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Hercules Complex Project, Hercules, California
Biological Assessment Report
Prepared for
Hercules Hotel Development Group
1369 Murchison Drive
Millbrae, California 94030
Prepared by
Michael Marangio
Ground Zone Environmental
1361 B Street
Hayward, Ca 94541
January 27, 2020
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TABLE OF CONTENTS
EX-1 EXECUTIVE SUMMARY ................................................................................... III
1.0 INTRODUCTION ........................................................................................................ - 1 -
1.1 Methods ............................................................................................................. - 1 -
1.2 Existing Environment ...................................................................................... - 2 -
2.0 BIOLOGICAL ASSESSMENT ....................................................................................... - 4 -
2.1 Plant Communities............................................................................................ - 4 -
2.2 Wildlife Habitat ................................................................................................. - 5 -
2.3 Biological Issues ................................................................................................ - 6 -
2.3.1 FEDERAL LAWS AND REGULATIONS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 6 ‐
2.3.1.1 Special‐Status Species ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 6 ‐
2.3.1.2 Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 6 ‐
2.3.1.3 Clean Water Act Section 404 and 401 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 6 ‐
2.3.2 STATE LAWS AND REGULATIONS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 7 ‐
2.3.2.1 California Endangered Species Act ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 7 ‐
2.3.2.2 The Natural Community Conservation Planning Act ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 7 ‐
2.3.2.3 Fully Protected Species & Species of Special Concern ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 7 ‐
2.3.2.4 California Environmental Quality Act. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 8 ‐
2.3.2.5 California Fish and Game Code Sections 3503 & 3513 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 8 ‐
2.3.2.6 California Native Plant Protection Act ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 9 ‐
2.3.2.7 California Native Plant Society ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 9 ‐
2.3.2.7 Porter‐Cologne Water Quality Control Act ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 9 ‐
2.3.2.8 California Fish and Game Code Section 1600 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 10 ‐
2.3.2.9 Sensitive Vegetation Communities ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 10 ‐
2.4 Local Policies And Ordinances ...................................................................... - 11 -
2.5 Tree Removal Ordinance No. 33 ................................................................... - 11 -
2.6 Critical Habitat ............................................................................................... - 11 -
3.0 POTENTIAL SPECIAL STATUS SPECIES AND OTHER BIOLOGICALLY SENSITIVE RESOURCES ........................................................................................................................ - 12 -
3.1 Potential Species of Concern for the Project ................................................ - 12 -
3.1.1 CALIFORNIA RED‐LEGGED FROG ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 12 ‐
3.1.2 WESTERN POND TURTLE ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 13 ‐
3.1.3 ALAMEDA WHIPSNAKE ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 14 ‐
3.1.4 SAN FRANCISCO DUSKY‐FOOTED WOODRAT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 15 ‐
3.1.5 WESTERN BURROWING OWL ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 15 ‐
3.1.6 WHITE‐TAILED KITE ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 16 ‐
3.1.7 YELLOW WARBLER ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 16 ‐
3.1.8 COOPER'S HAWK ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 16 ‐
3.1.9 NORTHERN HARRIER ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 16 ‐
3.1.10 BIRDS UNDER THE MIGRATORY BIRD TREATY ACT AND CALIFORNIA FISH AND GAME CODE ‐‐‐‐‐‐‐‐‐ ‐ 17 ‐
3.1.11 SPECIAL STATUS PLANTS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ 17 ‐
4.0 SENSITIVE HABITATS............................................................................................. - 18 -
5.0 CONCLUSIONS AND RECOMMENDATIONS .............................................................. - 18 -
6.0 SUMMARY OF SENSITIVE SPECIES ISSUES ............................................................ - 19 -
7.0 REFERENCES ........................................................................................................... - 29 -
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8.0 QUALIFICATIONS OF THE AUTHOR ........................................................................ - 32 - Figure
Figure 1 ‐ Site Location
Figure 2 – Proposed Project
Figure 3 – Project Site Vegetation Map
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EX‐1 EXECUTIVE SUMMARY
This report presents the results of a reconnaissance‐level habitat study for special‐status wildlife, plant species, and protected habi tats for the 6.25‐acre propert y located at the intersection of Interstate Highway 80 and State Highway 4 in Hercules, Californ ia. This report is intended to provide background and site‐speci fic information pertaining to biological resources and to identify potential constraints to future development of the sit e. Included is a discussion of the existing plant communities, wildlife associations, potentially‐ occurring special‐status plant and wildlife species, natural communi ties, and recommended general mitigation measures for potential impacts.
The study area plant community is a mixture of upland coyote brush scrub, native grassland, willow riparian woodland, and emergent wetland, with disturbed portions of annual grassland containing non‐native grassland and ruderal areas disturbed by grading and stockpiling of soil.
The project site is isolated within numerous roadways and indus trial development. The willow riparian and emergent wetlands on the site contain wetlands und er state and/or federal jurisdiction.
A total of 24 special‐status plant species were considered to have at least some potential to occur in the project region (on the basis of inclusion on federal or state lists or California Native Plant Society lists). Ten potential grassland plants were the focus of surveys during field studies. None were observed. Because of the marginal suitability of the site due to historic ground disturbance and presence of many invasive non‐native plant species over mos t of the site, no special status plant species would be expected to be present.
A total of 36 special‐status animal species are known to occur within the vicinity of the project site (primarily found on state and federal lists of special status animal species). Of these, several protected bird species potentially nest in trees on the site. The California red‐legged frog is known to inhabit the aquatic (and adjacent associated upland habitats) . S a n F r a n c i s c o d u s k y ‐ f o o t e d woodrat, and Western pond turtle are additional protected species that have a moderate to high potential to be present. The remaining special status animal species are considered to have low potential to occur on site.
Future development of the site may warrant additional biological studies and, depending on the nature of the proposed development, may require permits from re gulatory agencies as well as mitigation. Specific regulated biological resources present, or potentially present on site include California red‐legged frog, San Francisco dusky‐footed woodrat, Western pond turtle, Cooper's Hawk, and other raptors or migratory bird nesting sites.
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Approximately 50 percent of the site will remain undeveloped, providing a buffer between a stream and associated wetlands, reducing potential impacts to biological resources. However, it is anticipated that coordination with federal and state agencies will be necessary to ensure protection to special status species and sensitive wetlands habitats.
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1.0 Introduction
This report presents the results from several reconnaissance‐level habitat surveys for special‐ status wildlife and plant species within the 6.25‐acre property located at the intersection of Interstate Highway 80 and State Highway 4 in Hercules, Californ ia. (See location map, Figure 1).
This report is intended to provi de background and site‐specific information pertaining to biological resources and to identify potential biological constraints to future development of the site. Included is a discussion of the existing plant communities, wildlife associations, potentially‐ occurring special‐status plant and wildlife species, natural communities, and recommended avoidance and mitigation measures. The need for further studies, if necessary, will also be discussed. The report will help guide potential development of the site and will be useful for any potential CEQA or other state and federal required permits.
The present evaluation was prepared using information gathered from observations made during several site visits, from the California Natural Diversity Data Base maintained by the California Department of Fish and Game, and environmental reports from nearby projects.
1.1 Methods
The findings for this biological assessment report are based on the following: 1) a print‐out of special status plant and animal species for the Hercules, Mare Island, and Richmond 7.5 minute quadrangles from the California Natural Diversity Database, 2) assessment of habitat types and surrounding land use by reviewing recent aerial photographs (Go ogleMaps aerial from 9/2012), and, 3) reconnaissance‐level surveys.
General habitat surveys were conducted by biologist Michael Marangio on May 3, 7, 27, June 19, and July 16, 2014, Dec 16, 2019, and January 9, 2020. Site surv eys were intended primarily as reconnaissance‐level site visits to identify vegetation types a nd to assess the potential for the presence of special‐status species within the study area. Surveys were conducted on foot during daylight hours; the perimeter of the study area, and all distin ct habitats were visited and described, and the site was searc hed for any potential drainage s or wetlands. Dominant plant species for each plant community and all wildlife species obser ved were recorded. A wetland delineation (Jones 2020) was conduc ted on potential wetland are as on the project site.
Information on special‐status plant species was compiled through a review of the California Natural Diversity Data Base and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner and Pavlik 2004). Information on special‐ status animal species was compiled through a review of the CNDD B records and CDFG’s Special Animals (CDFW 2011).
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N o m e n c l a t u r e f o r c o m m o n , w i d e s p read plants and animals conforms to Hickman (1993) and Zeiner, et al. (1988‐1990), respectively. Plant community names conform to H olland (1986) and Sawyer and Keeler‐Wolf (1995); wetland community names from Cowardin, et al. (1979) are also used where appropriate.
