BIOLOGICAL ASSESSMENT ENDANGERED SPECIES ACT SECTION 7 CONSULTATION

NORTH SHORE AT MILLERTON LAKE

Prepared by

LIVE OAK ASSOCIATES, INC.

David Hartesveldt, B.A. Principal/Wetland Scientist

Prepared for:

Friant Development Corporation Attention: John Kesterson, President

7740 North Fresno Street, #104 Fresno, California 93720

June 4, 2013 File No. 675-02

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TABLE OF CONTENTS LIST OF FIGURES .................................................................................................................... iii

I. INTRODUCTION ................................................................................................................... 1

II. DESCRIPTION OF THE PROPOSED PROJECT ........................................................... 7

III. ACTION AREA ................................................................................................................. 28

IV. SPECIES/CRITICAL HABITAT CONSIDERED ......................................................... 28

V. EFFECTS ANALYSIS ........................................................................................................ 52

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LIST OF FIGURES

Figure 1. Vicinity Map Figure 2. USGS Map Figure 3a. Land Use Plan: South Unit Figure 3b. Land Use Plan: North Unit Figure 4. Created Ponds: Plan, Profile, and Elevation Figure 5. Proposed Project – Phasing Plan Figure 6. Mitigation Phase 1 Figure 7. Mitigation Phases 2 & 3 Figure 8. Mitigation Phase 1 – Constructed Wetland, South Unit Figure 9. North and South Grazing Units Figure 10. California Tiger Salamander Occurrences Figure 11. Federally-listed Plant and Animal Species Occurrences Figure 12. San Joaquin Kit Fox Occurrences Figure 13. Onsite Observations of Hartweg’s Golden Sunburst, VELB Habitat and CTS Figure 14. Soils Figure 15. Relationship of Succulent Owl’s-Clover Critical Habitat to Project Site Figure 16. Relationship of Vernal Pool Fairy Shrimp Critical Habitat to Project Site Figure 17. Relationship of California Tiger Salamander Critical Habitat to Project Site Figure 18. Relationship of San Joaquin Valley Orcutt Grass Critical Habitat to Project Site Figure 19. Relationship of Hairy Orcutt Grass Critical Habitat to Project Site Figure 20. Relationship of Greene’s Tuctoria Critical Habitat to Project Site Figure 21. Project Site in Relation to Core Area of Southern Sierra Foothills Vernal Pool

Region

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Figure 22. Biotic Habitats Figure 23. Relationship of Higher and Lower Density CTS Aestivation Zones. Figure 24. Areas of Proposed Development with Slopes Greater Than 60% Located Greater

Than 0.4 Mile from Potential CTS Breeding Habitat

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BIOLOGICAL ASSESSMENT NORTH SHORE AT MILLERTON LAKE SPECIFIC PLAN

I. INTRODUCTION

Friant Development Corporation (FDC) proposes to implement the approved North Shore at

Millerton Lake master-planned community project in Madera County, California (hereafter

referred to as the Project). The Project is located on 2,103 acres on the northwest side of

Millerton Lake (hereafter referred to as the Project Site). The Project will permanently convert

380.8 acres of the site to residences, a small commercial/office development, community

facilities, and associated roads and infrastructure. An additional 329.4 acres will remain as open

space, much of which will be landscaped, irrigated with tertiary treated effluent, or used for the

construction of storm drain basins and reclaimed water features. Approximately 7.5 acres of

land is designated for community parks, while an additional 7.8-acre parcel is being conveyed to

the Dumna Wo-Wa Tribe of Native Americans. Approximately 3.8 acres of off-site lands will

be used for project access and localized road widening. The Project will create six new seasonal

ponds designed to provide breeding habitat for the California tiger salamander (Ambystoma

californiense); these ponds will occupy approximately 1.0 acre of a larger 1,377.5-acre area to

be protected in perpetuity as the North Shore at Millerton Lake Conservation Area (NSMCA).

FDC is seeking a permit from the U.S. Army Corps of Engineers (USACE) under Section 404

of the Clean Water Act to fill certain “waters of the United States” as part of project

construction. Given the potential impact of the Project on species listed as threatened or

endangered under the federal Endangered Species Act (ESA), the USACE will initiate formal

consultation with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the

ESA. This Biological Assessment provides the basis for determining the potential effects of the

Project on listed species and designated Critical Habitat for such species. It also assists the

USFWS in complying with the ESA requirement to use the best scientific and commercial

information available.

The Project Site is located at the north end of the Rio Mesa Planning Area and consists of two

contiguous units, one located due north and the other due west of Millerton Lake (Figure 1).

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These units are referred to in this report as the North Unit and the South Unit. Each unit has one

to two miles of Millerton Lake frontage. The site can be found in Sections 28, 31, 32, 33 of

Township 10 south, Range 21 east and Section 5 and 6 of Township 11 south, Range 21 east,

Mount Diablo Base and Meridian (Figure 2).

Threatened or Endangered Species The following federally listed species, and species proposed for listing, occur in the general

vicinity of the Project Site, and therefore potentially occur on it.

Status Codes for the Species Listed Below:

FE Federally Endangered FT Federally Threatened FC Federal Candidate for Listing Threatened or Endangered CE California Endangered CR California Rare CT California Threatened CSC California Species of Special Concern CNPS California Native Plant Society Listing

Invertebrates

Vernal pool fairy shrimp (Branchinecta lynchi) (FT) Vernal pool tadpole shrimp (Lepidurus packardi) (FE)

Valley elderberry longhorn beetle (Desmocerus californica dimorphus) (FT)

Fish

Spring-run Chinook salmon (Onchorhynchus tshawytscha) (FT, CT) Central Valley steelhead (Onchorhynchus mykiss) (FT)

Amphibians

California tiger salamander, central population (Ambystoma californiense) (FT, CT) California red-legged frog (Rana draytonii) (FT, CSC)

Birds

Western yellow-billed cuckoo (Coccyzus americanus occidentalis) (FC, CE) Mammals

Fresno kangaroo rat (Dipodomys nitratoides exilis) (FE, CE) San Joaquin kit fox (Vulpes macrotis mutica) (FE, CT)

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Plants (CNPS listing status also shown)

Carpenteria (Carpenteria californica) (FPT, CT) Succulent owl’s-clover (Castilleja campestris ssp. succulenta) (FT, CE, CNPS 1B)

Hoover’s spurge (Chamaesyce hooveri) (FT, CNPS 1B) San Joaquin orcutt grass (Orcuttia inaequalis) (FT, CR, CNPS 1B) Hairy orcutt grass (Orcuttia pilosa) (FE, CE, CNPS 1B) Hartweg’s golden sunburst (Pseudobahia bahiifolia) (FE, CE, CNPS 1B)

San Joaquin adobe sunburst (Pseudobahia peirsonii) (FT, CE, CNPS 1B) Greene’s tuctoria (Tuctoria greenei) (FE, CR, CNPS 1B) Consultation History to Date

Informal consultations between the Project proponent and the USFWS, California Department of

Fish and Wildlife (CDFW), and the USACE have occurred on a number of occasions. Agencies

and personnel consulted to date have been listed in Table 1 in the chronological order that

consultation occurred.

Table 1. North Shore At Millerton Lake: List of Federal and State Agency Meetings and Correspondence, 2004-2012.

Agency Date Agency Staff Attendees Topic

CDFW, Millerton State Recreation Area (SRA)

6/2/2004 Dan Applebee, Donna Daniels, Michael Jackson, Kathy Wood, Scott Wassmund, Wayne Harrison, Kevin Forrester, Dave Hartesveldt

Presented project, open space maintenance plan, etc.

USACE, USEPA, USFWS

11/4/2004 Meeting with Kathy Norton, (USACE), Jorine Compopiano (EPA), Susan Jones (USFWS)

Pre-application meeting in Sacramento.

CDFW 6/1/2007 Letter from W.E. Loudermilk, Regional Manager, Region 4, CDFW

Comment letter on draft EIR.

USFWS 6/12/2007 Letter from Peter Cross, Deputy Assistant Field Supervisor, USFWS

Comment letter on draft EIR.

CDFW, San Joaquin (SJ) River Parkway Trust, Millerton SRA, Sierra Foothill Conservancy (SFC)

7/24/2007 Julie Vance, Annee Ferranti, Jess Cooper, Al Orozco, Dave Koehler, Chuck Peck, Coke and James Hallowell

Met with combined group, discussed, concerns, take permits, agreed to on-going meetings.

CDFW, SJ River Parkway Trust, Millerton SRA

8/14/2007 Julie Vance, Annee Ferrani, Steve Juarez, Jess Cooper, Scott Wassman, Dave Keohler, Chuck Peck

Meeting at River Trust office. Discussed acquisition of entire property as conserva-tion easement, uses and mitigations, Cottonwood Creek restoration.

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Table 1 (cont.). North Shore At Millerton Lake: List of Federal and State Agency Meetings and Correspondence, 2004-2012.

