4.10 - City of Chowchilla
Transcription
4.10 - City of Chowchilla
4.10 BIOLOGICAL RESOURCES 4.10 BIOLOGICAL RESOURCES This section discusses and analyzes biological resources in the City of Chowchilla General Plan Planning Area and the Rancho Calera Specific Plan. The purpose of this section is to describe onsite vegetation communities, including sensitive habitats and communities, and assess the potential for occurrence of special-status plant and wildlife species within the Planning Area. This section also evaluates potential impacts to biological resources associated with the proposed land use designations of the General Plan Update. The information provided in this section is based primarily on a review of database search results pertaining to natural resources within the Planning Area and on field investigations. 4.10.1 Existing Setting 4.10.1.1 Regional Setting The City of Chowchilla is located in the northern San Joaquin Valley. Bounded on the east by the Sierra Nevada foothills and on the west by the Coast Ranges, the landscape of Chowchilla is relatively flat, consisting of basins, plains, terraces, alluvial fans, and scattered hills or buttes. The predominant landscape feature of the valley is a wide variety of agricultural croplands. The San Joaquin Valley is intensely farmed and produces over 250 crops shipped to worldwide markets. The productivity of the valley is made possible through irrigation water supplied by a network of delivery canals and reservoirs. In recent years the valley has experienced tremendous urban growth, which has created additional pressures on dwindling habitat resources. The San Joaquin Valley once supported a variety of vegetation communities and habitats including wide alkali scrubs, annual and perennial grasslands, marshes, and riparian forests. Much of the natural habitat of the valley now persists as fragments due to agricultural and other development. 4.10.1.2 Local Setting Prior to development, the natural vegetation within the vicinity of the City of Chowchilla was characterized by vast stretches of savanna traversed by the riparian stands of the Chowchilla River. The range of natural vegetation communities has been significantly reduced from historic levels as a result of conversion of these lands to urban and agricultural uses. Only scant disturbed remnants of these natural communities remain within the Planning Area. Agricultural and suburban development has nearly eliminated most historic natural communities. Nonetheless, riparian habitats persist within the Planning Area, especially within the Ash and Berenda Slough corridors. These habitats are considered sensitive by the California Department of Fish Game (CDFG) and have the potential to contain special-status species. Riparian habitat is found along the Ash and Berenda Slough, which are within the Planning Area, and the Chowchilla River, which is mostly outside of the Planning Area and forms the northern boundary of the Sphere of Influence, as well as some of the smaller canals and drainages within the Planning Area. Reconnaissance-level surveys identified additional areas where these sensitive resources could occur. General Plan Update 2040 Draft Environmental Impact Report 4.10-1 City of Chowchilla 4.10 BIOLOGICAL RESOURCES The Planning Area’s summers are hot and dry while winters are mild. Precipitation is highly variable from year to year; City of Chowchilla rainfall averages 11.32 inches per year (Western Regional Climate Center 2008). Mean annual temperature is about 59 to 62 degrees Fahrenheit. The mean freeze-free period is about 250 to 300 days. Most annual grasses and forbs, which sprout after the first winter rains, flower and set seed during the spring and are dead by the onset of the hot dry summer. Biotic and Wildlife Habitats Agricultural land with associated irrigation/drainage ditches/ponds is the primary land use within the Planning Area. The only natural biotic habitat of substantial size within the Planning Area is the riparian scrub and aquatic habitat associated with Ash and Berenda Sloughs. There may be small, isolated patches of other natural habitats such as non-native grassland or seasonal wetland (such as vernal pools); however, at the level of effort put forth for this study, none were identified. Additional areas of sensitive habitat or areas where special-status species may occur could be identified during subsequent project-level analysis. Within the existing City limits of the City of Chowchilla, the primarily land use is urban. Figure 4.10 - 1 is an aerial photograph identifying the Planning Area along with the focus areas and special areas of interest. Figure 4.10 - 1 Chowchilla Study Area General Plan Update 2040 Draft Environmental Impact Report 4.10-2 City of Chowchilla 4.10 BIOLOGICAL RESOURCES This photograph clearly depicts the location of the sloughs and the surrounding agricultural and developed habitats. A list of vascular plants observed during the field surveys has been provided in Appendix A of Appendix 4-10A found in Volume 2 of this EIR. A list of terrestrial vertebrates and invertebrates using, or potentially using, the Planning Area has been provided in Appendix B of Appendix 4-10A found in Volume 2 of this EIR. Riparian Scrub and Aquatic Habitat Ash and Berenda Sloughs flow through the Planning Area, ( Figure 4.10 - 2 and Table 4.10 - 1). These two waterways flow in a southwesterly direction, and eventually empty into the San Joaquin River. The bed and banks of Ash and Berenda Sloughs are vegetated with patchy riparian scrub vegetation, with scattered riparian trees. The sloughs themselves consist primarily of broad, barren, sandy washes that remain dry much of the year. It appears that substantial flows occur in the sloughs during large winter storm events or in very wet winters, but these flows are believed to be of relatively short duration. However, Berenda Reservoir, located in the northeastern corner of the Planning Area, remains inundated all or much of the year due to a dam or levee that was constructed along Berenda Slough years ago. The Chowchilla Water District and U.S. Army Corps of Engineers currently controls Berenda Reservoir. Figure 4.10 - 2 Chowchilla 2040 General Plan Boundaries General Plan Update 2040 Draft Environmental Impact Report 4.10-3 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Additionally, a small stretch of Berenda Slough west of the Reservoir's spill-point remains inundated for a longer period of time, which is evident by the presence of emergent vegetation. The stretch of the slough that is characterized by more typical wetland features is nonetheless limited, as the water percolates into the soil before entering the central portion of the Planning Area. Table 4.10 - 1 Slough Locations within the 2040 General Plan Area/Slough Planning Area Extent of Occurrence Flows southwesterly in the northern portion of the Planning Area Flows southwesterly in the southern portion of the Planning Area Located immediately south of the slough Absent Absent The proposed crossing would be located over the slough Flows adjacent to the proposed area Absent Absent Dammed portion of slough Ash Berenda Highway 99/SR 233 Ave. 24/Berenda Crossing Location Ash Slough Proposed Wastewater Treatment Plant Location Berenda Reservoir Berenda Ash Berenda Ash Berenda Ash Berenda Seasonal flows of Ash and Berenda Sloughs are sufficient to support riparian shrubs and trees along the bed and banks. Some of the more scrubby species included small red willows (Salix laevigata), Oregon ash (Fraxinus latifolia), California walnut (Juglans californica ssp. hindsii), and Mexican elder (Sambucus mexicana). Widely scattered Fremont's cottonwoods (Populusfremontii) provided the only real tree cover. The herbaceous understory included a mix of non-native grass and forb species of European decent. Riparian scrub associated with Ash and Berenda Sloughs provides habitat of considerably higher value to terrestrial vertebrate species than do the agricultural and developed lands occurring on the remainder of the Planning Area. While the riparian vegetation is in places quite sparse, the presence of patchy vegetation that includes multiple canopy layers ensures that this habitat will be used by a large variety of resident and migratory species. Due to the unpredictability and short duration of flows in its channel, Ash and Berenda Sloughs likely provide limited habitat for amphibians, with the exception of the stretch of Berenda Slough near Berenda Reservoir and the reservoir itself. Berenda Slough habitat in and around the reservoir provides for common amphibian species such as bullfrogs (Rana catesbeiana), Pacific chorus frogs (Pseudacris regilla), and western toads (Bufo boreas). Reptilian species expected to occur throughout both Ash and Berenda Sloughs includes at least one native species of lizard, the western whiptail (Cnemidophorus tigris), and several species of snake, including coachwhips General Plan Update 2040 Draft Environmental Impact Report 4.10-4 City of Chowchilla 4.10 BIOLOGICAL RESOURCES (Masticophus flagellum), glossy snakes (Arizona elegans), gopher snakes (Pituophis melanoleucus), and common kingsnakes (Lampropeltis getulus). The riparian vegetation of the slough provides considerable habitat for a diversity of avian species. Taller shrubs and trees provide roosting and possibly nesting habitat for various resident species. Such species included acorn woodpeckers (Melanerpes formicivorus), Nuttall's woodpeckers (Picoides nuttallii), western scrub jays (Aphelocoma californica), yellow-billed magpies (Pica nuttalliz), and red-tailed hawks (Buteo jamaicensis). Barn owls (Tyto alba) and great homed owls (Bubo virginianus) will be likely residents of this riparian vegetation given the large expanse of suitable foraging habitat in the agricultural lands of the Planning Area. Vegetation in the sloughs will provide important cover for many migrant species moving north from Mexico and Central America during the spring or moving south from the Pacific Northwest and Canada during the fall. Riparian scrub may be used as nesting habitat by spring migrants such as ash-throated flycatchers (Myiarchus cinerascens), house wrens (Troglodytes aedon), and Bullock's orioles (Icterus buliockiI). It also provides cover and foraging habitat for wintering species such as white-crowned sparrows (Zonotrichia leucophrys), golden-crowned sparrows (Zonotrichia atricapilla), and dark-eyed juncos (Junco hyemalis). Ash and Berenda Sloughs provides habitat for many of the same mammal species, however habitat is not preferable due to the limited vegetative cover. Species expected to frequent the sloughs include Californla ground squirrels (Spermophilus beecheyi), Botta's pocket gophers (Thomomys bottae), deer mice (Peromyscus maniculatus), California voles (Microtus califomicus), desert cottontails (Sylvilagus audubonii), blacktailed jackrabbits (Lepus califomicus), Virginia opossums (Didelphis virginiana), striped and spotted skunks (Mephitis mephitis and Spilogale gracilis respectively), and raccoons (Procyon lotor). Coyotes (Canis latrans), gray foxes (Urocyon cinereoargenteus), and the introduced eastern red fox (Vulpes vulpes) will all occur along the sloughs at a lesser extent. Agricultural Lands Similar to most Central Valley Cities, a majority of the Planning Area located outside of the existing City Limits consists of agricultural lands. The three focus areas and four special areas of interest are also comprised or closely associated with agriculture themselves and the scattered rodent populations and their burrows provide suitable habitat for the western whiptail, coachwhips, gopher snakes, and common kingsnakes. Several avian species frequently visit agricultural lands. Some of the resident species expected to occur on a regular basis within the agricultural lands include killdeer (Charadrius vociferous), mourning doves (Zenaida macroura), American crows (Corvus brachyrhynchos), and western meadowlarks (Sturnella neglecta). Raptor species resident to the Chowchilla area include red-tailed hawks, white-tailed kites (Elanus caeruleus), northern harriers (Circus cyaneus), red-shouldered hawks (Buteo lineatus), and American kestrels (Falco sparverius). Winter visitors to the site could include ferruginous hawks (Buteo regalis), merlins (Falco columbarius), and mountain bluebirds General Plan Update 2040 Draft Environmental Impact Report 4.10-5 City of Chowchilla 4.10 BIOLOGICAL RESOURCES (Sialia currucoides). verticalis). Summer visitors will include western kingbirds (Tyrannus Small mammals occur in agricultural lands such as those within the Planning Area, but populations will be highly variable depending on the condition of the fields/pastures. Freshly plowed or cultivated fields barren of vegetation provide little cover for most terrestrial vertebrates. California ground squirrels and Botta's pocket gophers are common residents of agricultural habitat. Deer mice, California voles, desert cottontails, and black-tailed jackrabbits may also occur within this habitat, but in lower numbers. Not only do the small mammals inhabiting the site attract predators such as snakes and raptors described above, but larger mammals as well. Gray foxes and coyotes move through the site from time to time and predate on the smaller mammal species. Developed Land The biotic resources of the developed areas are extremely restricted due to their lack of naturally occurring biotic habitats and continual use and disturbance by humans. The majority of the vegetation in these areas consists of landscaped, ornamental species. Commonly planted ornamental species include nandina (Nandina domestica), Indian hawthorne (Raphiolepis indica), and oleander (Nerium oleander). For the most part, wildlife species will only occur within the developed portion of the Planning Area as infrequent visitors. Avian species adapted to developed areas that could occur more frequently include American crows, western scrub jays, American robins (Turdus migratorius), European starlings (Sturnus vulgaris), house finches (Carpodacus me.xicanus), and Brewer's blackbirds (Euphagus cyanocephalus). Mammals species commonly associated with developed areas include the house mouse (Mus musculus), Norway rat (Rattus norvegicus), raccoon, opossum (Didelphis virginiana), feral house cats (Felis catus), and domestic dog (Canis familiaris) . 4.10.1.3 Special Status Plants and Animals Several species of plants and animals within the state of California have low populations, limited distributions, or the combination of the two. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. These Species are described more fully in Table 4.10 - 2 and Table 4.10 - 3. A number of special status plants and animals occur in the vicinity of the study area; their locations are shown in Figure 4.10 - 3 and Figure 4.10 - 4. These species, and their potential to occur in the study area, are listed in Table 4 on the following pages. Sources of information for this table included California's Wildlife, Volumes I, II, and 111 (Zeiner et. al 1988), California Natural Diversity Data Base (CDFG 2005), Endangered and Threatened Wildlife and Plants (USFWS 2005), Annual Report on the Status of California State Listed Threatened and Endangered Animals and Plants (CDFG 2005), and The California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001). General Plan Update 2040 Draft Environmental Impact Report 4.10-6 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Table 4.10 - 2 Special-status Plant Species Potentially Occurring Within 20 Miles of the Planning Area Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Status Habitat Occurrence in Planning Area Colusa Grass (Neostapfia colusana) Species FT, CE, CNPS 1B Occurs in adobe soils in large or deep vernal pool bottoms. San Joaquin Valley Orcutt Grass (Orcuttia inaegualis) FT, CE, CNPS 1B Occurs in vernal pools. Endemic to the San Joaquin Valley. Hairy Orcutt Grass (Orcuttia pilosa) FE, CE, CNPS 1B Occurs in vernal pools. Endemic to the Sacramento Valley. Greene's Tuctoria (Tuctoria greenei) FE, CR, CNPS 1B Occurs in dry bottoms of vernal pools in open valley and foothill grasslands. Succulent Owl's-Clover (Castilleja campestris ssp. succulenta) FE, CE Occurs in vernal pools. Endemic to the San Joaquin Valley. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the GP Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Other Special Status Plants Listed by CNPS Species Heartscale (Atnplex cordulata) Status CNPS 1B Habitat Occurs in alkaline flats and scalds in chenopod scrub valley and foothill grassland, and meadows of the Central Valley. General Plan Update 2040 Draft Environmental Impact Report 4.10-7 Occurrence in Planning Area Possible. It is possible that small, isolated patches of suitable habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. City of Chowchilla 4.10 BIOLOGICAL RESOURCES Other Special Status Plants Listed by CNPS (Cont.) Species Status Brittlescale (Atriplex depressa) CNPS 1B Lesser Saltscale (Atripiex minuscule) CNPS 1B Vernal Pool Smallscale (Atriplex persistens) CNPS 1B Subtle Orache (Atriplex subtilis) CNPS 1B Hoover's Calycadenia (Calycadenia hooveri) CNPS 1B Beaked Clarkia (Clarkia rostrata) CNPS 1B Hispid Bird's Beak (Cordylanthus mollis ssp. hispidus) CNPS 1B Habitat Occurrence in Planning Area Occurs in alkali scalds or alkaline clay in chenopod scrub, meadows, playas, valley and foothill grassland, and vernal pools. Possible. It is possible that small, isolated patches of suitable habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in alkali sink and sandy Possible. It is possible that small, isolated alkaline soils in chenopod scrub, patches of suitable habitat may occur playas, valley and foothill grassland within the Planning Area. However, the of the San Joaquin Valley majority of the land in and around the City (historically). of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. This species was document in downtown Chowchilla in 1921. However, this population is assumed to have been eliminated due to habitat modification. Occurs in alkaline vernal pools. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within tile Planning Area. However, the majority of the land in and around tile City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in valley and foothill Possible. It is possible that small, isolated grasslands. patches of suitable habitat may occur within the Planning Area. However, the majority of the land in and around tile City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in rocky valley and foothill Possible. It is possible that small, isolated grasslands and in eismontane patches of suitable habitat may occur woodlands. within the Planning Area. However, tile majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in valley and foothill Possible. It is possible that small, isolated grasslands and cismontane patches of suitable habitat may occur woodlands. within the Planning Area; However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in damp alkaline soils, Possible. It is possible that small, isolated especially in alkaline meadows and patches of suitable habitat may occur alkali sinks with distichlis in within the Planning Area; However, the meadows, playas, valley and majority of the land in and around the City foothill grassland. of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. General Plan Update 2040 Draft Environmental Impact Report 4.10-8 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Other Special Status Plants Listed by CNPS (Cont.) Species Status Recurved Larkspur (Delphinium recurvatum) CNPS 1B Spiny-Sepaled ButtonCelery (Eryngium spinosepalum) CNPS 1B Pincuslnon Navarretia (Navarretla myersii ssp. myersii) CNPS 1B Shining Navarretia (Navarretia nigelliformis ssp. radians) CNPS 1B Merced Phacelia (Phacelia ciliata var. opaca) CNPS 1B Habitat Occurrence in Planning Area Occurs in alkaline valley and Possible. It is possible that small, isolated foothill grasslands, chenopod patches of suitable habitat may occur scrub, and cismontane woodlands. within the Planning Area, However, the majority of the land in and around tile City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in valley and foothill Possible. It is possible that small, isolated grassland and vernal pools. patches of suitable habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in vernal pool habitat. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Occurs in valley and foothill Possible. It is possible that small, isolated grasslands, vernal pools, and patches of suitable habitat may occur cismontane woodlands. within the Planning Area. However, the majority of tile land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring; biotic habitats. Occurs in adobe or clay soils of Possible. It is possible that small, isolated valley floors, open hills, or alkaline patches of suitable habitat may occur flats in valley and foothill grassland. within the Planning Area. However, the Endemic to Merced county. majority of the land in and around tile City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring; biotic habitats. *Present: Species observed on the site at time of field surveys or during recent past. Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis. Possible: Species not observed on the site, but it could occur there from time to time. Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient. Absent: Species not observed on the site, and precluded from occurring there because habitat requirements not met. Status Codes FE FT FPE FC CE CT CR CP CSC Federally Endangered Federally Threatened Federally Endangered (proposed) Federal Candidate California Endangered California Threatened California Rare California Protected California Species of Special Concern CNPS 1A 1B 2 3 4 California Native Plant Society Listing Plants Presumed Extinct in California Plants Rare, Threatened or Endangered in California and elsewhere Plants Rare, Threatened or Endangered in California, but common more elsewhere Plants about which we need more info Plants of limited distribution-watch list General Plan Update 2040 Draft Environmental Impact Report 4.10-9 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Table 4.10 - 3 Special-status Animal Species Potentially Occurring Within 20 Miles of the Planning Area Habitat Occurrence in Planning Area Conservancy Fairy Shrimp (Branchinecta conservatio) Species FE Endemic to vernal pools found in grasslands of tile northern two- thirds of the Central Valley. Thus species is most commonly associated with large turbid pools located in swales formed in old braided alluvium. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, tile majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Longhorn Fairy Shrimp (Branchinecta longiantenna) FE Vernal pools clear to turbid water in grass-bottomed pools and clear water sandstone depression pools. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within tile Planning Area. However, tile majority of tile land in and around tile City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Vernal Pool Fairy Shrimp (Branchinecta lynchi) FT Endemic to vernal pools found in the grasslands of the Central Valley, Central Coast Mountains and South Coast Mountains. This species occurs in rain· filled pools and even shallow depressions such as tire ruts. Vernal Pool Tadpole Shrimp (Lepidurus packardi) FE Inhabits deep vernal pools of unplowed grasslands in the Central Valley containing clear to highly turbid water. FT Lives in mature elderberry shrubs of California's Central Valley and Siena Foothills. FT, CSC Found primarily in annual grasslands. Requires vernal pools or other seasonal water sources for breeding and underground refuges especially ground squirrel burrows. Blunt-nosed Leopard Lizard (Gambelia sila) FE, CE, CP Giant Garter Snake (Thamnophis gigas) FT, CT Resident of sparsely vegetated alkali and dessert scrub habitats in areas of low topographic relief. Seeks cover in small mammal burrows, under shrubs and structures. Prefers freshwater marsh and low gradient streams supporting populations of mosquito fish and tadpoles of various sizes. Has adapted to drainage canals and irrigation ditches. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Likely. A number of mature elderberry plants occur within the riparian corridor of Ash and Berenda Sloughs. However, a species-specific survey for the VELB and their exit holes was not conducted. Until the completion of such a survey, the VELB must be presumed potentially present in the slough habitat of the Planning Area. Possible. It is possible that small, isolated patches of historical vernal pool habitat or existing suitable wetland habitat may occur within the Planning Area for this species. In fact, all individuals were observed within the Planning Area along White Rock Road in 1994. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating any naturally occurring biotic habitats. Unlikely. This Planning Area appears to be outside the range of this species. Ash and Berenda Sloughs provide marginal habitat for this species at best. Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) California Tiger Salamander (Ambystoma californiense) Status General Plan Update 2040 Draft Environmental Impact Report 4.10-10 Unlikely. The stretch of Berenda Slough adjacent to the Reservoir provides marginal habitat for this species due to the presence of emergent vegetation. However, this stretch of the Slough is isolated (i.e. dries quickly downstream and presence of a darn immediately upstream serving as a movement barrier) impeding movement to and from this area. Therefore, it would be unlikely that tile giant garter snake would occur within focus areas or special areas. City of Chowchilla 4.10 BIOLOGICAL RESOURCES Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act (Cont.) Species Status Habitat Giant Garter Snake (Thamnophis gigas) FT, CT Prefers freshwater marsh and low gradient streams supporting populations of mosquito fish and tadpoles of various sizes. Has adapted to drainage canals and irrigation ditches. Swainson's Hawk (Buteo swainsoni) CT Bald Eagle (Haliaeetus leucocephalus ) CE A summer migrant in grasslands and agricultural lands of California's Central Valley. Breeds in Junipersage flats, riparian areas and in oak savannahs. Ranges widely over tile state, most often associated with seacoast, lakes and reservoirs. American Peregrine Falcon (Falco peregrinus anatum) CE Greater Sandhill Crane (Grus canadensis tabida) CT Willow Flycatcher (Empidonax traillii) CE San Joaquin Kit Fox (Vulpes macrotis mutica) FE,CT Individuals breed on cliffs in tile Sierra Nevada or in coastal habitats. Occurs in many habitats of tile state during irrigation and winter. Winters primarily in the Sacramento and San Joaquin Valleys. Frequents annual and perennial grassland habitats, moist croplands with rice and corn stubble, and open emergent wetlands. Prefers treeless habitats where predators can be seen. Breeds in willows of montane meadows in tile Sierra Nevada. Frequents annual grasslands or grassy open stages with scattered shrubbery vegetation. Needs loosetextured sandy soils for burrowing and suitable prey base. May forage in adjacent agricultural habitats. State and Federal Species of Special Concern Species Status Habitat Western Spadefoot (Scaphoipus hammondii) CSC Found primarily in annual grassland habitats. Vernal pools are essential for breeding and egg-laying. Aestivates during the dry season in rodent burrows. Western Pond Turtle (Clemmys marmorata) CSC A thoroughly aquatic turtle of ponds, marshes, rivers, streams and irrigation ditches with aquatic vegetation. Needs basking sites and sandy banks or grassy open fields for egg-laying. General Plan Update 2040 Draft Environmental Impact Report 4.10-11 Occurrence in Planning Area Unlikely. The stretch of Berenda Slough adjacent to the Reservoir provides marginal habitat for this species due to the presence of emergent vegetation. However, this stretch of the Slough is isolated (i.e. dries quickly downstream and presence of a darn immediately upstream serving as a movement barrier) impeding movement to and from this area. Therefore, it would be unlikely that tile giant garter snake would occur within focus areas or special areas. Possible. Thee Planning Area provides suitable foraging habitat for this species. Possible nesting habitat is present in the riparian corridor of Ash and Berenda Sloughs. Absent. Habitat in which this species typically occurs is absent from the vicinity of Chowchilla. Possible. Individuals may forage within the Planning Area from time to time. However, breeding habitat is absent Possible. This species may winter in the agricultural habitats present within the Planning Area, in particular in areas where grain or corn is grown. Possible. Individuals may pass through the Planning Area during migration, seeking cover in the riparian vegetation of Ash and Berenda Sloughs. Nesting habitat is absent. Unlikely. The vast majority of the Planning Area has been manipulated for decades, primarily for agricultural purposes, and intensive agriculture lies between the Planning Area and the nearest sightings. Therefore it is not believed that kit fox would occur regular within tile Planning Area as it is unlikely that the relatively sparse kit fox population of Merced County disperses within the immediate vicinity of Chowchilla. Occurrence in Planning Area Possible. It is possible that small, isolated patches of historical vernal pool habitat may occur within the Planning Area. However, the majority of the land in and around the City of Chowchilla has been converted to agricultural land uses, eliminating all naturally occurring biotic habitats. Possible. Ash and Berenda Sloughs themselves do not provide suitable aquatic habitat for the western pond turtle due to the limited duration of flows. However, it is possible that individuals occur in and around Berenda Reservoir. City of Chowchilla 4.10 BIOLOGICAL RESOURCES State and Federal Species of Special Concern (Cont.) Species Status Habitat California Horned Lizard (Phrynosoma coronatum frontale) CSC Frequents a wide variety of habitats, most common in lowlands along sandy washes with scattered low shrubs. White-faced Ibis (Plegadis chihi) CSC Northern Harrier (Circus cyaneus) CSC Forages in croplands and pastures of California's Central Valley during the winter. Frequents flat or hummocky, open areas of all dense grasses, moist or dry shrubs and edges for nesting, cover and feeding. Sharp-shinned Hawk (Accipiter striatus) CSC Cooper's Hawk (Accipiter cooperil) CSC Ferruginous Hawk (Buteo regalis) CSC Golden Eagle (Aquila chrysaetos) CSC,CP Merlin (Falco columbarius) CSC Prairie Falcon (Falco mexicanus) CSC Mountain Plover (Charadrius montanus) CSC Vaux' s Swift (Chaetura vauxi) CSC Califolnia Horned Lark (Eremophila alpestris actia) CSC Loggerhead Shrike (Lanius ludovicianus) CSC Tri-colored Blackbird (Agelaius tricolor) CSC Frequents a variety of winter habitats of the state. Breeds in the mixed conifer forests of the northern Sierra Nevada. Winters in a variety of lowland habitats. Often uses patchy woodlands and edges with snags for perching. Stands with moderate crown-depths used for nesting Breeds in the Pacific Northwest and Canada. Winters in a variety of California habitats, including grasslands, savannahs, and wetlands. Frequents rolling foothill or coast range terrain where grassland turns to scattered oak, sycamores or large digger pines. Cliff-walled canyons provide nesting habitat as well as large trees in open areas. Breeds in Canada; winters in a variety of open habitats at low elevation near water and tree stands; favors coast-lines, lakeshores and wetlands. Frequents dry open terrain. Breeding sites are located on cliffs. Occurrence in Planning Area Possible. Ash and Berenda Sloughs provide suitable habitat for the California homed lizard. However, past agricultural practices that include possible deep ripping and annual discing have almost certainly eliminated any California coast homed lizards from the remainder of the Planning Area. Unlikely. This species is rarely seen on the east side of the San Joaquin Valley or in the Sierra foothills. Possible. This species, which is common to agricultural habitats of the San Joaquin Valley, may forage within the Planning Area from time to time. Breeding habitat is marginal along Ash and Berenda Sloughs. Possible. This species may forage within Planning Area from time to time during the winter. Breeding habitat is absent. Possible. This species may forage within the Planning Area. Breeding habitat is also present within the riparian habitat along Ash and Berenda Sloughs. Possible. This species may forage within Planning Area from time to time during the winter. Breeding habitat is absent. Possible. Golden eagles would at most forage within the Planning Area. This species is more often observed in rangeland 10-15 miles east of the City of Chowchilla. Possible. This species may forage within Planning Area from time to time during the winter. Breeding habitat is absent. Possible. This species may forage within Planning Area from time to time during the winter. Breeding habitat is absent. Possible. This species may winter in the agricultural habitats present within the Planning Area, in particular in areas where grain or corn is grown. Wintering birds frequent short grass plains, low rolling grassy hills, freshly plowed fields, newly sprouting grain fields and areas with burrowing rodents. Migrants and transients move Possible. This species may forage within through the foothills of the western Planning Area from time to time during tile Sierra in spring and late summer. winter. Breeding habitat is absent. Some individuals breed in the region. Frequents a variety of open habitats Possible. Suitable breeding and foraging where trees and shrubs are absent. habitat is present within the GP Area for this Breeds in grassland and fallow fields. species. Grasslands and agricultural areas of Likely. This species may nest in the riparian California's Central Valley. vegetation of Ash and Berenda Sloughs and forage in the remaining open habitats of the GP Area. Highly colonial species that is most Possible. Tile upland habitat of the Planning numerous in the Central Valley; Area provides suitable foraging habitat for this requires tall emergent vegetation of species. The areas in and around Berenda freshwater marsh for nesting. Reservoir supporting emergent vegetation Forages on grassland and provide suitable nesting habitat. agricultural lands. General Plan Update 2040 Draft Environmental Impact Report 4.10-12 City of Chowchilla 4.10 BIOLOGICAL RESOURCES State and Federal Species of Special Concern (Cont.) Species Status Habitat Yellow Warbler (Dendroica petechia brewster) CSC Yuma Myotis (Myotis yumanensis) CSC Spotted Bat (Euderma maculatum) CSC Townsend's Western Bigeared Bat (Corynorhinus townsendii townsendii) CSC Spotted Bat (Euderma maculatum) CSC Spotted Bat (Euderma maculatum) CSC Townsend's Western Big-eared Bat (Corynorhinus townsendii townsendii) CSC Pallid Bat (Antrozous pallida) CSC Western Mastiff Bat (Eumops perotis) American Badger (Taxidea taxus) Occurrence in Planning Area Thus species breeds in riparian thickets of alder, willow and cottonwoods. Migrants move through many habitats of the state. Forages over rivers and creeks, open forests and woodlands are optimal habitat. Roosts in buildings, mines, caves, or crevices. Possible. At most, individuals may seek cover in the riparian vegetation of Ash and Berenda Sloughs during spring and fall migration. Possible. Tile GP Area, particularly those portions supporting open water, provide suitable foraging habitat for tins species. Roosting habitat is present in tile buildings scattered throughout the GP Area Forages over water and marshes. Unlikely. Although the Prefers sites with adequate roosting GP Area provides potential foraging habitat, habitat, such as cliffs. May move thus species is not often found in the Central from forests to lowlands in autumn. Valley, Prefers mesic habitats. Roosts in Possible. The GP Area, particularly those caves, tunnels, mines, and buildings. portions supporting open water, provide suitable foraging habitat for tins species. Roosting habitat is present in various buildings scattered throughout the GP Area. Unlikely. Although the GP Area provides Forages over water and marshes. potential foraging habitat, thus species is not Prefers sites with adequate roosting habitat, such as cliffs. May move from often found in the Central Valley, forests to lowlands in autumn. Forages over water and marshes. Unlikely. Although the GP Area provides Prefers sites with adequate roosting potential foraging habitat, thus species is not habitat, such as cliffs. May move from often found in the Central Valley, forests to lowlands in autumn. Prefers mesic habitats. Roosts in Possible. The GP Area, particularly those caves, tunnels, mines, and buildings. portions supporting open water, provide suitable foraging habitat for tins species. Roosting habitat is present in tile various buildings scattered throughout tile properties. Prefers rocky outcrops, cliffs and Possible. The GP Area, particularly those crevices with access to open habitats portions supporting open water, provide for foraging. Roosts in caves, suitable foraging habitat for tills species. crevices, mines, and occasionally in Roosting habitat is present in tile various hollow trees and buildings. buildings scattered throughout tile properties and in tile trees along Ash and Berenda Sloughs. Prefers open arid habitats including Possible. The GP Area, particularly those conifer and deciduous woodlands, portions supporting open water, provide coastal scrub, grasslands and suitable foraging habitat for tins species. chaparral. Roosts in crevices in cliff Roosting habitat is present in the various faces, high buildings, trees and buildings scattered throughout tile properties tunnels. and in tile trees along Ash and Berenda Sloughs. Found in drier open stages of most Possible. Suitable habitat is present within the shrub, forest and herbaceous habitats GP Area for tins species, in particular in areas with friable soils. that are not routinely disced. There are numerous burrows scattered throughout tile Planning Area, some of winch could be occupied by the American badger. CSC CSC *Present: Species observed on the site at time of field surveys or during recent past. Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis. Possible: Species not observed on the site, but it could occur there from time to time. Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient. Absent: Species not observed on the site, and precluded from occurring there because habitat requirements not met. Status Codes FE FT FPE FC CE CT CR CP CSC Federally Endangered Federally Threatened Federally Endangered (proposed) Federal Candidate California Endangered California Threatened California Rare California Protected California Species of Special Concern CNPS 1A 1B 2 California Native Plant Society Listing Plants Presumed Extinct in California Plants Rare, Threatened or Endangered in California and elsewhere Plants Rare, Threatened or Endangered in California, but common more elsewhere 3 Plants about which we need more info 4 Plants of limited distribution-watch list General Plan Update 2040 Draft Environmental Impact Report 4.10-13 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 3 Special Species Status Locations within the Chowchilla 2040 Planning Area General Plan Update 2040 Draft Environmental Impact Report 4.10-14 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 4 Observed Locations of the San Joaquin Kit Fox General Plan Update 2040 Draft Environmental Impact Report 4.10-15 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Special Status Species Warranting Further Discussions Most of the special status plant and animal species listed in Table 4.10 - 2 and Table 4.10 - 3 are believed to be absent or may occur rarely or occasionally within the Planning Area. However, a few species have the potential to occur within the Planning Area more frequently and will require further efforts to ascertain presence or absence. These species include the conservancy fairy shrimp, longhorn fairy shrimp, vernal pool fairy shrimp, vernal pool tadpole shrimp, valley elderberry longhorn beetle, California tiger salamander, western spadefoot toad, western pond turtle, California horned lizard, Swainson's hawk, northern harrier, Copper's hawk, western burrowing owl, long-eared owl, black tern, California horned lark, loggerhead shrike, tri-colored blackbird, Yuma myotis, Townsend's western big-eared bat, pallid bat, western mastiff bat, and American badger. Below are detailed discussions that include an analysis of their legal status, ecology, and the suitability of the site to support them. Valley Elderberry Longhorn Beetle The valley elderberry longhorn beetle (VELB); Federally Threatened) is generally found along waterways and in floodplains in the Central Valley that support remnant stands of riparian vegetation. However, this species has been documented in upland habitat supporting suitable vegetation. Specifically, elderberry shrubs must be present, as both larvae and adults feed only on this plant. Elderberry shrubs were observed along Ash and Berenda Sloughs, which not only flow through the Planning Area but also run along the boundaries or through the three focus areas and four special areas of interest. There is also a potential that scattered elderberry shrubs in the upland habitat within the Planning Area; although none were observed in the focus areas and special areas of interest. Therefore, habitat suitable for the valley elderberry longhorn beetle could be eliminated within the Planning Area where elderberry shrubs occur resulting in the extirpation of individuals. Vernal Pool Species (Conservancy Fairy Shrimp, Longhorn Fairy Shrimp, Vernal Pool Fairy Shrimp, Vernal Pool Tadpole Shrimp, California Tiger Salamander, and Western Spadefoot toad) There is a potential that some remnant vernal pool habitat remains within the Planning Area; although, none occur within the boundaries of the focus areas and special areas of interest. There are four shrimp species and two amphibian species that are known to breed in the vernal pools of the Central Valley. The conservancy fairy shrimp (Federally Endangered) and vernal pool tadpole shrimp (Federally Endangered) prefer large pools that remain inundated for a long period of time. However, the longhorn fairy shrimp (Federally Endangered) and vernal pool fairy shrimp (Federally Threatened) occur in an assortment of habitats, from unvegetated tire ruts to pristine vernal pools with varied durations of inundation. The California tiger salamander (Federally Threatened and California Species of Special Concern) requires pools to remain inundated for a minimum of ten weeks, consecutively, to ensure General Plan Update 2040 Draft Environmental Impact Report 4.10-16 City of Chowchilla 4.10 BIOLOGICAL RESOURCES successful breeding and can travel up to one mile from estivation habitat (underground refuge) to breeding pools. The California tiger salamander has been documented breeding in not only large vernal pools, but other seasonal wetlands, such as stock ponds as well. The western spadefoot toad (California Species of Special Concern) is most commonly associated with vernal pools with suitable estivation habitat in the immediate vicinity. All six of these species require their breeding habitat be seasonal, dry up most if not every year. Seasonality precludes the presence of aquatic predators, such as fish and bullfrogs, and allows the cysts of the shrimp species to dry up completed, which is a needed phase in their life cycle. The pools must also be stagnant, as wetlands or waterways with high flows could wash cysts or larvae downstream. Also, stagnancy results in cloudier water, making it more difficult for terrestrial and avian species to predate on developing larvae and shrimp. Therefore, habitat for up to six special status animal species endemic to vernal pool habitats could be eliminated within the Planning Area where remnant habitat occurs. Any of these species could be extirpated from the Planning Area if future development were to disrupt pools suitable for these species. Western Pond Turtle and California Horned Lizard The western pond turtle (California Species of Special Concern) is the only native aquatic (freshwater) turtle in California and it is found in a wide variety of aquatic habitats including streams, lakes, and ponds. The California homed lizard (California Species of Special Concern) inhabits a variety of habitats including exposed gravellysandy substrate containing scattered shrubs, riparian woodland clearings, chamise chaparral, and annual grasslands. Both of these species could occur within the Planning Area, including the three focus areas and four special areas of interest. The western pond turtle could occur along Ash and Berenda Sloughs or in any catch basin or wastewater treatment pond located immediately adjacent to these sloughs. The California homed lizard could occur along Ash and Berenda Sloughs or in any other undisturbed upland habitat (areas not converted to agriculture or development) within the Planning Area. Swainson's Hawk In California's Central Valley the Swainson's hawk (California Threatened) can be found from Colusa County south to Kern County. Nesting often occurs in tall riparian trees, but this is not necessarily the case; pairs have been observed nesting in ornamental trees, such as eucalyptus trees, on a number of occasions. This species forages in open grasslands and agricultural fields for small mammals. An abundance of foraging habitat is present for the Swainson's hawk throughout the Planning Area, including the focus areas and special areas of interest. Suitable nesting General Plan Update 2040 Draft Environmental Impact Report 4.10-17 City of Chowchilla 4.10 BIOLOGICAL RESOURCES habitat is available along Ash and Berenda Sloughs, with marginal habitat present in the planted trees scattered in the upland portions of the Planning Area. Seabird/Songbird Species (Black Tern, California Horned Lark, Loggerhead Shrike, and Tri-Colored Blackbird) The black tern, California horned lark, loggerhead shrike, and tri-colored blackbird (all California Species of Special Concern) could all occur within the Planning Area as not only foragers or transients, but as breeders as well. The black tern is a seabird species that winters in Central and South America, but nests in Central California and other areas of the northern United States and Canada, on lakeshores and marshes. The California horned lark, loggerhead shrike, and tri-colored blackbird are residents to California and occur in a variety of open habitats. The California horned lark is a ground nesting bird, breeding in open fields. The loggerhead shrike is a typical songbird, building nests in large shrubs and trees. The tri-colored blackbird builds nests in wetlands supporting dense, emergent vegetation. Suitable habitat for the black tern and tri-colored blackbird is present along Berenda Reservoir (a special area of interest) and Berenda Slough in the northeastern portion of the Planning Area. The tern will likely remain along the shores of the Reservoir, whereas the blackbird could occur not only where emergent vegetation is present along the Reservoir banks, but also within the stretches of Berenda Slough where the vegetation is suitable. Additionally, any catch basin of suitable size with appropriate vegetation in other portions of the Planning Area may also provide suitable habitat for these two species. The California horned lark and loggerhead shrike could occur throughout the Planning Area including the focus areas and special areas of interest. Other Raptor Species (Northern Harrier, Copper's Hawk, Western Burrowing Owl, and Long-Eared Owl) Suitable habitat is abundant throughout the Planning Area for a number of raptor species. A number of species listed as California Species of Special Concern, the northern harrier, Copper's hawk, western burrowing owl, and long-eared owl, could not only forage within the open habitats of the Planning Area, but may also breed locally. The northern harrier and burrowing owl are both ground nesting raptors. The northern harrier builds nests on the ground within marshlands, often near the base of shrubs. The burrowing owl nests in rodent burrows, most commonly in ground squirrel burrows. The remaining species, the Copper's hawk and long-eared owl, are both tree nesting raptors. In addition, according to the Migratory Bird Treaty Act, all raptors are protected. Therefore, development within the Planning Area could impact not only those species listed as California Species of Special Concern, but also common raptor species, such as the red-tailed hawk and red-shouldered hawk. These raptors will only be protected during the breeding season. General Plan Update 2040 Draft Environmental Impact Report 4.10-18 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Bat Species (Yuma Myotis, Townsend's Western Big-Eared Bat, Pallid Bat, and Western Mastiff Bat) Suitable habitat is abundant throughout the Planning Area for a number of bat species. A number of species listed as California Species of Special Concern, the Yuma myotis, Townsend's western big-eared bat, pallid bat, and western mastiffbat, could not only forage within the open habitats of the Planning Area, but may also breed locally. The open habitats of the Planning Area provide likely foraging habitat for these four special status bat species and a number of other common species of bats. Additionally, the various structures scattered throughout the Planning Area and/or the trees along Ash and Berenda Sloughs provide possible roosting habitat for these species. As with the raptors, not only are the bat species listed as California Species of Special Concern protected, but all species of bats according to the California Fish and Game Code. Therefore, development within the Planning Area could impact not only those species listed as California Species of Special Concern, but also common bat species, such as Mexican free-tail bats. American Badger The American badger (California Species of Special Concern) is a large carnivorous mammal with a widespread distribution throughout California, with the exception of a portion of Del Norte and Humboldt Counties in the northwestern portion of the state. Badgers can be found in a variety of habitats. The only requirements of this species are sufficient food (small mammals), friable soils, and open habitat. Badgers reside in burrows, both abandoned rodent burrows and self-dug burrows. 4.10.1.4 Rancho Calera Specific Plan The Rancho Calera Specific Plan Area is located in the northeastern portion of the current City Limits and replaces part of a previously adopted specific plan – Greenhills Estates and Golf Club Specific Plan. The Greenhills Estates and Golf Club Specific Plan were adopted by the City of Chowchilla in 1990. Since its adoption 1990, implementation of the Greenhills Estates and Golf Club Specific Plan has been limited to the area south of East Robertson Boulevard and has included the construction of a private golf course and country club, gated residential neighborhoods, and a retail commercial center accessible to the general public. Approximately 440 acres of the proposed project was annexed into the City of Chowchilla in 1990 as part of the Greenhills Estates and Golf Club Specific Plan (Eastside Annexation). This land has been fallowed and has been designated as urban by the City’s existing General Plan, as well as the 2040 General Plan. The remaining 145 acres are proposed to be annexed by the City (136 acres in Rancho Calera). This land is also fallow with the exception of a remnant 20 acre vineyard operation and horse grazing on a small parcel to the west near Ash Slough. See Figure 4.10 - 5 for aerial of site and surrounding land uses. General Plan Update 2040 Draft Environmental Impact Report 4.10-19 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 5 Rancho Calera and Surrounding Land Uses The proposed Rancho Calera Specific Plan Area is located northeast of the Highway 99/East Robertson Boulevard interchange. The proposed Plan Area is located directly south of Ash Slough and north of East Robertson Boulevard and the Greenhills Estates and Pheasant Run Golf Course. The western boundary is formed by Highway 99 and the eastern project boundary is formed by the City’s easterly most City Limits. Rancho Calera Specific Plan covers approximately 576 acres and of mostly fallow land, however one remnant vineyard remains of approximately 20 acres. The Regan Elementary School was constructed on the site in 2008. The land south of East Robertson Boulevard consists of residential, commercial and open space land uses (golf course and ornamental lakes). Ash Slough forms the northerly border and there are active agricultural operations north of Ash Slough. Ash Slough is an average of approximately 572 feet wide where it borders the proposed project area. Beyond the eastern border of the project is agricultural land consisting of vineyards and open land. Highway 99 and the developed City form the westerly border. Rancho Calera’s land use plan is shown in Figure 4.10 - 6. General Plan Update 2040 Draft Environmental Impact Report 4.10-20 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 6 Rancho Calera Specific Plan Land Use Plan General Plan Update 2040 Draft Environmental Impact Report 4.10-21 City of Chowchilla 4.10 BIOLOGICAL RESOURCES 4.10.1.5 Regulatory Framework The following section describes the federal, state, and local environmental laws, policies, plans, and agencies that are relevant to the proposed General Plan Update and the Planning Area. Federal Federal Endangered Species Act The United States Congress passed the federal Endangered Species Act (16 United States Code Sections 460 et seq.) in 1973 to protect those species that are endangered or threatened with extinction. The FESA is intended to operate in conjunction with the National Environmental Policy Act (NEPA) to help protect the ecosystems upon which endangered and threatened species depend. The FESA prohibits the “take” of endangered or threatened wildlife species. “Take” is defined as harassing, harming (including significantly modifying or degrading habitat), pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting wildlife species or any attempt to engage in such conduct (16 U.S.C. Section 1532, 50 Code Fed. Regs. Section 17.3). Actions that result in a take can result in civil or criminal penalties. Under the FESA, federal agencies must ensure that the actions they fund, authorize, or carry out are not likely to jeopardize protected species. For example, the FESA and Section 404 of the federal Clean Water Act (CWA) prohibit the issuance of wetland permits for projects that will result in the take of a threatened or endangered wildlife or plant species. Under FESA, the U.S Army Corps of Engineers (USACE) must inquire of the USFWS and/or the National Marine Fisheries Service (NMFS) whether any protected species or their critical habitat may be present in the area of the proposed federal action [16 U.S.C. Sections 1536(a)(2), (c)(1)]. If they may be present, USACE must prepare a biological assessment analyzing whether the action is likely to affect such species. If the assessment concludes that a protected species or a critical habitat is likely to be affected, the agency must formally consult with the USFWS or NMFS. In the context of the General Plan Planning Area, the FESA will be triggered if development resulted in take of a threatened or endangered species or if issuance of a Section 404 permit or other federal agency action could result in the take of a threatened or endangered species. Clean Water Act USACE regulates discharge of dredged or fill material into “waters of the United States” under Section 404 of the CWA. “Discharges of fill material” are defined as the addition of fill material into waters of the U.S., including, but not limited to, placement of fill that is necessary for the construction of any structure, or impoundment requiring rock, sand, dirt, or other material for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; and fill for intake and outfall pipes and sub aqueous utility lines [33 C.F.R. Section 328.2(f)]. In General Plan Update 2040 Draft Environmental Impact Report 4.10-22 City of Chowchilla 4.10 BIOLOGICAL RESOURCES addition, Section 401 of the CWA (33 U.S.C. 