-term management and monitoring of this mitigation phase. This
easement area includes the northern portions of the South Unit and also includes the construction
of one (1) new impoundment to serve as potential breeding habitat for the California tiger
salamander. The new water feature will total approximately 0.20 acres while impacting
approximately 0.03 acres of seasonal drainage. A conservation easement deed will not be
recorded over Mitigation Phase 2 until the impoundment has been constructed and accepted by
the USACE as complete.
PDP – Phase 5 (Mitigation Phase 3
Prior to the start of any grading on PDP - Phase 5, FDC will record a conservation easement
deed preserving in perpetuity Mitigation Phase 3 (approximately 220.7 acres) of the NSMCA
and establish an endowment to pay for the long-term management and monitoring of this
mitigation phase. This easement area includes the entire Cottonwood Creek corridor, and the
seven discontinuous populations of Hartweg’s golden sunburst that occur on-site (Figure 7).
This easement area will only be partially fenced on the west and south property lines and along
the ridge of the plateau above the Cottonwood Creek riparian corridor. The fenced area will
additionally contain all known populations of the Hartweg’s golden sunburst and will also be
grazed as provided for in a USFWS-approved grazing plan. Grazing will not occur within the
riparian corridor of Cottonwood Creek in order to ensure native plant and tree species are able to
grow and flourish. Lastly, to prevent pedestrian access into the Cottonwood Creek riparian
corridor, a three-rail fence with avoidance signage will be installed between the new Cottonwood
Creek trail and the Cottonwood Creek riparian corridor.
The NSMCA and each of its constituent phases will also be subject to the provisions of a
USFWS-approved grazing plan. The purpose of the grazing plan is to maintain optimal
June 4, 2013
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vegetation height and density for use of upland habitats by California ground squirrels and
subsequently by aestivating CTS, to limit the growth of plants that might compete with the
Hartweg’s golden sunburst, and limit the proliferation of non-native grasses and forbs across the
NSMCA.
General Avoidance and Minimization Measures
The applicant agrees to the following general measures to avoid and minimize impacts to
Hartweg’s golden sunburst, CTS, and other sensitive species that might occur on or pass through
the Project Site.
1. No ground-disturbing activities will be allowed outside of the project construction
boundary. Construction fencing shall be placed along the construction boundary to clearly mark the limits of ground disturbing activities.
2. All project-related traffic shall be restricted to designated access roads, routes and construction areas within the construction boundary. No vehicular or pedestrian traffic or staging areas shall be allowed outside of the designated construction boundary.
3. Prior to initiation of any site preparation/construction activities, a USFWS-approved biologist will conduct an education and training session for essential construction personnel (construction manager, superintendent, foreman). The training program will instruct personnel on the life history, ecology, and legal context of Hartweg’s golden sunburst, CTS, and other sensitive species and their habitats. Sign-up sheets identifying attendees and the contractor/company they represent will be provided to USFWS. The USFWS-approved biologist is responsible for training and informing staff on the avoidance and minimization procedures and legal context regarding listed species.
4. To prevent sediment, hazardous materials, and other pollutants from washing or running off into vernal swales and pools outside of the construction boundary, the Project applicant shall implement best management practices as identified in a Storm Water Pollution Prevention Plan (SWPPP) as mandated by the California Regional Water Quality Control Board (CRWQCB). A SWPPP shall be prepared for the Project and shall be uploaded to the CRWQCB web server as required.
5. All fueling and maintenance of vehicles and construction equipment shall occur within the construction boundary and at least 250 feet away from any water body. The Project applicant and their contractor shall ensure that habitats are not contaminated by fueling and maintenance materials during such operations. Should spills occur, the spills will be cleaned up in accordance with the SWPPP; if a spill occurs within 250 feet of a water body outside of the construction boundary, USFWS shall be notified immediately.
June 4, 2013
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Figure 9. North and South Grazing Units.
North Grazing Unit
South Grazing Unit
Fenceline
Fenceline
June 4, 2013
26
Avoidance and Minimization Measures for Hartweg’s Golden Sunburst
As discussed, the Project will avoid and preserve the 11.7 acres upon which on-site populations
of Hartweg’s golden sunburst occur. However, there is a potential for individual plants to be
damaged by trespass into the preserve area by construction personnel, equipment, and ultimately
residents. FDC agrees to the following measures, designed to avoid and minimize impacts to
Hartweg’s golden sunburst.
1. Notwithstanding the fact that the lands on which the Hartweg’s golden sunburst populations occur will not be formally incorporated into the NSMCA until the final phase of mitigation, fencing will be constructed around this phase prior to the start of construction.
2. Signage will be placed on the fencing at appropriate intervals, stating that enclosed lands are protected habitat for endangered species and no entry is permitted.
3. Lands within the NSMCA phase containing Hartweg’s golden sunburst will be managed according to the provisions of the grazing plan and long-term management plan described previously, even prior to the formal incorporation of this phase into the NSMCA.
Avoidance and Minimization Measures for the California Tiger Salamander
As discussed, the Project would permanently impact up to 730.3 acres of upland habitat that
could theoretically be used for aestivation by CTS, and may result in the incidental take of
individual CTS occurring therein. FDC agrees to the following measures, designed to avoid and
minimize impacts to the CTS.
1. One-way exclusion fencing designed to allow CTS to leave but not enter the construction site shall be erected along the perimeter of the construction footprint(s), under the supervision of a qualified biologist with experience in the design and installation of such fencing. Fencing will be installed prior to October 15 for construction activities commencing the following year, and will remain in place and in good repair for the duration of project development.
2. A salvage plan acceptable to USFWS and CDFW will be developed and implemented prior to the start of construction. Among other provisions, the plan will include hand-excavation of all California ground squirrel and Botta’s pocket gopher burrows within 0.25 mile of potential CTS breeding pools. If salamanders are discovered during hand-excavation, a biologist with a Section 10(a)(1)(A) recovery permit for CTS will relocate
June 4, 2013
27
the salamander(s) to an area pre-approved by USFWS and CDFW no more than one hour after capture.
3. FDC shall hire a USFWS- and CDFW-approved monitoring biologist who will be present on-site during initial ground-disturbing activities. The biologist will monitor construction activities daily throughout the initial ground-disturbing period to ensure that avoidance and minimization measures are being properly implemented and executed. Once initial ground-disturbing activities are completed, the monitoring biologist will remain available for site inspection as needed. If a salamander is observed within the Project Site by a worker, the worker will immediately inform the monitoring biologist. All work will halt and machinery will be turned off within 100 feet until a biologist with a Section 10(a)(1)(A) recovery permit for CTS removes the salamander from the work area. Captured salamanders will be relocated to areas pre-approved by USFWS and CDFW no more than one hour after capture.
4. During initial ground-disturbing activities, all maintenance and construction excavations greater than one foot deep will, at the end of each working day, 1) be completely covered with boards or other materials, 2) be completely filled in with dirt, or 3) include earthen escape ramps to prevent entrapment of CTS. The monitoring biologist shall examine holes when they are uncovered for the first time each day and periodically throughout the day for the duration of construction. Before such holes or trenches are filled, they will be thoroughly inspected for trapped animals. If CTS are discovered during these inspections, a biologist with a Section 10(a)(1)(A) recovery permit for CTS will translocate the salamander(s) to an area pre-approved by USFWS and CDFW no more than one hour after capture.
5. The proposed Project shall use materials for erosion control, such as filter fabrics, coconut coir matting, or fiber rolls in which the spaces between weaving or netting are small enough so as to not result in potential entrapment of salamanders (<1/4 square inch). No plastic netting materials are allowed.
6. The proposed Project shall eliminate attractions to CTS predators such as raccoons, crows, and ravens, by ensuring all food-related trash items such as wrappers, cans, bottles, and food scraps are disposed of in closed containers and removed at least once a week from the Project Site during the construction period.
7. FDC shall employ measures to discourage CTS from entering the constructed development. Such measures might include installation of raised curbs in the development, or modified fence design along NSMCA boundaries fronting the development, in which the bottom portion of the fence would be constructed of an impermeable material and partially buried. FDC will obtain approval from USFWS and CDFW for any measures to be employed prior to the start of construction.
8. If requested during or upon completion of construction activities, the USFWS- and CDFW-approved biologist will accompany agency personnel on an on-site inspection of the site to review proposed Project effects to the CTS and its habitats.
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III. ACTION AREA
The action area consists of the 2,103-acre Project Site and the 3.8 acres proposed for off-site
improvements. Both the North and the South Units are included as part of the action area, even
though only 8.6 acres of the North Unit have the potential to be impacted by the Project. The
North Unit has been included because (1) it is part of the same property as the South Unit, (2) the
majority of the North Unit will be part of a larger Open Space Preserve that includes some lands
of the South Unit, (3) the North Unit includes the 7.8-acre parcel to be conveyed to the Dumna
Tribe, upon which development may occur at some point in the future; and (4) approximately
0.76 acres of the North Unit will be used for the creation of 5 new ponds that will be suitable as
CTS breeding habitat. The Open Space Preserve to be established by the applicant will serve as
mitigation for possible project impacts to the CTS.