Agency Date Agency Staff Attendees Topic

CDFW, USFWS, USACE, Millerton SRA Madera County Planning Dept.

8/16/2007 Julie Vance, Annee Ferranti, Tim Kuhn, Susan Jones, Mike Kinsey

Meeting at Madera RMA - Refresher of NFV-1 project and EIR. Live Oak Assoc. provided biological analysis. Agency Q&A. NFV-1 Q&A. Ray Beach explained county housing needs. CDFW stated that a mitigation understanding was needed.

CDFW, SJ River Parkway Trust, Millerton SRA, SFC

9/4/2007 Annee Ferranti, Jess Cooper, Dave Koehler, Chuck Peck

Meeting series, discussed land acquisition process, species of interest, take of listed species, possible mitigation measures, etc.

CDFW, SJ River Parkway Trust

10/29/2008 Julie Vance, Jeff Single, Justin Sloan, Bob Epperson, Jess Cooper, Jon Zaugg, Dave Koehler, Coke Hallowell, Madera County staff

Discussed: CTS - candidate status, trails, concerns about well pumping and effect on Cottonwood Creek.

CDFW 7/13/2009 Julie Vance, Justin Sloan Jad Dennis met with Julie Vance and Justin Sloan to discuss possible revised project.

CDFW 9/24/2009 Julie Vance, Justin Sloan, Dave Moser, Dave Hartesveldt, Jad Dennis, Mike Slater, John Ennis

Discussed North Shore “revised project”, including entire North Unit of the property dedicated to habitat preserve. Survey results and habitat quality also discussed.

USACE 10/28/2009 Letter from Paul Maniccia, Chief, California South Branch of the USACE

Verification/preliminary jurisdictional determination of waters of the U.S. on the North Shore at Millerton Lake Site.

CDFW, USFWS 2/26/2010 Meeting with Justin Sloan and Julie Vance of CDFW, and Kellie Berry and Susan Jones of USFWS

Presentation of revised project with intent of seeking feedback from CDFW and USFWS.

CDFW, USFWS 3/10/2010 Justin Sloan of CDFW and Kellie Berry of USFWS

Meeting in field with Justin Sloan and Kellie Berry to review revised site plan and familiarize both with the Project Site.

USACE 8/25/2011 Erin Hanlon of USACE Overview of project and anticipated permit needs.

USACE 4/25/2012 Dave Hartesveldt Dave sent revised mitigation and monitoring plan to Erin Hanlon (USACE) by overnight mail

CDFW, USFWS 8/2/2012 Meeting with Annee Ferranti, Steve Hulbert and Justin Sloan

Powerpoint presentation, re-introduction of project

CDFW, USFWS 8/23/2012 Meeting with Annee Ferranti, Steve Hulbert and Justin Sloan

Suggested to expand BA, shoreline acreage decreased value, emphasize biology, stay away from 'ratios'

USACE 10/25/2012 Paul Maniccia, Kathy Norton FDC travelled to Sac to discuss wetlands mitigations

CDFW, USFWS, USACE

11/7/2012 Annee Ferranti, Steve Hulbert (Justin Sloan unable to attend)

CDFW, USFWS are working together on project, no detailed discussion without USFWS in attendance

CDFW, USFWS, USACE

11/26/2012 Julie Vance, Annee Ferranti, Steve Hulbert, Justin Sloan, Kathy Norton (via phone) with Dave H. and Mark Jennings

Developed a verbal understanding of project CTS mitigation requirements to revise the submitted mitigation plan

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II. DESCRIPTION OF THE PROPOSED PROJECT

Federal Agencies with Jurisdiction over the Proposed Project

The only federal agency with permit and/or approval authority over the Project is the USACE.

FDC has applied to the USACE for a Clean Water Act Section 404 individual permit authorizing

the filling of approximately 153,375 square feet (3.521 acres) of waters of the United States.

The Applicant The Project applicant is:

Friant Development Corporation Attention: John Kesterson, President 7740 North Fresno Street, #104 Fresno, California 93720

Project Purpose

The purpose of the North Shore at Millerton Lake Project is to develop a comprehensive master-

planned community in southeast Madera County and thereby help to meet the housing needs of

the County while recognizing the site’s unique setting and historical heritage. The community

will have a multi-generational character designed to appeal to single home owners, emerging

families, families with school age children, empty-nesters and active seniors. The emphasis will

be on promoting a healthy outdoor-oriented lifestyle by interacting with the vast areas of open

space within the Project.

Project Description

North Shore at Millerton Lake (Project) is a master-planned community located on the northwest

shore of Millerton Lake, in Madera County (Figures 3a and 3b). The Project Site is

approximately 20 miles north of downtown Fresno, and 12 miles north of the newest

commercial, office core area of the City of Fresno. Millerton Lake is located on the San Joaquin

River, which divides Fresno and Madera Counties. The Project Site is located on approximately

2,103 acres of foothill cattle grazing land. The North Shore at Millerton Lake is within an easy

15 minute commute to north Fresno via Friant Road, a recently completed 4-lane expressway.

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Figure 3a. Land Use Plan, South Unit.

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Figure 3b. Land Use Plan, North Unit.

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With well over 75% of the land area committed to open space, the Project envisions offering a

series of neighborhoods of varying affordability levels in a less crowded environment where

residents can enjoy an active outdoor-oriented lifestyle.

The Project is a master-planned community consisting of medium to very low density residential

and a small commercial land use. In addition, there are areas for community facilities and parks.

There are substantial amounts of open space within the Project. The open space is divided into

community open space which will be maintained in its natural state, and an Open Space Preserve

which will be permanently protected through a conservation easement and managed for the

benefit of special-status species. The preserve areas will not be open to residents or the public,

but will be managed exclusively for their conservation values. The community open space will

have a system of community hiking trails which will be linked to the San Joaquin River Parkway

trail system. The Project has established a “no-build” zone to create a protective buffer for

Millerton Lake and the Millerton Lake State Recreation Area.

Cottonwood Creek, a seasonal tributary of the San Joaquin River, flows from northwest to

southeast through the southwestern portion of the Project Site. Although the Project requires two

bridge crossings, the creek bed will otherwise be protected by a setback of 100 feet or more, and

will be restored to a natural state. The Project Site contains several locations of archeological

significance which have been linked to the local Dumna Wo-Wah Tribe. A 7.8-acre site will be

conveyed to the Dumna Tribe, and although the Tribe has expressed an interest in locating a

cultural center on the site sometime in the future, the nature and timing of a future cultural

center, or other tribal use, is not currently known. The Tribe has also been granted access to

certain areas of cultural and historic significance within areas to be protected under conservation

easement. Other known cultural sites will remain undisturbed and protected within the

designated Open Space Preserve.

Detailed Description of the Proposed Land Uses. The Project has the potential to impact a

total of 730.3 acres (Figures 3a and 3b). Impacts within the South Unit will consist of the 380.8-

acre mixed use community, 329.4-acre community open space, 7.5 acres to be developed as

community parks, and 0.2 acre to be used for the construction of one potential breeding pond for

the California tiger salamander (CTS), for a total of 717.9 acres. Impacts within the North Unit

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will consist of the 7.8-acre parcel to be conveyed to the Dumna Indian Tribe and 0.8 acre to be

used for the construction of five potential CTS breeding ponds, for a total of 8.6 acres. Off-site

impacts will consist of 1.8 acres to be used for project access and 2.0 acres to be used for

localized road widening, for a total of 3.8 acres.

Impacts will result from the following project elements:

Very Low Density Residential (VLDR). The very low density residential category consists of

detached single-family residences at densities of 0.1 to 1.0 units per acre. Site topography

provides for clustering and arrangement of the home sites to fully take advantage of the scenery

and views associated with the property, while minimizing land disturbance and grading, and

leaving large areas of open space interspersed between clusters or strings of homes.

Low Density Residential (LDR). The low density residential category consists of detached

single-family residences at densities of 1.0 to 1.75 units per acre. Site topography encourages

and the envisioned concept provides for, clustering and arrangement of the home sites to fully

take advantage of the scenery and views associated with the property, while minimizing land

disturbance and grading, and leaving large areas of open space interspersed between clusters or

strings of homes. The home sites will not be evenly spaced on one or one-and-three-quarter acre

parcels, but rather clustered wherever possible to ensure open space gaps between individual

home sites.

Medium Density Residential (MDR). The medium density residential category permits single-

family residences at densities of 5.0 to 12.0 units per acre. These densities would occupy

neighborhoods which might include traditional street and lot layout, but could also include

various lot sizes and circulation designs in a planned unit development. Individual planning

areas or neighborhoods within the Project allow for the flexibility to also include patio or zero-

lot-line homes that can provide various levels of affordability.

Commercial/Office (C/O). The commercial/office designation allows for smaller stores, shops,

dry cleaners and other service providers as well as offices for medical, dental, legal, real estate

and other professionals.

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Parks (PK). Community parks of various sizes will be provided as shown in Figures 3a and 3b.

