8080 N. Palm Ave., Suite 205 ● Fresno, CA 93711 ● Ph: 559.476.3160 ● harveyecology.com
February 9, 2023
Peter F. Ziblatt
Principal Attorney
Pelosi Ziblatt Law Group
244 Kearny Street, 9th Floor
San Francisco, CA, 94108
Subject: Maracor Development Conditional Use Permit No. 2022-23: Fox Survey Assessment
Dear Mr. Ziblatt:
On February 9, 2023, H. T. Harvey & Associates s urveyed the approximately 10.8-acre parcel proposed for a 292-unit multi-family residential development located on the southwest corner of East K Avenue and South Ben Maddox Way (APNs: 126-750-050 & 126-750-051) in Visalia, California. Marianne Huizing, a qualified H. T.
Harvey & Associates wildlife ecologist with extensive experience with mammals of the San Joaquin Va lley, including foxes, performed a biological survey of the proposed development site. The ecologist walked transects spaced approximately 30 meters (100 feet) apart traveling east to west, and inspected California ground squirrel (Otospermophilus beecheyi) burrows, large mounds of soil and/or spoil piles of dirt and other debris that could potentially be used by foxes. The survey approach provided full visual coverage of the proposed development site for assessing habitat composition and species presence.
The site is level, other than one area near the center of the site that appears to have been excavated as there is a large mound of soil near a lower area with spoils of dirt and other debris (i.e. , concrete). The entire site is disced annually and at the time of the survey vegetation consisted primarily of dense nonnative annual grass.
The nonnative annual grassland conditions potentially provides habitat for common, rural and urban-adapted wildlife species, such as ground-foraging and -nesting birds, Botta’s pocket gophers (Thomomys bottae), desert cottontail (Sylvilagus audobonii), and California ground squirrels. No evidence of foxes denning on the site was observed. Conditions on the adjacent property unrelated to the proposed development where denning by non- native red fox (Vulpes vulpes) was documented in the appeal letter submitted on January 18, 2023 by Mike Smith have changed. The structure on the adjacent property depicted in the appeal letter has been removed and the area scraped; no structures or photos in the appeal were on proposed development site.
Wildlife and wildlife sign observed at the site included limited sign of Botta’s pocket gopher and California ground squirrel, and a gray fox (Urocyon cinereoargenteus). During the survey, a resident who had stopped to talk, observed the fox as he drove off. He photographed the fox as it climbed the fence of a residential home and presented the photograph to Ms. Huizing who confirmed the species as a gray fox . Gray foxes are somewhat smaller than red foxes, and although both foxes have long bushy tails, unlike red foxes, which have a white 2 H. T. Harvey & Associates
tipped tail, gray foxes have a distinctly black tipped tail with a black stipe on the dorsal side of the tail. The overall coloration of gray foxes consists of a silvery gray with red coloration at the back of the ears, along the neck line, legs, and ventral side.
In conclusion, fox dens are currently absent from the proposed development site. Fox species capable of using the proposed development site in its current condition include grey fox and non-native red fox. Both the non- native red fox and the gray fox are common species and are not affor ded protection under the federal Endangered Species Act or the California Endangered Species Act. The locality and habitat conditions of the proposed development site is unsuitable for the Sierra Nevada red fox (Vulpes vulpes necator).
If you have any questions regarding the survey results or determinations, I can be reached at 559.930.2415 (cell) or by email at [email protected].
Sincerely,
Brian B. Boroski, Ph.D.
Certified Wildlife Biologist
Vice President