IV. SPECIES/CRITICAL HABITAT CONSIDERED
Several species of plants and animals within the state of California have low populations, limited
distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation
as the state’s human population grows and the habitats these species occupy are converted to
agricultural and urban uses. State and federal laws have provided the CDFW and the USFWS
with a mechanism for conserving and protecting the diversity of plant and animal species native
to the state. A sizable number of native plants and animals have been formally designated as
threatened or endangered under state and federal endangered species legislation. Several
federally-listed plant and animal species are known to occur or believed to occur on and near the
Project Site. These species, and their potential to occur on the Project Site, are listed in Table 3
on the following pages. The locations of nearby sightings of federally-listed species have been
shown in Figure 10 (CTS observations within a 3-mile radius of the Project Site), Figure 11
(Hartweg’s golden sunburst, succulent owl’s-clover, and vernal pool fairy shrimp observations
within a 3-mile radius of the Project Site), and Figure 12 (San Joaquin kit fox observations
within a 10-mile radius of the Project Site).
Sources of information for this table included California’s Wildlife, Volumes I, II, and III
(Zeiner et. al 1988 and 1990), California Natural Diversity Data Base (CDFW 2013),
Endangered and Threatened Wildlife and Plants (USFWS 2009), The Status of Rare,
MA
DE
RA
CO
FRE
SN
O C
O
LOA, 2009
LOA, 2009
LOA, 2009LOA, 2009
Live Oak Associates, Inc.
North Shore at Millerton LakeCalifornia Tiger Salamander
Project #Date Figure #2/21/2013 10675-02
Projec
t
Site
California Tiger Salamander observation
LEGEND
Sources:California Natural Diversity Database 1/2013Live Oak Associates, Inc. (LOA) Field Observations
MAD
ERA
COFR
ESNO
CO
ProposedDumnaProperty
Live Oak Associates, Inc.
North Shore at Millerton LakeFederally-Listed Plant & Animal Species
Project #Date Figure #4/23/2013 11675-02
Project
Site
0
approximate scale in miles
2 miles2 mi
Federally Listed SpeciesLEGEND
Hartweg's Golden SunburstVernal Pool Fairy ShrimpSucculent Owl's-clover
Sources:California Natural Diversity Database 4/2013
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12
June 4, 2013
32
Threatened, and Endangered Plants and Animals of California (CDFG 2005), and The
California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of
California (CNPS 2013). The CNDDB was used to search nine USGS 7.5 minute quadrangles
in the vicinity of the Project Site for federally-listed plant and animal species as well as natural
communities of special concern. These quads included Friant, Academy, Millerton Lake East,
Millerton Lake West, Little Table Mountain, Lanes Bridge, Fresno North, Clovis, and Round
Mountain.
Additional information used to develop Table 3 and Figures 10, 11, and 12 was collected while
conducting focused surveys for rare plants, invertebrates, amphibians, and wetlands on the
Project Site. These various surveys were conducted by Live Oak Associates, Inc. (LOA)
biologists during the spring of 2001, and in the years 2004 through 2010.
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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY. PLANTS (adapted from CDFW 2013 and CNPS 2013) Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence on the Project Site Carpenteria (Carpenteria californica)
FPT, CT
Several occurrences in Fresno Co. and one in Madera Co.; primarily in chaparral, but also in mixed hardwoods with shrub understory.
Absent. Suitable habitat was not present for this species, nor was it observed during field surveys conducted during the spring of 2004.
Succulent Owl’s Clover (Castilleja campestris ssp. succulenta)
FT, CE
Vernal pools and swales, valley foothills and grasslands; blooms April to May.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. The succulent owl’s-clover is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.
Hoover’s Spurge (Chamaesyce hooveri)
FT, CNPS 1B
Occurs in vernal pools of California’s Central Valley.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. The Hoover’s spurge is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.
San Joaquin Valley Orcutt Grass (Orcuttia ineaqualis)
FT, CE, CNPS 1B
Occurs in deep vernal pools of California’s Central Valley; blooms April to September.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. The San Joaquin Valley orcutt grass is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.
Hairy Orcutt Grass (Orcuttia pilosa)
FE, CE Vernal pools California’s Central Valley. Requires deep pools with prolonged periods of inundation; blooms May to September.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. The hairy orcutt grass is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.
Hartweg’s Golden Sunburst (Pseudobahia bahiifolia)
FE, CE Occurs in grasslands of the western foothills of the Sierra Nevada in volcanic pumice soils. Often found in soils of the Rocklin series; blooms March to April.
Present. Several discontinuous populations occur on a total of 11.7 acres of the South Unit of the site in soils of the Rocklin series west of Cottonwood Creek (CDFW 2013).
San Joaquin Adobe Sunburst (Pseudobahia peirsonii)
FT, CE Occurs in Centerville and Porterville heavy clay soils in valley and foothill grassland habitat; blooms March to April.
Absent. Porterville and Centerville clay soils are absent from the Project Site. Furthermore, the Site is approx. 12 miles north of the northern-most population of San Joaquin adobe sunburst and apparently out of its range (CDFW 2013).
Greene’s Tuctoria (Tuctoria greenei)
FE, CNPS 1B
Occurs in vernal pools of California’s Central Valley; blooms May to September.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. The Greene’s tuctoria is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.
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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY.
ANIMALS (adapted from CDFW 2013 and Zeiner 1988)
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence on the Project Site Vernal Pool Fairy Shrimp (Branchinecta lynchi)
FT Primarily found in vernal pools of California’s Central Valley.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. Stock ponds and overflow pools adjacent to natural drainages provide marginal habitat for this species. No vernal pool fairy shrimp were found during permitted reconnaissance surveys of stock ponds and overflow pools in the spring of 2009.
Vernal Pool Tadpole Shrimp (Lepidurus packardi)
FE Primarily found in vernal pools of California’s Central Valley.
Unlikely. Vernal pools are absent from the South Unit of the Project Site. Stock ponds and overflow pools adjacent to natural drainages provide marginal habitat for this species. No tadpole shrimp were found during permitted reconnaissance surveys of stock ponds and overflow pools in the spring of 2009.
Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus)
FT Lives in mature elderberry shrubs of California’s Central Valley and Sierra Foothills.
Possible. Three elderberry shrubs occur on the North Unit of the Project Site. These shrubs provide potential habitat for the VELB. No elderberry shrubs occur on the South Unit.
Chinook Salmon (Spring Run) (Oncorhynchus tshawytscha)
FT , CT
Runs historically occurred in the Sacramento and San Joaquin Rivers and their tributaries. Spring-run Chinook salmon were extirpated from the San Joaquin River following the completion of the Friant Dam in 1942.
Absent. Spring-run Chinook salmon do not currently occur in the San Joaquin River or its tributaries, including Cottonwood Creek, which passes through the Project Site. However, fall runs of this species were recently reintroduced to the reach of the San Joaquin River between Friant Dam and the confluence with the Merced River. Reintroduction of spring runs are planned for the same reach.
Central Valley Steelhead (Oncorhynchus mykiss)
FT The anadromous form of the rainbow trout, native to Pacific streams from Alaska to Mexico. Runs occur in the San Joaquin River up to its confluence with the Merced River.
Absent. No steelhead currently occur in the San Joaquin River, to which Cottonwood Creek is tributary. Therefore, no steelhead would occur in Cottonwood Creek, which passes through the Project Site. It remains to be seen whether the San Joaquin River Restoration Program will be successful in returning steelhead to the upper reach of the San Joaquin River (below Friant Dam) and its tributaries.
California Tiger Salamander (Ambystoma californiense)
FT , CT Found primarily in annual grasslands; requires vernal pools for breeding and rodent burrows for refuge.
Present. LOA observed CTS larvae in two stock ponds, and an adult male in a third stock pond, on the Project Site’s North Unit in 2009. Ground squirrel and gopher burrows provide suitable aestivation habitat for this species adjacent to these three ponds. CTS were not observed in stock ponds of the South Unit at the time of larval surveys conducted during the spring of 2009 and 2010.
California Red-legged Frog (Rana draytonii)
FT, CSC
Occurs in permanent aquatic habitats such as creeks and ponds with emergent vegetation.
Absent. With the introduction of bullfrogs to the state, California red-legged frog populations have declined considerably. This species is thought to be extirpated from eastern Madera and Fresno Counties. Although perennial aquatic habitat required by this species is present in the Project Site (in the form of man-made overflow pools and stock ponds), the California red-legged frog would not be present. No tadpoles or mature adults of red-legged frogs were observed by LOA during 2009 aquatic surveys of the Project Site.
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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY. ANIMALS (cont’d)
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act
Species Status Habitat *Occurrence on the Project Site Western Yellow-billed Cuckoo (Coccyzus americanus occidentalis)
FC, CE Nests in dense riparian forests. Inhabits broad, lower flood bottoms of larger river systems.
Absent. Riparian habitat suitable for this species is absent from the region. The last known occurrence of the western yellow-billed cuckoo in the region was on Fancher Creek in 1907, approx. 15 miles to the southeast of the Site (CDFW 2013).
Fresno Kangaroo Rat (Dipodomys nitratoides exilis)
FE, CE Historically occurred in alkali sink scrub and alkali grassland habitats of Fresno, Madera and potentially Tulare Counties.
Absent. Habitat suitable for this species is absent from the Project Site. The nearest documented occurrence was reported in 1898 from what is now the Hwy 99 corridor, a location approx. 20 miles to the southwest of the Project Site (CDFW 2013).