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain certification that the intended dredge or fill activity will comply with the state’s effluent limitations and water quality standards. Jurisdictional Waters of the U.S. Waters of the U.S. that are subject to the jurisdiction of USACE include navigable waters of the United States, interstate waters, all other waters where the use or degradation or destruction of the waters could affect interstate or foreign commerce, tributaries to any of these waters, and wetlands that meet any of these criteria or that are adjacent to any of these waters or their tributaries. Wetlands are defined as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” [33 C.F.R. Section 328.3(b)]. Presently, to be considered a wetland, a site must exhibit all three criteria–– hydrophytic vegetation, hydric soils, and wetland hydrology––existing under the “normal circumstances” for the site. Furthermore, jurisdictional waters of the U.S. can be defined by exhibiting a defined bed and bank and ordinary high water mark. The lateral extent of non-tidal waters is determined by delineating the ordinary high water mark (OHWM) [33 C.F.R. Section 328.4I(1)]. The OHWM is defined by the Corps as “that line on shore established by the fluctuations of water and indicated by physical character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas” [33 C.F.R. Section 328.3(e)]. Isolated wetlands are not subject to USACE jurisdiction under Section 404 of the CWA, pursuant to the “SWANCC” decision (Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (2001) 531 U.S. 159). According to the SWANCC decision, wetlands that are non-navigable, isolated, and intrastate may not be subject to USACE jurisdiction. Although isolated wetlands are not subject to USACE jurisdiction under Section 404 of the CWA, they are considered “waters of the State” under California’s Porter Cologne Act (Cal. Water Code Sections 13020 et seq.) and, as such, are subject to regulation by the Central Valley Regional Water Quality Control Board (RWQCB). The RWQCB generally takes jurisdiction over “waters of the State” that are not subject to USACE jurisdiction under the federal CWA in cases where USACE has determined that certain features do not fall under its jurisdiction. Mitigation requiring a no-net-loss of wetlands functions and values of waters of the State is typically required. Other Federal Requirements The Migratory Bird Treaty Act (MBTA) (42 U.S.C. Sections 703–712) implements international treaties between the United States and other nations devised to protect migratory birds, their parts, eggs, and nests from activities such as hunting, pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit. The State of California has incorporated the protection of birds of prey in General Plan Update 2040 Draft Environmental Impact Report 4.10-23 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Sections 3800, 3513, and 3503.5 of the Fish and Game Code (FGC). Section 3503.5 of the California Fish and Game Code states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” All raptors and their nests are protected from take or disturbance under the MBTA (16 United States Code [USC], Section 703 et seq.) and California statute (FGC Section 3503.5). The golden eagle (Aquila chrysaetos) and bald eagle (Haliaeetus leucocephalus) are also afforded additional protection under the Eagle Protection Act, amended in 1973 (16 USC, Section 669 et seq.). Executive Order 13112 - Invasive Species directs all federal agencies to refrain from authorizing, funding, or carrying out actions or projects that may spread invasive species. The order further directs federal agencies to prevent the introduction of invasive species, control and monitor existing invasive species populations, restore native species to invaded ecosystems, research and develop prevention and control methods for invasive species, and promote public education on invasive species. As part of the proposed action, USFWS and USACE will issue permits and therefore will be responsible for ensuring that the proposed action complies with Executive Order 13112 and does not contribute to the spread of invasive species. The Recovery Plan for Upland Species of the San Joaquin Valley, California The Planning Area lies within the coverage area of the Recovery Plan for Upland Species of the San Joaquin Valley, California (USFWS 1998). The primary objective of this recovery plan is the recovery of 11 endangered and threatened species, along with protection and long-term conservation of candidate species and species of special concern. The species covered in the plan inhabit grasslands and scrublands of the San Joaquin Valley, adjacent foothills, and small valleys. Species covered within this plan are classified as species of local concern (SLC) in this report. The Recovery Plan does not identify the area within and surrounding the Planning Area as having regional biological significance for the species covered within the plan. The Planning Area is not near or within areas proposed for reserves or where connectivity and linkages should be promoted. U.S. Fish and Wildlife Service Draft Vernal Pool Recovery Plan USFWS designated critical habitat for certain vernal pool crustaceans and plants in 34 counties in California and identified such habitat in its final rule of the vernal pool recovery plan on February 10, 2006, entitled Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Evaluation of Economic Exclusions From August 2003 Final Designation [71 Fed. Reg. 28 (2006) (to be codified at 50 CFR Part 17)]. The Recovery Plan identifies a five-part strategy to ameliorate or eliminate threats to affected species and to preserve intact vernal pools. The five key elements of the Recovery Plan are habitat protection; adaptive habitat General Plan Update 2040 Draft Environmental Impact Report 4.10-24 City of Chowchilla 4.10 BIOLOGICAL RESOURCES management, restoration, and monitoring; status surveys; research; and participation and outreach. The Recovery Plan identifies habitat loss, fragmentation, and isolation of functional vernal pool ecosystems as the greatest threat to the survival and recovery of listed species and species of concern that are found in vernal pools. According to the Recovery Plan, habitat loss is generally the result of urbanization, agricultural conversion, and mining. Habitat loss may also occur from habitat alteration and degradation as a result of changes to natural hydrology; invasive species; incompatible grazing regimes, including insufficient grazing for prolonged periods; and infrastructure projects such as roads, water storage and conveyance, and utilities. In addition, recreational activities such as off-highway vehicles and hiking, erosion, contamination, and inadequate management and monitoring may result in habitat loss. Habitat fragmentation is generally the result of activities associated with habitat loss due to road and other infrastructure projects that contribute to the isolation and fragmentation of vernal pool habitats. State California Endangered Species Act Under the California Endangered Species Act (CESA), the California Department of Fish and Game has the responsibility for maintaining a list of endangered and threatened species (Fish and Game Code – FGC 2070). Sections 2050 through 2098 of the FGC outline the protection provided to California’s rare, endangered, and threatened species. Section 2080 of the FGC prohibits the taking of plants and animals listed under the CESA. Section 2081 established an incidental take permit program for state-listed species. CDFG maintains a list of “candidate species” which are species that CDFG formally notices as being under review for addition to the list of endangered or threatened species. Native Plant Protection Act of 1977 The Native Plant Protection Act of 1977 (FGC Section 1900 et seq.) prohibits the taking, possessing, or sale within the state of any plants with a state designation of rare, threatened, or endangered (as defined by CDFG). An exception to this prohibition in the act allows landowners, under specified circumstances, to take listed plant species, provided that the owners first notify CDFG and give that state agency at least 10 days to come and retrieve (and presumably replant) the plants before they are plowed under or otherwise destroyed (FGC, Section 1913 exempts from take prohibition “the removal of endangered or rare native plants from a canal, lateral ditch, building site, or road, or other right of way”). Project impacts to these species are not considered significant unless the species are known to have a high potential to occur within the area of disturbance associated with construction of the proposed project. Other State Requirements CDFG maintains lists of “species of special concern” which serve as species “watch lists.” CDFG has also identified many species of special concern. Species with this General Plan Update 2040 Draft Environmental Impact Report 4.10-25 City of Chowchilla 4.10 BIOLOGICAL RESOURCES status have limited distribution or the extent of their habitats has been reduced substantially, such that their populations may be threatened. Thus, their populations are monitored, and they may receive special attention during environmental review. While they do not have statutory protection, they may be considered rare under CEQA and thereby warrant specific protection measures. Sensitive species that will qualify for listing but are not currently listed are afforded protection under CEQA. CEQA Guidelines Section 15065 (Mandatory Findings of Significance) requires that a substantial reduction in numbers of a rare or endangered species be considered a significant effect. CEQA Guidelines Section 15380 (Rare or Endangered Species) provides for assessment of unlisted species as rare or endangered under CEQA if the species can be shown to meet the criteria for listing. Unlisted plant species on the California Native Plant Society’s Lists 1A, 1B, and 2 will typically be considered under CEQA. Sections 3500 to 5500 of the FGC outline protection for fully protected species of mammals, birds, reptiles, amphibians, and fish. Species that are fully protected by these Sections may not be taken or possessed at any time. CDFG cannot issue permits or licenses that authorize the take of any fully protected species, except under certain circumstances such as scientific research and live capture and relocation of such species pursuant to a permit for the protection of livestock. Under Section 3503.5 of the FGC it is unlawful to take, possess, or destroy any birds in the orders of Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. Pursuant to the requirements of CESA, an agency reviewing a proposed project within its jurisdiction must determine whether any state-listed endangered or threatened species may be present in the project study area and determine whether the proposed project will have a potentially significant impact on such species. In addition, CDFG encourages informal consultation on any proposed project that may impact a candidate species. Impacts to species associated with projects implemented under the General Plan Update on the CESA endangered or threatened list will be considered significant. State-listed species are fully protected under the mandates of the CESA. Take of protected species incidental to otherwise lawful management activities may be authorized under FGC Section 206.591. Authorization from CDFG will be in the form of an Incidental Take Permit. State and local public agencies are subject to Section 1602 of the FGC, which governs construction activities that will substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by the CDFG. Under Section 1602, a discretionary Stream Alteration Agreement permit from CDFG (Region 4 for the General Plan Update) must be issued by CDFG to the General Plan Update 2040 Draft Environmental Impact Report 4.10-26 City of Chowchilla 4.10 BIOLOGICAL RESOURCES project applicant for subsequent projects under the General Plan Update prior to the initiation of construction activities within lands under CDFG jurisdiction. Non-governmental Agency California Native Plant Society The California Native Plant Society (CNPS) maintains a list of plant species native to California that are found in low numbers, have limited distribution, or are otherwise threatened with extinction. This information is published in the Inventory of Rare and Endangered Vascular Plants of California. Potential impacts to populations of CNPSlisted plants receive consideration under CEQA review. The following identifies the definitions of the CNPS listings: • List 1A: Plants Believed Extinct. • List 1B: Plants Rare, Threatened, or Endangered in California and elsewhere. • List 2: Plants Rare, Threatened, or Endangered in California, but more numerous elsewhere. • List 3: Plants about Which We Need More Information - A Review List. • List 4: Plants of Limited Distribution - A Watch List. Plant species designated as List 3 and 4 will not be discussed in this section since they do not generally receive protection from any government agencies. Local Madera County General Plan The unincorporated areas outside the city limits but within the Planning Area are not governed by the City of Chowchilla but are governed by Madera County. The goals, objectives, and policies within the Madera County General Plan are applicable to the unincorporated parts of the City of Chowchilla General Plan Planning Area. The Madera County General Plan Agricultural and Natural Resources Chapter includes goals and policies relating to wetlands and riparian areas, fish and wildlife habitat, vegetation and open space for the preservation of natural resources (Madera County 1995). • To protect and enhance the natural quality of Madera County’s streams, creeks, and groundwater (Goal 5.C). • To protect wetland communities and related riparian areas throughout Madera County as valuable resources (Goal 5.D). General Plan Update 2040 Draft Environmental Impact Report 4.10-27 City of Chowchilla 4.10 BIOLOGICAL RESOURCES • The County shall comply with the wetlands policies of USACE, USFWS, and CDFG. Coordination with these agencies at all levels of project review shall continue to ensure that appropriate mitigation measures and the concerns of these agencies are adequately addressed (Policy 5.D.1). • The County shall require new development to mitigate wetland loss in both regulated and non-regulated wetlands through any combination of avoidance, minimization, or compensation. The County shall support mitigation banking programs that can provide the opportunity to mitigate impacts to rare, threatened and endangered species and/or the habitat which supports these species in wetland and riparian areas (Policy 5.D.2). 4.10.2 Impacts and Mitigation Measures Methodology This analysis reviews the impacts to Biological Resources by the build-out of the 2040 General Plan within the Planning Area Boundaries and the Rancho Calera Specific Plan. The total build-out of 14,000 acres includes the 10,109 acres (gross) of the planning area outside of the existing City Limits and the 3,891 acres within the existing City Limits, plus a market factor of 50 percent. The acres that make up the 50 percent market value, which add up to 3,431 are designated as “Urban Reserve” in the 2040 General Plan within the Planning Area Boundaries and graphically shown as “Urban Reserve” on the 2040 General Plan Map. At full build-out the 2040 General Plan will need a net total of 8,351 acres in addition to the existing 3,891 acres within the existing City Limits based on 5.3 percent growth rate over the General Plan’s 30 year planning horizon. The Chowchilla 2040 General Plan Land Use Element describes the growth rate and definition of “Urban Reserve.” ” Live Oak Associates, Inc. compiled a Biotic Survey Report for the City of Chowchilla 2040 General Plan Update. This technical report describes the biotic resources of the City of Chowchilla Planning Area, Madera County, California, and evaluates possible impact to those resources resulting from any future disturbance or development. The Chowchilla and Le Grand U.S.G.S. quadrangles were used to compile this data. Within the Planning Area, three focus areas and four special areas of interest were evaluated at a more specific level, ·with emphasis placed on the three focus areas. The three focus areas include the Westside Annexation Property, Eastside Annexation Property, and the Wellington Group Property, which is the Rancho Callera Specific Plan area. The four special areas of interest include the Highway 99 and State Route 233 intersection, the extension of Avenue 24 over Berenda Slough, the construction of a Wastewater Treatment Plant, and the Berenda Reservoir capacity change. The impact analysis and mitigation proposals found in this section have been based on the known and potential biotic resources of the study area. Sources of information used in the preparation of this analysis included: (1) the California Natural Diversity Data Base (CDFG 2005); (2) the Inventory of Rare and Endangered Vascular Plants of General Plan Update 2040 Draft Environmental Impact Report 4.10-28 City of Chowchilla 4.10 BIOLOGICAL RESOURCES California (CNPS 2001); and (3) miscellaneous other planning documents and biological studies from the general project vicinity. Additional information was gathered in the field by Live Oak Associates, Inc. These surveys consisted of driving the roadways of the entire Planning Area and scanning the land for all biotic resources. Portions of the focus areas and areas of interest were surveyed by walking meander transects so as to provide as much visual coverage as possible. Information gathered in the field was used to identify plant communities and characterize the botanical and wildlife resources occurring within the Planning Area and in the region. Detailed surveys for sensitive biological resources were not conducted for this study. The level of effort was sufficient to locate and establish the general extent of wetland and special status species habitat that might be present, but was not sufficient to establish wetland boundaries or the extent of actual use of on-site habitats by special status species. Field surveys conducted for this study were sufficient to assess the significance of biological constraints associated with the site, and to assess the need for more detailed study that could be warranted if sensitive biotic resources were identified in this first round of surveys. Delineating all wetlands that may be present or mapping the extent of all endangered species habitat present will only be warranted preliminary to detailed site planning. Standards of Significance The impact analysis provided below is based on the following State CEQA Guidelines Appendix G thresholds of significance: • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies or regulations, or by CDFG or USFWS. • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by CDFG or USFWS. • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. General Plan Update 2040 Draft Environmental Impact Report 4.10-29 City of Chowchilla 4.10 BIOLOGICAL RESOURCES • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. • Substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or substantially reduce the number or restrict the range of an endangered, rare or threatened species. PROJECT IMPACTS AND MITIGATION MEASURES 4.10.2.1 General Plan Impacts to Special-Status Species Implementation of the proposed General Plan Update could result in direct and indirect loss of habitat and individuals of endangered, threatened, rare, proposed, or candidate status or of California fully protected species, as well as plant species identified by the California Native Plant Society as a List 1A or 1B species (i.e., rare, threatened or endangered plants). However, the proposed 2040 General Plan Update includes policies and action items that will ensure that impacts to special-status species are adequately mitigated. This impact will be less than significant. Direct Impacts of the Proposed General Plan Update As discussed above, suitable habitat for plant and wildlife species listed as endangered, threatened, rare, proposed, candidate, or listed as “fully protected” in the California Fish and Game Code (Sections 3511, 4700, 5050, 5515) or List 1A or 1B (collectively referred to in this DEIR as “listed species”) is found within the Planning Area. Eighteen special status vascular plant species are known to occur in the general vicinity of the City of Chowchilla. The Planning Area potentially supports isolated populations of the 18 special status plant species in areas that have not been significantly modified for agricultural purposes or development. Without conducting site specific surveys of the entire Planning Area, it is assumed that there is a potential for special status plant species