1.2 Existing Environment
General
The study area is located in the City of Hercules along the eas t side of Interstate Highway 80 (I‐ 80), to the south of Hwy 4, within a loop ramp to westbound Wil low Avenue. The highway was constructed between 1950‐1958. Review of historic aerial photographs indicate that the property has been used for soil stockpiling (Papineau 2014). The site co vers a total of 6.25 acres, 2 acres of which are included in easements. The topography includes a range of slopes and flatter areas, and has a low‐elevation area to the east that supports marshlands and riparian habitat including tree cover, standing water, and flowing waters of the north bra nch of Refugio Creek (see Figure 1).
The proposed project will involve developing a 6 Story Office building, a 100 Unit Hotel and associated parking as shown in Figure 2.
Figure 1. Project location at Intersection of Hwy 4 and I‐80 The Site
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Figure 2 – Proposed Project
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Figure 3. Project Site Vegetation Map
2.0 Biological Assessment
2.1 Plant Communities
The project site includes a mosaic of several vegetation communities, including Non‐native Annual Grassland, Native Perennial Grassland, Willow Riparian W oodland, Emergent Wetland, and coyote brush scrub (See Figure 3).
Non‐native Annual Grassland. As a result of disturbance and undocumented soil deposition activities on the site, much of the vegetative cover (observed December 16, 2019) contained areas of non‐native annual grassland with species including ripgut brome (Bromus diandrus), wild‐oat (Avena fatua), annual fescue ( Vulpia myuros) i n t e r g r a d i n g w i t h d i s t u r b e d a r e a s , dominated by other introduced weedy forbs such as black mustard (Brassica nigra), wild radish (Raphanus sativus), and perennial pepperweed (Lepidium latifolium). During observations on December 16, 2019, these grasslands were seen to have been graded and seeded with what was assumed to be erosion control grass seed mix.
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N a t i v e G r a s s l a n d . P o r t i o n s o f t h e s i t e h a v e v e g e t a t i v e c o v e r almost exclusively consisting of native creeping wild‐rye ( Leymus triticoides), a rhizomatous species that spreads through expansion of the plants by its spreading roots. On the project site, in most areas where wild‐rye was seen growing, there were no other plant species observed. Native creeping wild‐rye usually grows under moist soil conditions, and appeared to be located preferentially on the cooler north facing slopes of the site.
Coyote brush scrub. Coyote brush scrub habitat was dominated by Coyote brush (Baccharis pilularis) with scattered Poison Oak (Rhus diversiloba). Since that time, most of the Coyote Brush habitat had been scraped clear of vegetation and planted with a n e r o s i o n c o n t r o l s e e d m i x (Figure 2).
Willow riparian woodland. The north fork of Refugio Creek flows through the northern portion of the site from a culvert at the southeast portion of the site , exiting through a culvert that is p i p e d t o d r a i n b e n e a t h I ‐ 8 0 t o the northwest. The stream channel supports a willow riparian plant community dominated by large willow trees, patches of mulefat (Baccharis viminea), stinging nettle ( Urtica dioica), watercress ( Nasturtium officinale), poison hemlock ( Conium maculatum) and teasel ( Dipsacus fullonum ) . W h e r e d e e p e r p o o l s w e r e p r e s e n t d u r i n g observations in 2014, much of the water surface was covered in small floating plants including duckweed (Lemna sp.) and water fern (Azolla sp).
Emergent wetland. Within the eastern portion of the site, adjac ent to Refugio Creek, elevations are low, forming a basin that includes open water(during years of higher rainfall) grading into emergent wetlands dominated by cat‐tail (Typha. sp.). Much of the emergent wetlands are becoming overrun with the invasiv e non‐native plant perennial p epperweed ( Lepidium latifolium).
2.2 Wildlife Habitat
Habitat conditions are good for a variety of wildlife species i n the annual grassland and ruderal areas. Tunnels of Botta pocket gopher ( Thomomys bottae) were observed, with other rodents such as California vole (Microtus californicus), house mouse (Mus musculus), and harvest mouse (Reithrodontomys megalotis) to be expected. Amphibians and reptiles that would be expect ed include terrestrial garter snake ( Thamnophis elegans ), and gopher snake ( Pituophis melanoleucus). Several western fence lizards ( Sceloporus occidentalis) as well as a brush rabbit (Sylvilagus bachmani) were observed in the drier g rassland habitats in 2014. Bird s pecies that were observed include Turkey vulture ( Cathartes aura), Mallard ( Anas platyrhynchos) and
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Mourning Dove ( Zenaida macroura ) . R e d ‐ w i n g e d B l a c k b i r d s (Agelaius phoeniceus ) were observed to be nesting in emergent marshland habitat in 2019.
2.3 Biological Issues
Sensitive biological resources a re protected under a number of federal, state, and local regulations. An overview of the current regulatory framework is as follows.
2.3.1 Federal Laws and Regulations
2.3.1.1 Special-Status Species
The Federal Endangered Species Act (FESA) of 1973 prohibits fed eral agencies from authorizing, permitting, or funding any action that would jeopardize the con tinued existence of a plant or animal species listed or a candidate for listing as Threatened or Endangered under the FESA. If a federal agency is involved with a proposed action or project th at may adversely affect a listed plant or animal, that agency must enter into consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7(a)(2) of the FESA. In addition, if ther e is a federal nexus to the project of an individual or agency, they may also enter into consultation through the federal agency with whom there is a connection, such as for a permit. In this case, an Army Corps of Engineers (ACOE) permit may be necessary, providing a link to this federal agency.
2.3.1.2 Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act The Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703‐711 ) makes it unlawful to possess, buy, sell, purchase, barter or, “take” any migratory bird liste d in Title 50 of the Code of Federal Regulations Part 10. “Take” is defined as possession or destruction of migratory birds, their nests, or eggs. Disturbances that causes nest abandonment and/or loss of reproductive effort or the loss of habitats upon which these birds depend would be in violation of the MBTA.
2.3.1.3 Clean Water Act Section 404 and 401
The U.S. Army Corps of Engineers (Corps) and the U.S. Environme ntal Protection Agency (EPA) regulate the discharge of dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Waters of the United States are defined in Title 33 CFR Part 328.3(a) and include a range of wet environments such as lakes, rivers, streams (including intermittent streams), mudfla ts, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds. The extent of waters of the U.S., is generally defined as that por tion which falls within the lim its of "ordinary high water." Field indicators of ordinary high water include clear and natural line s o n o p p o s i t e s i d e s o f s t r e a m banks, scouring, sedimentary deposits, drift lines, wracks, exposed roots, shelving, destruction of terrestrial vegetation, and the presence of litter and debris. Wetlands, including swamps, bogs, seasonal wetlands, seeps, marshes, and similar areas are defined by the U.S. Army Corps of
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Engineers as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under no rmal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (33 CFR328.3 [b]; 40CFR 230.3 [t].
Section 401 of the Clean Water A ct (33 U.S.C. 1341) requires an y applicant for a federal license or permit to conduct any activity that may result in a discharg e of a pollutant into waters of the United States to obtain a certification from the state, in this case from the Regional Water Quality Control Board. This agency has authority over all state wetlands, including isolated wetlands not covered under federal jurisdiction.
2.3.2 State Laws and Regulations
2.3.2.1 California Endangered Species Act
The State of California has enacted similar laws to the FESA, including the California Native Plant Protection Act (NPPA) of 1977, and the California Endangered Sp ecies Act (CESA) of 1984. The CESA expanded upon the original NPPA and enhanced legal protect ion for plants, but the NPPA remains part of the California Fish and Game Code. To align wi th the FESA, CESA created the categories of “threatened” and “e ndangered” species. The State converted all animal species listed as “rare” under the FESA into the CESA as threatened spe cies, but did not do so for rare p l a n t s . T h u s , t h e s e l a w s p r o v i d e t h e l e g a l f r a m e w o r k f o r p r o t ection of California‐listed rare, threatened, and endangered plant and animal species. CDFG impl ements NPPA and CESA, and its Wildlife and Habitat Data Analysis Branch maintains the California Natural Diversity Database ( C N D D B ) , a c o m p u t e r i z e d i n v e n t o r y o f i n f o r m a t i o n o n t h e g e n e r a l location and status of California’s rarest plants, animals, and natural communities. During the CEQA review process, CDFG is given the opportunity to comment on the potential of th e Proposed Project to affect listed plants and animals.
2.3.2.2 The Natural Community Conservation Planning Act The Natural Community Conservation Planning (NCCP) Act of 1991 represents an effort by the State of California, and numerous private and public partners, t o b r o a d e n i t s o r i e n t a t i o n a n d objectives beyond those of the CESA and FESA. The primary objec t i v e o f t h e N C C P A c t i s t o conserve natural communities at the ecosystem scale while accommodating compatible land use.
There are no NCCPs that cover the Project area.