San Joaquin Kit Fox (Vulpes macrotis mutica)
FE, CT Desert alkali scrub, annual grass-lands of California’s San Joaquin Valley and Tulare Basin, extending west into San Luis Obispo County. This species may forage in adjacent agricultural habitats.
Unlikely. Several focused surveys for the kit fox have been conducted within the past decade near the Project Site (LOA 2002 and 2003, Stebbins 1997). One study included camera stations and spot-lighting of a large site to the southeast of the Project Site. Another study was conducted on an adjoining parcel to the south. Kit foxes and evidence of kit foxes have not been observed during any of these studies. One possible sighting was made in the early 1990’s along Friant Road, although no documented sightings are known before or since this possible sighting.
* Explanation of Occurrence, Designations, and Status Codes Present: Species observed on the Site at time of field surveys or during recent past. Likely: Species not observed on the Site, but it may reasonably be expected to occur there on a regular basis. Possible: Species not observed on the Site, but it could occur there from time to time. Unlikely: Species not observed on the Site, and would not be expected to occur there except, perhaps, as a transient Absent: Species not observed on the Site, and precluded from occurring there because habitat requirements not met. STATUS CODES FE Federally Endangered CE California Endangered FT Federally Threatened CT California Threatened FPT Federally (Proposed) Threatened CSC California Species of Special Concern FC Federal Candidate CNPS California Native Plant Society Listing FPD Federally (Proposed) Delisted CFP California Fully Protected
The following is an expanded discussion of selected federally listed plant and animal species
listed in Table 3. Omitted from this expanded discussion are all the special status species that
may be present within the Project Site from time to time (or even regularly), but represent no
appreciable regulatory constraint to site development, their occasional presence notwithstanding.
June 4, 2013
36
Special Status Vernal Pool Plant Species
A number of special status vernal pool plant species occur, or once occurred, in vernal pools of
Fresno and Madera Counties. These include the succulent owl’s-clover, hairy orcutt grass, San
Joaquin Valley orcutt grass and Greene’s tuctoria (see Table 3 for listing status of each). A
fourth species, Hoover’s spurge, has been documented in pools within 30-40 miles of the Project
Site. It is reasonable to conclude that should any suitable vernal pool habitat be located within
the Project Site, one or more of the above species may be present.
No vernal pools are located within the South Unit of the Project Site. Overflow pools and stock
ponds located on the South Unit of the Project Site do not provide suitable habitat for these plant
species. Special status vernal pool species are therefore absent from the portions of the site to be
developed. Marginal habitat does exist in the single vernal pool located along the site’s northern
boundary in the North Unit. This pool will be preserved within the proposed conservation
easement area and the Project will not impact those special status plant species dependent on
vernal pools.
Hartweg’s Golden Sunburst
Several discontinuous populations of the state and federally endangered Hartweg’s golden
sunburst occur in Rocklin soils, pumiceous variant of the Project Site (CDFW 2013). Rocklin
soils are limited to that area of the site located between Cottonwood Creek and Road 206.
Stebbins (1991) reports that these populations constitute one large population made up of 7
subpopulations with approximately 18,000 plants observed in 1989 and approximately 16,000
plants observed in 1990.
LOA completed a comprehensive survey of the site for Hartweg’s golden sunburst during the
spring of 2001. Meander surveys were completed at the peak blooming period throughout the
area of Rocklin soils and the boundaries of each population were staked. The boundaries were
surveyed and each population was then placed on a map of the site (Figure 13). The total area of
the site occupied by the Hartweg’s golden sunburst during the spring of 2001 was 11.7 acres.
The area of potential occurrence is limited to a small area of the site where the requisite soil
Live Oak Associates, Inc.North Shore at Millerton Lake
Onsite Observations of Hartwet's Golden Sunburst,VELB Habitat and CTS
Project #Date Figure #5675-02
0
approximate scale in miles
1 mile1 mi
Millerton Lake
Approximate Project Boundary
Approximate Project Boundary
Approximate Project Boundary
SOURCE:USGS 7.5 minute Quadrangles: Friant, Millerton West 11/30/2011
Hartweg's Golden Sunburst
Blue Elderberry Bush
Known CTS Breeding Pond
Adult CTS Observation
LEGEND
13
June 4, 2013
38
(Rocklin) occurs (Figure 14). Because the survey was completed during a winter of nearly
average precipitation, and because many thousands of individuals were blooming at the time of
the survey, it is unlikely that the various populations together occupy more of the site than was
mapped in 2001.
Vernal Pool Fairy Shrimp
The vernal pool fairy shrimp is a federally threatened crustacean occurring in vernal pools and
other seasonal pools of California’s Central Valley and coastal plains. This species has been
abundantly documented in vernal pools of Fresno and Madera Counties, and is known to occur in
such pools within one to two miles of the Project Site.
Given the proximity of known populations to the Project Site, it is reasonable to conclude that
the vernal pool fairy shrimp might occur on site if suitable habitat for this species were present.
Reconnaissance-level surveys for vernal pool crustaceans were conducted in the winter and
spring of 2009 in all potentially suitable habitats of the Project Site, which included stock ponds
and overflow pools forming in and adjacent to seasonal drainages, and one small vernal pool on
the North Unit. Vernal pool fairy shrimp were not detected in these permanent and seasonal
aquatic habitats. This is not surprising. Stock ponds provide permanent aquatic habitat, and this
species is known to occur in seasonal pools that dry by mid- to late spring. Pools associated with
seasonal drainages are prone to flooding during major storm events, which would wash any
shrimp that may be present downstream. Lack of suitable habitat within the Project Site (with
the exception of one small vernal pool) precludes this species from occurring on it.
Vernal Pool Tadpole Shrimp
The vernal pool tadpole shrimp inhabits seasonal pools of the San Joaquin and Sacramento
Valleys and adjoining basalt tabletops of the lower Sierra Nevada foothills. This species is
known to inhabit vernal pools ranging in size from two square meters to the 89-acre Olcott Lake
at Jepson Prairie. Vernal pool tadpole shrimp have been documented on the McKenzie Table
seven miles northeast of the Project Site.
No vernal pool tadpole shrimp were detected during surveys for vernal pool crustaceans during
the spring of 2009. The single vernal pool on the North Unit likely does not have an inundation
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14
June 4, 2013
40
time sufficient to support tadpole shrimp, and this species would be absent from stock ponds and
overflow pools of the Project Site for the same reasons given for the vernal pool fairy shrimp.
Valley Elderberry Longhorn Beetle
The valley elderberry longhorn beetle (VELB) only occurs in the blue elderberry (Sambucus
mexicanus), a shrub of riparian and foothill woodland habitats. The VELB has been documented
in a variety of habitats of the Sierra foothills, as well as in the riparian corridor of the San
Joaquin River below Friant Dam. Surveys of the Project Site identified the presence of three
elderberry shrubs, all in the North Unit (see Figure 13) in areas to be protected in perpetuity as
Open Space Preserve. These bushes provide suitable habitat for the VELB, which is considered
potentially present on the North Unit.
Spring-Run Chinook Salmon
The spring-run Chinook salmon is born in freshwater, emigrates to the ocean where it spends
most of its adult life, and then returns to freshwater rivers and streams between the months of
April and June to spawn. Habitat conditions suitable for spawning include water depths ranging
from a few inches to several feet, velocities ranging from one to 2.6 feet per second, water
temperatures that generally remain below 65 degrees Fahrenheit, and coarse gravels for
spawning.
Historically, this species occurred in both the Sacramento and San Joaquin Rivers and their
tributaries; however, with the completion of the Friant Dam in 1942, Chinook salmon were
largely eliminated from the San Joaquin River watershed. Fall-run Chinook salmon were
recently reintroduced between Friant Dam and the San Joaquin’s confluence with the Merced,
and reintroduction of spring-run Chinook salmon to this reach of the river is planned for 2013.
Cottonwood Creek may have once served as spawning habitat for spring-run Chinook salmon.
Should this species be successfully re-introduced to the San Joaquin River, it is hypothetically
possible that individuals would ascend Cottonwood Creek during wet winters to spawn.
June 4, 2013
41
Central Valley Steelhead
Steelhead is an anadromous form of rainbow trout. Thus, this form of rainbow trout is born in
freshwater, emigrates to the ocean where it spends most of its life, and then returns to freshwater
rivers and streams to spawn. Winter run Central Valley steelhead was once widely distributed
throughout California’s Central Valley in the Sacramento River, San Joaquin River and their
tributaries. Spawning commonly occurred from December through April (McEwan 2001).
Habitat conditions suitable for spawning include water depths ranging from 6 to 36 inches,
velocities ranging from one to 3.6 feet per second, water temperatures that generally remain
below 56 degrees Fahrenheit, and gravels for spawning ranging from 0.2 to 4 inches in diameter.
Historically, Central Valley steelhead occurred in the San Joaquin River and all of its tributaries
south to the Kings River. Therefore, Central Valley Steelhead at one time occurred in the San
Joaquin River where it passed through Friant. The completion of Friant Dam in 1941, and the
subsequent diversion of water from the main channel downstream of Friant Dam to the Friant-
Kern and Madera Canals dewatered much of the San Joaquin River between Gravelly Ford and
the River’s confluence with the Merced River. Thus, Central Valley steelhead no longer can
access the San Joaquin River upstream of its confluence with the Merced River, meaning that
Central Valley steelhead have not used the reach of San Joaquin River in the Friant area since the
late 1940s or early 1950s. While Cottonwood Creek, which passes through the Project Site, may
have at one time provided spawning habitat Central Valley steelhead, it no longer does.