to be impacted by the build out of future projects. Therefore, impacts to special status plants within the Planning Area are assumed to be significant. However, all 18 of these species are believed to be absent from the three focus areas and four areas of special interest. Therefore, impact to special status plants on the focus areas and special areas of interest are assumed to be less than significant. Development under the proposed General Plan Update could directly impact such habitat. Most direct biological resource impacts will occur from development of large areas of generally undeveloped agricultural land and annual grassland and the areas adjacent to the riparian corridors; however, additional impacts will occur from infill development and redevelopment in the city’s center. Of the 43 special status species potentially occurring in the region of the Planning Area, six will not occur or will be unlikely to occur within the Planning Area due to the absence of suitable habitat. These species include the blunt-nosed leopard lizard, giant garter snake, bald eagle, white-faced ibis, spotted bat, and San Joaquin kit fox. Eventual General Plan Update 2040 Draft Environmental Impact Report 4.10-30 City of Chowchilla 4.10 BIOLOGICAL RESOURCES development within the Planning Area will have no effect on these six species, because there is little or no likelihood that they are present. In addition to these six species, an additional six species for a total of 12 species could be ruled out as occurring within the three focus areas and four special areas of interest due to the lack of suitable habitat. These additional species include conservancy fairy shrimp, longhorn fairy shrimp, vernal pool fairy shrimp, vernal pool tadpole shrimp, California tiger salamander, and western spadefoot toad. Wetland habitat, in particular vernal pools, suitable for these six species were absent from the focus areas and special areas of interest. In fact the only habitat present that could even be considered marginal for these species (i.e. areas that receive water and stay inundated for a period of time) are the sloughs, the irrigation/drainage ditches, and catch basins. However, the sloughs are not stagnant enough to support population of these six wetland species and the ditches and basins hold water for the majority of the year (i.e. do not dry up during the summer months) and will be considered contaminated from agricultural herbicides and fertilizers. Therefore, the possible development of the focus areas and special areas of interest will have little or no effect on these additional six species. Of the 43 special status species potentially occurring in the region of the Planning Area, 14 avian species will at most pass through or over the Planning Area as migrants, transients, or foragers (Table 4). These species include the American peregrine falcon, greater sandhill crane, willow flycatcher, sharp-shinned hawk, Ferruginous hawk, golden eagle, merlin., prairie falcon, mountain plover, long-billed curlew, short-eared owl, black swift, Vaux's swift, and yellow warbler. Although all of the aforementioned species could occur on the site from time to time, the site possesses no intrinsic habitat qualities that make it uniquely valuable for these species. In fact, these species pass through or forage within many types of habitats en route to breeding or wintering habitat. Considerable habitat suitable for migratory movements and foraging will continue to be available for these species after possible development within the Planning Area. Furthermore, future development will not preclude the Planning Area use by at least some of these species in the future. Therefore, the possible development of portions of the Planning Area will have little or no effect on these species regionally. There are no species in addition to the 14 listed above expected to be migrants, transients, or foragers on the three focus areas and four special areas of interest. Of the 43 special status species potentially occurring in the region of the Planning Area, 23 may breed within portions of the Planning Area (fable 4). These species include the conservancy fairy shrimp, longhorn fairy shrimp, vernal pool fairy shrimp, vernal pool tadpole shrimp, valley elderberry longhorn beetle, California tiger salamander, western spadefoot toad, western pond turtle, California horned lizard, Swainson's hawk, northern harrier, Copper's hawk, western burrowing owl, long-eared owl, black tern, California homed lark, loggerhead shrike, tri-colored blackbird, Yuma myotis, Townsend's western big-eared bat, pallid bat, western mastiffbat, and American badger. Of these 23 species, only 17 may breed within the focus areas and special areas of interest. The conservancy fairy shrimp, longhorn fairy shrimp, vernal pool fairy shrimp, General Plan Update 2040 Draft Environmental Impact Report 4.10-31 City of Chowchilla 4.10 BIOLOGICAL RESOURCES vernal pool tadpole shrimp, California tiger salamander, and western spadefoot toad are not expected to occur within these areas due to the lack of suitable habitat. Development under the proposed General Plan Update could potentially cause direct impacts to approximately 8,351 acres of ruderal (vacant), agricultural land, annual grasslands, wetlands/open waters, and riverine/riparian habitat that may serve as occupied or potential habitat for listed species. As the final design and extent of future development is not currently known, the acreages listed in Table 4.10 - 4, below, represent the maximum area that could be directly affected. Table 4.10 - 4 Listed Special-status Species Organized by Impacted Land Cover Types Within the Planning Area Land Cover Type Agricultural Lands Annual Grasslands Ruderal Riverine/Riparian Wetlands/Open Water Common Name Blunt-nosed leopard lizard Giant garter snake San Joaquin kit fox Succulent owl’s-clover* Palmate-bracted bird’s-beak San Joaquin Valley Orcutt grass* Hairy Orcutt grass* Greene’s tuctoria* Conservancy fairy shrimp Vernal pool fairy shrimp California tiger salamander Blunt-nosed leopard lizard Giant garter snake Fresno kangaroo rat San Joaquin kit fox Blunt-nosed leopard lizard Fresno kangaroo rat San Joaquin kit fox Valley elderberry longhorn beetle** Central Valley steelhead Blunt-nosed leopard lizard Giant garter snake San Joaquin kit fox Succulent owl’s-clover* Palmate-bracted bird’s-beak San Joaquin Valley Orcutt grass* Hairy Orcutt grass* Greene’s tuctoria* Conservancy fairy shrimp Vernal pool fairy shrimp California tiger salamander Giant garter snake TOTAL Impacted Acreage within the Planning Area 7,414 618 0 140 179 8,351 *These species are restricted to vernal pool habitat. **Suitable habitat for the VELB only includes elderberry shrubs. The species that may occur within the Planning Area have been divided into Primary Species of Significance, those with formal state of federal listings (i.e. valley elderberry longhorn beetle, vernal pool species, and Swainson's hawk) and Secondary Species of Significance, those listed as California Species of Special Concern. Mitigation General Plan Update 2040 Draft Environmental Impact Report 4.10-32 City of Chowchilla 4.10 BIOLOGICAL RESOURCES measures to offset impact to the special status animal species that my breed within the Planning Area is discussed below. Actual direct impacts to these land cover types may be less, depending on the ultimate design of individual developments as determined through application of proposed General Plan Update policies on a project-specific basis and project-specific compliance with state and federal agency requirements. As discussed in further detail in Section 1.0, Introduction, this DEIR is a programmatic analysis of the broad environmental effects of the overall proposed 2040 General Plan Update. Goals, policies, and action items contained within the proposed General Plan Update will apply to all future development and infrastructure projects considered by the City within the Planning Area. Future proposed projects that have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment will undergo additional, project-specific CEQA review, as required by statute. Those future projects will also be subject to the FESA and CESA, as appropriate. Discussion of Direct Impacts to Listed Plant Species Listed plant species with the potential to occur in the Planning Area include Colusa Grass, San Joaquin Valley Orcutt, Hairy Orcutt Grass, Greene's Tuctoria, Heartscale, Brittlescale, Lesser Saltscale, Vernal Pool Small scale, Subtle Orache and Hoover's Calycadenia. Implementation of the General Plan Update may directly impact these species by direct take (removal or trampling) during construction or through destruction or degradation of these species’ habitat(s). Direct and indirect impacts to remaining natural communities (vernal pools and annual grassland habitat) where these species are found will occur as a result of implementation of the General Plan Update. Subsequent development under the General Plan Update could result in direct take of these species or direct loss of habitat associated with these listed and/or candidate plant species, since these habitat conditions do occur within the Planning Area. Discussion of Direct Impacts to Valley Elderberry Longhorn Beetle The general recognizance study performed by Live Oak Associates recognized the likelihood of Valley Elderberry Longhorn Beetles within the Planning Area. They will be located within the Ash and Berenda Slough Riparian area. Until a specific recognizance study is prepared for the Elderberry Beetle, it should be considered present in the above described area. Although they are likely to be present, the Ash and Berenda Slough corridors are designated as open space on the Chowchilla 2040 General Plan Land Use map. This means that the corridors will not be subjected to construction activities. A buffer of 20 feet or more from the bank on both sides of each slough will make up the open space corridor. This corridor is the predominant habitat for the Valley Elderberry Longhorn Beetle. Discussion of Direct Impacts to Listed Vernal Pool Species Vernal pool species Conservancy fairy shrimp, Vernal pool fairy shrimp, California tiger salamander, Giant garter snake are dependent upon seasonally ponded water such as General Plan Update 2040 Draft Environmental Impact Report 4.10-33 City of Chowchilla 4.10 BIOLOGICAL RESOURCES vernal pools and seasonal wetlands for their entire life cycle. The Land Use Element proposes development to occur on approximately 618 acres of annual grassland habitat and 179 wetlands/open water within the Planning Area where seasonally ponded water could occur which will support these species. Based on the U.S. Fish and Wildlife Services Wetland Online Mapper service, most of the listed vernal pool areas (Freshwater Emergent or Freshwater Pond Wetland or Riverine) are either within the Ash and Berenda Slough/Reservoir open space area or within the wastewater treatment plant property. Other vernal pool locations, mostly classified as Freshwater Ponds or Freshwater Emergent Wetlands, are mostly located outside of the Planning Area, but are within the Sphere of Influence and the Secondary Planning Area; please see Figure 4.10 - 7 and Figure 4.10 - 8 for detail. Direct removal of vernal pools, a CDFG sensitive habitat, or other seasonally ponded area that is likely to support these species will result in direct take of federally listed species. Development around these sensitive habitat areas will likely result in degradation of habitat and take of federally listed species. Discussion of Direct Impacts to Swainson’s Hawk Implementation of the General Plan Update will result in disturbance and degradation of foraging habitat for Swainson’s hawk and removal of large trees for nesting. The statelisted Swainson’s hawk prefers low-growing cropland such as alfalfa and fallow fields for foraging but will forage on most vacant lands. The croplands, ruderal habitat (vacant lands), and annual grasslands within the Planning Area are suitable foraging habitat for this species. Conversion of farmland and open space into residential and commercial development or incompatible farmland (e.g., orchard or vineyard) will significantly reduce the foraging habitat for this special-status raptor species. The Swainson’s hawk prefers large trees within riparian corridors, but will nest in trees throughout the Planning Area. Removal of vegetation or other construction activities during the nesting season may cause direct impacts to nesting Swainson’s hawk if the species is nesting within 250 feet of construction activities through direct take of the species (e.g., removal of tree with active nest), disturbance to nesting activities (e.g., noise, vibration, or activity near the nest) or degradation of foraging habitat causing nest failure. Discussion of Direct Impacts to San Joaquin Kit Fox The San Joaquin kit fox inhabits alkali sink, valley grassland, and foothill woodland. This species may den or forage in the annual grassland and ruderal habitat within the Planning Area. In addition, this species may use the riparian corridor or the irrigation channels as movement corridors. Development within the Planning Area will have no effect on these six species, because there is little or no likelihood that they are present. Figure 4.10 - 7 depicts the location of the aforementioned special status species in relation to the Chowchilla 2040 Planning Area. General Plan Update 2040 Draft Environmental Impact Report 4.10-34 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 7 Wetland Locations within the Chowchilla 2040 General Plan General Plan Update 2040 Draft Environmental Impact Report 4.10-35 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 8 Vernal Pool Locations General Plan Update 2040 Draft Environmental Impact Report 4.10-36 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 9 Special Status Species Location Map General Plan Update 2040 Draft Environmental Impact Report 4.10-37 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Indirect Impacts of the Proposed General Plan Update Suitable habitat for listed plant and wildlife species exists within the Planning Area and could be indirectly impacted by development under the proposed General Plan Update (as identified in the Land Use Element). Indirect impacts include increased human/wildlife interactions, habitat fragmentation, and encroachment by exotic weeds, and area-wide changes in surface water flows due to development of previously undeveloped areas. Increased Human/Wildlife Interactions The major circulation features identified in the proposed General Plan Update will result in increased vehicular traffic (auto and pedestrian), increasing the amount and severity of indirect impacts to wildlife and habitat in the Planning Area, specifically adjacent to the Berenda and Ash Slough corridors and agricultural land . Development of residential and nonresidential uses will result in increased human presence in areas formerly uninhabited by humans. Additionally, development of previously undeveloped land for residential uses can expose species to impacts from feral and unconfined pets. Habitat Fragmentation Much of the habitat within the Planning Area used by listed species is currently interconnected with large areas of agricultural land and sparse development that has a minor impact on plant and wildlife species in the Planning Area; however, wide-scale development of the Planning Area consistent with the proposed General Plan Update could result in small pockets of conserved habitat that are no longer connected by streams and open space, resulting in indirect impacts to species diversity and movement within the Planning Area. Habitat fragmentation may result in reduced home ranges and loss of foraging habitat that could decimate a population or reduce the fitness of an individual, resulting in indirect take of listed species. Encroachment by Exotic Weeds Generally, landscaping installed as part of development in the region has relied heavily on exotic, non-native plant species for decoration. However, some of these species can spread to natural areas, causing native plant life to be replaced by exotic species. Construction activities, grading, and other ground- or vegetation-clearing disturbances can eliminate the native plant population and allow invasive non-native species to become established. As native plants are replaced by exotic species, indirect impacts to the habitat of listed species will occur, such as modification or degradation of habitat. Changes in Surface Water Flows As development occurs, surface water flows normally increase due to an increase in impermeable surfaces through, for example, the placement of building materials and paving over permeable surfaces. In addition, surface water flows are modified due to changes in surface flow by point source stormwater infrastructure installed in order to handle greater flows from the increasing impermeable surfaces as well as from the General Plan Update 2040 Draft Environmental Impact Report 4.10-38 City of Chowchilla 4.10 BIOLOGICAL RESOURCES introduction of drainage flows during seasons when waterways and wetland features are typically dry (commonly referred to as “summer nuisance flows”). Some cover types that contain habitat for listed species can be indirectly impacted by such changes. For example, seasonal wetland and vernal pool communities survive along a rigid set of soil, water, and climatic conditions. Alteration of current inundation and desiccation regimes due to altered hydrology could substantially alter the characteristics of seasonal wetland habitat, resulting in loss or degradation of seasonal wetland and vernal pool habitat in developed and undeveloped areas of the Planning Area. Figure 4.10 - 7 and Figure 4.10 - 8 show the locations of seasonal wetlands and vernal pools in reference to the Planning Area. The actual acreage ultimately impacted may be less than the estimates shown in Table 4.10 - 4, because future development design proposals will be subject to the application of General Plan Update policies that address protection of biological resources, as well as possible further review on a project-by-project basis. These policies and possible further review are expected to reduce the impacts estimated in Table 4.10 - 4, which ensure that the worst-case impacts are considered in this DEIR. As discussed previously, subsequent environmental review may be necessary, depending on whether the potential environmental impacts of future proposed projects within the Planning Area have the potential to cause one or more direct or reasonably foreseeable indirect physical change in the environment that has not already been adequately considered in this DEIR. Discussion of Indirect Impacts to Listed Plant Species Indirect impacts to special-status plant species could occur with implementation of the General Plan Update which may include habitat degradation as a result of impacts to water quality (see Section 4.9, Hydrology and Water Quality, regarding water quality impacts) and increased human presence. With the conversion of annual grasslands and open space into farmland or residential and commercial development, there is increased potential for construction and landscaping activities to introduce invasive exotic plant species to the area, causing native plant life to be replaced by exotic