2.3.2.3 Fully Protected Species & Species of Special Concern The classification of “fully protected” was CDFW’s initial effort to identify and provide additional protection to those animals that were rare or faced possible ex tinction. Lists were created for fish, amphibian and reptiles, birds, and mammals. Most of the species on these lists have subsequently been listed under CESA and/or FESA. The Fish and Game Code s ecti ons (fis h at
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Section 5515, amphibian and rept iles at Section 5050, birds at Section 3511, and mammals at Section 4700) dealing with “fully protected” species states that these species “…may not be taken or possessed at any time and no provision of this code or any o ther law shall be construed to authorize the issuance of permits or licenses to take any fully protected species,” although take may be authorized for necessary scientific research. This lang uage makes the “fully protected” designation the strongest and most restrictive regarding the “take” of these species. In 2003, the code sections dealing with fully protected species were amended to allow CDFG to authorize take resulting from recovery activities for State‐listed species.
Species of Special Concern (SSC) are broadly defined as animals not listed under the FESA or CESA, but which are nonetheless of concern to CDFW because they are d eclining at a rate that could result in listing or historically occurred in low numbers and k nown threats to their persistence currently exist. This designation is intended to result in spe cial consideration for these animals by CDFW, land managers, consulting biologists, and others, and is intended to focus attention on the species to help avert the need for costly listing under FES A and CESA and recovery efforts that might ultimately be required. Although these species generally have no special legal status, they are given special consideration under CEQA during project review.
2.3.2.4 California Environmental Quality Act.
The California Environmental Quality Act (CEQA) applies to “pro jects” that are proposed to be undertaken or those requiring approval by State and local government agencies. Projects are defined actions that have the potential to have physical impact on the environment. Under S e c t i o n 1 5 3 8 0 o f C E Q A , a s p e c i e s n o t i n c l u d e d o n a n y f o r m a l l i st “shall nevertheless be considered rare or endangered if the species can be shown by a local agency to meet the criteria” for listing. With sufficient documentation, a species could be shown to meet the definition of rare or endangered under CEQA and be considered a “de facto” endangered species. Development of the subject site will in addition require evaluation of all environmental impacts that could potentially result from construction.
2.3.2.5 California Fish and Game Code Sections 3503 & 3513 According to Section 3503 of the California Fish and Game Code, it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird (except Engl ish sparrows (Passer domesticus), domestic pigeon (Columba livia) , a n d E u r o p e a n s t a r l i n g s (Sturnus vulgaris)). Section 3503.5 specifically protects birds in the orders Falconiformes and Str igiformes (birds‐of‐prey). Section 3513 essentially overlaps with the MBTA, prohibiting the take o r possession of any migratory, non‐game bird. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “take” by CDFW.
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2.3.2.6 California Native Plant Protection Act
The Native Plant Protection Act (NPPA) of 1977 gave the Califor nia Fish and Game Commission the power to designate native plants as "endangered" or "rare" and protects endangered and rare plants from take.
2.3.2.7 California Native Plant Society
The California Native Plant Society (CNPS) publishes and maintai n s a n I n v e n t o r y o f R a r e a n d Endangered Vascular Plants of California in both hard copy and electronic version. The Inventory assigns plants to the following categories:
1A Plants Presumed Extinct in California
1B Plants rare, threatened, or endangered in California and els ewhere 2 Plants rare, threatened, or endangered in California but more common elsewhere 3 Plants about which information is needed‐a review list 4 Plants of limited distribution‐a watch list
Impacts to plants on lists 1 and 2 are typically assumed to mee t the threshold of significance for CEQA. The CNPS considers it to be mandatory that these species are fully considered during the preparation of environmental documentation relating to CEQA. Therefore, this report considers plants listed as 1 and 2 as special‐status species. Very few list 3 and 4 plants meet the definitions of Section 1901 Chapter 10 Native Plant Protection Act or Sections 2062 and 2067 California Endangered Species Act of the CDFG Code and are eligible for St ate listing. However, the CNPS strongly recommends that these sp ecies be fully considered duri ng the preparation of environmental documentation relating to CEQA.
2.3.2.7 Porter-Cologne Water Quality Control Act
Waters of the State are defined by the Porter‐Cologne Act as “any surface water or groundwater, including saline waters, within the boundaries of the state.” The Regional Water Quality Control Board (RWQCB) protects all waters in its regulatory scope, but has special responsibility for isolated wetlands and headwaters. These water bodies have high resource value, are vulnerable to filling, and may not be regulated by other programs, such as Section 404 of the CWA. Waters of the State are regulated by the RWQCB under the State Water Q uality Certification Program, which regulates discharges of dredged and fill material under Section 401 of the CWA and the Porter‐C ol o gne Wate r Quality Con trol A ct. Pr oje cts that r equire a Corps permit, or fall under other federal jurisdiction, and have the potential to impact wa ters of the State are required to comply with the terms of the Water Quality Certification Progra m. If a Proposed Project does not require a federal license or permit, but does involve activ ities that may result in a discharge
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o f h a r m f u l s u b s t a n c e s t o W a t e r s o f t h e S t a t e , t h e R W Q C B h a s t h e option to regulate such activities under its State authority in the form of Waste Discharge Requirements or Certification of Waste Discharge Requirements.
2.3.2.8 California Fish and Game Code Section 1600
Streams, lakes, and riparian vegetation as habitat for fish and other wildlife species, are subject to jurisdiction by the CDFG under Sections 1600‐1616 of the California Fish and Game Code. Any activity that will do one or more of the following: 1) substant ially obstruct or divert the natural flow of a river, stream, or lake; 2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or 3) deposit or dispose o f debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake; generally require a 1602 Lake a nd Streambed Alteration Agreement. The term “stream,” which includes creeks and rivers, is defined in the California Code o f Regulations (CCR) as follows: “a body of water that flows at least periodically or intermittentl y through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetat ion” (14 CCR 1.72). In addition, the term stream can include ephemeral streams, dry washes, watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance if they support aquatic life, riparian vegetation, or stream‐dependent terrestrial wildlife. Riparian is defined as, “on, or pertaining to, the banks of a stream;” therefore, riparian vegetation is defined as, “vegetation, which occurs in and/or adjacent to a stream and is dependent on, and occurs because of, the stream itself.” Removal of riparian vegetation also requires a Section 1602 Lake a n d S t r e a m b e d A l t e r a t i o n A g r e e m e n t f r o m C D F G . I f a n y s t r e a m modifications or riparian vegetation removal was proposed for this site, it would require a S e c t i o n 1 6 0 2 L a k e a n d Streambed Alteration Agreement from CDFG. If no modifications s hould occur, one may not be necessary.
2.3.2.9 Sensitive Vegetation Communities
Sensitive vegetation communities are natural communities and ha bitats that are either unique, of relatively limited distribution in the region, of particularly high wildlife value, or receive regulatory protection (i.e., §404 of the Clean Water Act and/or the CDFG §§1600, et seq. of the California Fish and Game Code).
However, these communities may or may not necessarily contain special‐status species. Natural communities considered sensitive are those identified in local or regional plans, policies, r e g u l a t i o n s , o r b y t h e C D F W . C D F W k e e p s r e c o r d s o f s e n s i t i v e community occurrences in its Natural Diversity Database. Impacts to sensitive natural communities identified in local or regional plans, policies, regulations or by the CDFW or USFWS must be considered and evaluated
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under CEQA (California Code of Regulations: Title 14, Div. 6, Chap. 3, Appendix G). Specific habitats may also be identified as sensitive in City or County General Plans or ordinances.
2.4 Local Policies And Ordinances
The City of Hercules General Plan Open Space and Conservation Element, Policy 2a, requires proponents to design constructio n footprints to avoid wetlands, and to mitigate effects where avoidance is not possible.
2.5 Tree Removal Ordinance No. 33
Ordinance No. 33 regulates the removal of mature trees on private and public properties within Hercules. A mature tree includes any living tree with a trunk d iameter measuring 12 inches or greater when measure at about 4.5 feet above the surface of the ground.
According to the ordinance, mature trees may be removed in conjunction with the development of a project if the City has issued all necessary land use appr ovals and if the City has approved a tree replacement plan. Additionally, mature trees may be remove d for development project in conjunction with permits from the California Department of Toxic Substances Control, USACE, and CDFW upon the following conditions: (1) the property owner has obtained and is in compliance with a grading permit and erosion and sediment control plan, (2) the City has approved and the property owner is implementing a tree replacement plan as part of the environmental mitigation program approved by the applicable state or federal agency, and (3) the proposed pre‐development activities are consistent with t h e C i t y ’ s General Plan as determined by the Community Business Development Director.
Exceptions to the provisions of the tree ordinance include remo v a l o f t r e e s t h a t p o s e a n immediate and substantial threat to the safety of persons or property. Exceptions must be approved by the Public Works Director prior to removal of the tree.
2.6 Critical Habitat
Critical habitat is a term defined and used in the ESA as a spe cific geographic area that contains f e a t u r e s e s s e n t i a l f o r t h e c o n s e r v a t i o n o f a t h r e a t e n e d o r e n d angered species and that may require special management and protection. The ESA requires fed eral agencies to consult with the USFWS to conserve listed species on their lands and to ensu re that any activities or projects they fund, authorize, or carry out will not jeopardize the continued existence of a threatened or endangered species.