Amenities will be located in these designated park areas, including playground equipment, PAR

courses (family outdoor exercise areas), picnic facilities, etc.

Community Facilities/Schools (P/SP). The community facilities and schools category provides

for the location of water and waste water treatment facilities and schools appropriate to the

educational needs of the future residents.

Open Space Preserve (OS-PR). Approximately 892.1 acres of the North Unit and 485.4 acres of

the South Unit, or 1,377.5 acres total, will be set aside for the protection and recovery of certain

special-status species and to mitigate the impacts of development to those species (“North Shore

at Millerton Lake Conservation Area”). These preserve lands are to be managed exclusively for

their biological resource values and will not be accessible to the public or the residents of North

Shore at Millerton Lake. They will be actively managed to maximize habitat values for native

species per the provisions of a long-term management plan. Approximately 1 acre of the

NSMCA will be used for the construction of six seasonal ponds designed to provide suitable

breeding habitat for the CTS. Five ponds totaling approximately 0.76 acre will be constructed on

the North Unit, and one pond approximately 0.2 acre in size will be constructed on the South

Unit. Construction of the six ponds constitute the only project-related impact that will occur on

the NSMCA.

Open Space Natural (OS-N). The open space natural designation will include approximately

329.4 acres of open space that are not preserve lands, but also will not be built upon. Some of

these lands will be irrigated with tertiary treated reclaimed water. The residents of the

development will have limited access to this open space via designated footpaths, and mowed

firebreaks will be provided as needed adjacent to homes and project infrastructure. These open

space lands will otherwise remain undisturbed.

Tribal Land (IND1). Approximately 7.8 acres of the North Unit will be granted in fee to the

Dumna Tribal Council.

Off-Site Improvements. Where Road 145 and Road 206 enter the South Unit of the Project Site,

project access improvements will result in 0.14 acre and 1.66 acres of off-site impacts,

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respectively. Widening of both county road segments will result in an additional 2 acres of off-

site impacts within Madera County right-of-way.

Table 2. Summary of Land Uses, North Shore at Millerton Lake

Stormwater Drainage System. Within the Project, drainage zones and tributary areas have been

designated based upon natural terrain and existing drainage paths within the Specific Plan area.

Storm runoff currently drains into the Cottonwood Creek watershed to the south and into

Millerton Lake to the north. Approximately 4.9 acres of on-site detention basins will be

constructed to detain, clean, and release storm flows back into the natural drainage course. The

majority of detention facilities will be constructed in existing drainage channels, with the

objective of minimizing impacts to delineated waters of the United States and the natural

drainage condition. All basins will include some element of retention to promote groundwater

recharge. FDC will construct natural treatment system basins that will also function as habitat

for native plant and wildlife species per the US EPA Technical Fact Sheet on Storm Water

Wetlands.

Wastewater Treatment System. A wastewater treatment plant is planned within the South Unit,

along the west property line, just east of the Road 206 and Road 145 intersection. Wastewater

will be treated to a tertiary level in conformance with the State of California, Title 22

requirements.

On Site Water Distribution System. The water system for North Shore is comprised of seven

(7) wells and a series of discrete water pressure zones, the largest being a gravity fed zone. Each

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zone will have a minimum of two points of connection, while pumped zones will have a

redundant booster station design. The water system will be sized to meet Madera County fire

flow standards.

Creation of CTS Breeding Ponds. Five new seasonal ponds will be constructed in the

northeastern portion of North Unit and one new pond will be constructed near the north

boundary of the South Unit. These ponds will be designed to provide suitable breeding habitat

for the CTS. The ponds will be 0.23, 0.13, 0.14, 0.16, 0.10, and 0.2 acres in size, for a total of

0.96 acres of created CTS breeding habitat (for the purposes of this report the area of created

CTS breeding habitat is rounded to the nearest acre). All will be constructed by impounding

wetland drainages or seeps with 5’ earthen fill (Figure 4). The ponds will hold water for 4-5

months during years of average rainfall. Selection of pond sites was based on their location

within a sufficient drainage tributary, their relative distance from the Millerton Lake State

Recreation Area, and the expectation that steep drainage topography downstream of the pond

sites would limit the dispersal of bullfrogs into the constructed ponds. All created ponds will be

protected under conservation easement as part of the NSMCA.

Project Start and End Times. Projected start of construction (ultimately determined by market

conditions and a number of other unknowns) will be March of 2014. Projected build-out will

occur in five phases over a ten-year to twenty-year period. Thus, the Project is expected to be

completed in March of 2024-2034.

How the Construction Will be Carried Out. Design and engineering of the various elements

of the development (internal roads, building lots, water supply system, wastewater system,

reclaimed water system, storm water system, electrical supply system, gas supply system,

telephone and cable systems) will be carried out by qualified engineering firms specializing in

each discipline. Construction will be executed by contractors and sub-contractors with

specialized skills and equipment in each step of the construction process.

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Within the 730.3 acres designated as project footprint, construction activities will include those

appropriate for:

• Creation of roads, where appropriate bridges over natural drainages, paved parking areas,

etc; • Installation of domestic water pipelines; • Installation of sewer lines, waste water treatment facility, and spray facilities for effluent; • Installation of power and phone lines; • Creation of building pads; • Creation of six seasonal ponds.

Construction activities required to build the Project will include the following: grading, scraping,

scarifying, blasting, clearing and grubbing, excavating, trenching, staging, rock grinding,

material separation and production, material laydown, drilling, stockpiling, paving, concrete

washout, and operation of large trucks on project roads for delivery of construction material.

Ingress and egress will be via project roads identified on Figure 3a. Initial site grading will occur

during daylight hours of the dry season (April 1 through October 15th or the first rain event

delivering more than 0.5 inches of rain, whichever comes first). Other construction activities not

involving grading will occur at any time through the year.

Construction Access. Construction access will be via existing paved Madera County Road 206

and Road 145. Existing unimproved roads into the Project Site will provide initial access to

construction areas, but new roads will be constructed as part of the Project. These new roads will

provide access to all areas to be developed according to the development plan.

Staging/Laydown Areas. Staging areas will be adjacent to Madera County Road 206 in

appropriate pre-determined locations.

Construction Equipment and Techniques. Construction equipment will consist of heavy duty

bulldozers, graders, earth movers, trenchers, compactors, etc. of sufficient size and design to

adequately accomplish the project implementation goals. This equipment will be operated and

directed by skilled operators and field foremen utilizing the latest laser and global positioning

system (GPS) guided techniques.

June 4, 2013

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Impacts to Waters of the U.S and Sensitive Species. The Project will fill 3.521 acres of

jurisdictional waters, and has the potential to impact approximately 730.3 acres of upland habitat

that could theoretically be used for aestivation by California tiger salamanders. However, as will

be discussed in later sections, the project footprint is not uniformly suitable for CTS aestivation.

In fact, large portions of the project footprint may not support any aestivating CTS. The Project

also has the potential to adversely affect seven discontinuous populations of Hartweg’s golden

sunburst that collectively occupy 11.7 acres of the South Unit. However, the land on which

Hartweg’s golden sunburst occurs will be avoided and protected under conservation easement.

Duration of Temporary Impacts. Temporary and/or indirect impacts (noise, dust, construction

traffic, etc.) will persist on one part or another of the South Unit of the Project Site until all

Project related constructed is completed.

On-site Mitigation Measures. Approximately 1,377.5 acres of the Project Site will be

permanently preserved by a conservation easement deed as the NSMCA. The NSMCA will

provide a large block of undisturbed open space contiguous with larger blocks of open space

located immediately adjacent to the Site.

Project Phasing. The Project has been divided into five (5) Project Development Phases (PDP's)

to be implemented over an approximate 20-year period (Figure 5). Similarly, the NSMCA will

also be established in phases that correspond with the impacts created by each phase of Project

development. The first mitigation phase (Mitigation Phase 1) is shown as FA-1 on Figure 6 and

corresponds to the build-out of PDP - Phases 1 through 3 (Figure 5). A small, 14.6 acre swath of

land containing the primary drainage within the South Unit (Figure 5) will also be dedicated into

conservation easement as a part of Mitigation Phase 1. The second mitigation phase (Mitigation

Phase 2) is shown as FA-2 on Figure 7 corresponds to the build-out of PDP - Phase 4. The third

and last mitigation phase (Mitigation Phase 3) is shown as FA-3 on Figure 7 and corresponds to

the build-out of PDP - Phase 5. Mitigation Phase 3 contains all on-site populations of the

Hartweg’s golden sunburst. These development phases and corresponding mitigation phases are

discussed more thoroughly below and in other sections of this document.