species. As native plants are replaced by exotic species, indirect impacts to the habitat of special-status species will occur, such as modification or degradation of habitat. Discussion of Indirect Impacts to Listed Wildlife Species Implementation of the proposed General Plan Update will increase incidental take from additional traffic, increased human presence, increased urban runoff, and degradation of the riparian area and other suitable habitat. In addition, roads and other development can be a barrier to movements and can effectively isolate populations. Indirect impacts such as noise or vibration may cause nest/den failure or abandonment of a nest/den of listed species. General Plan Update 2040 Draft Environmental Impact Report 4.10-39 City of Chowchilla 4.10 BIOLOGICAL RESOURCES 4.10.2.1.a Proposed 2040 General Plan Policies and Implementation Measures that Provide Mitigation The proposed General Plan Update contains a number of policies and mitigation measures that will assist in reducing this impact. The following list contains those policies and action items that include specific, enforceable requirements and/or restrictions and corresponding performance standards that address this impact. The reader is referred to Section 4.9, Hydrology and Water Quality, for existing City standards and programs as well as proposed General Plan Update policy provisions that address water quality. Policy LU-17.1: The City supports the Madera County General Plan objectives and policies that: 1. Direct new industrial and commercial development to cities; 2. Require new residential development to be contiguous to urban development and to annex to the City; and 3. Maintain limited agriculture land use designations within the City's General Plan Planning Area boundary. Policy LU-17.2 The City supports the Madera County General Plan objectives and policies which protect agricultural lands by: 1. Maintaining large parcel sizes and preventing the development of incompatible urban uses; 2. Specifically maintaining large parcels adjacent to urban areas prior to conversion to urban uses; and 3. Preventing the division of parcels less than ten acres in size within the City's General Plan Planning Area. Policy LU-7.3: New development on the fringes of the City shall recognize the right of agriculture to exist and continue to operate in proximity to the development. Deed restrictions may be required which inform future residents of the right of agriculture to continue within the limits of the law without interference or protest from nearby property owners. Policy LU-17.4: The City will seek an agreement with Madera County to control and regulate growth east of the Planning Area boundary at Road 19 and SR 99 to maintain an agricultural buffer of at least ½ mile between the community of Fairmead and the City. In no circumstances shall public utilities or services be extended beyond the eastern Planning Area boundary that will promote or allow urban growth in the buffer area unless a reasonable position can be taken that such infrastructure is necessary to support only the HSR Heavy Maintenance Facility, extension of major road facilities that provide improved access to the State system, or another major jobs producing industry. General Plan Update 2040 Draft Environmental Impact Report 4.10-40 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Policy LU-17.5: The City prefers contiguous urban development within the General Plan Planning Area; however this may not always be feasible or possible given short-term ownership and development financial constraints. Development farther than one half mile from existing urban uses shall be discouraged. Policy LU-17.6: Urban development shall only occur within the City. Any urban development requiring basic City services shall occur within the incorporated City and within the Planning Area, subject to findings that the development is not a premature use of agricultural land. Policy LU-17.7: Land designated on the Land Use Map as “Urban Reserve” and in agricultural production should not be converted to urban uses until all the following findings are made: 1. The subject land is in the Secondary Planning Area and a master plan has been prepared acceptable to the City and that there is a compelling reason why adequate growth within the Planning Area can not accommodate the planned growth in the City, or the growth is reasonably necessary to serve the needs of the HSR Heavy Maintenance Facility, extension of major road facilities that provide improved access to the State system, or another major jobs producing industry 2. That the development of the land will contribute to the establishment of a stable urban limit and represents contiguous urban development; 3. The land is needed to fill next ten year’s projected growth; 4. More than 50 percent of the land designated in the City for urban uses has been developed or is under a tentative map; 5. The land is necessary to maintain 150% of projected urban need; and 6. Annexation would not otherwise create substantial infrastructure limitations. Policy OS-1.1: Coordinate with Madera County in the creation of a greenbelt / open space buffer around the perimeter of the City of Chowchilla Sphere of Influence boundary. Implementation Measure OS 1.1.A The City of Chowchilla shall work with Madera County to preserve agricultural uses. Policy OS 1.2: Use open space in new development at the edge of the City of Chowchilla Sphere of Influence boundary to create a greenbelt that delineates the edge of the City’s urban area. General Plan Update 2040 Draft Environmental Impact Report 4.10-41 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Policy OS-2.1: Prior to annexing any Williamson Act lands, the City shall adopt guidelines consistent with state laws that have specific criteria for agricultural conversion. Policy OS-2.2 The City shall work with the County to preserve lands dedicated as “Agriculture” within and adjacent to the City Sphere of Influence boundaries. Policy OS-8.1 Existing agricultural areas in the Planning Area shall be retained in agricultural use until the time that such areas are needed for logical urban expansion. Policy OS-8.2 Encourage the use of landscaped open space as a buffer between potentially non-compatible land uses. Policy OS-8.3 Land designated Agricultural in the Planning Area may be converted to urban uses if the following findings are made: a. Conversion to urban use will not be detrimental to the long term agricultural use of neighboring properties. b. No other land within the Planning Area is readily available for urban development of the quality and intensity proposed by a development proposal. c. The extension of major infrastructure through the land is necessary for the efficient cost effective implementation of the City’s General Plan. d. That the proposal is consistent with Land Use policies regarding conversion of Agricultural lands. Policy OS-9.1 Identify land for the encouragement and retention of agricultural use outside the City’s Sphere of Influence boundary based on the historic use, soil suitability, agricultural significance and prevailing parcel sizes of the land. Policy OS-9.2 Establish an agriculture conservation program for the preservation of valuable agricultural land outside the City’s Sphere of Influence from urban development through the use of appropriate development regulations and /or financial incentives. Implementation Measure OS 9.2.A The City shall explore the possibility of establishing a fee program for all new development in Chowchilla for the conservation and preservation of agricultural land. General Plan Update 2040 Draft Environmental Impact Report 4.10-42 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Implementation Measure OS 9.2.B The City shall evaluate proactive programs for agricultural conservation and preservation such as transfer of development rights, purchase lease back, public and / or private university purchase for research, etc. Policy OS-9.3 Coordinate programs to preserve agricultural lands with other public, private and non-profit organizations where feasible. Policy OS-13.1 To the extent feasible, maintain sloughs and water courses within the Chowchilla Planning Area as components of a possible recreational trail system. Public access within sensitive habitat areas of the sloughs or waterways shall be considered individually to ensure protection of the habitat resource. Implementation Measure OS 13.1.A The City shall pursue the development of a recreation trail system along Ash Slough and Berenda Slough that connects the urban area and Berenda Reservoir (See City of Chowchilla Land Use Map located in pocket at end of document). Policy OS-13.3 Where appropriate and feasible, establish permanent mechanisms to protect wetlands and riparian corridors. Implementation Measure OS-13.3.A The City shall preserve natural water courses, wetlands and riparian corridors through requirements of land dedication and open space improvement imposed during the land development process. Implementation Measure OS-13.3.B Establish programs in connection with environmental review processes to protect endangered wildlife and their habitats. Programs established to protect wildlife and their habitats may provide for the permanent protection or relocation of wildlife habitat areas. Policy OS-13.4 Avoid the potential adverse impacts of increased human activity on sensitive habitat areas when establishing new recreational facilities or programs. Policy OS-13.6 The City of Chowchilla shall support the management of riparian scrub and aquatic environments of Ash Slough, Berenda Slough and of the Chowchilla River for passive recreation, groundwater recharge, and wildlife habitat. The riparian and aquatic environments of Ash and Berenda Sloughs, and the Chowchilla General Plan Update 2040 Draft Environmental Impact Report 4.10-43 City of Chowchilla 4.10 BIOLOGICAL RESOURCES River shall be restored and expanded, where feasible and appropriate. Policy OS-13.7 New and redevelopment projects adjacent to Ash Slough or Berenda Slough are to be carefully planned and, where possible, designed to avoid existing riparian scrub vegetation and aquatic wildlife habitat. Policy OS-13.8 Lighting associated with new and redevelopment projects adjacent to Ash Slough or Berenda Slough shall be designed to prevent artificial lighting from illuminating adjacent natural areas at a level greater than one candle foot above ambient conditions. Policy OS-13.9 Prior to approval of a project (i.e., specific plan, master plan, General Plan Amendment, pre- or re-zone, tentative map, etc.) the City of Chowchilla shall require a biological study to be prepared by a qualified biologist for the project site. Projects excluded from preparing a biological study prior to approval are projects within the Chowchilla City Limits that are more than 500 feet away from either Ash or Berenda Sloughs. Policy OS-13.10 On development sites with the potential to contain wetland resources, a wetlands delineation shall be prepared by a qualified biologist using the protocol defined by the U.S. Army Corps of Engineers. A report on the findings of the wetland delineation shall be submitted to the City of Chowchilla as part of the project application process. Policy OS-13.11 The City of Chowchilla shall maintain a no net loss of wetlands on a project-by-project basis. For the purpose of identifying wetlands, the City will accept a map delineating wetlands which has been accepted by the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act of 1972. No net loss may include mitigation implementation through participation in an off-site mitigation bank or similar mitigation mechanism acceptable to the City and permitting agencies. Policy PF-7.1: Natural and manmade channels, detention basins, and other drainage facilities shall be maintained to ensure that their full use and carrying capacity is not impaired. Policy PF-7.2: Continue to require new development to discharge storm water runoff at volumes no greater than the capacity of any portion of the existing downstream system by utilizing detention or retention or other approved methods, unless the project is providing drainage pursuant to an adopted drainage plan. General Plan Update 2040 Draft Environmental Impact Report 4.10-44 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Implementation Measure PF 7.2.A Consolidate policies, programs, and standards for flood control and storm drainage in a Storm Drainage ordinance. Policy PF-7.3: When necessary, require new development to prepare hydrologic studies to assess storm runoff effects on the local drainage system and, if warranted, require new development to provide adequate drainage facilities and to mitigate increases in storm water flows and / or volume to avoid cumulative increases in downstream flows. Implementation Measure PF 7.3.A Development projects requiring disposal of stormwater into Ash Slough, Berenda Slough, or Chowchilla River shall provide a hydrological assessment of a project’s potential effects on the local and regional storm drainage systems, so that the City can determine appropriate mitigation to ensure that system capacity and peak flow restrictions are not exceeded. Policy PF-7.4: New and redevelopment projects shall prepare and provide to the City appropriate drainage studies that assess project storm runoff affects on the City storm drain system, as well as provide appropriate storm drainage facilities to ensure an increase risk of on- or off-site flooding does not result from project implementation. 4.10.2.1.a(1) Mitigation Measures Implementation of the policies and implementation measures listed above would ensure that impacts to special-status species are identified and mitigated to ensure viability of the species, and ensure that habitat areas are avoided or mitigated if avoidance is determined to be infeasible. As such, this impact is considered less than significant. 4.10.2.2 General Plan Impacts to Species of Concern and Other Non-Listed Special-status Species Implementation of the proposed General Plan Update could result in direct and indirect loss of habitat and individuals of animal and plant species of concern and other nonlisted special-status species. However, the proposed General Plan Update includes policies and action items that would ensure that impacts to species of concern are adequately mitigated. This impact will be less than significant. Direct Impacts of the Proposed General Plan Update Suitable habitat exists in the Planning Area for unlisted, but nonetheless, special-status species. These species are designated as a species of concern by USFWS or CDFG and/or listed in CNPS’s online inventory as List 2. Direct impacts to these species will occur for the same reasons and in the same manner as direct impacts to listed species General Plan Update 2040 Draft Environmental Impact Report 4.10-45 City of Chowchilla 4.10 BIOLOGICAL RESOURCES as identified and discussed in Impact 4.10.1 above. See Table 4.10 - 5, below, for information on the acreage of suitable habitat that will be affected by implementation of the proposed General Plan Update. Table 4.10 - 5 Species of Concern and Non-Listed Special-status Species Organized by Land Cover Types Within the Planning Area Land Cover Type Common Name Impacted Acreage within the Planning Area Loggerhead shrike California horned lark Agricultural Lands Burrowing owl 5,879 Migratory Non-game Birds of Management Concern Special-status bat species Golden Eagle(foraging) Western spadefoot toad Western pond turtle Tri-colored blackbird (foraging) Loggerhead shrike California horned lark Annual Grasslands Burrowing owl Sharp-shinned Hawk(foraging) 490 Ferruginous Hawk(foraging) Coopers Hawk(foraging) Merlin(foraging) American badger Special-status bat species American badger Loggerhead shrike Ruderal California horned lark Burrowing owl 0 Western Mastiff Bat Loggerhead shrike Coopers Hawk California horned lizard California horned lark Riverine/Riparian Long-eared Owl Short-eared Owl 140 Western pond turtle Northern Harrier Western Mastiff Bat Migratory Non-game Birds California linderiella Molestan blister beetle Wetlands/Open Water Western spadefoot toad Western pond turtle 179 Migratory Non-game Birds Tri-colored blackbird TOTAL 6,688 General Plan Update 2040 Draft Environmental Impact Report 4.10-46 City of Chowchilla 4.10 BIOLOGICAL RESOURCES A detailed description of species habitat and foraging locations and possibility of each can be found in Table 4.10 - 3 and Table 4.10 - 4. Discussion of Direct Impacts to Special-status Plant Species Direct impacts to non-listed special-status plant species will occur for the same reasons and in the same manner as they will for listed special-status plant species. See Impact 4.10.1 for a discussion of impacts to special-status plant species. Discussion of Direct Impacts to Western Spadefoot Toad Western spadefoot toad, a California species of special concern, is found in seasonally ponded water and associated upland habitat. The direct removal or degradation of 490 acres of annual grassland habitat may result in direct take of the species. If species is present during construction activities, adverse effects from construction activities could result in the mortality or injury to western spadefoot toad. Discussion of Direct Impacts to Western Pond Turtle Suitable habitat for western pond turtle, a California species of special concern, occurs in the Planning Area, specifically around the Berenda Reservoir. The Ash and Berenda Slough corridors do not provide sufficient habitat due to limited duration of flows. It is the goal of CDFG to maintain viable populations of this species as declining population levels, limited ranges, and/or continuing threats have made them increasingly vulnerable to regional extirpation. The western pond turtle requires the protection of suitable nesting sites and the reduction of mortality in the younger age groups to maintain viable populations. It is possible that habitat for the Western Pond Turtle can be found around Berenda Reservoir. If construction activities occur in aquatic habitat (e.g., wetland, riparian, pond) or upland habitat (e.g., surrounding annual grassland or woodlands), direct effects could occur if individual western pond turtles were present. Adverse effects from construction activities could result in killing or injuring western pond turtles or the disturbance/destruction of habitat. Discussion of Direct Impacts to Tri-colored Blackbird Tri-colored blackbirds nest in dense vegetation such as tules, cattails, or blackberries, similar to the upland and Berenda Reservoir areas of the Genera Plan Area. Removal of vegetation during nesting activities could result in direct mortality of this species. In addition, noise, vibration, and other construction activities could disrupt nesting and foraging activities, which may inadvertently cause nest failure. Discussion of Direct Impacts to Burrowing Owl During construction activities, subsequent projects under the General Plan Update have the potential to cause direct mortality of or harm to burrowing owl (a California species of special concern) if this species is present during grading or earthmoving work. The Planning Area contains numerous sites where there are small mammal burrows that this species may inhabit. Burrowing owl habitat is present within the ruderal habitat (vacant