In consultation for those species with critical habitat, federal agencies must also ensure that their activities or projects do not adversely modify critical habitat to the point that it will no longer aid in the species’ recovery. In many cases, this level of protection is similar to that already provided to species by the ESA jeopardy standard . However, areas that a re currently unoccupied by the species but which are needed for the species’ recovery are prot ected by the prohibition against adverse modification of critical habitat.
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3.0 Potential Special Status Species and other Biologically Sensitive Resources
Upon review of the California Natural Diversity Data Base inform a t i o n f r o m U S G S 7 . 5 ‐ m i n u t e quad sheets for Mare Island, Richmond, and Benicia and considering biological survey experience in Contra Costa County, a list of potential special status plant species was prepared (Table 1).
Most of the species have been documented on CNDDB map overlays generally have specialized habitat requirements that are typically only rarely present. However, each species was analyzed for whether they may be present. Of the 24 species of plants, only a few plant species could potentially be present. However, a focused search was conducted for these plants and none were observed. The disturbed nature of most of the site support the conclusion that special status plants are not present.
Of the animal species documented in the general project vicinit y, those with the greatest potential for presence on or close to the site include California red‐legged frog (Rana draytonii), Western pond turtle ( Actinemys marmorata ), Alameda whipsnake ( Masticophis lateralis euryxanthus) (AWS), San Francisco dusky‐footed woodrat ( Neotoma fuscipes ), Western burrowing owl (Athene cunicularia hypugaea), yellow warbler ( Setophaga petechia), Cooper's
Hawk (Accipiter cooperii) , N o r t h e r n h a r r i e r (Circus hudsonius), and white‐tailed kite (Elanus leucurus). The following section further discusses habitat requirements and evaluates in greater detail the potential for presence o f t h e s e s p e c i e s o n t h e s u b j ect property. In addition, the biological issues of migratory birds, protected trees, and sens itive plant species are also discussed.
3.1 Potential Species of Concern for the Project
3.1.1 California Red-legged Frog
General Background. The Ca lifornia red‐legged frog ( Rana draytonii) (CRLF) is federally listed as t h r e a t e n e d a n d i s a S t a t e o f C a l i f o r n i a s p e c i e s o f s p e c i a l c o n ce r n . I t i s k n o w n f r o m i s o l a t e d l o c a t i o n s i n t h e S i e r r a N e v a d a , N o r t h C o a s t , a n d N o r t h e r n T r a n sverse Ranges. They are distributed throughout much of the San Francisco Bay Area.
CRLF is found in a variety of habitats including marshes, strea ms, lakes, and other mostly permanent aquatic locales. Habitat usually consists of deep (over 2.5 ft) still or slow‐moving water with riparian vegetation (willows) and/or tules (Schoenoplectus sp.) and cattails (Typha sp.) (Jennings and Hayes 1994). This frog is highly aquatic and is typically found in water or associated aquatic vegetation. However, some individuals use habitats that are removed from aquatic habitats, seeking cover in rodent burrows in grasslands. Estiva tion habitat includes areas up to 300 feet from a stream corridor and includes natural features, such as boulders, rocks, trees,
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shrubs, and logs (Tatarian 2008). In a study of CRLF movement, Fellers and Kleeman (2007) found the greatest straight‐line distance noted was 0.9 mi (1.4 km) , which was likely to actually be 1.7 mi (2.8 km) (including movements not in a direct line from the initial starting point). During winter rains, adult CRLF are known to traverse up to 3 km (1.9 miles) from aquatic sites (USFWS 2002).
They can disperse across grassla nds, woodlands, coniferous fore sts, and chaparral. During dry periods, adults may take refuge in rodent holes and under leaf litter. Breeding occurs between November and April. Tadpoles metamorphose between July and September, but may also sometimes take over a year to transform where conditions are suitable.
The decline of this species is a result of historical large scale commercial harvesting, habitat destruction, and the establishment of introduced non‐native spe cies such as the bullfrog (Lithobates catesbeianus), crayfish, and several species of fish.
Occurrence in the Project Vicinity. The project area is not wi thin the area designated as critical habitat under the federal Endangered Species Act; it is about 2.5 miles northwest of the western limits of Critical Habitat Unit CCS‐1 for CRLF. However, accordi n g t o C N D B r e c o r d s , a k n o w n locality for California red‐legged frog lies on the subject property. The observation of 2 adults and 9 juvenile CRLF was documented at an unculverted portion of Ref ugio Creek within the subject property in August of 2000. Suitable breeding habitat appears to be present within pools in the Refugio Creek stream channel and adjacent emergent wetlands habi t a t . T h e p r e s e n c e o f t h e introduced invasive Bullfrog has also been noted in this portion of Refugio Creek. No frogs of any kind were observed on periodic general reconnaissance.
3.1.2 Western Pond Turtle
General Background. The Western pond turtle (Actinemys marmorata) is a California Species of Special Concern. It is distributed discontinuously from Puget S ound, Washington southward to Baja California, Mexico (Stebbins and McGinnis 2012). Pond turtles feed on a variety of food items including crustaceans, amphibians, fish, carrion, and plant material.
Pond turtles are often found basking along banks and on logs during the spring. When disturbed, they will drop into the water and hide under rocks, logs or oth er debris. Western pond turtles use permanent or nearly permanent water bodies in a variety of habitat types. They can be found in ponds, marshes, rivers, streams, and irrigation ditches within grasslands, woodlands, and open forests. The quality of the habitat appears to vary with the av ailability of basking sites (Jennings and Hayes 1994). Logs, rocks, mats of floating vegetation, or open mud banks are used for basking and are necessary for thermoregul ation. Pond turtles also requi re upland habitat for overwintering and egg‐laying sites. Oviposition sites require sandy soil in order to excavate a nest.
Egg‐laying sites typically average 92 ft from aquatic habitat ( Rathbun et al, 2002). Juvenile and adult western pond turtles will move considerably depending on the condition of their aquatic environment. They are known to move within an average of 164 ft from the creeks they inhabit (Rathbun et al. 1992).
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Western pond turtle populations have been declining throughout their range, especially in southern California and San Joaquin Valley, generally related t o urbanization, agricultural development, flood control projects, exotic diseases, exploitation for the food and pet trade, extended drought, and the introdu c t i o n o f e x o t i c p r e d a t o r y s p e cies of carnivorous fishes and bullfrogs.
Occurrence in the Project Vicinity. According to CNDDB records, Western pond turtles are known from the adjacent watershed of Rodeo Creek from a location abou t 1 mile east of the subject property. Considering the fact that this species is known to mo ve considerably, they would be expected to be present on the subject site, especially at pools within Refugio Creek in deeper open ponded waters having associated sunny basking sites.
3.1.3 Alameda Whipsnake
General Background. The Alameda whipsnake (Masticophis lateralis euryxanthus) (AWS) is a federal‐ and state‐listed Threatened species. AWS is a fast moving, diurnal snake measuring three to five feet long. It is restricted to Alameda, Contra Costa, S anta Clara and San Joaquin counties within the San Francisco Bay region. The Alameda whipsnake occu rs primarily in coastal scrub and chaparral communities, but also forages in a variety of other communities in the inner Coast Range, including grasslands and open woodlands (Swaim 1994). Th is species requires open and partially open, low‐growing shrub communities for many of its biological needs. This type of habitat provides cover for snakes during dispersal, limits their observation by predators, and provides a variety of microhabitats where whipsnakes can move t o regulate their body temperature (Swaim 1994). Whipsnake habitat usually consists of a mix of sunny and shaded sites in order to provide a range of temperatures for the snake’s activities.
Other important habitat features this species utilizes include small mammal burrows, rock outcrops, talus, and other forms of shelter that provide snakes with a variety of habitats for temperature regulation, protection from predators, egg‐laying s ites, and sites for winter hibernation.
According to USFWS (2006), suitable habitat for this species in cludes communities that support mixed chaparral, coastal scrub, and annual grassland and oak wo odlands that are adjacent to scrub habitats. Grassland areas that are linked to scrubland by rock outcrops or river corridors are also considered important habitat elements. Alameda whipsnak e s p r e y o n a v a r i e t y o f vertebrate species, including frogs, lizards, nestling birds, and rodents (Zeiner et al. 1988), with a strong preference for lizard prey (Swaim 1994). Occupied areas usually support a prey base of at least two lizard species, especially the western fence lizard ( Sceloporus occidentalis) (Stebbins and McGinnis 2012, Swaim 1994). The main reason for the decline in this species is the loss of large portions of prime habitat to urban development. Road con struction has fragmented AWS populations making them more susceptible to extinction from automobile mortality.