June 4, 2013

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TABLE 2. PDP AND MITIGATION PHASING: ACREAGES Development

Phase Development Area (acres)

Mitigation Phase

Mitigation Area (acres)

1 200.7 1 906.7 2 34.8

3 59.2 4 37.2 2 250.1 5 49.0 3 220.7

Total 380.8 1,337.5

PDP Phases 1, 2, and 3 (Mitigation Phase 1)

Prior to breaking ground on Phases 1, 2, or 3, FDC will record a conservation easement deed on

the first phase of the NSMCA which will comprise 892.1 acres1

Mitigation Phase 1 of the NSMCA includes the construction of five (5) new impoundments

within the North Unit to serve as potential breeding habitat for the California tiger salamander.

The new water features will total approximately 0.70 acres while impacting approximately 0.07

acres of seasonal drainage and 0.05 acres of wetland swale/seep. A conservation easement deed

will not be recorded over the Mitigation Phase 1 lands of the North Unit until the five

impoundments have been constructed and accepted by the USACE as complete.

of the North Unit and 14.6 acres

of the South Unit (see Figures 5 and 6) and will establish an endowment to pay for the long-term

management and monitoring of both areas.

Mitigation Phase 1 of the NSMCA also includes 14.6 acres within the South Unit which lie along a

major drainage corridor, currently containing two cattle stock ponds. A new 3.74 acre wetland will

be constructed and is specifically tied to construction of PDP Phase 1 (Figure 8). This wetland will

be planted with native wetland species. A conservation easement deed will not be recorded over

the Mitigation Phase 1 lands of the South Unit until the constructed wetland has been accepted by

the USACE as complete.

Remaining lands within the South Unit that are planned as a future part of the NSMCA (Mitigation

Phases 2 and 3; 470.8 acres total) will be fenced and grazed as they have been for as long as the

1 The remaining 7.8 acres of the North Unit will be conveyed to the Dumna tribe.

June 4, 2013

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Figure 5. Proposed Project – Phasing Plan.

June 4, 2013

20

Figure 6. Mitigation Phase 1

South Unit 14.6 acres 3.74 acre

Wetland

FA-1: North Unit 892.1 acres

June 4, 2013

21

Figure 7. Mitigation Phases 2 & 3.

FA-2: South Unit 250.1 acres

FA-3: South Unit 220.7 acres

June 4, 2013

22

Figure 8. Mitigation Phase 1 – Constructed Wetland, South Unit

3.74 acre Wetland

June 4, 2013

23

FDC has owned them. These areas are shown in Figure 9 as “North Grazing” and “South

Grazing” units.

PDP – Phase 4 (Mitigation Phase 2)

Prior to the start of any grading on PDP - Phase 4, FDC will record a conservation easement

deed preserving in perpetuity Mitigation Phase 2 (approximately 250.1 acres) and establish an

endowment to pay for the long-term management and monitoring of this mitigation phase. This

easement area includes the northern portions of the South Unit and also includes the construction

of one (1) new impoundment to serve as potential breeding habitat for the California tiger

salamander. The new water feature will total approximately 0.20 acres while impacting

approximately 0.03 acres of seasonal drainage. A conservation easement deed will not be

recorded over Mitigation Phase 2 until the impoundment has been constructed and accepted by

the USACE as complete.

PDP – Phase 5 (Mitigation Phase 3

Prior to the start of any grading on PDP - Phase 5, FDC will record a conservation easement

deed preserving in perpetuity Mitigation Phase 3 (approximately 220.7 acres) of the NSMCA

and establish an endowment to pay for the long-term management and monitoring of this

mitigation phase. This easement area includes the entire Cottonwood Creek corridor, and the

seven discontinuous populations of Hartweg’s golden sunburst that occur on-site (Figure 7).

This easement area will only be partially fenced on the west and south property lines and along

the ridge of the plateau above the Cottonwood Creek riparian corridor. The fenced area will

additionally contain all known populations of the Hartweg’s golden sunburst and will also be

grazed as provided for in a USFWS-approved grazing plan. Grazing will not occur within the

riparian corridor of Cottonwood Creek in order to ensure native plant and tree species are able to

grow and flourish. Lastly, to prevent pedestrian access into the Cottonwood Creek riparian

corridor, a three-rail fence with avoidance signage will be installed between the new Cottonwood

Creek trail and the Cottonwood Creek riparian corridor.

The NSMCA and each of its constituent phases will also be subject to the provisions of a

USFWS-approved grazing plan. The purpose of the grazing plan is to maintain optimal

June 4, 2013

24

vegetation height and density for use of upland habitats by California ground squirrels and

subsequently by aestivating CTS, to limit the growth of plants that might compete with the

Hartweg’s golden sunburst, and limit the proliferation of non-native grasses and forbs across the

NSMCA.

General Avoidance and Minimization Measures

The applicant agrees to the following general measures to avoid and minimize impacts to

Hartweg’s golden sunburst, CTS, and other sensitive species that might occur on or pass through

the Project Site.

1. No ground-disturbing activities will be allowed outside of the project construction

boundary. Construction fencing shall be placed along the construction boundary to clearly mark the limits of ground disturbing activities.

2. All project-related traffic shall be restricted to designated access roads, routes and construction areas within the construction boundary. No vehicular or pedestrian traffic or staging areas shall be allowed outside of the designated construction boundary.

3. Prior to initiation of any site preparation/construction activities, a USFWS-approved biologist will conduct an education and training session for essential construction personnel (construction manager, superintendent, foreman). The training program will instruct personnel on the life history, ecology, and legal context of Hartweg’s golden sunburst, CTS, and other sensitive species and their habitats. Sign-up sheets identifying attendees and the contractor/company they represent will be provided to USFWS. The USFWS-approved biologist is responsible for training and informing staff on the avoidance and minimization procedures and legal context regarding listed species.

4. To prevent sediment, hazardous materials, and other pollutants from washing or running off into vernal swales and pools outside of the construction boundary, the Project applicant shall implement best management practices as identified in a Storm Water Pollution Prevention Plan (SWPPP) as mandated by the California Regional Water Quality Control Board (CRWQCB). A SWPPP shall be prepared for the Project and shall be uploaded to the CRWQCB web server as required.

5. All fueling and maintenance of vehicles and construction equipment shall occur within the construction boundary and at least 250 feet away from any water body. The Project applicant and their contractor shall ensure that habitats are not contaminated by fueling and maintenance materials during such operations. Should spills occur, the spills will be cleaned up in accordance with the SWPPP; if a spill occurs within 250 feet of a water body outside of the construction boundary, USFWS shall be notified immediately.

June 4, 2013

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Figure 9. North and South Grazing Units.

North Grazing Unit

South Grazing Unit

Fenceline

Fenceline

June 4, 2013

26

Avoidance and Minimization Measures for Hartweg’s Golden Sunburst

As discussed, the Project will avoid and preserve the 11.7 acres upon which on-site populations

of Hartweg’s golden sunburst occur. However, there is a potential for individual plants to be

damaged by trespass into the preserve area by construction personnel, equipment, and ultimately

residents. FDC agrees to the following measures, designed to avoid and minimize impacts to

Hartweg’s golden sunburst.

1. Notwithstanding the fact that the lands on which the Hartweg’s golden sunburst populations occur will not be formally incorporated into the NSMCA until the final phase of mitigation, fencing will be constructed around this phase prior to the start of construction.

2. Signage will be placed on the fencing at appropriate intervals, stating that enclosed lands are protected habitat for endangered species and no entry is permitted.

3. Lands within the NSMCA phase containing Hartweg’s golden sunburst will be managed according to the provisions of the grazing plan and long-term management plan described previously, even prior to the formal incorporation of this phase into the NSMCA.

Avoidance and Minimization Measures for the California Tiger Salamander

As discussed, the Project would permanently impact up to 730.3 acres of upland habitat that

could theoretically be used for aestivation by CTS, and may result in the incidental take of

individual CTS occurring therein. FDC agrees to the following measures, designed to avoid and

minimize impacts to the CTS.

1. One-way exclusion fencing designed to allow CTS to leave but not enter the construction site shall be erected along the perimeter of the construction footprint(s), under the supervision of a qualified biologist with experience in the design and installation of such fencing. Fencing will be installed prior to October 15 for construction activities commencing the following year, and will remain in place and in good repair for the duration of project development.

2. A salvage plan acceptable to USFWS and CDFW will be developed and implemented prior to the start of construction. Among other provisions, the plan will include hand-excavation of all California ground squirrel and Botta’s pocket gopher burrows within 0.25 mile of potential CTS breeding pools. If salamanders are discovered during hand-excavation, a biologist with a Section 10(a)(1)(A) recovery permit for CTS will relocate

June 4, 2013

27

the salamander(s) to an area pre-approved by USFWS and CDFW no more than one hour after capture.

3. FDC shall hire a USFWS- and CDFW-approved monitoring biologist who will be present on-site during initial ground-disturbing activities. The biologist will monitor construction activities daily throughout the initial ground-disturbing period to ensure that avoidance and minimization measures are being properly implemented and executed. Once initial ground-disturbing activities are completed, the monitoring biologist will remain available for site inspection as needed. If a salamander is observed within the Project Site by a worker, the worker will immediately inform the monitoring biologist. All work will halt and machinery will be turned off within 100 feet until a biologist with a Section 10(a)(1)(A) recovery permit for CTS removes the salamander from the work area. Captured salamanders will be relocated to areas pre-approved by USFWS and CDFW no more than one hour after capture.