California Tiger Salamander
The state and federally threatened California tiger salamander (CTS) occurs in Madera and
Fresno Counties where vernal pool complexes are located within extensive grassland habitats.
Vernal pools that hold water for 3-4 months during the winter and spring provide suitable
breeding habitat for the CTS. The CTS larvae mature in these vernal pools as they begin to dry
in April and May. The young adult CTS leave the drying pools to find the burrows of California
ground squirrels and pocket gophers in which to aestivate (oversummer). While CTS may
wander up to 1.3 miles from their breeding habitat in search of aestivation habitat (Orloff 2007),
95% of all salamanders aestivate within 0.4 mile of breeding habitat (Searcy and Shaffer 2008).
June 4, 2013
42
The Project Site provides suitable breeding habitat for CTS in the form of three stock ponds, all
located on the North Unit. Two additional stock ponds located on the South Unit are not suitable
for breeding by CTS due to the presence of American bullfrogs (Lithobates catesbeianus), a
significant CTS predator. The single vernal pool located on the North Unit does not appear to
hold water long enough to support CTS reproduction. LOA conducted spring larval surveys for
CTS in 2009 and 2010, consisting of the seining of all potentially suitable habitat in the months
of March, April, and May. CTS larvae were observed in two stock ponds, and an adult male in a
third stock pond, of the Project Site’s North Unit in 2009 in areas to be protected as Open Space
Preserve (see Figure 13). No CTS were detected in the single vernal pool of the North Unit or in
any ponds of the South Unit during these surveys.
All areas of the Project Site are located within 1.3 miles of known or potential CTS breeding
pools. Therefore, all upland habitats of the Project Site may theoretically be used by CTS for
aestivation. However, as will be discussed in later sections, not all uplands of the Project Site are
uniformly suitable as CTS aestivation habitat, and some may not be used by CTS at all.
San Joaquin Kit Fox The San Joaquin kit fox once occurred throughout much of the San Joaquin Valley, but this
species favored areas of alkali sink scrub and alkali grassland in the trough of the San Joaquin
Valley and Tulare Basin, as well as areas further west. The low foothills of the Sierra Nevada
found at the eastern edge of the San Joaquin Valley would be at the margin of their natural range.
In fact, there are no published records of observations of kit fox east of Highway 99 in Madera
County. The nearest confirmed record of a small kit fox population to the Project Site is western
Madera County approximately 40 miles away.
There have been several sightings of kit fox, mostly unverified, in Fresno County from just south
of the San Joaquin River south to Piedra (CDFG 1994) (see Figure 12). One such sighting is
highly unlikely, since it appears to be at an elevation of approximately 1,875 feet in oak
woodland habitat with a known brushy understory. This type of habitat is not known to be used
by kit foxes. This record was likely a gray fox (Urocyon cinereoargenteus). One sighting from
1994 was from a location just east of Friant Road, about 3 miles to the south of the Project Site.
The fact that no one has reported any kit fox sightings before or since that 1994 sighting suggests
June 4, 2013
43
that this individual, if indeed a kit fox, was a transient that had strayed far from known
population centers.
A number of kit fox surveys conducted in recent years have failed to turn up any evidence of this
species in the Millerton and Friant area (the general vicinity of the Project Site). Curt Uptain of
the San Joaquin Valley Endangered Species Recovery team conducted a 3-day survey of the
Millerton Specific Plan Area in 1997 (Stebbins 1997). He concluded at that time that the
Specific Plan Area did not constitute good habitat for kit foxes, due to lack of suitable denning
habitat and the abundance of predators (i.e. coyotes, bobcats, raptors, etc.). He reiterated his
opinions during a reconnaissance field survey of the area in March of 2002 (Curt Uptain, pers.
comm.). LOA conducted den surveys on portions of the Millerton Specific Plan Area in the
spring of 2002, as well as on lands just north of the San Joaquin River in Madera County. These
surveys included the use of camera stations and track plates wherever burrows were arguably of
a size suitable for kit foxes. Evidence of kit foxes was not detected during these surveys. LOA
also conducted den surveys on River Ranch in Madera County (immediately south of the North
Shore at Millerton Lake Project Site) without detecting any sign of kit foxes.
In October of 2003, LOA conducted an extensive survey for the San Joaquin kit fox on lands
fronting Friant Road in Fresno County. This study involved den surveys, photo stations, track
plates, and night spotlighting. Kit foxes and evidence of kit foxes were not detected. The results
of these surveys persuaded the U.S. Department of Transportation Federal Highway
Administration that a kit fox population was absent from the area. Regional and site-specific
evidence clearly indicates that a kit fox population does not occur on the Project Site or in its
general vicinity, and no impacts to kit foxes will occur from the Project.
Critical Habitat
The southernmost area of the Project Site (south of Cottonwood Creek) has been designated as
Critical Habitat for the succulent owl’s-clover under the ESA (Figure 15). This species is not,
however, present anywhere within the Project Site. The Project Site contains only one small
vernal pool, and other seasonal wetland habitats potentially suitable for this species are absent.
This species has never been observed between 2001 and 2010 during LOA’s field studies
conducted on the Project Site.
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15
June 4, 2013
45
The Project Site is outside of designated Critical Habitat for all other federally threatened and
endangered species occurring regionally (Figures 16 through 20). Such species include vernal
pool fairy shrimp, California tiger salamander, San Joaquin Valley orcutt grass, hairy orcutt
grass, and Greene’s tuctoria.
Recovery Plan
The USFWS issued the Recovery Plan for Vernal Pool Ecosystems of California and Southern
Oregon in May of 2008. This recovery plan identified a “core area” within the Southern Sierra
Foothills Vernal Pool Region that includes much of the Project Site’s South Unit (Figure 21).
The “core areas” identified in the recovery plan are the areas to be the initial focus of protection
measures for vernal pool ecosystems.
Although a large area of the South Unit has been included in the designated “core area,” no
vernal pools are present within the South Unit. Therefore, vernal pool species, with the possible
exception of the California tiger salamander, are absent from the Project Site. As explained later
in this document, the California tiger salamander has never been observed on the South Unit
notwithstanding two seasons of protocol spring larval surveys, so it too may be absent from this
part of the designated “core area.”
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19
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20
LEGENDProject site
Southern Foothills Vernal Pool Region
Core Areas
5 miles
approximate scale
0
Map subset courtesy of U.S. Fish & Wildlife Service
Live Oak Associates, Inc.North Shore at Millerton Lake
Project Site in Relation to Core Areaof Southern Sierra Foothills Vernal Pool Region
Project #Date Figure #1/11/2011 14675-02
5 miles21
June 4, 2013
52
V. EFFECTS ANALYSIS
Biotic Habitats on Site
Six biotic habitats were identified on the site (Figure 22). These include non-native grassland,
blue oak woodland, valley foothill riparian, seasonal drainages and swales, stock ponds, and a
single vernal pool. A list of the vascular plants observed on the site during limited surveys has
been provided in Appendix A. A list of terrestrial vertebrates using, or potentially using, the
study area has been provided in Appendix B.
Non-native Grassland
Non-native grassland habitat was the most extensive habitat of the study area. The dominant
grasses of this habitat were non-native annuals primarily of European origin. These included
ripgut brome (Bromus diandrus), soft chess (Bromus hordeaceus), wild oats (Avena fatua),
barnyard barley (Hordeum murinum ssp. leporinum), and rattail fescue (Vulpia myuros).
Common forbs associated with these grass species included red-stem filaree (Erodium
cicutarium), broad-leaf filaree (Erodium botrys), telegraph weed (Heterotheca grandiflora), and
smooth cat’s-ear (Hypochaeris glabra). Grasslands of the site would also support a large variety
of native spring-flowering annuals and perennials including rusty popcorn flower (Plagiobothrys
nothofulvus), Eastwood’s fiddleneck (Amsinckia eastwoodeae), fringepod (Thysanocarpus
curvipes), and bi-color lupine (Lupinus bicolor), to name just a few.
Annual grasslands of the site, like grasslands throughout the region, are productive biotic
habitats supporting a large diversity of native terrestrial vertebrates. The burrows of rodents that
breed and forage in grasslands also provide cover for various amphibian and reptile species, as
well as food for several species of snakes. Grasslands of the region provide significant foraging
habitat for a variety of resident and wintering raptors, as well as large numbers of granivorous
(seed-eating) birds. Furthermore, the dense cover of native and non-native grasses and forbs
provide cover for large populations of small mammals that in turn attract a diversity of predatory
species.
Proj
ect B
ound
ary
Live Oak Associates, Inc.
Biotic Habitats
Project #Date Figure #15675-02
7/10 mile radius from project boundary
Project Boundary
Non-native Grassland
Blue Oak Woodland
Seasonal Drainages (Valley foothill riparian, Stock ponds, Seasonal channels/swales/seeps)
approximate scale
0 1/2 mile1/2 mile
LEGEND
11/29/2011
North Shore at Millerton Lake
22
June 4, 2013
54
Clearly, grasslands of the site provide suitable habitat for a number of amphibians and reptiles.