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Occurrence in the Project Vicinity. The project site is locate d about 2.6 miles northwest of the limits of the area designated as Unit 1 of Critical Habitat und er the federal Endangered Species Act (U SFWS 2 0 00 ). An obs erv atio n of AWS is known fro m about 3.3 mi E of the proje ct s ite (Hercules 2013). This specimen appears to be one from the Pinole Watershed, the location that is furthest west for this subspecies (U.S. Fish and Wildlife Service 2002). The subject site is of low habitat value as a result of the limited area of scrub habitat present, because of the historic site disturbance and the removal of coyote brush habitat, and the isolation of the site due to fragmentation of the habitats in the area by roadways and elimination of nearby suitable habitat.
3.1.4 San Francisco Dusky-footed Woodrat
General Background. The San Francisco Woodrat (Neotoma fuscipes annectans ) is a California S p e c i e s o f S p e c i a l C o n c e r n . T h is subspecies of dusky‐footed woodrat is fairly common and widespread throughout the Coast Range and the northern interior of California. It is one of 11 subspecies, and is restricted to the San Francisco Bay area. S an Francisco woodrats are highly arboreal, often associated with evergreen or live oaks and other trees and shrubs as well as with riparian, chaparral, and coastal scrub plant communities. They generally prefer a moderate canopy for protection from predators. They build stick houses from branches of trees and shrubs at the base of, or in a tree or shrub. Houses may measure up to 8 feet in diameter and height.
This species is nocturnal, feeding on nuts and fruits, fungi, f oliage and some forbs (Linsdale and Tevis 1951).
Occurrence in the Project Vicinity. Woodrats are potentially p resent in wooded portions of the site, especially in riparian w oodland. During reconnaissance su rveys of the riparian areas conducted on May 3 and 27, 2014, no indication for their presen c e w a s n o t e d . H o w e v e r , observations of their stick nest s was documented at a location about 2.5 miles east in Franklin Canyon (Restoration Design Group 2006). Therefore there is a moderate potential for them to be present.
3.1.5 Western Burrowing Owl
General Background. The Western burrowing owl ( Athene cunicularia) is a California Species of Special Concern and a Fish and Wildlife Service (2002) “Bird of Conservation Concern.” It is a year‐long resident typically found in grasslands. It feeds mai nly upon insects, small mammals and reptiles, nesting within old burrows of ground squirrels. Breeding occurs from March through August.
O c c u r r e n c e i n t h e P r o j e c t V i c i n i t y . T h i s s p e c i e s i s n o t k n o w n t o b r e e d i n t h e p r o j e c t v i c i n i t y (Glover 2009). The lack of ground squirrels on the site that could provide burrows for this species likely restricts its presence. As a result, no significant impacts would result to this species.
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3.1.6 White-tailed Kite
General Background. The white‐tailed kite ( Elanus leucurus) is a fully protected species under the California Fish and Game Code and is considered a State Spe cies of Special Concern. White‐ tailed kites have generally decreased throughout much of Califo rnia since the late 1970’s. Local populations appear to still be relatively healthy along the nor th and east San Francisco Bay and in the Sacramento‐San Joaquin Delta (Zeiner, Laudenslayer, Mayer, and White, 1990). White‐ tailed kites inhabit open lowland grassland, riparian woodland, marshes, and scrub areas. They forage in undisturbed, open grasslands, meadows, farmlands and emergent wetlands. Prey species consist mostly of voles and other small, diurnal mammals.
Occurrence in the Project Vicinity. This species is known to breed in the project vicinity (Glover 2009). Appropriate foraging and nesting habitat is present and therefore there is a moderate potential for them to breed on the site. A single adult was observed on December 16, 2019 on a hillside on the ground just outside of the project limits on the southeastern portion of the project site.
3.1.7 Yellow Warbler
General Background. Yellow warblers (Dendroica petechia) nests in dense riparian habitats dominated by willows, alders, or cottonwoods. Areas along Refugio Creek dominated by willows provide suitable nesting habitat for this species.
O c c u r r e n c e i n t h e P r o j e c t V i c i n i t y . A l t h o u g h t h e r e a r e n o C N DD B r e c o r d s o r o t h e r documentation indicating the pre sence of this species in the pr oject site vicinity (Glover 2009), given the presence of suitable nesting and foraging habitat, this species has a moderate potential to nest on the site.
3.1.8 Cooper's Hawk
General Background. Cooper's hawk (Accipiter cooperii) is a species typically associated with woodlands, especially along their edges. Suitable trees are pr esent in the willow riparian woodland associated with Refugio Creek on the project site.
Occurrence in the Project Vicinity. According to CNDDB records, they have been documented to n e s t e a s t o f H e r c u l e s , s o u t h o f F r a n k l i n C a n y o n R o a d . A p p r o p r i ate habitat is present and therefore there is a moderate potential for them to breed on the site.
3.1.9 Northern Harrier
General Background. Northern harrier (Circus hudsonius) inhabits extensive open grasslands, agricultural areas, and marshes. Nests are constructed on the g round, generally in areas where tall grasses provide cover. Individuals are commonly seen forag ing close to the ground in open
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grasslands, marshes, and agricultural fields. It is considered a possible nester in the project vicinity Glover 2009) and they may forage there.
Occurrence in the Project Vicinity. This species generally nests in extensive marsh and grassland habitats (Glover 2009). Appropriate habitat is limited on the s ite and therefore it would have a low potential to nest there.
3.1.10 Birds under the Migratory Bird Treaty Act and California Fish and Game Code General Background. The Migratory Bird Treaty Act (MBTA) protects all common wild birds found in the United States except certain introduced species and certain game birds. Disturbances that causes nest abandonment and/or l oss of reproductive effort or t he loss of habitats upon which these birds depend would be in violation of the MBTA.
California Department of Fish and Wildlife (CDFW) Code 3503 also makes it illegal to destroy any birds’ nest or any birds’ eggs that are protected under the MBT A. CDFW Code 3503.5 further protects all birds of prey, such as hawks and owls), and their eggs and nests from any form of take.
Occurrence in the Project Vicinity. The behavior of numerous red‐wing blackbirds (Agelais phoeniceus) observed on May 27, 2004 indicated colonial nesting by this s pecies in emergent marsh vegetation within portions of the Refugio Creek channel and adjacent marshland habitat.
Additional species of perching birds and raptors would also be expected to forage and to nest on this site. These birds are covered for protection from potential impacts through several state and federal regulations. Preconstruction surveys would be necessar y if construction activity is proposed during the nesting season. Associated mitigations would be required.
3.1.11 Special Status Plants
General Background. The California Native Plant Society (CNPS) publishes and maintains an Inventory of Rare and Endangered Vascular Plants of California. Impacts to plants on lists 1 and 2 are typically assumed to meet CEQA’s threshold of significanc e. CNDDB printouts include a number of plant species potentially in the project area and considered sensitive, requiring evaluation of the impacts of development of the site on them.
Occurrence in the Project Vicinity.
During reconnaissance surveys of the site, the potential for the presence of special status species of plants was evaluated. Potential grassland plant species that would have been flowering during the field visits include Amsinckia lunaris, Astragalus tener var. tener, California macrophylla, California macrophylla, Calochortus pulchellus, Calystegia purpurata. Centromadia parryi ssp. congdonii, Helianthella castanea, Holocarpha macradenia, and Trifolium depauperatum var. hydrophilum. None were observed during intensive coverage. Although the time period for flowering had passed for several additional species, identification could still have been made on the basis of presence of seeds or dried plant parts. No evidence for the presence of these
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additional species was observed. In addition, the ground distu rbances evident in the irregular topography of the site, the observation of stockpiles of a mixt ure of soils that were most likely brought in from other sites, the obvious grading of much of the site, and the dominance of invasive weedy species over much of the site supports the conclusion that the site does not provide habitat for any special status plant species.
4.0 Sensitive Habitats
Sensitive habitats present on the subject property include emergent marsh and willow riparian.
Emergent marsh areas were dominated by cattails with some areas being invaded by perennial pepperweed (Lepidium latifolium), an introduced invasive weed. Much of the marsh area was wet and appeared to be part of a flood plain for Refugio Creek.
Riparian woodland contained clumps of willow trees with occasional understory of mule fat and stinging nettle. These trees were closely associated with the stream.
These wetland habitats are considered sensitive communities by the CDFW. Additionally, these communities are considered “areas that could provide habitat fo r sensitive species” by the City of Hercules General Plan Open Space and Conservation Element. These portions of the site have been determined to be jurisdictional wetlands or waters of the US under Section 404 of the Clean Water Act (CWA) (Jones 2019).
5.0 Conclusions and Recommendations
If all of the available site is developed (6.25 acres minus 2 a cres under easements) there would be significant impacts to sensitive biological resources as a re s u l t o f l o s s o f s e n s i t i v e h a b i t a t , potential mortality to protected animals during construction, a nd from disturbance of animals from construction activities. Additional impacts would result i f the proposed development involved the filling of waters of the United States as defined by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act. Filling of pr otected areas could potentially require, a Section 404 permit from the USACE.