General Plan Update 2040 Draft Environmental Impact Report 4.10-47 City of Chowchilla 4.10 BIOLOGICAL RESOURCES lands) and annual grasslands within the Planning Area. Burrowing owls frequently occur in areas used by ground squirrels and will excavate old burrows to use as their own. Construction of the subsequent projects under the General Plan Update may interfere with nesting activities, if nests are present within 150 meters (500 feet) of construction activities. There is potential that project construction could inadvertently compact occupied burrows. These actions could result in direct loss (or take) of a burrowing owl if construction activities disrupt the breeding of this special-status species or destroy a burrow that is actively being used by a burrowing owl. Discussion of Direct Impacts to Migratory Birds and Raptors Implementation of the General Plan Update will result in disturbance, degradation, and removal of large trees for nesting and foraging habitat. Large trees provide nesting habitat for migratory birds and raptors including great egret, great blue heron, killdeer, red-tailed hawk, red-shouldered hawk, and American kestrel. The General Plan Update will result in potential development of approximately 6,688 acres of open space. Many raptors or birds of prey prefer low-growing cropland such as alfalfa fields and grassland for foraging. Increased conversion of farmland into residential and commercial development will significantly reduce the foraging habitat for these raptor species. In addition, development of the Planning Area will reduce the number of trees available as suitable nesting sites. These actions could result in direct loss (or take) of protected migratory birds and raptors through direct removal of an active nest or habitat degradation. Discussion of Direct Impacts to Special-status Bats The western mastiff bat and other special-status bat species have the potential to occur within the Planning Area. Habitat for these species vary and include snags, the loose bark of a tree, other vegetation, rock overhangs, manmade structures, caves, and culverts. Construction activities can result in direct mortality of individuals or the entire roosting colony. Disturbance of significant roost sites can result in a significant impact on regional populations. Discussion of Direct Impacts to American Badger Direct mortality of an American badger may occur if this species is present during construction activities. This species retreats to underground dens if threatened. There is the potential that the badger could be affected during construction due to compaction or earthmoving activities. Additionally, if construction activities occur during the breeding season, badger pups in maternal dens could also be impacted by compaction or earthmoving activities. If a badger den is located within or adjacent to construction activities, there is potential that direct take of the species could occur. Indirect Impacts of the General Plan Update Indirect impacts to these species will occur for similar reasons as those identified in Impact 4.10.2.1. Indirect impacts to habitat for non-listed, special-status species will most likely be less than the total impact identified above. The mitigating effect of many General Plan Update 2040 Draft Environmental Impact Report 4.10-48 City of Chowchilla 4.10 BIOLOGICAL RESOURCES of the policies and action items in the proposed General Plan Update, addressing protection of biological resources, will ultimately reduce actual impacts. In estimating the amount of acreage potentially impacted, this discussion considers the worst-case outcome of implementation of the proposed General Plan Update to ensure that potential environmental impacts are fully considered. In addition, some future development design proposals will be subject to additional environmental review, depending on whether all of the impacts of such proposals have been adequately considered in this DEIR. This environmental review may further reduce the indirect impacts of the proposed General Plan Update on non-listed special-status species. Therefore, the total acreage of indirect impacts likely will be less. As the final design of development and roadways to be constructed under the General Plan Update cannot be known, the actual quantity of habitat impacted may vary greatly. Discussion of Indirect Impacts to Special-status Plant Species See discussion of impacts to special-status plant species above. Discussion of Indirect Impacts to Special-status Wildlife Species In addition to the indirect impacts to special-status wildlife species discussed above, additional indirect impacts may occur to western pond turtle and special-status bat species with the implementation of the General Plan Update. Indirect effects to western pond turtle habitat downstream of subsequent projects under the General Plan Update could occur if water quality were degraded by sediment transported downstream. Sediment derived from construction activities or erosion could also eliminate food sources in the waterways within the Planning Area; however, existing programs and standards as well as proposed General Plan Update policy provisions outlined above relating to hydrology and water quality, will ensure that water quality will not be significantly degraded by the project. For special-status bat species, construction activities near or adjacent to a roosting site may indirectly impact the species. Disturbance may include removal of vegetation surrounding or immediately adjacent to a cave or tunnel entrance, changes to airflow within the cave, or alteration of water flows and ground hydrology in the surrounding area. Changes in their habitat, including increase in noise and vibrations, can severely affect the survivorship of the young if construction occurs adjacent to maternity colonies during spring and summer breeding and the subsequent raising of young. 4.10.2.2.a Proposed General Plan Policies and Implementation Measures that Provide Mitigation The proposed General Plan Update contains policies and implementation measures that would assist in reducing this impact. Those policies listed in Section 4.10.2.1.a above contain specific, enforceable requirements and/or restrictions and corresponding performance standards that address this impact. Implementation of the policies would ensure that impacts to special-status species are identified and mitigated to ensure viability of the species, and ensure that habitat areas are avoided or mitigated if General Plan Update 2040 Draft Environmental Impact Report 4.10-49 City of Chowchilla 4.10 BIOLOGICAL RESOURCES avoidance is determined to be infeasible. significant. This impact is considered less than 4.10.2.2.a(1) Mitigation Measures None beyond Implementation of the policies and implementation measures listed Section 4.10.2.1.a above. 4.10.2.3 General Plan Impacts to Sensitive Habitats Implementation of the proposed General Plan Update will result in disturbance, degradation, and removal of sensitive habitats/biological communities. Implementation of the proposed 2040 General Plan Update could result in disturbance, degradation, and removal of up to 490 acres of annual grassland habitat which generally has a high potential to support vernal pools, a CDFG sensitive habitat. Vernal pools require the surrounding upland habitat to maintain their habitat value and function. Approximately 179 acres of wetland and open water habitat would also be in direct conflict with the proposed land use designation (e.g., industrial, residential, and other built environment) (see Table 4.10 - 5). To additionally provide buffering of the wetlands an open space corridor will implemented along Berenda and Ash Sloughs and their banks, as well as Berenda Reservoir and its banks. This corridor will serve as a buffer between urban uses and the natural habitat of the Berenda Reservoir and Berenda and Ash Sloughs. As Figure 4.10 - 7 and Figure 4.10 - 8 depict wetland and vernal pool habitats do not readily exist within the Planning Area. Vernal Pool habitats do exist within the Sphere of Influence and the Secondary Planning Area, except for the northeast corner of the sphere, which is planned to remain as Urban Reserve Agricultural land. Other areas designated as vernal pool sites are either in areas that are continually disturbed by discing during weed abatement processes or are on industrial or agricultural land and are created by on-site drainage or irrigation run-off. Implementation of the General Plan Update could also result in disturbance of riparian habitat (potentially up to 140 acres), and will result in the conversion of farmland (approximately 6,688 acres) that provides habitat to listed species such as the Swainson’s hawk. This is considered a significant impact. 4.10.2.3.a Proposed General Plan Policies and Implementation Measures that Provide Mitigation The proposed General Plan Update contains policies and implementation measures that will assist in reducing this impact. Those policies listed in Section 4.10.2.1.a above contain specific, enforceable requirements and/or restrictions and corresponding performance standards that address this impact. However, implementation of the proposed General Plan Update could still result in the loss of substantial sensitive habitat areas and farmland utilized by state and federally listed species. Given the extent of this potential conversion (approximately 6,688 acres of habitat), this impact is considered significant and unavoidable. No feasible mitigation is available to offset the extent of this impact of the proposed General Plan Update. General Plan Update 2040 Draft Environmental Impact Report 4.10-50 City of Chowchilla 4.10 BIOLOGICAL RESOURCES 4.10.2.3.a(1) Mitigation Measures Implementation of the above-referenced General Plan Update policies will limit sensitive habitat impacts. However, implementation of the proposed General Plan Update could still result in the loss of substantial sensitive habitat areas and farmland utilized by state and federally listed species. Given the extent of this potential conversion (approximately 6,688 acres of habitat), this impact is considered significant and unavoidable. No feasible mitigation is available to offset the extent of this impact of the proposed General Plan Update. While the proposed General Plan Update policy provisions assist in minimizing conversion of agricultural lands to urban by establishing a greenbelt to contain urban growth and buffer agricultural uses from urban land uses, the General Plan Update will still result in the loss of substantial sensitive habitat areas and farmland utilized by state and federally listed species. There are no feasible mitigation measures available to offset this loss of farmland, as important farmland cannot be easily created to offset the conversion of such land expected. Thus, this impact is considered significant and unavoidable. 4.10.2.4 General Plan Impacts to Migratory Corridors Implementation of the proposed 2040 General Plan Update could interfere substantially with the movement of native resident or migratory fish or wildlife species. However, the proposed General Plan Update includes policies that will ensure that impacts to specialstatus species are adequately mitigated. Although this portion of the San Joaquin Valley is a part of the Pacific Flyway, implementation of the General Plan Update will not result in the obstruction of the movement of migratory birds. Migratory birds may, however, use the wetlands, waterways, agricultural lands, detention ponds, irrigation ditches, and wastewater treatment ponds during migration. The major area with remaining natural lands includes the riparian corridors which provide adequate cover and vegetation to be used as a migratory corridor for common and special-status wildlife species. Corridors provided by streams and drainages within the Planning Area provide important routes for species moving through the area as well as local species that use these corridors to spread to new habitat, to mate, and to disperse genetic material. Large riparian areas such as the Ash Slough and Berenda Slough provide movement corridors as well. In addition to ephemeral drainages, streams, and rivers, large areas of undeveloped land (agricultural) such as those found in the western and eastern portions of the Planning Area provide habitat and cover for other species moving through the area and between habitats within the Planning Area. Implementation of the proposed General Plan Update could result in disturbance, degradation, and removal of riparian corridors, an important corridor for the movement of common and special-status species. In addition open space, including agricultural lands and annual grasslands, provide an opportunity for dispersal and migration of wildlife species. General Plan Update 2040 Draft Environmental Impact Report 4.10-51 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Large-scale development of the Planning Area (approximately 10,109 acres of land) identified in the General Plan Update could isolate these areas and impact movement corridors. Additionally, construction of roadways and improvement of existing roadways could serve to sever and/or further sever connections between habitats and cover types in the Planning Area. This impact will be less than significant. 4.10.2.4.a Proposed General Plan Policies and Implementation Measures that Provide Mitigation The proposed General Plan Update contains policies and implementation measures that will assist in reducing this impact as discussed above in Section 4.10.2.1.a. Those policies and implementation measures contain specific, enforceable requirements and/or restrictions and corresponding performance standards that address this impact. Implementation of the policies and action items referenced above will ensure that impacts to special-status species are mitigated to ensure viability of the species (which will include consideration of movement needs) and ensure that habitat areas are avoided or mitigated if avoidance is determined to be infeasible. 4.10.2.4.a(1) Mitigation Measures None beyond Implementation of the policies and implementation measures listed Section 4.10.2.1.a above. 4.10.2.5 General Plan Conflict with Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Any Adopted Biological Resources Recovery or Conservation Plan of Any Federal or State Agency Implementation of the 2040 General Plan Update will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any adopted biological resources recovery or conservation plan of any federal or state agency. There will be no impact. The project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Although the City of Chowchilla is within the boundaries of the Recovery Plan for Upland Species of the San Joaquin Valley (USFWS 1998), the General Plan Update does not conflict with the Recovery Plan. A discussion of potential impacts to sensitive habitats within the Planning Area can be found in the Recovery Plan for Upland Species of the San Joaquin Valley, California, and the U.S. Fish and Wildlife Service Draft Vernal Pool Recovery Plan. No further analysis of the issue is required. General Plan Update 2040 Draft Environmental Impact Report 4.10-52 City of Chowchilla 4.10 BIOLOGICAL RESOURCES 4.10.2.6 4.10.2.6.a Rancho Calera Rancho Calera Specific Plan Impact to Candidate, Sensitive or Special Statue Species The proposed Rancho Calera Specific Plan project will not have an adverse effect, either directly or indirectly, through habitat modifications on any species identified as a candidate, sensitive or special statue species in local, regional, State or Federal plans, policies or regulation. Live Oak Associates, Inc., in their preparation of the Biological Study for this EIR, completed a focused study on the Rancho Calera Specific Plan Area. Their study states that there is not sufficient habitat to support any species identified as candidate, sensitive or special statue species based on site observation and past and current agricultural and weed abatement process. Figure 4.10 - 10 shows the location of the Rancho Calera project. A portion of the 576 acre project (440 acres) is located within the existing Chowchilla City Limits (northeasterly portion of the City.) The remaining 136 acres are located to the west of the existing City Limits, between SR 99 and the City Limits. Approximately 145 acres are proposed to be annexed to the City (136 acres of which are in the Rancho Calera Specific Plan project). Ash Slough forms the northern boundary of the Rancho Calera project. The project area is currently vacant fallow farmland, except for a 20 acre remnant vineyard and an elementary school which was constructed and then opened in 2008 on land located within the City Limits, (approximately in the center of the project area; see Figure 4.10 - 11). Figure 4.10 - 10 Rancho Calera Project Location General Plan Update 2040 Draft Environmental Impact Report 4.10-53 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Figure 4.10 - 11 Rancho Calera Specific Plan Land Use Site observation, as well as records searches, performed by Live Oak Associates, Inc., show that the site lacks suitable habitat for candidate and sensitive species; this information can be seen in Figure 4.10 - 3, Figure 4.10 - 4, Figure 4.10 - 7 and Figure 4.10 - 8 in this section for this EIR. The project area is annually disced as for weed abatement. In the past, the project area was planted in vineyard and field crops. Both past and present activities have created an environment that is not a hospitable habitat for feral terrestrial or avian animals. As shown in the above listed figures, observed and recorded data of candidate and special status species shows that the likelihood is low. Figure 4.10 - 8 shows recorded vernal pool locations. Although the map shows that there are two vernal pool locations at the southern boundary of the project area, they are listed as having “no information” available by the U.S. Fish and Wildlife Service. These vernal pools correspond with drainage ditches contiguous to Avenue 26/East Robertson Boulevard, that are occasionally covered up during discing activities but fill with water during heavy rain events. Vernal pool habitats were not observed during Live Oak Associates, Inc. site reconnaissance. The possibility of Burrowing Owls is likely because the site is mostly fallow land. Typically for fallow land which may have squirrel burrows, the City routinely requires pre-construction surveys for Burrowing Owls. This standard mitigation measure also applies to this proposed project. Because Rancho Calera has prepared a detailed Specific Plan that includes design standards to minimize conflicts with biological resources and a preponderance of the site has long been fallow and the remnant 20 acre vineyard will be terminated early in General Plan Update 2040 Draft Environmental Impact Report 4.10-54 City of Chowchilla 4.10 BIOLOGICAL RESOURCES project development and annexation of 145 acres will eliminate a County island in City most of which is fallow; and the location is adjacent to a developing area of existing City, the project considered to have a less than significant impact on biological resources when the Specific Plan standards and General Plan policies implemented in addition to the below specific mitigation measure. the the the are 4.10.2.6.a(1) Mitigation Measures None required beyond the Chowchilla 2040 General Plan Policies and implementation of the Specific Plan design standards and the following specific Mitigation Measure. 