Amphibians such as western toads (Bufo boreas) and Pacific chorus frogs (Pseudacris regilla)
are likely to disperse into and through the non-native grasslands of the site during winter and
spring. Grasslands of the site could provide aestivation habitat for western spadefoot toads (Spea
hammondi) and California tiger salamanders (Ambystoma californiense) that have been found to
breed in a few of the stock ponds of the site. Common reptile species likely to use the site
include western fence lizards (Sceloporus occidentalis), western whiptails (Aspidoscelis tigris),
southern alligator lizards (Gerrhonotus multicarinatus), gopher snakes (Pituophis melanoleucus),
common kingsnakes (Lampropeltis getulus), and western rattlesnakes (Crotalus viridis).
Several species of birds were observed in non-native grassland habitat during the site survey.
Birds foraging along the ground included Brewer’s blackbirds (Euphagus cyanocephalus),
mourning doves (Zenaida macroura), western kingbirds (Tyrannus verticalis) and western
meadowlarks (Sturnella neglecta). Summer migrants that could frequent the study area include
barn swallows (Hirundo rustica) and cliff swallows (Hirundo pyrrhonota). Common winter
migrants attracted grasslands of the region are savannah sparrows (Passerculus sandwichensis),
American pipits (Anthus rebescens), and mountain bluebirds (Sialia currucoides).
A number of raptors (hawks and owls) were seen during the survey. These species prey on the
small mammals and reptiles of the study area. Species observed during the site survey include
resident species such as the red-tail hawk (Buteo jamaicensis), golden eagle (Aquila chrysaetos)
and American kestrel (Falco sparveriuo). Barn owls (Tyto alba) and great horned owls (Bubo
virginianus) were not observed, but these species are likely to seek cover and possibly nest in the
riparian habitat of Cottonwood Creek and forage in the adjacent grasslands. A wintering
population of bald eagles roosts in scattered blue oaks adjacent to Millerton Lake. The study
area provides limited roosting habitat for bald eagles that is confined primarily to the site’s North
Unit. Bald eagles are likely to forage for rodents in grasslands of the study area.
Few mammals were observed during the site survey, but various mammal species have been
observed during previous years of site surveys on adjoining lands. Small mammals that are
likely to be present in grasslands of the site include deer mice (Peromyscus maniculatus),
California voles (Microtus californicus), and western harvest mice (Reithrodontomys megalotis).
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California ground squirrels (Otospermophilus beecheyi) and their burrows were observed in
portions of this habitat. Burrows and mounded earth observed throughout the grasslands of the
site are clear evidence that the Botta’s pocket gopher (Thomomys bottae) is one of the most
common small mammals of the site. These small mammals in turn could possibly attract
mammalian foraging predators, such as gray fox (Urocyon cinereoargenteus), coyote (Canis
latrans) and bobcat (Lynx rufus).
Blue Oak Woodland
Blue oak woodland occurs primarily on the North Unit of the study area. Overstory vegetation
consisted of widely spaced blue oaks (Quercus douglasii) and occasional interior live oaks (Q.
wislizenii). The shrub understory was poorly developed. Poison oak (Toxicodendron
diversilobum) and wedgeleaf ceanothus (Ceanothus cuneatus) were often associated with rocky
outcrops. Grasses and forbs were the same species observed within non-native grasslands of the
site. A considerable diversity of spring-flowering native forbs was also present.
A number of terrestrial vertebrates were observed or heard within the blue oak woodland during
the site visits. Up to 29 species of reptiles and amphibians, 57 species of birds and 10 species of
mammals, attracted by cover and food, use mature stages of this habitat for breeding (Mayer et
al. 1988). Many additional species would pass through or forage within this woodland habitat.
Rocks, decaying logs and rodent burrows provide habitat for various amphibians and reptiles.
Common amphibians would include salamanders such as arboreal salamanders (Aneides
lugubris) and California slender salamanders (Batrachoseps attenuatus). Western toads and
Pacific chorus frogs occur near the seasonal aquatic habitats of Cottonweek Creek and the small
stock ponds in which they breed. Western fence lizards likely to be found on the rock outcrops,
logs and tree trunks. Brush and piles of downed branches and leaves provide habitat for more
reclusive lizards such as the Gilbert's skink (Eumeces gilberti) and southern alligator lizard.
Western rattlesnake, common, and gopher snake are common predators of frogs, lizards and
small mammals.
Blue oak woodland also provides suitable habitat for many avian species. Resident birds that
could use the site (i.e. birds of year-round occurrence) include western bluebirds (Sialia
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mexicana), California towhees (Pipilo fuscus), oak titmice (Parus inornatus) and scrub jays
(Aphelocoma coeruloescens). Other common residents would include acorn woodpeckers
(Melanerpes formicivorus), northern flickers (Colaptes auratus) and white-breasted nuthatches
(Sitta carolinensis). Common winter migrants would include white-crowned sparrows
(Zonotrichia leucophrys), golden-crowned sparrows (Zonotrichia atricapilla) and dark-eyed
juncos (Junco hyemalis). Neo-tropical migrants that would use this habitat included Bullock’s
orioles (Icterus galbula) and ash-throated flycatchers (Myiarchus cinerascens). These species
use the site during the spring and summer, both for foraging and breeding. Avian predators
(raptors) common to this habitat would include golden eagles, red-tailed hawks, Cooper's hawks
(Accipiter cooperi), and great horned owls.
A number of mammals would also frequent the blue oak woodland of the site. California ground
squirrels and Botta's pocket gophers were relatively abundant in the blue oak woodland. Other
small mammals expected to occur within the herbaceous understory include deer mice, brush
mice (Peromyscus boylii), and California voles. Small mammals would attract various predators
such as gray fox, coyote and bobcats. Omnivorous species such as striped skunks (Mephitis
mephitis) and spotted skunks (Spilogale gracilis) would both occur within this habitat. Resident
deer probably use this habitat from time to time (although none were seen during the field
surveys), as would their principal predator, the mountain lion (Felis concolor).
Valley Foothill Riparian Woodland
The bed and banks of Cottonwood Creek were vegetated with patchy mature riparian trees within
the Project Site. Surface water was flowing in the channel of the creek along much of its length
at the time of the site surveys conducted during spring between 2001 and 2009. This creek
generally dries up in late spring or early summer.
Cottonwood Creek supported narrow and discontinuous patches of riparian vegetation, including
an overstory of Fremont cottonwood (Populus fremontii), red willow (Salix laevigata), and the
occasional fig (Ficus carica). On the banks and floodplain were horehound (Marrubium
vulgare), field mint (Mentha arvensis), common monkeyflower (Mimulus guttatus), western
dock (Rumex occidentalis), and water cress (Rorippa nasturtium-aquatica).
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Although riparian trees were relatively patchy in distribution along the channel, the riparian
habitat of the study area provides food, water, and cover for a greater diversity of terrestrial
vertebrate species than other habitats of the study area. In general, valley foothill riparian
habitats of central California can be used by as many as 25 species of reptiles and amphibians,
140 species of birds, and 50 species of mammals (Mayer et al. 1988). These habitats are often
especially important as movement corridors along which animals of all kinds may migrate,
disperse or conduct their daily home range movements.
Amphibians and reptiles are well represented in riparian habitats. Fallen branches and leaves
provide suitable cover for amphibians such as the California newt (Taricha torosa), arboreal
salamanders, western toads, and Pacific chorus frogs. These amphibians would use the seasonal
aquatic habitat of Cottonwood Creek and its tributaries as breeding habitat. Lizards such as the
Gilbert's skink and southern alligator lizard are likely to be found within the leaf litter below
willows and cottonwoods. All the snakes found in other habitats of the site would also occur in
the riparian habitat.
Large numbers of avian species are attracted to the abundant vegetation that riparian habitats
provide. Birds of prey including the red-shouldered hawk (Buteo lineatus) and great horned owl
hunt and roost here. Abandoned nest holes excavated by woodpeckers would be used by western
bluebirds, western screech owls (Otus kennicottii) and ash-throated flycatchers. Mammals
occupying this habitat would include many of those species occurring within the non-native
grassland and blue oak woodland habitat. Other mammals often associated with riparian habitats
could also occur in the study area. Such species may include ornate shrews (Sorex inornatus) and
raccoons (Procyon lotor)
Seasonal Drainages and Swales
Seasonal wetlands included broad wet swales, narrow and often eroded drainages, springs and
seep zones. The soil of these wetlands were already dry due to warmer than normal temperatures
during the site surveys in the spring of 2004. During the wet winter of 2004-2005, many of these
drainages and swales carried small flows of surface water, or their beds were saturated.
The presence of hydrophytes (wetland plants) within these seasonal wetlands indicates that soil
saturation and/or inundation is a common occurrence during the winter. Obligate hydrophytes
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common to these wetlands included annual bluegrass (Poa annua), common monkeyflower,
creeping spikerush (Eleocharis macrostachya) and Baltic rush (Juncus balticus).
Seasonal wetlands of the site provide terrestrial vertebrates many of the same habitat values as
non-native grasslands. The presence of water during the winter and spring enables western toads
and Pacific chorus frogs to breed in these wetlands. Amphibians and small mammals may attract
common garter snakes (Thamnophis sirtalis) to this habitat during the spring. Cottonwood Creek
provides suitable habitat for the western pond turtle (Actinemys marmorata), a species that would
seek cover, forage, and bask in the creek, but would lay eggs in nests constructed in adjacent
grassland habitats. Western kingbirds were observed foraging in the vicinity of these wetlands.