A wetland delineation evaluated t he presence of protected emerg ent wetlands, riparian woodlands, and stream channels that may be under jurisdiction of state and federal agencies. In order to issue this permit, the USACE must consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the Endangered Species Act (ESA). A C alifornia Environmental Quality Act (CEQA) checklist must also be prepared, which would include an evaluation of potential i m p a c t s o f t h e p r o j e c t a n d p r o p o s e d m i t i g a t i o n s t o o f f s e t a n y significant impacts. The appropriate CEQA document would then be required to be prepared. State and federal agencies will require a Notice of Determina tion from the lead agency tha t the requirements of CEQA are
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fulfilled prior to issuance of permits. In addition, a State of California Streambed Alteration Agreement may also be required.
Because potential special status species including California red‐legged frog, Western pond turtle, San Francisco dusky‐footed woodrat, and nesting birds, federal and state endangered species regulations would be necessary to follow. A detailed Biological Assessment Report (more detailed than the present report) would be required to supply the USFWS and CDFW with information on the proposed proj ect site and the means that are proposed to avoid or mitigate any significant impacts to special status species. This repor t would also provide the necessary background information for the preparation of a CEQA Environmental Checklist, the appropriate CEQA document, and possibly a Streambed Alteration Agreement. The present report would provide most of the basis of a future Biological Assessment Repo r t . F u r t h e r d e t a i l s w o u l d b e included to develop a more complete analysis of the potential sensitive resources, the significant impacts, and mitigations that would offset impacts.
To avoid impacts to wetlands and associated biological resources, the project includes avoidance for the wetlands portion of the site. As a result, wetland permits would likely not be necessary.
The following analysis will assume the avoidance of wetlands on t h e s i t e . A n y p r o p o s e d development plan would focus on building on remaining acreage
6.0 Summary of Sensitive Species Issues
The following species were evaluated for potential impacts that could result from construction of the project:
California Red‐legged Frog. Refugi o C r e e k i s k n o w n t o p r o v i d e habitat for the California red‐ legged frog. According to CNDDB records, 2 adults and 9 juvenile frogs were observed on August 17, 2000. They have also been observed in the adjacent watersh ed of Rodeo Creek. Habitat on the project site including tree cover, emergent wetland habitats, and sufficient water for the development of frog larvae generally fulfill the habitat requirements of the California red‐legged frog. Aspects that reduce the value of the existing habitat include the fact that the project site is isolated from other suitable CRLF habitat as a result of road d evelopment and the reduction of adjacent stream habitat resulting from culverting of the stream channel.
Avoiding construction activities within the wetland portion of the site would eliminate most negative impacts to CRLF. The undeveloped property between the proposed complex would act as a buffer between the wetlands and the proposed construction. Protection of the undeveloped areas should occur through a conservation easement. L A managem ent plan for the protected wetlands habitats for the enhancement of CRLF habitat, and a me ans to provide funding for the continued management of the wetland area (endowment funds) would also be necessary to develop.
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Potential significant impacts would include potential mortality and disturbance of CRLF that could result during construction. This would likely require mitigatio n that could include wildlife exclusion fencing during construc tion, preconstruction surveys, biological resources awareness training to all workers on the site, and monitoring initial ground disturbing activities.
This analysis assumes the presence of CRLF on the basis of docu mentation in the CNDDB. If an attempt to find support for the assumption that they are no longer present, it would be required to consult with the USFWS to determine if it is an acceptable o ption to survey for supporting evidence. In this case, a total of up to 8 site visits would be required according to the USFWS survey protocols. If surveys are conducted following the federal protocol and no observations of C R L F a r e m a d e , t h e c h a n n e l m a y b e a s s u m e d t o n o t c o n t a i n a p o p ulation of this species.
However, because CRLF have been documented in the year 2000 to be close to the project site, and culverts may link the site to other habitat upstream or the property, the USFWS would likely assume their continued presence (or potential future return) wi thin the remnant habitat on the project site, and if so would not allow the option for protocol field surveys.)
Western Pond Turtle (Actinemys marmorata). Western pond turtles are likely to be present within the Refugio Creek where open water and basking sites are present. According to CNDDB records, they are known from nearby Rodeo Creek. Avoidance of disturbance to the wetlands and open waters would generally avoid impacts to this species, although they also require upland areas for egg‐laying sites. A buffer area of upland habitat aro und the wetland areas would likely offset any impacts to WPT.
Alameda Whipsnake (Masticophis lateralis euryxanthus). The western limits of Critical Habitat for the Alameda whipsnake lie about 2.6 miles to the east of the Project site, and a known locality is known from 3 miles to the southeast (USFWS 2002), which appears to be the western edge of its known distribution. Additionally, the habitat on and adjacent to the project site lacks habitat elements required by this species such as rock outcrops and wel l‐developed coastal scrub and chaparral habitats and is therefore probably insufficient for supporting AWS. This species is unlikely to be present, and therefore there would be no impacts to this species as a result of the site development.
S.F. Dusky footed Woodrat ( Neotoma fuscipes). The removal of trees could result in injury or mortality of dusky‐footed woodrats, a species not observed but potentially present. Assuming no tree removal or disturbance in the riparian habitats on the site, no impacts to this species would likely result.
Burrowing Owl (Athene cunicularia). No nesting Western Burrowi ng owls are known from the project vicinity (Glover 2009). The project site does not support ground squirrels which are typically important for providin g burrows for the owls. Therefo r e , n o i m p a c t s t o W e s t e r n Burrowing Owls would result.
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White‐tailed Kite (Elanus leucurus ). According to breeding bird records (Glover 2009), they are known to nest in close proximity to the project site. This species potentially utilizes the property for foraging and may nest there. Site disturbance of the riparian area would be a significant impact. Assuming no tree removal or stream disturbance, no impacts to this species would result.
Cooper's Hawk (Accipiter cooperii). This species has been documented to nest east of Hercules, south of Franklin Canyon Road. Appropriate habitat is present and therefore there is a moderate potential for them to breed on the site. Assuming no tree removal or stream disturbance, minimal impacts to this species would result.
Yellow Warbler ( Dendroica petechia) Although there are no CNDDB records or other documentation indicating the pre sence of this species in the pr oject site vicinity (Glover 2009) given the presence of suitable nesting and foraging habitat, this species has a moderate potential to nest on the site. Assuming no tree removal or stream disturb ance, no impacts to this species would result.
Northern Harrier (Circus cyaneus). This species generally nests in extensive marsh and grassland habitats (Glover 2009). Appropriate habitat is limited on the s ite and it would therefore have a low potential to nest there. No impacts to this species would result.
Migratory Birds. Several nesting birds were noted on and adjac ent to the project ROW during field surveys on May 3, 7, 27, and June 19, 2014. Disturbance o f nesting birds (including those described above under "Sensitive Species Issues") are protected under the Migratory Bird Treaty Act and state of California regulations. Mortality or nest disturbance would be in violation of these regulations. Development of the project site could result in the potential for nest disturbance throughout the site as a result of human activity and noise during construction.
Avoidance of nesting bird impacts could be undertaken by limiti ng vegetation and ground disturbance to time periods outside of the nesting season. If t he nesting season is unavoidable, potential mitigations could include preconstruction surveys, av oidance of construction within a radius that would disturb observed nesting, require biological resources awareness training to all workers on the site, and monitoring initial ground disturbing a ctivities. Specifics on these mitigations would require CDFW approvals.)
T r e e s . T r e e s o n t h e p r o j e c t R O W m a y b e p r o t e c t e d under City of Hercules Tree Protection Ordinances. Assuming no development activities within the wetlands portion of the site (the only portion of the site containing trees), this would be a moot iss ue. No trees would be removed; therefore, no significant biological impacts would result.
Wetlands. No wetlands under state or federal jurisdiction are planned to be filled or otherwise disturbed. As a result, no significant impacts to this habitat would result. No wetlands are to be filled or disturbed.
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In summary, a number of activities are recommended in order to comply with state, federal, and local environmental regulations before any construction activities should occur. These activities are;
1. Prepare a Biological Assessment Report for preliminary review by appropriate agencies, based on the present report. This report would include a plan for the incorporation of mitigations that would offset significant impacts on any federally threatened or endangered, species or protected habitats that may occur within the area to be affected by the proposed project. According to the legal requirements within Section 7 of the ESA of 1973 (U.S. Go vernment Code [USC] Title 16, Section 1536 [16 USC 1536]), the report should include the following objectives:
Provide the best available information about the potential sensitive species and their habitats that may be affected by the proposed action.
Determine whether the sensitive species are likely to be advers ely affected by the proposed action.
Determine if Critical Habitat would be adversely modified by the proposed action. Describe the conservation measures that would avoid or minimize p r o j e c t e f f e c t s o n these species and their habitats.
Determine whether formal consultation with the USFWS is necessary.
If other sensitive species (e.g. under protection by the state of California) beyond the federally listed ones are included in the analysis, the preparation of th e Biological Assessment would also act to support CEQA findings and other potentially required state permits that may be necessary.
The above objectives have been developed in the current report but require more details, especially in the plans for avoidance and mitigation of impacts , for example, what areas would be put into a biological reserve, what management actions are needed to maintain biological values of the reserve area.