4. During initial ground-disturbing activities, all maintenance and construction excavations greater than one foot deep will, at the end of each working day, 1) be completely covered with boards or other materials, 2) be completely filled in with dirt, or 3) include earthen escape ramps to prevent entrapment of CTS. The monitoring biologist shall examine holes when they are uncovered for the first time each day and periodically throughout the day for the duration of construction. Before such holes or trenches are filled, they will be thoroughly inspected for trapped animals. If CTS are discovered during these inspections, a biologist with a Section 10(a)(1)(A) recovery permit for CTS will translocate the salamander(s) to an area pre-approved by USFWS and CDFW no more than one hour after capture.

5. The proposed Project shall use materials for erosion control, such as filter fabrics, coconut coir matting, or fiber rolls in which the spaces between weaving or netting are small enough so as to not result in potential entrapment of salamanders (<1/4 square inch). No plastic netting materials are allowed.

6. The proposed Project shall eliminate attractions to CTS predators such as raccoons, crows, and ravens, by ensuring all food-related trash items such as wrappers, cans, bottles, and food scraps are disposed of in closed containers and removed at least once a week from the Project Site during the construction period.

7. FDC shall employ measures to discourage CTS from entering the constructed development. Such measures might include installation of raised curbs in the development, or modified fence design along NSMCA boundaries fronting the development, in which the bottom portion of the fence would be constructed of an impermeable material and partially buried. FDC will obtain approval from USFWS and CDFW for any measures to be employed prior to the start of construction.

8. If requested during or upon completion of construction activities, the USFWS- and CDFW-approved biologist will accompany agency personnel on an on-site inspection of the site to review proposed Project effects to the CTS and its habitats.

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III. ACTION AREA

The action area consists of the 2,103-acre Project Site and the 3.8 acres proposed for off-site

improvements. Both the North and the South Units are included as part of the action area, even

though only 8.6 acres of the North Unit have the potential to be impacted by the Project. The

North Unit has been included because (1) it is part of the same property as the South Unit, (2) the

majority of the North Unit will be part of a larger Open Space Preserve that includes some lands

of the South Unit, (3) the North Unit includes the 7.8-acre parcel to be conveyed to the Dumna

Tribe, upon which development may occur at some point in the future; and (4) approximately

0.76 acres of the North Unit will be used for the creation of 5 new ponds that will be suitable as

CTS breeding habitat. The Open Space Preserve to be established by the applicant will serve as

mitigation for possible project impacts to the CTS.

IV. SPECIES/CRITICAL HABITAT CONSIDERED

Several species of plants and animals within the state of California have low populations, limited

distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation

as the state’s human population grows and the habitats these species occupy are converted to

agricultural and urban uses. State and federal laws have provided the CDFW and the USFWS

with a mechanism for conserving and protecting the diversity of plant and animal species native

to the state. A sizable number of native plants and animals have been formally designated as

threatened or endangered under state and federal endangered species legislation. Several

federally-listed plant and animal species are known to occur or believed to occur on and near the

Project Site. These species, and their potential to occur on the Project Site, are listed in Table 3

on the following pages. The locations of nearby sightings of federally-listed species have been

shown in Figure 10 (CTS observations within a 3-mile radius of the Project Site), Figure 11

(Hartweg’s golden sunburst, succulent owl’s-clover, and vernal pool fairy shrimp observations

within a 3-mile radius of the Project Site), and Figure 12 (San Joaquin kit fox observations

within a 10-mile radius of the Project Site).

Sources of information for this table included California’s Wildlife, Volumes I, II, and III

(Zeiner et. al 1988 and 1990), California Natural Diversity Data Base (CDFW 2013),

Endangered and Threatened Wildlife and Plants (USFWS 2009), The Status of Rare,

MA

DE

RA

CO

FRE

SN

O C

O

LOA, 2009

LOA, 2009

LOA, 2009LOA, 2009

Live Oak Associates, Inc.

North Shore at Millerton LakeCalifornia Tiger Salamander

Project #Date Figure #2/21/2013 10675-02

Projec

t

Site

California Tiger Salamander observation

LEGEND

Sources:California Natural Diversity Database 1/2013Live Oak Associates, Inc. (LOA) Field Observations

MAD

ERA

COFR

ESNO

CO

ProposedDumnaProperty

Live Oak Associates, Inc.

North Shore at Millerton LakeFederally-Listed Plant & Animal Species

Project #Date Figure #4/23/2013 11675-02

Project

Site

0

approximate scale in miles

2 miles2 mi

Federally Listed SpeciesLEGEND

Hartweg's Golden SunburstVernal Pool Fairy ShrimpSucculent Owl's-clover

Sources:California Natural Diversity Database 4/2013

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$��% � �� �� �� �� �� �� �� �� �� �� �� �!� ��

12

June 4, 2013

32

Threatened, and Endangered Plants and Animals of California (CDFG 2005), and The

California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of

California (CNPS 2013). The CNDDB was used to search nine USGS 7.5 minute quadrangles

in the vicinity of the Project Site for federally-listed plant and animal species as well as natural

communities of special concern. These quads included Friant, Academy, Millerton Lake East,

Millerton Lake West, Little Table Mountain, Lanes Bridge, Fresno North, Clovis, and Round

Mountain.

Additional information used to develop Table 3 and Figures 10, 11, and 12 was collected while

conducting focused surveys for rare plants, invertebrates, amphibians, and wetlands on the

Project Site. These various surveys were conducted by Live Oak Associates, Inc. (LOA)

biologists during the spring of 2001, and in the years 2004 through 2010.

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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY. PLANTS (adapted from CDFW 2013 and CNPS 2013) Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence on the Project Site Carpenteria (Carpenteria californica)

FPT, CT

Several occurrences in Fresno Co. and one in Madera Co.; primarily in chaparral, but also in mixed hardwoods with shrub understory.

Absent. Suitable habitat was not present for this species, nor was it observed during field surveys conducted during the spring of 2004.

Succulent Owl’s Clover (Castilleja campestris ssp. succulenta)

FT, CE

Vernal pools and swales, valley foothills and grasslands; blooms April to May.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. The succulent owl’s-clover is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.

Hoover’s Spurge (Chamaesyce hooveri)

FT, CNPS 1B

Occurs in vernal pools of California’s Central Valley.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. The Hoover’s spurge is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.

San Joaquin Valley Orcutt Grass (Orcuttia ineaqualis)

FT, CE, CNPS 1B

Occurs in deep vernal pools of California’s Central Valley; blooms April to September.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. The San Joaquin Valley orcutt grass is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.

Hairy Orcutt Grass (Orcuttia pilosa)

FE, CE Vernal pools California’s Central Valley. Requires deep pools with prolonged periods of inundation; blooms May to September.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. The hairy orcutt grass is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.

Hartweg’s Golden Sunburst (Pseudobahia bahiifolia)

FE, CE Occurs in grasslands of the western foothills of the Sierra Nevada in volcanic pumice soils. Often found in soils of the Rocklin series; blooms March to April.

Present. Several discontinuous populations occur on a total of 11.7 acres of the South Unit of the site in soils of the Rocklin series west of Cottonwood Creek (CDFW 2013).

San Joaquin Adobe Sunburst (Pseudobahia peirsonii)

FT, CE Occurs in Centerville and Porterville heavy clay soils in valley and foothill grassland habitat; blooms March to April.

Absent. Porterville and Centerville clay soils are absent from the Project Site. Furthermore, the Site is approx. 12 miles north of the northern-most population of San Joaquin adobe sunburst and apparently out of its range (CDFW 2013).

Greene’s Tuctoria (Tuctoria greenei)

FE, CNPS 1B

Occurs in vernal pools of California’s Central Valley; blooms May to September.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. The Greene’s tuctoria is therefore considered absent from the portions of the site to be developed. Habitat for this species is marginal in the single vernal pool on the North Unit of the site.

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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY.

ANIMALS (adapted from CDFW 2013 and Zeiner 1988)

Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence on the Project Site Vernal Pool Fairy Shrimp (Branchinecta lynchi)

FT Primarily found in vernal pools of California’s Central Valley.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. Stock ponds and overflow pools adjacent to natural drainages provide marginal habitat for this species. No vernal pool fairy shrimp were found during permitted reconnaissance surveys of stock ponds and overflow pools in the spring of 2009.

Vernal Pool Tadpole Shrimp (Lepidurus packardi)

FE Primarily found in vernal pools of California’s Central Valley.

Unlikely. Vernal pools are absent from the South Unit of the Project Site. Stock ponds and overflow pools adjacent to natural drainages provide marginal habitat for this species. No tadpole shrimp were found during permitted reconnaissance surveys of stock ponds and overflow pools in the spring of 2009.

Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus)

FT Lives in mature elderberry shrubs of California’s Central Valley and Sierra Foothills.

Possible. Three elderberry shrubs occur on the North Unit of the Project Site. These shrubs provide potential habitat for the VELB. No elderberry shrubs occur on the South Unit.

Chinook Salmon (Spring Run) (Oncorhynchus tshawytscha)

FT , CT

Runs historically occurred in the Sacramento and San Joaquin Rivers and their tributaries. Spring-run Chinook salmon were extirpated from the San Joaquin River following the completion of the Friant Dam in 1942.

Absent. Spring-run Chinook salmon do not currently occur in the San Joaquin River or its tributaries, including Cottonwood Creek, which passes through the Project Site. However, fall runs of this species were recently reintroduced to the reach of the San Joaquin River between Friant Dam and the confluence with the Merced River. Reintroduction of spring runs are planned for the same reach.

Central Valley Steelhead (Oncorhynchus mykiss)

FT The anadromous form of the rainbow trout, native to Pacific streams from Alaska to Mexico. Runs occur in the San Joaquin River up to its confluence with the Merced River.

Absent. No steelhead currently occur in the San Joaquin River, to which Cottonwood Creek is tributary. Therefore, no steelhead would occur in Cottonwood Creek, which passes through the Project Site. It remains to be seen whether the San Joaquin River Restoration Program will be successful in returning steelhead to the upper reach of the San Joaquin River (below Friant Dam) and its tributaries.

California Tiger Salamander (Ambystoma californiense)

FT , CT Found primarily in annual grasslands; requires vernal pools for breeding and rodent burrows for refuge.

Present. LOA observed CTS larvae in two stock ponds, and an adult male in a third stock pond, on the Project Site’s North Unit in 2009. Ground squirrel and gopher burrows provide suitable aestivation habitat for this species adjacent to these three ponds. CTS were not observed in stock ponds of the South Unit at the time of larval surveys conducted during the spring of 2009 and 2010.

California Red-legged Frog (Rana draytonii)

FT, CSC

Occurs in permanent aquatic habitats such as creeks and ponds with emergent vegetation.

Absent. With the introduction of bullfrogs to the state, California red-legged frog populations have declined considerably. This species is thought to be extirpated from eastern Madera and Fresno Counties. Although perennial aquatic habitat required by this species is present in the Project Site (in the form of man-made overflow pools and stock ponds), the California red-legged frog would not be present. No tadpoles or mature adults of red-legged frogs were observed by LOA during 2009 aquatic surveys of the Project Site.

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TABLE 3. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING WITHIN HABITATS OF THE PROJECT SITE, MADERA COUNTY. ANIMALS (cont’d)

Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act

Species Status Habitat *Occurrence on the Project Site Western Yellow-billed Cuckoo (Coccyzus americanus occidentalis)

FC, CE Nests in dense riparian forests. Inhabits broad, lower flood bottoms of larger river systems.

Absent. Riparian habitat suitable for this species is absent from the region. The last known occurrence of the western yellow-billed cuckoo in the region was on Fancher Creek in 1907, approx. 15 miles to the southeast of the Site (CDFW 2013).

Fresno Kangaroo Rat (Dipodomys nitratoides exilis)

FE, CE Historically occurred in alkali sink scrub and alkali grassland habitats of Fresno, Madera and potentially Tulare Counties.

Absent. Habitat suitable for this species is absent from the Project Site. The nearest documented occurrence was reported in 1898 from what is now the Hwy 99 corridor, a location approx. 20 miles to the southwest of the Project Site (CDFW 2013).

San Joaquin Kit Fox (Vulpes macrotis mutica)

FE, CT Desert alkali scrub, annual grass-lands of California’s San Joaquin Valley and Tulare Basin, extending west into San Luis Obispo County. This species may forage in adjacent agricultural habitats.

Unlikely. Several focused surveys for the kit fox have been conducted within the past decade near the Project Site (LOA 2002 and 2003, Stebbins 1997). One study included camera stations and spot-lighting of a large site to the southeast of the Project Site. Another study was conducted on an adjoining parcel to the south. Kit foxes and evidence of kit foxes have not been observed during any of these studies. One possible sighting was made in the early 1990’s along Friant Road, although no documented sightings are known before or since this possible sighting.

* Explanation of Occurrence, Designations, and Status Codes Present: Species observed on the Site at time of field surveys or during recent past. Likely: Species not observed on the Site, but it may reasonably be expected to occur there on a regular basis. Possible: Species not observed on the Site, but it could occur there from time to time. Unlikely: Species not observed on the Site, and would not be expected to occur there except, perhaps, as a transient Absent: Species not observed on the Site, and precluded from occurring there because habitat requirements not met. STATUS CODES FE Federally Endangered CE California Endangered FT Federally Threatened CT California Threatened FPT Federally (Proposed) Threatened CSC California Species of Special Concern FC Federal Candidate CNPS California Native Plant Society Listing FPD Federally (Proposed) Delisted CFP California Fully Protected

The following is an expanded discussion of selected federally listed plant and animal species

listed in Table 3. Omitted from this expanded discussion are all the special status species that

may be present within the Project Site from time to time (or even regularly), but represent no

appreciable regulatory constraint to site development, their occasional presence notwithstanding.

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Special Status Vernal Pool Plant Species

A number of special status vernal pool plant species occur, or once occurred, in vernal pools of

Fresno and Madera Counties. These include the succulent owl’s-clover, hairy orcutt grass, San

Joaquin Valley orcutt grass and Greene’s tuctoria (see Table 3 for listing status of each). A

fourth species, Hoover’s spurge, has been documented in pools within 30-40 miles of the Project

Site. It is reasonable to conclude that should any suitable vernal pool habitat be located within

the Project Site, one or more of the above species may be present.

No vernal pools are located within the South Unit of the Project Site. Overflow pools and stock

ponds located on the South Unit of the Project Site do not provide suitable habitat for these plant

species. Special status vernal pool species are therefore absent from the portions of the site to be

developed. Marginal habitat does exist in the single vernal pool located along the site’s northern

boundary in the North Unit. This pool will be preserved within the proposed conservation

easement area and the Project will not impact those special status plant species dependent on

vernal pools.

Hartweg’s Golden Sunburst

Several discontinuous populations of the state and federally endangered Hartweg’s golden

sunburst occur in Rocklin soils, pumiceous variant of the Project Site (CDFW 2013). Rocklin

soils are limited to that area of the site located between Cottonwood Creek and Road 206.

Stebbins (1991) reports that these populations constitute one large population made up of 7

subpopulations with approximately 18,000 plants observed in 1989 and approximately 16,000

plants observed in 1990.

LOA completed a comprehensive survey of the site for Hartweg’s golden sunburst during the

spring of 2001. Meander surveys were completed at the peak blooming period throughout the

area of Rocklin soils and the boundaries of each population were staked. The boundaries were

surveyed and each population was then placed on a map of the site (Figure 13). The total area of

the site occupied by the Hartweg’s golden sunburst during the spring of 2001 was 11.7 acres.

The area of potential occurrence is limited to a small area of the site where the requisite soil

Live Oak Associates, Inc.North Shore at Millerton Lake

Onsite Observations of Hartwet's Golden Sunburst,VELB Habitat and CTS

Project #Date Figure #5675-02

0

approximate scale in miles

1 mile1 mi

Millerton Lake

Approximate Project Boundary

Approximate Project Boundary

Approximate Project Boundary

SOURCE:USGS 7.5 minute Quadrangles: Friant, Millerton West 11/30/2011

Hartweg's Golden Sunburst

Blue Elderberry Bush

Known CTS Breeding Pond

Adult CTS Observation

LEGEND

13

June 4, 2013

38

(Rocklin) occurs (Figure 14). Because the survey was completed during a winter of nearly

average precipitation, and because many thousands of individuals were blooming at the time of

the survey, it is unlikely that the various populations together occupy more of the site than was

mapped in 2001.

Vernal Pool Fairy Shrimp

The vernal pool fairy shrimp is a federally threatened crustacean occurring in vernal pools and

other seasonal pools of California’s Central Valley and coastal plains. This species has been

abundantly documented in vernal pools of Fresno and Madera Counties, and is known to occur in

such pools within one to two miles of the Project Site.

Given the proximity of known populations to the Project Site, it is reasonable to conclude that

the vernal pool fairy shrimp might occur on site if suitable habitat for this species were present.

Reconnaissance-level surveys for vernal pool crustaceans were conducted in the winter and

spring of 2009 in all potentially suitable habitats of the Project Site, which included stock ponds

and overflow pools forming in and adjacent to seasonal drainages, and one small vernal pool on

the North Unit. Vernal pool fairy shrimp were not detected in these permanent and seasonal

aquatic habitats. This is not surprising. Stock ponds provide permanent aquatic habitat, and this

species is known to occur in seasonal pools that dry by mid- to late spring. Pools associated with

seasonal drainages are prone to flooding during major storm events, which would wash any

shrimp that may be present downstream. Lack of suitable habitat within the Project Site (with

the exception of one small vernal pool) precludes this species from occurring on it.

