Pruett Biological Resource Consulting, Inc.
8819 Latera Court, Bakersfield, California 93314
Phone: 661.421.0006. Email: [email protected] [email protected]
16 June 2025
Ms. Whitney Jackson | Senior Planner
New Gen Engineering Group Inc.
dba McIntosh & Associates
10800 Stockdale Hwy., Suite 103
Bakersfield, California 93309
Subj: Biological Clearance Survey – 40.77 Gross Acres, Tract 7451, Bakersfield, California.
PURPOSE
Pruett Biological Resource Consulting, Inc. (PruettBio) has prepared this biological clearance survey for a proposed development of Tract 7451 (Attachment 1). The project site consists of 40.77 gross acres (13.21 hectares) (project site) being a part of Assessor’s Parcel Number (APN) 463-040-13. The project site is in Section 10, Township 29 South, Range 26 East Mount Diablo Base and Meridian. The project site is within the incorporated limits of the City of Bakersfield, County of Kern, California.
The project site is located within the geographic range of several federal-, and state-listed, threatened and/or endangered plant and animal taxa. Several non-listed, special-status species also have the potential to occur in the vicinity of the project. Listed plant and animal species are protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). Protection of other non-listed, special-status species is afforded under additional regulation including the Migratory Bird Treaty Act (MBTA). Pursuant to the California Environmental Quality Act (CEQA) impacts to non-listed, special-status species must be evaluated. Where necessary, the report recommends avoidance and minimization measures for implementation prior to and during project activities. The report is intended to provide technical information in support of CEQA, CESA, and FESA compliance.
The purpose of this report is to document biological resources identified during a reconnaissance-level field study of the project site and identify potential impacts to those biological resources resulting from the project. Avoidance and minimization measures for implementation prior to and during project activities are recommended as appropriate.
The California Department of Fish and Wildlife (CDFW) and United States Fish and Wildlife Service (USFWS) have not been contacted regarding the preparation of this report. No project specific permitting affording coverage for “take” of federally- or state-listed plants and animals exists. CDFW recommends consultation with the agencies for take avoidance of listed species. If avoidance is not feasible, acquisition of a project-specific ITP is recommended prior to ground disturbing activities, pursuant to Fish and Game Code 2081(b) to comply with CESA. Without a project-specific ITP, CDFW recommends that projects follow the United States Fish and Wildlife (USFWS) Standardized Recommendations for the Protection of San Joaquin Kit Fox Prior to or During Ground Disturbance (2011), or suitable survey and take avoidance alternatives designed for SJKF in the urban environment. Cal. Code Regs., tit. 14, § 783.2 outlines requirements for detailed species-specific take analysis, proposed measures to minimize and fully mitigate impacts, compliance monitoring, and funding.
Federal- and State-Listed or otherwise special-status species that have the historical or current distributions within a 10-mile radius of the project include, but are not limited to: Blunt-nosed leopard lizard (Gambelia sila; BNLL), San Joaquin antelope squirrel (Ammospermophilus nelsoni; SJAS), San Joaquin kit fox (Vulpes macrotis mutica; SJKF), and Tipton kangaroo rat (Dipodomys nitratoides nitratoides; TKR), Bakersfield cactus (Opuntia basilaris var. treleasei; BACA), Kern mallow (Eremalche parryi ssp. kernensis), and burrowing owl (Athene cunicularia; BUOW).
Biological Resource Survey
Tract 7451
June 2025
BUOW populations in the San Joaquin Valley occur in close association with California ground squirrels (Otospermophilus beecheyi). The fieldwork conducted for the preparation of this report meets the federal and state general survey guidelines for timing and spacing requirements for the detection of special-status species required for a biological clearance survey.
PROJECT LEGAL DESCRIPTION
The project site consists of 32.66 gross acres (13.21 hectares) of Assessor’s Parcel Numbers (APN) 529-011-33 and -34. The project is in Section 11, Township 29 South, Range 26 East The project site is within the incorporated limits of the City of Bakersfield, County of Kern, California.