4.10.2.6.a.(1) i The owner, developer and/or successor’s in interest shall be required to retain a qualified biologist who shall conduct a pre-construction survey for Burrowing Owls within 30 days of the on-set of project construction for any phase of development. This survey shall be conducted according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995). If pre-construction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, establish an appropriate construction free setback around these nests until the conclusion of the breeding season. The distance of the setback should be determined by a qualified ornithologist in consultation with the CDFG. At the conclusion of the nesting season these owls may be relocated. If pre-construction surveys undertaken during the nonbreeding season (August through January) locate resident owls, these individuals may be relocated to alternative habitat. The relocation of resident owls shall be conducted according to a relocation plan prepared by a qualified biologist in consultation with the California Department of Fish and Game. Passive relocation as described in Draft Report on Burrowing Owl Mitigation shall be the preferred method of relocation. The plan shall provide for the owl’s relocation to nearby lands possessing available nesting habitat Level of Significance After Mitigation Less than Significant. Mitigation Implementation and Monitoring Responsibility Implementation: The City of Chowchilla Community Development Department through the Annexation, Subdivision Map, and project review processes shall be responsible for General Plan Update 2040 Draft Environmental Impact Report 4.10-55 City of Chowchilla 4.10 BIOLOGICAL RESOURCES recommending findings of consistency with the General Plan and the Rancho Calera Specific Plan. The Chowchilla Planning Commission and City Council are responsible for adopting such findings of consistency prior to project approval. Monitoring: The various implementing departments of the City of Chowchilla are responsible for administering the City's Site Plan Review and Subdivision Ordinance processes. An application for a Certificate of Occupancy is required prior to completing a project. The conditions of approval are checked prior to issuing a Certificate of Occupancy. The City of Chowchilla Community Development Department is responsible for reporting progress on implementing mitigation measures in an annual Mitigation Monitoring and Reporting report provided to the City Council. 4.10.2.6.b Rancho Calera Impact to Riparian Habitat or Other Sensitive Natural Community The Rancho Calera Specific Plan project is located south of Ash Slough; the projects northern boundary is contiguous with the Ash slough corridor. The City of Chowchilla General Plan specifies that Ash Slough is to be designated as an irrigated open space corridor and that no development will occur within its boundaries. This buffer is between 100 and 500 feet from the toe of the nearest bank of Ash Slough depending on location. The proposed project has designed into its master plan open space/parkland buffers to separate residential development from the southern boundary of the Ash Slough open space corridor boundary. Figure 4.10 - 10 and Figure 4.10 - 11 depict the location of Ash Slough to the proposed project and the location of the open space/parkland buffer areas. Approximately 3,000 acre feet per year of water have been redirected from the Chowchilla Water District irrigation system to the slough in order to recharge the water table in the slough area. Also a portion of the internal stormwater infrastructure will be redistributed into the Ash Slough area. A series of landscaped drainage basins located in the linear park/open space buffer between urban uses and Ash Slough will collect a portion stormwater from within the Specific Plan area. The remainder of stormwater will be diverted via existing infrastructure in East Robertson Boulevard to an existing basin south of the proposed project (basin located in the existing Greenhills subdivision). Both mixed-use and commercial zones will retain all stormwater on-site. The existing school site will retain 75% of its stormwater on-site, with the remaining 25% will be diverted to the Ash Slough linear park/Open space buffer area. The internal stormwater system will collect sediments through natural filtration devices and debris collectors. This will be done by routing stormwater drainage through wetland pretreatment areas to aid filtration before recharge into Ash Slough. Rancho Calera has prepared a detailed Specific Plan that includes design standards to minimize wetlands and Ash Slough. A preponderance of the site has long been disturbed by intensive agriculture and is now fallow and annually disced except for a remnant 20 acre vineyard remaining that will be terminated early in project development. Annexation of 145 acres will eliminate a County island in the City most of which is fallow; and the location is adjacent to a developing area of the existing City. General Plan Update 2040 Draft Environmental Impact Report 4.10-56 City of Chowchilla 4.10 BIOLOGICAL RESOURCES The Rancho Calera Specific Plan project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wild Life Service. There will be a less than significant impact. 4.10.2.6.b(1) Mitigation Measures None required beyond the Chowchilla 2040 General Plan Policies and implementation of the Specific Plan design standards. Level of Significance After Mitigation Less than Significant. Mitigation Implementation and Monitoring Responsibility Implementation: The City of Chowchilla Community Development Department through the Annexation, Subdivision Map, and project review processes shall be responsible for recommending findings of consistency with the General Plan and the Rancho Calera Specific Plan. The Chowchilla Planning Commission and City Council are responsible for adopting such findings of consistency prior to project approval. Monitoring: The various implementing departments of the City of Chowchilla are responsible for administering the City's Site Plan Review and Subdivision Ordinance processes. An application for a Certificate of Occupancy is required prior to completing a project. The conditions of approval are checked prior to issuing a Certificate of Occupancy. The City of Chowchilla Community Development Department is responsible for reporting progress on implementing mitigation measures in an annual Mitigation Monitoring and Reporting report provided to the City Council. 4.10.2.6.c Rancho Calera Effect on Federally Protected Wetlands as Defined by Section 404 of the Clean Water Act According to Figure 4.10 - 7 and Figure 4.10 - 8, the U.S. Fish and Wildlife Services does not list any federally protected wetlands (as defined in Section 404 of the Clean Water Act. Ash Slough is located adjacent to the northern project area boundary. Ash Slough is designated as an open space corridor in the Chowchilla 2040 General Plan and in the Rancho Calera Specific Plan. This corridor has been designed to protect the slough from urban encroachment that may effect wetlands. Open space buffers and storm drainage systems have been designed into the Rancho Calera Specific Plan to further mitigate impacts to Ash Slough. Rancho Calera has participated with the Chowchilla Water District to increase the amount of area of Ash Slough that contains water during the irrigation season and added 3,000 acre feet of ground water recharge to the stream course. As shown in Figure 4.10 - 7, two wetland areas have been defined by the U.S. Fish and Wildlife Service. These areas are defined as having no information recorded by the U.S. Fish and Wildlife Service. Based on site evaluations by Live Oak Associates, Inc. General Plan Update 2040 Draft Environmental Impact Report 4.10-57 City of Chowchilla 4.10 BIOLOGICAL RESOURCES and records by the property owners, the project area consists of highly disturbed agricultural land. This project area consists of fallow land except for an elementary school that was constructed and began operation in 2008 and a 20 acre remnant vineyard. The project area, except for the elementary school site, is annually disced as part of the owner’s weed abatement program. The two possible wetland areas are located along East Robertson Boulevard. These wetlands correspond with drainage ditches contiguous to East Robertson Boulevard, which are occasionally covered up during discing activities, but fill with storm water during heavy rain events. Vernal pool habitats were not observed during Live Oak Associates, Inc. site reconnaissance. These shallow ground depressions are created when discing by the tilling discs and/or tractor wheels or other grading activities on and off the property along East Robertson Blvd. Currently, there are no culverts located along East Robertson Blvd. within the Rancho Calera Project Area. Approximately 3,000 acre feet of water will be redirected per year from the Chowchilla Water District irrigation system to the slough in order to recharge the water table in the Ash Slough area. Also a portion of the internal stormwater infrastructure will be collected in the open/space buffer area separating the project from Ash Slough. A series of shallow landscaped drainage swales located in the linear open space buffer between urban uses and Ash Slough will collect a portion stormwater from within the Specific Plan area. The remainder of stormwater will be diverted via existing infrastructure in East Robertson Boulevard to an existing basin south of the proposed project (basin located in the existing Greenhills subdivision). Both mixed-use and commercial zones will retain all stormwater on-site. The existing school site will retain 75% of its stormwater on-site; with the remaining 25% will be diverted to the Ash Slough linear park/Open space buffer area. The internal stormwater system will collect sediments through natural filtration devices and debris collectors. This will be done by routing stormwater drainage through wetland pretreatment areas to aid filtration before recharge. Rancho Calera has prepared a detailed Specific Plan that includes design standards to minimize wetlands and Ash Slough. A preponderance of the site has long been disturbed by intensive agriculture and is now fallow and annually disced except for a remnant 20 acre vineyard remaining that will be terminated early in project development. Annexation of 145 acres will eliminate a County island in the City most of which is fallow; and the location is adjacent to a developing area of the existing City. The Rancho Calera Specific Plan project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. There will be a less than significant impact. 4.10.2.6.c(1) Mitigation Measures None required beyond the Chowchilla 2040 General Plan Policies and implementation of the Specific Plan design standards. General Plan Update 2040 Draft Environmental Impact Report 4.10-58 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Level of Significance After Mitigation Less than Significant. Mitigation Implementation and Monitoring Responsibility Implementation: The City of Chowchilla Community Development Department through the Annexation, Subdivision Map, and project review processes shall be responsible for recommending findings of consistency with the General Plan and the Rancho Calera Specific Plan. The Chowchilla Planning Commission and City Council are responsible for adopting such findings of consistency prior to project approval. Monitoring: The various implementing departments of the City of Chowchilla are responsible for administering the City's Site Plan Review and Subdivision Ordinance processes. An application for a Certificate of Occupancy is required prior to completing a project. The conditions of approval are checked prior to issuing a Certificate of Occupancy. The City of Chowchilla Community Development Department is responsible for reporting progress on implementing mitigation measures in an annual Mitigation Monitoring and Reporting report provided to the City Council. 4.10.2.6.d Impede movement of any native resident or migratory fish or wildlife species, or established native resident, or migratory wildlife corridors or the use of native wildlife nursery sites The Rancho Calera Specific Plan project will not Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The proposed project will not substantially affect the movements of resident or migratory species. According to the Biological Study drafted by Live Oak Associates, Inc., the likelihood of migratory or native resident fish and wildlife species traversing the project area as part of their migratory patterns is relatively low and there are no wildlife nursery sites located within the site or near vicinity of Chowchilla. The site, although located adjacent to Ash Slough, it has been highly disturbed in the past by agricultural practices and in the present by construction and weed abatement practices on and around the project area. It is located on the eastern edge of existing development. A majority of the project area is within the Chowchilla City limits, and the existing Greenhills subdivision and Shopping Center is located south of the project area, across East Robertson Boulevard. An elementary school was constructed on the site, approximately 1,500 feet south of Ash Slough, in 2008. The amount of traffic traveling East Robertson Boulevard to the commercial services and residential subdivision south of the project area, as well as traffic entering the project area in route to the elementary school lessen the possibility of species migrating through the project area. Because of its close proximity to existing development, according to Live Oak Associates, Inc., there is not a high concentration of fish or wildlife species living within the Ash Slough open space corridor; please see Figure 4.10 - 3 for location of species General Plan Update 2040 Draft Environmental Impact Report 4.10-59 City of Chowchilla 4.10 BIOLOGICAL RESOURCES within the Chowchilla 2040 Planning Area and the Rancho Calera Specific Plan area. Although this is the case, various species could still, from time to time, use the slough and project area during their migration. To mitigate this, an open space/parkland buffer has been designed into the proposed project in order to allow any species that may happen to be migrating thorough the slough as safe corridor to move. With the mitigation measures included in the General Plan and the design of the Rancho Calera Specific Plan there will be a less than significant impact to the migratory patterns of resident or migratory fish or wildlife species, or established native resident, or migratory wildlife corridors or the use of wildlife nursery sites. 4.10.2.6.d(1) Mitigation Measures None required beyond the Chowchilla 2040 General Plan Policies and implementation of the Specific Plan design standards. Level of Significance After Mitigation Less than Significant. Mitigation Implementation and Monitoring Responsibility Implementation: The City of Chowchilla Community Development Department through the Annexation, Subdivision Map, and project review processes shall be responsible for recommending findings of consistency with the General Plan and the Rancho Calera Specific Plan. The Chowchilla Planning Commission and City Council are responsible for adopting such findings of consistency prior to project approval. Monitoring: The various implementing departments of the City of Chowchilla are responsible for administering the City's Site Plan Review and Subdivision Ordinance processes. An application for a Certificate of Occupancy is required prior to completing a project. The conditions of approval are checked prior to issuing a Certificate of Occupancy. The City of Chowchilla Community Development Department is responsible for reporting progress on implementing mitigation measures in an annual Mitigation Monitoring and Reporting report provided to the City Council. 4.10.2.6.e Rancho Calera Impact on Policies or Ordinances Protecting Biological Resources The Rancho Calera Specific Plan project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. The Rancho Calera Specific Plan area is mostly devoid of trees except for small groupings located adjacent to two structures on the western end of the site. The City of Chowchilla does not implement any policies or ordinances, other than what can be found in the 2040 General plan that protects biological resources. The only ordinance the City does have relates to the historic palm trees planted along West Robertson General Plan Update 2040 Draft Environmental Impact Report 4.10-60 City of Chowchilla 4.10 BIOLOGICAL RESOURCES Boulevard/SR 233 and a residential tree planting standard. The Rancho Calera Specific Plan is not within the Robertson Boulevard Palm Tree Preservation area. An open space/parkland buffer has been designed into the Rancho Calera project to buffer and transition the riparian scrubland located within Ash Slough to the proposed urban uses found within the Specific Plan. The buffer area will insure that the scrubland found within the Ash Slough is preserved. The Chowchilla 2040 General Plan promotes the preservation of mature shade trees (Policy OS 13.5). It is City’s practice to require that mature trees, as long as they do not conflict with approved lotting configurations and/or street right-of-ways, be preserved. The preservation of the existing mature trees will be addressed during the Tentative Subdivision Map process or in the case of commercial in the Site Plan Review process. By use of applicable policies found within the Chowchilla 2040 General Plan and City approval processes, the Rancho Calera Specific Plan will have no impact to conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. 4.10.2.6.f Rancho Calera Impact on a Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or state habitat conservation plan The Rancho Calera Specific Plan project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or state habitat conservation plan. There will be no impact. According to City’s General Plan, there is not an adopted Habitat, Natural Community Conservation Plan or any other approve local, regional or state habitat conservation plan for the adjacent Ash Slough or the Rancho Calera Specific Plan area. The Chowchilla 2040 General Plan does contain policies within its Open Space and Conservation Element that protects the adjacent Ash Slough corridor. The Rancho Calera Specific Plan has designed open space buffer that further protects the Ash Slough with an open space corridor from proposed urban impacts. General Plan Update 2040 Draft Environmental Impact Report 4.10-61 City of Chowchilla 4.10 BIOLOGICAL RESOURCES REFERENCES California Department of Fish and Game (CDFG). 2000. Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities. California Department of Fish and Game, Rancho Cordova, California. City of Chowchilla 2040 Draft General Plan, 2010. Live Oak Associates, Inc. 2005. Chowchilla General Plan Biotic Section of EIR with Three Focus and Four Special Areas of Interest. Rancho Calera Master Plan. 2009. U.S. Fish and Wildlife Services. 2010. Web Mapper Services General Plan Update 2040 Draft Environmental Impact Report 4.10-62 City of Chowchilla