Vernal Pool Tadpole Shrimp

The vernal pool tadpole shrimp inhabits seasonal pools of the San Joaquin and Sacramento

Valleys and adjoining basalt tabletops of the lower Sierra Nevada foothills. This species is

known to inhabit vernal pools ranging in size from two square meters to the 89-acre Olcott Lake

at Jepson Prairie. Vernal pool tadpole shrimp have been documented on the McKenzie Table

seven miles northeast of the Project Site.

No vernal pool tadpole shrimp were detected during surveys for vernal pool crustaceans during

the spring of 2009. The single vernal pool on the North Unit likely does not have an inundation

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14

June 4, 2013

40

time sufficient to support tadpole shrimp, and this species would be absent from stock ponds and

overflow pools of the Project Site for the same reasons given for the vernal pool fairy shrimp.

Valley Elderberry Longhorn Beetle

The valley elderberry longhorn beetle (VELB) only occurs in the blue elderberry (Sambucus

mexicanus), a shrub of riparian and foothill woodland habitats. The VELB has been documented

in a variety of habitats of the Sierra foothills, as well as in the riparian corridor of the San

Joaquin River below Friant Dam. Surveys of the Project Site identified the presence of three

elderberry shrubs, all in the North Unit (see Figure 13) in areas to be protected in perpetuity as

Open Space Preserve. These bushes provide suitable habitat for the VELB, which is considered

potentially present on the North Unit.

Spring-Run Chinook Salmon

The spring-run Chinook salmon is born in freshwater, emigrates to the ocean where it spends

most of its adult life, and then returns to freshwater rivers and streams between the months of

April and June to spawn. Habitat conditions suitable for spawning include water depths ranging

from a few inches to several feet, velocities ranging from one to 2.6 feet per second, water

temperatures that generally remain below 65 degrees Fahrenheit, and coarse gravels for

spawning.

Historically, this species occurred in both the Sacramento and San Joaquin Rivers and their

tributaries; however, with the completion of the Friant Dam in 1942, Chinook salmon were

largely eliminated from the San Joaquin River watershed. Fall-run Chinook salmon were

recently reintroduced between Friant Dam and the San Joaquin’s confluence with the Merced,

and reintroduction of spring-run Chinook salmon to this reach of the river is planned for 2013.

Cottonwood Creek may have once served as spawning habitat for spring-run Chinook salmon.

Should this species be successfully re-introduced to the San Joaquin River, it is hypothetically

possible that individuals would ascend Cottonwood Creek during wet winters to spawn.

June 4, 2013

41

Central Valley Steelhead

Steelhead is an anadromous form of rainbow trout. Thus, this form of rainbow trout is born in

freshwater, emigrates to the ocean where it spends most of its life, and then returns to freshwater

rivers and streams to spawn. Winter run Central Valley steelhead was once widely distributed

throughout California’s Central Valley in the Sacramento River, San Joaquin River and their

tributaries. Spawning commonly occurred from December through April (McEwan 2001).

Habitat conditions suitable for spawning include water depths ranging from 6 to 36 inches,

velocities ranging from one to 3.6 feet per second, water temperatures that generally remain

below 56 degrees Fahrenheit, and gravels for spawning ranging from 0.2 to 4 inches in diameter.

Historically, Central Valley steelhead occurred in the San Joaquin River and all of its tributaries

south to the Kings River. Therefore, Central Valley Steelhead at one time occurred in the San

Joaquin River where it passed through Friant. The completion of Friant Dam in 1941, and the

subsequent diversion of water from the main channel downstream of Friant Dam to the Friant-

Kern and Madera Canals dewatered much of the San Joaquin River between Gravelly Ford and

the River’s confluence with the Merced River. Thus, Central Valley steelhead no longer can

access the San Joaquin River upstream of its confluence with the Merced River, meaning that

Central Valley steelhead have not used the reach of San Joaquin River in the Friant area since the

late 1940s or early 1950s. While Cottonwood Creek, which passes through the Project Site, may

have at one time provided spawning habitat Central Valley steelhead, it no longer does.

California Tiger Salamander

The state and federally threatened California tiger salamander (CTS) occurs in Madera and

Fresno Counties where vernal pool complexes are located within extensive grassland habitats.

Vernal pools that hold water for 3-4 months during the winter and spring provide suitable

breeding habitat for the CTS. The CTS larvae mature in these vernal pools as they begin to dry

in April and May. The young adult CTS leave the drying pools to find the burrows of California

ground squirrels and pocket gophers in which to aestivate (oversummer). While CTS may

wander up to 1.3 miles from their breeding habitat in search of aestivation habitat (Orloff 2007),

95% of all salamanders aestivate within 0.4 mile of breeding habitat (Searcy and Shaffer 2008).

June 4, 2013

42

The Project Site provides suitable breeding habitat for CTS in the form of three stock ponds, all

located on the North Unit. Two additional stock ponds located on the South Unit are not suitable

for breeding by CTS due to the presence of American bullfrogs (Lithobates catesbeianus), a

significant CTS predator. The single vernal pool located on the North Unit does not appear to

hold water long enough to support CTS reproduction. LOA conducted spring larval surveys for

CTS in 2009 and 2010, consisting of the seining of all potentially suitable habitat in the months

of March, April, and May. CTS larvae were observed in two stock ponds, and an adult male in a

third stock pond, of the Project Site’s North Unit in 2009 in areas to be protected as Open Space

Preserve (see Figure 13). No CTS were detected in the single vernal pool of the North Unit or in

any ponds of the South Unit during these surveys.

All areas of the Project Site are located within 1.3 miles of known or potential CTS breeding

pools. Therefore, all upland habitats of the Project Site may theoretically be used by CTS for

aestivation. However, as will be discussed in later sections, not all uplands of the Project Site are

uniformly suitable as CTS aestivation habitat, and some may not be used by CTS at all.

San Joaquin Kit Fox The San Joaquin kit fox once occurred throughout much of the San Joaquin Valley, but this

species favored areas of alkali sink scrub and alkali grassland in the trough of the San Joaquin

Valley and Tulare Basin, as well as areas further west. The low foothills of the Sierra Nevada

found at the eastern edge of the San Joaquin Valley would be at the margin of their natural range.

In fact, there are no published records of observations of kit fox east of Highway 99 in Madera

County. The nearest confirmed record of a small kit fox population to the Project Site is western

Madera County approximately 40 miles away.

There have been several sightings of kit fox, mostly unverified, in Fresno County from just south

of the San Joaquin River south to Piedra (CDFG 1994) (see Figure 12). One such sighting is

highly unlikely, since it appears to be at an elevation of approximately 1,875 feet in oak

woodland habitat with a known brushy understory. This type of habitat is not known to be used

by kit foxes. This record was likely a gray fox (Urocyon cinereoargenteus). One sighting from

1994 was from a location just east of Friant Road, about 3 miles to the south of the Project Site.

The fact that no one has reported any kit fox sightings before or since that 1994 sighting suggests

June 4, 2013

43

that this individual, if indeed a kit fox, was a transient that had strayed far from known

population centers.

A number of kit fox surveys conducted in recent years have failed to turn up any evidence of this

species in the Millerton and Friant area (the general vicinity of the Project Site). Curt Uptain of

the San Joaquin Valley Endangered Species Recovery team conducted a 3-day survey of the

Millerton Specific Plan Area in 1997 (Stebbins 1997). He concluded at that time that the

Specific Plan Area did not constitute good habitat for kit foxes, due to lack of suitable denning

habitat and the abundance of predators (i.e. coyotes, bobcats, raptors, etc.). He reiterated his

opinions during a reconnaissance field survey of the area in March of 2002 (Curt Uptain, pers.

comm.). LOA conducted den surveys on portions of the Millerton Specific Plan Area in the

spring of 2002, as well as on lands just north of the San Joaquin River in Madera County. These

surveys included the use of camera stations and track plates wherever burrows were arguably of

a size suitable for kit foxes. Evidence of kit foxes was not detected during these surveys. LOA

also conducted den surveys on River Ranch in Madera County (immediately south of the North

Shore at Millerton Lake Project Site) without detecting any sign of kit foxes.

In October of 2003, LOA conducted an extensive survey for the San Joaquin kit fox on lands

fronting Friant Road in Fresno County. This study involved den surveys, photo stations, track

plates, and night spotlighting. Kit foxes and evidence of kit foxes were not detected. The results

of these surveys persuaded the U.S. Department of Transportation Federal Highway

Administration that a kit fox population was absent from the area. Regional and site-specific

evidence clearly indicates that a kit fox population does not occur on the Project Site or in its

general vicinity, and no impacts to kit foxes will occur from the Project.