Red-winged blackbirds (Agelaius phoeniceus) and black phoebes (Sayornis nigricans) would
forage near or within this habitat. Otherwise, small pools in the swales and seasonal drainages
are used as a source of drinking water for many of the mammals occurring in the adjoining blue
oak woodland and non-native grassland. Although other species are present from time to time,
the small size of the wetland habitats within the study area probably precludes their use by many
species that occur in more extensive wetlands of the San Joaquin Valley to the west.
Stock Ponds
Five stock ponds are located on the Project Site. All of these ponds were inundated during
various site surveys conducted between 2001 and 2010. Vegetation observed in and adjacent to
the ponds included, but was not limited to, creeping spikerush, rabbit’s foot grass (Polypogon
monspeliensis), Italian thistle (Carduus picnocephalus), curley dock, and Goodding’s black
willow.
Seasonal ponds provide suitable habitat for a limited number of amphibians, reptiles, birds and
mammals. Amphibians that have colonized some of these ponds from local populations in the
vicinity of the study area include western toads, Pacific chorus frogs, western spadefoot toads
and tiger salamanders (known to breed in two ponds located on the North Unit).
Other wildlife species occurring in this habitat would be similar to those occurring in the
bordering non-native grassland habitat, with the addition of species that are exclusively attracted
to ponds or wetlands. The presence of amphibians in the pond may attract common garter
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snakes, as well as birds that feed on amphibians such as great egrets (Casmerodius alba). A great
blue heron (Ardea herodias) and mallards (Anas platyrhyncho) were observed in this habitat.
The vegetation and insects of the ponds could attract other species of waterfowl. Mammals that
might be attracted to the ponds include ornate shrews (Sorex ornatus) and various species of bats
that occur in the area. Most mammalian species of the area would only come to this habitat to
drink.
Vernal Pool
A single vernal pool is located on the Project Site, near the northern boundary of the North Unit.
This pool occupies about 622 ft2, and was inundated at the time of a 2008 site visit. The
dominant plant species observed in the pool included white-tipped clover (Trifolium
variegatum), Mediterranean barley (Hordeum marinum ssp. gussoneanum), and annual toad rush
(Juncus bufonius).
This vernal pool may support a number of aquatic and terrestrial species, some of which would
be unique to vernal pool habitats. For example, invertebrate species would include several
aquatic insects, and various crustaceans possibly including the vernal pool fairy shrimp.
However, no vernal pool fairy shrimp were detected in this pool during reconnaissance-level
vernal pool crustacean surveys conducted on the site in the winter and spring of 2009. The pool
likely does not have an inundation time sufficient to support the vernal pool tadpole shrimp, and
for the same reason does not represent suitable breeding habitat for the California tiger
salamander and western spadefoot. Avian species that could forage within the vernal pool
include the killdeer (Charadrius vociferus), mallard, cinnamon teal (Anas cyanoptera), and
greater yellowlegs (Tringa melanoleuca).
Soils
Soil mapping units representing eight soil series have been identified on the Project Site (Table 4
and Figure 14).
Some of the soils of the Project Site consist of alluvium derived primarily from plutonic rocks of
the Sierra Nevada to the east (NRCS 1962). Soils of the Greenfield, Hanford, Ramona, Rocklin,
Tujunga, and Whitney series are alluvial soils that were carried from the Sierra to the low Sierra
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foothills and Central Valley during the Pleistocene era by the considerable volume of runoff
generated from melting snow and glaciers. Therefore, the development of these soils has
occurred principally during the Holocene era (i.e. the last 8,000 years).
Some alluvial soils of the region developed a subsurface iron-silica hardpan at 2-6 feet below the
surface. This water-restricting layer often “perches” water during the last half of the winter and
early spring. In hummocky terrain, perched water creates seasonal pools in topographic
depressions that support a unique flora and fauna endemic to such pools occurring in the region.
These seasonal pools are typically known as vernal pools. Soils favorable to the formation of
vernal pools on the Project Site were limited to soils of the Greenfield and Rocklin series. As
discussed, one vernal pool was identified near the site’s northern border within the North Unit.
Extensive vernal pool complexes occur 1-2 miles from the site on open rangeland just north of
Road 206 and on either side of Highway 145.
The remaining soils of the site formed in place from the underlying bedrock consisting primarily
of plutonic rocks such as granite and metamorphosed sedimentary rock. Exposed bedrock (i.e.,
rock outcrops) are present throughout the site, but primarily in the north unit.
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TABLE 4. SOILS OF THE PROJECT SITE (from NRCS 1962). Soil Series/Soil Map
Symbol Parent Material
Surface Permeability
Hardpan Hydric
AHWAHNEE AND AUBERRY SERIES Ahwahnee and Vista rocky coarse sandy loam, 8-10% slopes Ahwahnee and Vista rocky coarse sandy loams, 30-45% slopes Ahwahnee and vista very rocky coarse sandy loams, 30-75% slopes
AeD AeE ArF
Coarse-grained granitic rocks
Well drained No No
DAULTON SERIES Daulton fine sandy loam, 8-30% slopes Daulton rocky fine sandy loam, 30-45% Slopes
DaD DcE
Metamorphosed sedimentary rocks
Moderately rapid
No No
GRAVEL PITS Gravel pits
Gp
GREENFIELD SERIES Greenfield coarse sandy loam, 0-3% slopes
GrA
Slightly older alluvium
Good to moderately rapid
Yes in places
. No
HANFORD SERIES Hanford fine sandy loam, 0-1% slopes Hanford sandy loam, 0-3% slopes
HaA HfA
Recent alluvial deposits
Good to moderately rapid
No No
RAMONA SERIES Ramona sandy loam, 3-8% slopes
RaB
Old alluvium Good No No
ROCKLIN SERIES Rocklin rocky sandy loam, pumiceous variant, 3-8% slopes Rocklin rocky sandy loam, pumiceous Variant, 8-30% slopes
RmB RmD
Predominantly granitic alluvium and a large proportion of pumice
Good Yes No
TERRACE ESCARPMENTS Terrace escarpments
Tf
TUJUNGA SERIES Tujunga and Hanford soils, channeled, 0-8% slopes
TzB
Granitic sediments
Good No Yes
WHITNEY SERIES Whitney sandy loam, 15-30% slopes, eroded Whitney and Rocklin sandy loams, 8-15% slopes
WnD WrC
Weakly consolidated sedimentary materials
Good No No
Drainage Features
The principal drainage passing through the Site is Cottonwood Creek. This seasonal creek
passes through the South Unit of the Project Site and drains a watershed that is far larger than the
Site itself. The watershed of this creek extends well into the Sierra foothills north of the Project
Site. The timing of flows in Cottonwood Creek is dependent on the timing of winter rains. The
first flows may occur as early as the month of December, but more typically flows first occur in
January or February. Flows continue into April or May when the winter rains cease, and the hot
dry season begins.
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Most of the seasonal drainages of the Project Site’s South Unit are tributary to Cottonwood
Creek. These drainages are of two types, ephemeral and seasonal. The ephemeral drainages are
primarily erosional features that carry flows during major storm events and then dry up within
two-three days of the storm passing through the area. Seasonal drainages carry flows from
December or January through April or early May.
Most of the drainages of the North Unit flow into Millerton Lake. One drainage located on the
North Unit is a tributary to Cottonwood Creek. As for the South Unit, these drainages are both
ephemeral and seasonal.
Land Use
The Project Site consists of rangeland used for grazing livestock. Livestock grazing has been the
primary use of the site for the past century or more.
Cumulative Effects
In order to assess the Proposed Project’s contribution to cumulative losses of grassland habitat,
LOA examined past, present, and probable future projects in the vicinity of the Project.
Information related to this analysis was obtained from Fresno and Madera Counties, the two
counties in which similar developments in similar habitats to the Project are now being planned
and/or processed, or have been constructed.
The geographic area covered by this cumulative analysis extended from the Fresno River in
Madera County to Highway 168 in Fresno County, and included rangeland and agricultural
habitats east and north of the Cities of Madera, Clovis, and Fresno, and west and south of the oak
woodlands of the Sierra foothills. Therefore, the analysis included the major proposed
development areas of Madera and Fresno Counties, including Gateway Village, Gunner Ranch
West, Rio Mesa, Friant, and Millerton. Additionally, several smaller developments not
associated with the aforementioned developments were also considered.
The planning documents for many of the projects identified by these Counties had not yet been
prepared (or were in progress) and were not available, but the cumulative impact analysis for the
region revealed that all of the projects under consideration in Fresno and Madera Counties will
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63
be subject to future federal actions. These projects involve water transfers subject to the
approval authority of the Bureau of Reclamation and/or CWA permits issued by the USACE.
All of the pending projects identified by Fresno and Madera Counties would be subject to
separate consultation pursuant to Section 7 of the federal Endangered Species Act, and are
unrelated to the Proposed Project. Therefore, these projects are not subject to the analysis of
cumulative effects considered by this biological assessment.
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VI. EFFECTS OF THE ACTION
This section of the document assesses the likelihood that the Project will adversely affect
federally listed plant and animal species. Species included in this analysis are federally listed
species that either occur in the vicinity of the Proposed Project, or are likely to occur in the
vicinity of the Proposed Project. These include various federally listed vernal pool plant species,
the Hartweg’s golden sunburst, vernal pool invertebrate species, state and federally listed spring-
run Chinook salmon and Central Valley steelhead, the California tiger salamander, and the San
Joaquin kit fox.