2. Start "informal consultation" with the USFWS to initiate co ntact and to determine what this agency will require in terms of information and mitigation of project impacts
3. Initiate consultation with the State Department of Fish and Wildlife (CDFW) to determine procedures and mitigation requirements for species of special concern and other state listed species through the Section 1603 Lake and Streambed Alteration Agreement process, under CEQA, as well as state and federally protected wetlands and possibly the State Endangered Species Act.
4. Prepare a CEQA Checklist and appropriate CEQA environmental document.
5. Coordinate with Regional Water Quality Control Board for a Section 401 permit.
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6. The following biological reports and studies, and other activities would likely be necessary, The wetlands area in the eastern portion of the site may be put into a conservation easement as a means to avoid biological impacts. Agencies may require the preparation of a management plan for the conservation easement area, along with a monitoring pla n to evaluate any management n e e d s o f t h e a r e a . C o s t s o f t h e m o n i t o r i n g p l a n , m a n a g e m e n t p lan, monitoring effort, and management activities are difficult to determine without furthe r information. An endowment fund may be required to supply the funds for future monitoring and maintenance over the years.
Table 1. Special Status Plants and Animals
Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
PLANTS
Amsinckia lunaris bent flowered
fiddleneck
-/-/1B Coastal bluff scrub,
woodland, grasslands.
(March - June)
Site is disturbed. Not observed
during blooming period. Unlikely
to be present.
Arctostaphylos pallida
pallid manzanita -/-/1B Chaparral, upland forest,
cismontane woodland
No chaparral habitat present
Unlikely to be present.
Astragalus tener var.
tener
alkali milkvetch SC/--/1B Playas, valley and foothill
grassland and vernal pools;
often on alkaline soils; elev.
1 - 60 m. ( Mar-June)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
Blepharizonia plumosa Big Tarplant -/-/1B Valley and foothill grassland (July - October)
Site is disturbed. Not observed
on site. Unlikely to be present.
California macrophylla round-leaved filaree -/-/2 Cismontane woodland, valley and foothill grassland
(March - May)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
Calochortus pulchellus
Mt. Diablo Fairy
Lantern
-/-/1B Chaparral, cismontane
woodland, riparian
woodland; elev. 30-840 m
(April - June)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
Calystegia purpurata
ssp. saxicola
coastal bluff morning-
glory
-/-/1B Coastal dunes, coastal scrub
(May - August)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Centromadia parryi
ssp. congdonii
Congdon's tarplant --/--/1B Coastal prairie, meadows
and seeps, marshes and
swamps (coastal salt),
grassland (vernally mesic
and often alkaline); (May-
Nov)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
Chloropyron
maritimum ssp.
palustre
Point Reyes salty
bird's beak
-/-/1B Coastal dunes, marshes,
and swamps (June-
October)
Required habitat not present on
site. Unlikely to occur.
Chloropyron molle
ssp. molle
Soft salty bird's beak E/R/1B Coastal saltmarsh (July-
November)
Typically in saltmarsh- habitat
not on site. Unlikely to occur.
Cicuta maculata var.
bolanderi
Berlandier's water-
hemlock
-/-/2B Coastal marshes and
swamps, fresh or brackish
(July- September)
Site is disturbed. Not observed
during blooming period.
Unlikely to be present.
Dirca occidentalis Western leatherwood -/-/1B Forest, riparian scrub( Not observed. Unlikely to be present.
Fritillaria liliacea Fragrant fritillary -/-/1B Coastal prairie, coastal scrub, grasslands (serpentine).
Heavy soil, open hills and
fields near coast (February -
April)
Disturbed grasslands not
suitable. Unlikely to be present.
Helianthella castanea Diablo Helianthella -/-/1B Shaded to protected grassy slopes and woodland and
scrub margins and openings.
(April - June)
Not observed. Unlikely to be
present.
Hoita strobilina Loma Prieta Hoita -/-/1B Chaparral, cismontane woodland, riparian
woodland; usually
serpentinite. (May -
October)
Required soil conditions not
present. Unlikely to be present.
Holocarpha
macradenia
Santa Cruz tarplant T/E/1B Coastal prairie, coastal
scrub, valley and foothill
grasslands (June - October)
Not observed. Unlikely to be
present.
Isocoma arguta Carquinez Golden
bush
-/-/1B Valley and foothill grassland
(alkaline) (August -
December)
Undocumented in Contra Costa
County. Habitat not suitable.
Unlikely to be present.
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Lasthenia conjugens Contra Costa
Goldfields
--/--/1B.1 Valley vernal pools and
other wetlands
habitat not suitable. Unlikely to
be present
Lathyrus jepsonii var.
jepsonii
Delta Tule Pea SC/--/1B.2 Marshes and swamps
(freshwater and brackish);
(May-September); elevation
range 0 - 4 m.
Habitat not present. Not likely
to be present.
Lilaeopsis masonii Mason's Liliaeopsis SC/R/1B Marshes, rivers and swamps (brackish or freshwater),
riparian scrub; (April -
November; elevation ran
ge 0
- 10 m.
Suitable habitat not present.
Unlikely to be present.
Polygonum marinense Marin Knotweed SLC/--/3 Marshes and swamps (coastal salt or brackish);
(April -October); elevation
range 0 - 10 m.
Suitable habitat not present.
Unlikely to occur.
Symphotrichum lentus Suisun Marsh aster SC/--/1B Marshes and swamps (brackish and freshwater);
(May - November); elevation
range 0 3 m
Suitable habitat not present.
Unlikely to occur.
Trifolium
depauperatum var.
hydrophilum
saline clover SC/--/1B Marshes and swamps, valley
and foothill grassland (mesic,
alkaline), vernal pools;
blooms (April-June);
elevation range 0 - 300 m.
Suitable habitat not present.
Unlikely to occur.
INVERTEBRATES
Danaus plexippus Monarch butterfly -/-/ Winter colonial roosts located in shelter of trees
Colony not known from site-
suitable trees not present.
Unlikely to overwinter
Helminthoglypta
nickliniana bridgesi
Bridge's coast range
shoulderband snail
-/SSC Found under logs in
grassland.
Limited rocks and logs. Low
potential to be present
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Microcina leei Lee's microblind
harvestman
-/-/ Dry, rocky areas, often
sandstone
Rocky areas not present.
Unlikely to be present
Speyeria callippe
callippe
Callippe silverspot
butterfly
e/- Northern coastal scrub
ihabitat, host is Viola
pedunculata
Host plant not present. Unlikely
inhabitant
AMPHIBIANS AND
REPTILES
Actinemys marmorata
marmorata
Northwestern pond
turtle
SC/SSC/ Inhabits a variety of aquatic
habitats with nearly
permanent water. Requires
basking sites.
High potential to occur.
Known to occur in nearby
Rodeo Creek
Masticphis lateralis
euryxanthus
Alameda whipsnake T/T Mainly chaparral and scrub
habitats
Site is isolated and adjacent
habitat fragmented by roads
and development. Not within
geographic distribution Unlikel
y
to be present
Rana draytonii California red-legged
frog
T/SSC In or near permanent water.
Usually over 2.5 ft deep for
breeding
Documented along Refugio
Creek on the project site and in
nearby Rodeo Creek. Likel
y to
be present
Birds
Accipiter cooperii Cooper's hawk -/SSC Open woodland, riparian trees
Moderate potential to be
present
Agelaius tricolor Tricolor blackbird -/SSC Colonial nesting in lowland wetlands
No colony was observed.
Unlikely to be present
Aquila chrysaetos Golden eagle BCC
SSC
FP
Nests on cliff-walled canyons
and large trees in open areas.
Potential foraging but unlikely to
nest on the site because of
nearby human activities and
traffic.
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Ardea herodias Great blue heron -/-/ Colonial nester in tall trees bear marshes
No colonies known at the site.
May forage in marsh but
unlikely to be found nesting.
Athene cunicularia
hypugaea
Western burrowing
owl
-/SSC/
BSCC
Inhabits open, grasslands
and scrublands with low-
growing vegetation.
Subterranean nester needs
burrowing mammals.
No potential burrows, Weedy
areas not suitable. Not known
in all of western Contra Costa
Count
y. Unlikely to be present.
Circus cyaneus Northern harrier
-/SSC
BSSC 3
Salt and freshwater marsh.
nests on ground in
grassland. Sensitive to
human activity
Habitat size limited. Potential
foraging, low potential for
nesting
Dendroica petechia
brewsteri
Yellow warbler SSC
Nests in riparian trees
No known observations in area;
but potential habitat on site.
Moderate potential to nest on
site.
Egretta thula
Snowy egret -/- Colonial nester, associated
with dense tules
No known rookery sites (Glover
2009). Unlikely to be nesting;
may forage
Elanus leucurus White-tailed kite /SSC/FP Nests in dense oak, willow, or other tree stands near
open grassland meadows,
farmlands, and emergent
wetlands.