PROJECT BACKGROUND
The project site and vicinity has been farmed for decades. Before conversion to farmland, the original vegetive communities of the project site were Non-native Grassland (Holland 42200) and Valley Saltbush Scrub (Holland 36220). The site was under row crop farming for Triticum sp. at the time of the field study. Similar row crop farming is south and north of the project. Almond production is north of the project site. Development of Tract 7039 is underway east of the project. No undisturbed, native, or recovering habitat is present on the project site, adjacent parcels, or general vicinity of the project.
FIELD STUDY
The field study was conducted on full coverage transects for the detection of the listed and special-status species with evidence of occupation or transitory occurrence. Initial fieldwork was first conducted on 30 April 2025 by Steven P. Pruett. The project was surveyed by walking the perimeter and random transects to evaluate all representative habitat features of the site. The field study conducted, allowed for 100% visual coverage of the project site. Field notes included observations of all plant and wildlife species observed. Direct observations and/or species sign was recorded to assess the potential for occurrence. Land cover types and general habitat conditions were recorded and photographed. If observed, SJKF dens were classified as defined by the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011).
SURVEY RESULTS AND CONCLUSIONS
No BACA exists on the project site. The project site is not suitable habitat for Kern Mallow. No BUOW was observed. No BUOW burrows or evidence of BUOW presence was observed. No avian ground nests were detected.
The project site is not within the current published occupation range of SJAS and TKR. No burrows exhibiting typical kangaroo rat architecture or sign were observed. The project site is not suitable habitat for BNLL. No Swainson’s hawk (SWHA) nests are known within a five-mile radius of the project. The limited number of SWHA nests recorded in Kern County and the size and location of the project would not be expected to have a significant impact to SWHA foraging. No evidence of any special-status species was observed during the field survey.
The project site has the potential for SJKF to occupy burrows or forage on the project site. No SJKF potential, known, or natal dens were observed. No SJKF scat, track, or other evidence suggesting SJKF presence was observed at any time during the fieldwork conducted for this report. No burrows typical of California ground squirrel were observed on the project. No evidence of SJKF or BUOW presence was observed.
The following Avoidance and Minimization Measures (AMM) represent the author’s professional opinion for avoiding the probability of “take” occurring during project activities. The following AMMs are generally regarded as best management practices during construction activities in the southern San Joaquin Valley. These measures are not a substitute for procuring the appropriate state and federal permits to allow for take of listed species during project activities and do not provide protection should “take” occur. Should state or federally protected species occupy the project site during construction, communication with a qualified biologist is recommended to assist in development of additional AMMs and facilitate communication with the appropriate agency personnel.
These measures include, but may not be limited to:
1. A biological resource pre-activity survey conducted by a qualified biologist no more that 30-days before the start of construction activities.
Biological Resource Survey
Tract 7451
June 2025
2. Biological resource monitoring during each initial phase of ground disturbance.
3. Compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.
4. A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented.
5. If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) should be implemented, and the appropriate agencies contacted for guidance.
6. Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1:1 ratio every 100 feet.
7. Vertical sided holes that are not capable of being ramped should be covered or otherwise secured to the greatest extent practicable.
8. Pipes, conduit and similar material 3 inches or greater in diameter should be capped to prevent wildlife from becoming inadvertently trapped in the piping.
The following recommendations are provided for the general protection of bird species that may occur on the project site or vicinity in compliance with the MBTA:
If ground-disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows:
1) Ground or low-shrub nesting non-raptors – 300 feet (91 meters), 2) Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted,
3) Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers), 4) Other raptors – 500 feet (152 meters).
Please do not hesitate to contact me if you have any questions of require additional information.
Respectfully,
Steven P. Pruett, Principal Biologist
Attachments
Biological Resource Survey
Tract 7451
June 2025
Attachment 1. Aerial photograph of the project site and vicinity (Google Earth Pro 2025)
Biological Resource Survey
Tract 7451
May 2025
Attachment 2. Photograph taken near the SE corner of the project facing NW (11Jun25).
Attachment 3. Photograph taken near the NE corner of the project facing W (11Jun25).
Biological Resource Survey
Tract 7451
June 2025
Attachment 4. Photograph taken near the NW corner of the project facing S (11Jun25).
Attachment 5. Photograph taken near the SW corner of the project facing E (11Jun25).