May Affect, Not Likely to Adversely Affect
Hartweg’s Golden Sunburst. The federally and California endangered Hartweg’s golden
sunburst occurs as seven discontinuous populations on the Project Site. Impacts are described
below:
• Direct Effects. None. All populations of the Hartweg’s golden sunburst will be avoided and preserved in open space managed for this species. A minimum of 100-foot buffers between all populations and proposed development will be maintained. Maximum buffers around some populations will be several hundred feet.
• Indirect Effects. The Proposed Project may have an indirect effect on some Hartweg’s golden sunburst populations preserved in proposed open space. The plan calls for commercial and residential development to the north and south of all the mapped Hartweg’s golden sunburst populations. The proximity of such development to these populations creates a potential for trampling and general degradation of these areas through possible human intrusion into them. The applicant, however, proposes to preserve 100% of the existing population as part of the Open Space Preserve and manage the preserve via a plan to be approved by the USFWS and CDFW to maximize the health of all populations. Therefore, the preserve protecting all populations of this species would be protected through a conservation easement, appropriate fencing designed to limit human and vehicular entrance into the preserve, signage, brochures, and community education programs, thus minimizing indirect effects.
• Cumulative Effects. The only other project in the region that would result in impact to this species (i.e., the Friant Ranch Project) is subject to a Section 404 Clean Water Act Permit, and is thus subject to a Section 7 Consultation per provisions of the federal Endangered Species Act. A biological opinion has been issued, and the CDFW has required no net loss of this population. Thus, no project within the southern area of the Hartweg’s golden sunburst’s range will be adversely affected by any projects, and cumulative impacts to this species will not occur.
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65
• Interrelated and Interdependent Effects. None.
• Net Impact to Hartweg’s Golden Sunburst After Mitigation: The Proposed Project will result in the preservation and management of 100% of the existing on-site population.
May Affect, Likely to Adversely Affect
California Tiger Salamander. LOA conducted spring larval surveys for CTS in 2009 and 2010,
which included seining all potentially suitable breeding habitat in the months of March, April,
and May and visually surveying all potentially suitable ponds on the Project Site. Based on the
surveys, it appears that CTS breed in at least two stock ponds of the North Unit, but do not breed
in stock ponds of the South Unit.
The surveys found CTS larvae in two stock ponds, and one adult CTS adjacent to a third pond, in
the North Unit in 2009 (see Figure 13). However, LOA could not confirm that either the larvae
or the adult are native CTS since the tiger salamanders in the area may represent hybrids and
backcrosses of unknown genetic makeup due to the presence of nearby Millerton Lake, where
the introduced barred tiger salamander (Ambystoma tigrinum mavoritum) larvae (waterdogs)
have quite likely been used as fish bait for many years. Introduced tiger salamanders have
interbred with native tiger salamanders in several areas of the state. In the absence of genetic
sampling, LOA cannot confirm that the stock ponds located on- or off-site are used by a breeding
population of native CTS or hybrids of the introduced barred tiger salamander.
During spring larval surveys of the Project Site, as well as other larval surveys in the Project
vicinity, LOA has established that most stock ponds on the Project Site and in the region are
teeming with bullfrogs, fish, and occasionally Louisiana red-swamp crayfish (including stock
ponds that dry out some years). These are significant predators of CTS. Ponds infested with
these introduced species are generally not considered suitable CTS breeding habitat.
LOA did not detect larvae or adult salamanders in the two potentially suitable stock ponds on the
South Unit, and visually confirmed the presence of aquatic predators in these ponds. Due to the
presence of invasive predator species and confirmed lack of larvae, LOA has concluded that the
stock ponds on the South Unit do not provide suitable CTS breeding habitat and that CTS do not
breed on the South Unit.
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One off-site seasonal pond, located immediately to the east of Road 206, is known to support
CTS reproduction. Five other off-site stock ponds located east and south of Road 145 provide
potential breeding habitat for the CTS (Figure 23).
Based on the survey work completed on-site and in the general project vicinity to date, it appears
that a breeding population of CTS is present within the North Unit and individual CTS may
aestivate in limited numbers throughout the North Unit. Breeding populations of CTS appear to
be absent from the South Unit, although portions of the South Unit provide potentially suitable
upland CTS habitat.
Although the entirety of the project impact area lies within 1.3 miles of stock ponds and seasonal
pools located on the North Unit or off-site, most of the impact area would not serve as
aestivation habitat for the CTS. This conclusion is based on the following factors: 1) the
majority of the impact area is located more than 0.4 mile from the nearest potential CTS
breeding habitat; 2) optimal aestivation habitat is present within 0.4 mile of potential CTS
breeding ponds located on the North Unit or off-site, such that CTS using these ponds would not
need to travel farther than 0.4 mile to aestivate; and 3) given the hilly terrain and numerous
seasonal drainages of the project impact area, CTS breeding in nearby stock ponds and seasonal
pools would likely seek aestivation habitat close to those ponds and pools.
Factors 2 and 3 above are best understood in terms of a study conducted on the distribution of
aestivating CTS at increasing distances from their breeding ponds. Research by Trenham and
Shaffer (2005) at the Jepson Prairie in Sonoma County demonstrates that nearly all CTS (95%)
aestivate within 0.4 mile of their breeding ponds, even when nearby aestivation habitat is
suboptimal (due to the presence of only gopher, and not ground squirrel, burrows on the Jepson
Prairie) and migration is relatively unhindered by topographic and other physical barriers. In
effect, Trenham and Shaffer have determined that in vernal pool landscapes with suboptimal
aestivation habitat, nearly all CTS aestivate within 0.4 mile of the breeding pond. Where optimal
habitat exists within 0.4 mile of breeding habitat (i.e. aestivation habitat consisting primarily of
ground squirrel burrows), it is likely that an even higher percentage of CTS would aestivate
within 0.4 mile of known breeding habitat.
� �23
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As illustrated in Figure 23, approximately 151 acres of the project impact area is located within 0.4
mile of ponds potentially being used by CTS as breeding habitat. These areas likely serve as CTS
aestivation habitat. However, the majority of the project impact area (approximately 541 acres) is
more than 0.4 mile from potential breeding habitat and separated from breeding habitat by hilly
terrain and numerous seasonal drainages.
• Direct Effects. Because the Project will not impact known or potential CTS breeding habitat, it does not have the potential to produce direct effects for breeding CTS.
The Project has the potential to result in injury or mortality of CTS aestivating within the approximately 730.3-acre project impact area. However, approximately 541.1 acres (74 percent) of this potential impact area are located more than 0.4 mile from known or potential CTS breeding pools, suggesting that they are unlikely to be used by CTS for aestivation. Moreover, approximately 38.2 acres of this “unlikely” habitat have slopes in excess of 60 percent (Figure 24). These lands were considered too steep and too far from suitable breeding habitat to actually serve as upland aestivation habitat for CTS. Therefore, the project has the potential to directly affect aestivating CTS on 692.1 acres (730.3-38.2) of upland habitats.
• Indirect Effects. The Project has the potential to indirectly affect CTS through the loss of 692.1 acres of upland habitat that could otherwise be used for aestivation. However, as discussed, only approximately 151 acres of this area is within 0.4 mile of known or potential CTS breeding pools and therefore represents likely aestivation habitat. The applicant does not propose to indirectly affect habitat quality within NSMCA lands in the South and North Units through the elimination of burrowing rodents (which provide aestivation habitat for the CTS), or erect barriers to CTS entry onto the NSMCA from off-site parcels. In fact, the NSMCA will be managed to encourage healthy rodent populations (to ensure the maintenance of CTS aestivation habitat). Any CTS entering the site will find abundant undisturbed aestivation habitat even after the completion of Project buildout.
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Figure 24. Areas of proposed development with slopes greater than 60% (in orange) located greater than 0.4 mile from potential CTS breeding habitat (shaded).
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Trenham (2004) recommended that a 567-foot buffer of upland aestivation habitat be provided around all preserved CTS breeding ponds in order to ensure the maintenance of the populations using these ponds. No part of the project impact area falls within 567 feet of the six most proximate off-site ponds and three ponds of the North Unit potentially used by CTS for breeding. Trenham’s recommendation indicates that none of the lands to be impacted by the Project would be critical to the perpetuation of CTS populations that may occur in nearby ponds.
• Cumulative Effects. All other projects in the region that could result in impact to this species will be subject to a Section 404 Clean Water Act Permit, and will thus be subject to a Section 7 Consultation per provisions of the federal Endangered Species Act.
• Interrelated and Interdependent Effects. None.
• Net Impact to CTS After Mitigation. The Project will not result in direct and permanent impact to suitable CTS breeding habitat in the form of vernal pools and stock ponds. The Project has the potential to impact approximately 692.1 acres of potential CTS aestivation habitat, including 151 acres of the South Unit within 0.4 mile of known or potential CTS breeding habitat. The applicant will preserve and manage 1,377.5 acres of undisturbed lands of the Project Site (892.1 acres of the North Unit and 485.4 acres within the South Unit) for the benefit of CTS (see Figures 3a and 3b).