Known to nest nearby. Project
area has suitable foraging and
nesting habitat. Moderate
potential to be present
Falco peregrinus
anatum
American peregrine
falcon
-/SSC
FP
Near wetlands, lakes, rivers,
nests on cliffs and tall
buildings
Usually require isolation from
human activities. Not likely to
nest on site.
Geothlypis trichas
sinuosa
Saltmarsh common
yellowthroat (=San
Francisco) common
yellowthroat
/SSC/--
BSCC 3
Mainly saltwater marshes
with thick continuous cover
to water surface and willows
for nesting.
Habitat value low. Unlikely to
nest on the site.
Laterallus jamaicensis
coturniculus
California black rail --/T/FP Saltwater, brackish, and
freshwater marshes. Requ.
dense pickleweed.
Project area does not have
suitable habitat. Unlikel
y to nest
on the site.
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Melospiza melodia
maxillaris
Suisun song sparrow -/SSC Brackish water marshes This subspecies not present on site. Unlikely to be present
Melospiza melodia
pusillula
Alameda song
sparrow
-/FP/SSC
BSSC
Salt marshes of northern
Alameda County
Unsuitable habitat on site. This
subspecies not present on site.
Unlikely to be present
Melospiza melodia
samuelis
San Pablo song
sparrow
-/FP/SSC
BSSC
Salt marshes of northern
San Pablo Bay
This subspecies not present on
site. Unlikely to be present
Nycticorax nycticorax Black crowned night
heron
-/SSC Colonial nester, usually in
trees
No nesting activity observed.
Site may be used for foraging.
Unlikely nesting site
Pandion haliaetus Osprey -/SSC, FP, WL Large streams, lakes , ocean shore
Project area does not have
suitable habitat. Unlikely to nest
on the site.
Rallus longirostris
obsoletus
California clapper rail E/E/-FP Restricted to salt marshes and tidal sloughs; usually
associated with heavy
growth of pickleweed;
Project area does not have
suitable habitat. Unlikel
y to nest
on the site
Xanthocephalus
xanthocephalus
yellow headed
blackbird
-/SSC
BSSC
Nests in freshwater
marshland with dense
vegetation and deep water
Habitat is not suitable. Unlikely
to be present
MAMMALS
Antrozous pallidus Pallid Bat -/SSC Deserts, grasslands with rocky areas
Habitat is not suitable. Unlikely
to be present
Lasionycteris
noctivagans
silver haired bat -/-/ Forest habitats Habitat is not suitable. Unlikely to be present
Lasiurus cinereus
hoary bat -/- Habitat mosaics including
trees
Limited habitat. Unlikely to be
present
Microtus californicus
sanpabloensis
San Pablo Vole
-/-/ Saltmarshes of San Pablo
Creek
Suitable habitat not present.
Unlikely to be present
Neotoma fuscipes
annectans
Dusky-footed woodrat -/SSC Riparian woodlands, poison
oak scrub
Suitable habitat present. No
stick houses observed.
Moderate potential to be
present.
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Scientific Name Common Name Fed/State/CNPS
Status Preferred Habitat
(blooming period)
Likelihood of Occurrence
in the Project Area
Nyctinomops macrotis free-tailed bat -/-/ Low lying arid areas Habitat unsuitable. Unlikely to be present
Reithrodontomys
raviventris
Salt marsh harvest
mouse
E/E/-- Salt marshes with a dense
plant cover of pickleweed
and fat hen adjacent to an
upland site.
Project area does not have
suitable habitat. Unlikely to be
present on the site
Sorex ornatus sinuosus Suisun shrew -/SSC Tidal marshes of N San Pablo and Suisun Bays
Distribution outside of project
site. Habitat unsuitable.
Unlikely to be present
Sorex vagrans
halicoetes
salt marsh wandering
shrew
-/SSC Salt marshes Limited distribution. Unlikely to
be present
Taxidea taxus Badger --/SSC/-- Sandy uplands with supply of rodents
Project area does not have
suitable habitat. Unlikely to be
present.
STATUS KEY:
FE: Federally Endangered CNPS List 1B: Rare and endangered in California and elsewhere FT: Federally Threatened CNPS List 2: Rare in California, more common elsewhere BCC: Bird of Conservation Concern CNPS List 3: Species about which More Information is Needed BSSC: Bird Species of Special Concern (Shuford and Gardali 2008) Levels 1-3, lowest to highest priority CE: California Endangered CNPS List 4: Watch List
CT: California Threatened
CSC: California Species of Special Concern
FP State Fully Protected
WL State Watch List
Bold = likelihood of occurrence is moderate or high
7.0 References
California Dept. of Fish and Wildlife. 2011. Special Animals List. Biogeographic Data Branch, California Natural Diversity Data Base.
City of Hercules, 2013. The Franklin Canyon/Fernandez Ranch Project Initial Study and Mitigated Negative Declaration.
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. 131 pp.
Fellers, G.M. and P.M. Kleeman. 2007. California red‐legged frogs (Rana draytonii) movement and habitat use: implications for conservation. Journal of Herpetology 41: 276‐286.
- 30 -
U.S. Fish and Wildlife Service. 2002. Draft Recovery Plan for Chaparral and Scrub Community Species East of San Francisco Bay, California. Region 1, Portland, OR. xvi + 306 pp
Glover, S. 2009. Breeding bird atlas of Contra Costa County. Mount Diablo Audubon Society. 260 pp
Hickman, J.C. 1993. The Jepson Manual: Higher Plants of California. University of California Press, Berkeley, California. 1400 pp.
Jennings, M.R. and M.P. Hayes, 1994. Amphibian and reptile Speci e s o f S p e c i a l C o n c e r n i n California. Rancho Cordova, CA: California Department of Fish and Game, Inland Fisheries Division
Jones, Tony. 2020. Wetlands Delineation, Hercules Project
Linsdale, J. M., and L. P. Tevis, Jr. 1951. The dusky‐footed woodrat. Univ. California Press, Berkeley. 664pp.
Papineau, M. 2014. Environmental Site Analysis for Willow Avenue project
Rathbun, G.B., Siepel, N, and D. Holland. 1992. Nesting behavior and movements of western pond turtles Clemmys marmorata. Southwestern Naturalist 37: 319‐324.
Rathbun, G.B., N.J. Scott, and T.G. Murphy. 2002. Terrestrial habitat use by Pacific pond turtles in a Mediterranean climate. Southwestern Naturalist 47 (2):225‐235.
Restoration Design Group 2006. Fernandez Ranch Project Biological Report Sawyer, J. and T. Keeler‐Wolf. 1995. A Manual of California Vegetation. California Native Plant Society, Sacramento. 471 pp.
Shuford, W.D>and Gardali,T., editors. 2008. California Bird Species of Special Concern. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California a nd California Dept. of Fish and Game, Sacramento
Skinner, M.W. and B.M. Pavlik. 2004. Electronic inventory of rare and endangered vascular plants of California. Sixth ed. update. California Native Plant Society, Sacramento, California.
Stebbins, R. C. and S.M. McGi nnis. 2012. Amphibians and Reptil es of California. Berkeley. University of California Press.
Swaim, K. E. 1994. Aspects of the ecology of the Alameda whipsnake (Masticophis lateralis euryxanthus).
Master's Thesis, California State University, Hayward, CA. 140 pp.
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Tatarian, P.J. 2008. Movement patterns of California red‐legged frogs (Rana draytonii) in an inland California environment. Herpetological Conservation and Biology 3(2):155‐169.
U.S. Fish and Wildlife Service (USFWS). 2000. Final Determination of Critical Habitat for the Alameda Whipsnake (Masticophis lateralis euryxanthus). Federal Register Vol. 65(192) 50CFRPart 17.
U.S. Fish and Wildlife Service (USFWS). 2002. Draft Recovery Plan for Chaparral and Scrub Community Species East of San Francisco Bay. Region 1, U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service (USFWS). 2006. Endangered and T hreatened Wildlife and Plants; designation of Critical Habitat for the Alameda Whipsnake. Fede ral Register Vol. 71(190) 50CFR Part 17.
Zeiner, D.C.,W.F. Laudenslayer, Jr., K.E. Mayer, and M. White, eds. 1988‐1990. California's Wildlife. Vol. I‐III. California Depart. of Fish and Game, Sacramento, California.
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8.0 Qualifications of the Author
Michael Marangio is a biological consultant with over 35 years of experience. He has extensive specialized knowledge in the area of endangered species surveys , management plans, and compliance monitoring, especially for special status amphibians and reptiles. He has a Masters degree in zoology from Rutgers University where he specialized in herpetological studies. He also has a Masters of Landscape Architecture from University of Cali fornia, Berkeley, with a specialization in environmental planning. Michael has federal 10(a)(1)(A) recovery permits for research and surveys for the California tiger salamander ( Ambystoma californiense) and Santa Cruz long‐toed salamander (Ambystoma macrodactylum croceum). He is also experienced in conducting surveys for California red‐legged frog (Rana draytonii).