No Effect
Special Status Vernal Pool Plant Species. Special status vernal pool plant species do not occur
within the portion of the Project Site to be developed (South Unit).
• Direct Effects. None.
• Indirect Effects. None.
• Cumulative Effects. This Project will not contribute to regional losses of any special status plant species.
• Interrelated and Interdependent Effects. None.
Valley Elderberry Longhorn Beetle. The valley elderberry longhorn beetle (VELB) is entirely
dependent on the blue elderberry, a shrub that only occurs on the North Unit of the Project Site.
Therefore, if the VELB occurs on the Project Site at all, it would only occur on the North Unit.
With the exception of the 7.8 acres to be conveyed to the Dumna Tribe, which contains no
elderberry shrubs, the entire North Unit has been designated Open Space Preserve and will be
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protected under conservation easement in perpetuity. Proposed development within the South Unit
will have no effect on this species.
• Direct Effects. None.
• Indirect Effects. None.
• Cumulative Effects. This Project will not contribute to regional losses of any special status plant species.
• Interrelated and Interdependent Effects. None.
Vernal Pool Invertebrates. Habitat typically occupied by vernal pool fairy shrimp and vernal pool
tadpole shrimp (i.e. vernal pools) is absent from the South Unit of the Project Site. The only aquatic
habitat present consists of seasonal drainages and stock ponds, neither of which constitute suitable
habitat for these species for reasons discussed previously. Vernal pool tadpole shrimp would not
occur in the small vernal pool located near the northern boundary of the North Unit because the
pool does not appear to have a sufficient duration of inundation. Vernal pool fairy shrimp do have
the potential to occur in this pool; however, no federally-listed vernal pool crustaceans were
observed in this pool or any other aquatic habitat of the Project Site during vernal pool crustacean
surveys conducted by LOA in the winter of 2009. Therefore, these species are considered absent
from the site.
• Direct Effects. None.
• Indirect Effects. None.
• Cumulative Effects. The Project will not contribute to cumulative losses of vernal pool fairy shrimp.
• Interrelated and Interdependent Effects. None.
Federally Listed Anadromous Fish. The only federally listed anadromous fish species using any
portion of the San Joaquin River is the Central Valley steelhead; however, this species has not had
access to the San Joaquin River between Friant Dam and its confluence with the Merced River for
more than 50 years (Moyle 2003), and would therefore not occur on or near the Project Site, and
would not be affected by the proposed action. Spring-run Chinook salmon were extirpated from the
San Joaquin River following the completion of the Friant Dam in 1942, but are planned for
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reintroduction in the reach of the river between the Friant Dam and the confluence with the Merced
River. With successful reintroduction, the spring-run Chinook salmon has the potential to spawn in
Cottonwood Creek. However, the species would not likely be adversely affected by the proposed
action for the following reasons:
• Future flows and flow volumes of Cottonwood Creek will not be measurably altered by the proposed Project. The Project will utilize groundwater as its water source.
• Residential units, commercial development, and other project elements will be located at least 100 feet from the top of bank of Cottonwood Creek (in most areas, the setback will be much greater). Setbacks from the creek will demarcated by decorative fencing and signage.
• Two clear-span bridges across Cottonwood Creek will provide access to the development east and north of the site. Thus, proposed bridges over the creek will not create obstacles for upstream movement of anadromous fish.
• Cattle will be excluded from the creek and a 100-foot setback on either side of the creek by fencing. This will result in localized improvements to water quality in pools of the creek over current conditions, and facilitate the establishment of riparian vegetation along the creek’s upper banks, thus providing shading needed to maintain spring and summer water temperatures within a range acceptable to anadromous fish.
Summary of effects for Central Valley steelhead and spring-run Chinook salmon is as follows:
• Direct Effects. None.
• Indirect Effects. None.
• Cumulative Effects. This Project will not contribute to adverse effects on any regional anadromous fish populations.
• Interrelated and Interdependent Effects. None.
San Joaquin Kit Fox. As noted elsewhere in this document, a single San Joaquin kit fox was
reportedly observed along Friant Road less than one mile from the Project Site in 1994. No San
Joaquin kit fox had been seen prior to this observation, and no individuals have been seen since, a
number of kit fox surveys in the region notwithstanding. At the time this biological assessment was
prepared, there is no credible evidence that a San Joaquin kit fox population occurs in the
Friant/Millerton area of Fresno and Madera Counties.
• Direct Effects. The available evidence of the San Joaquin kit fox occurring in the project vicinity is limited to a single possible sighting in 1994. The absence of other sightings strongly suggests that the single sighting was possibly a vagrant that had wandered far from
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known occupied kit fox habitat or that it was a misidentified gray fox. The absence of kit fox sightings from the project vicinity since 1994 further suggests that project impacts to this species are extremely unlikely to occur.
• Indirect Effects. The proposed action would not result in indirect effects on this species.
• Cumulative Effects. The proposed action would not contribute to any cumulative effects on this species.
• Interrelated and Interdependent Effects. None.
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LITERATURE REFERENCED
Bell, H.M. and J.A. Alvarez. 1994. Distribution and Abundance of San Joaquin Kit Fox.
California State University Hayward. Hayward, California. California Department of Fish and Wildlife (CDFW). 2013. Natural Heritage Division. California
Natural Diversity Database (CNDDB). The Resources Agency, Sacramento, California. California Department of Fish and Game (CDFG). 2011. Special Animals. The Resources Agency,
Sacramento, California. CDFG. 2010. Special Vascular Plants, Bryophytes, and Lichens List. The Resources Agency,
Sacramento, California. CDFG. 2005. The Status of Rare, Threatened, and Endangered Plants and Animals of California
2000-2004. The Resources Agency, Sacramento, California. California Native Plant Society (CNPS). 2010. On-Line Inventory – 7th Edition, Inventory of Rare
and Endangered Vascular Plants of California. Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacramento, California.
Holland, R.F. 1986. Preliminary Description of the terrestrial natural communities of California.
Resources Agency, Sacramento, California. 156 pp. Live Oak Associates, Inc. 2002. Biological Report on the San Joaquin Kit Fox, Westcal Site Tract
4870, 44-acre and 80-acre Parcels, Millerton New Town, Fresno County, California. Oakhurst, CA.
Live Oak Associates, Inc. 2003. San Joaquin Kit Fox Survey, Friant Road and Associated
Properties, Fresno County, California. Oakhurst, California. 28pp. Mayer, Kenneth E. and William F. Laudenslayer, Jr. Ed. 1988. A guide to wildlife habitats of
California. California Department of Forestry and Fire Protection. Sacramento, California. 166 pp.
McEwan, Dennis R. 2001. Central Valley Steelhead. Fish Bulletin179: Volume One. California
Department of Fish and Game. Moyle, P.B. 2002. Inland Fishes of California. University of California Press, Berkeley and Los
Angeles, CA. Natural Resource Conservation Service. 1962. Soil survey, Madera Area. USDA. Orloff, S. 2007. Migratory movements of California tiger salamander in upland habitat – a five-year
study (Pittsburg, California). Ibis Environmental, Inc., prepared for Bailey Estates LLC, May 2007. 47 pp. + appendices.
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Rhodehamel, Westley M. 1991. A Management Oriented Study of Habitat Selection and Effects of
Boating Activities on Wintering Bald Eagles, Millerton Lake State Recreation Area, California. M.S. thesis, Calif. State Univ. (Fresno). 69 p. From Masters Abstr. Int. 31(1):216. Order No. MA1349276. WR 235.
Searcy C. and H. B. Shaffer. 2008. Calculating biologically accurate mitigation credits: insight from
the California tiger salamander. Conservation Biology 22(4):997-1005. Stebbins, John C. 1991. Status survey of two plants endemic to the San Joaquin Valley. Prepared
for Jim Bartel, Office of Endangered Species, U.S. Fish and Wildlife Service, 2800 Cottage Way, Sacramento, California 95825.
Stebbins, John C. 1997. Biological and wetlands resources study, Millerton New Town Plan Area,
proposed amendment to the Millerton Specific Plan. Trenham, P. C., and H. B. Shaffer. 2005. Amphibian upland habitat use and its consequences for
population viability. Ecological Applications 15:1158-1168. U.S. Army Corps of Engineers (USACE). 1987. Corps of Engineers wetlands delineation manual.
Department of the Army. U.S. Fish and Wildlife Service (USFWS). 1977. Concept plan for waterfowl wintering habitat
preservation. Central Valley, California. Region 1, Portland, OR. 116 pp. + appendices. USFWS. 1994. Endangered and threatened wildlife and plants. 50 CFR 17.11 & 17.12. August 20,
1994. USFWS. 2002. Recovery Plan for the California Red-legged Frog (Rana aurora draytonii). U.S.
Fish and Wildlife Service, Portland, Oregon. viii + 173 pp. USFWS. 2005. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon.
U.S. Fish and Wildlife Service, Portland, Oregon. 120 pp. Wetland Training Institute, Inc. 1990. Federal Wetland Regulation Reference Manual. B.N.
Goode and R.J. Pierce (eds.) WTI 90-1. 281pp. Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.
California’s wildlife, volume I, amphibians and reptiles. Department of Fish and Game. Sacramento, California. 272 pp.
Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.
California’s wildlife, volume II, birds. Department of Fish and Game. Sacramento, California. 731 pp.
Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.
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California’s wildlife, volume III, mammals. Department of Fish and Game. Sacramento, California.