Critical Habitat

The southernmost area of the Project Site (south of Cottonwood Creek) has been designated as

Critical Habitat for the succulent owl’s-clover under the ESA (Figure 15). This species is not,

however, present anywhere within the Project Site. The Project Site contains only one small

vernal pool, and other seasonal wetland habitats potentially suitable for this species are absent.

This species has never been observed between 2001 and 2010 during LOA’s field studies

conducted on the Project Site.

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15

June 4, 2013

45

The Project Site is outside of designated Critical Habitat for all other federally threatened and

endangered species occurring regionally (Figures 16 through 20). Such species include vernal

pool fairy shrimp, California tiger salamander, San Joaquin Valley orcutt grass, hairy orcutt

grass, and Greene’s tuctoria.

Recovery Plan

The USFWS issued the Recovery Plan for Vernal Pool Ecosystems of California and Southern

Oregon in May of 2008. This recovery plan identified a “core area” within the Southern Sierra

Foothills Vernal Pool Region that includes much of the Project Site’s South Unit (Figure 21).

The “core areas” identified in the recovery plan are the areas to be the initial focus of protection

measures for vernal pool ecosystems.

Although a large area of the South Unit has been included in the designated “core area,” no

vernal pools are present within the South Unit. Therefore, vernal pool species, with the possible

exception of the California tiger salamander, are absent from the Project Site. As explained later

in this document, the California tiger salamander has never been observed on the South Unit

notwithstanding two seasons of protocol spring larval surveys, so it too may be absent from this

part of the designated “core area.”

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19

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20

LEGENDProject site

Southern Foothills Vernal Pool Region

Core Areas

5 miles

approximate scale

0

Map subset courtesy of U.S. Fish & Wildlife Service

Live Oak Associates, Inc.North Shore at Millerton Lake

Project Site in Relation to Core Areaof Southern Sierra Foothills Vernal Pool Region

Project #Date Figure #1/11/2011 14675-02

5 miles21

June 4, 2013

52

V. EFFECTS ANALYSIS

Biotic Habitats on Site

Six biotic habitats were identified on the site (Figure 22). These include non-native grassland,

blue oak woodland, valley foothill riparian, seasonal drainages and swales, stock ponds, and a

single vernal pool. A list of the vascular plants observed on the site during limited surveys has

been provided in Appendix A. A list of terrestrial vertebrates using, or potentially using, the

study area has been provided in Appendix B.

Non-native Grassland

Non-native grassland habitat was the most extensive habitat of the study area. The dominant

grasses of this habitat were non-native annuals primarily of European origin. These included

ripgut brome (Bromus diandrus), soft chess (Bromus hordeaceus), wild oats (Avena fatua),

barnyard barley (Hordeum murinum ssp. leporinum), and rattail fescue (Vulpia myuros).

Common forbs associated with these grass species included red-stem filaree (Erodium

cicutarium), broad-leaf filaree (Erodium botrys), telegraph weed (Heterotheca grandiflora), and

smooth cat’s-ear (Hypochaeris glabra). Grasslands of the site would also support a large variety

of native spring-flowering annuals and perennials including rusty popcorn flower (Plagiobothrys

nothofulvus), Eastwood’s fiddleneck (Amsinckia eastwoodeae), fringepod (Thysanocarpus

curvipes), and bi-color lupine (Lupinus bicolor), to name just a few.

Annual grasslands of the site, like grasslands throughout the region, are productive biotic

habitats supporting a large diversity of native terrestrial vertebrates. The burrows of rodents that

breed and forage in grasslands also provide cover for various amphibian and reptile species, as

well as food for several species of snakes. Grasslands of the region provide significant foraging

habitat for a variety of resident and wintering raptors, as well as large numbers of granivorous

(seed-eating) birds. Furthermore, the dense cover of native and non-native grasses and forbs

provide cover for large populations of small mammals that in turn attract a diversity of predatory

species.

Proj

ect B

ound

ary

Live Oak Associates, Inc.

Biotic Habitats

Project #Date Figure #15675-02

7/10 mile radius from project boundary

Project Boundary

Non-native Grassland

Blue Oak Woodland

Seasonal Drainages (Valley foothill riparian, Stock ponds, Seasonal channels/swales/seeps)

approximate scale

0 1/2 mile1/2 mile

LEGEND

11/29/2011

North Shore at Millerton Lake

22

June 4, 2013

54

Clearly, grasslands of the site provide suitable habitat for a number of amphibians and reptiles.

Amphibians such as western toads (Bufo boreas) and Pacific chorus frogs (Pseudacris regilla)

are likely to disperse into and through the non-native grasslands of the site during winter and

spring. Grasslands of the site could provide aestivation habitat for western spadefoot toads (Spea

hammondi) and California tiger salamanders (Ambystoma californiense) that have been found to

breed in a few of the stock ponds of the site. Common reptile species likely to use the site

include western fence lizards (Sceloporus occidentalis), western whiptails (Aspidoscelis tigris),

southern alligator lizards (Gerrhonotus multicarinatus), gopher snakes (Pituophis melanoleucus),

common kingsnakes (Lampropeltis getulus), and western rattlesnakes (Crotalus viridis).

Several species of birds were observed in non-native grassland habitat during the site survey.

Birds foraging along the ground included Brewer’s blackbirds (Euphagus cyanocephalus),

mourning doves (Zenaida macroura), western kingbirds (Tyrannus verticalis) and western

meadowlarks (Sturnella neglecta). Summer migrants that could frequent the study area include

barn swallows (Hirundo rustica) and cliff swallows (Hirundo pyrrhonota). Common winter

migrants attracted grasslands of the region are savannah sparrows (Passerculus sandwichensis),

American pipits (Anthus rebescens), and mountain bluebirds (Sialia currucoides).

A number of raptors (hawks and owls) were seen during the survey. These species prey on the

small mammals and reptiles of the study area. Species observed during the site survey include

resident species such as the red-tail hawk (Buteo jamaicensis), golden eagle (Aquila chrysaetos)

and American kestrel (Falco sparveriuo). Barn owls (Tyto alba) and great horned owls (Bubo

virginianus) were not observed, but these species are likely to seek cover and possibly nest in the

riparian habitat of Cottonwood Creek and forage in the adjacent grasslands. A wintering

population of bald eagles roosts in scattered blue oaks adjacent to Millerton Lake. The study

area provides limited roosting habitat for bald eagles that is confined primarily to the site’s North

Unit. Bald eagles are likely to forage for rodents in grasslands of the study area.

Few mammals were observed during the site survey, but various mammal species have been

observed during previous years of site surveys on adjoining lands. Small mammals that are

likely to be present in grasslands of the site include deer mice (Peromyscus maniculatus),

California voles (Microtus californicus), and western harvest mice (Reithrodontomys megalotis).

June 4, 2013

55

California ground squirrels (Otospermophilus beecheyi) and their burrows were observed in

portions of this habitat. Burrows and mounded earth observed throughout the grasslands of the

site are clear evidence that the Botta’s pocket gopher (Thomomys bottae) is one of the most

common small mammals of the site. These small mammals in turn could possibly attract

mammalian foraging predators, such as gray fox (Urocyon cinereoargenteus), coyote (Canis

latrans) and bobcat (Lynx rufus).

Blue Oak Woodland

Blue oak woodland occurs primarily on the North Unit of the study area. Overstory vegetation

consisted of widely spaced blue oaks (Quercus douglasii) and occasional interior live oaks (Q.

wislizenii). The shrub understory was poorly developed. Poison oak (Toxicodendron

diversilobum) and wedgeleaf ceanothus (Ceanothus cuneatus) were often associated with rocky

outcrops. Grasses and forbs were the same species observed within non-native grasslands of the

site. A considerable diversity of spring-flowering native forbs was also present.

A number of terrestrial vertebrates were observed or heard within the blue oak woodland during

the site visits. Up to 29 species of reptiles and amphibians, 57 species of birds and 10 species of

mammals, attracted by cover and food, use mature stages of this habitat for breeding (Mayer et

al. 1988). Many additional species would pass through or forage within this woodland habitat.

Rocks, decaying logs and rodent burrows provide habitat for various amphibians and reptiles.

Common amphibians would include salamanders such as arboreal salamanders (Aneides

lugubris) and California slender salamanders (Batrachoseps attenuatus). Western toads and

Pacific chorus frogs occur near the seasonal aquatic habitats of Cottonweek Creek and the small

stock ponds in which they breed. Western fence lizards likely to be found on the rock outcrops,

logs and tree trunks. Brush and piles of downed branches and leaves provide habitat for more

reclusive lizards such as the Gilbert's skink (Eumeces gilberti) and southern alligator lizard.

Western rattlesnake, common, and gopher snake are common predators of frogs, lizards and

small mammals.

Blue oak woodland also provides suitable habitat for many avian species. Resident birds that

could use the site (i.e. birds of year-round occurrence) include western bluebirds (Sialia

June 4, 2013

56

mexicana), California towhees (Pipilo fuscus), oak titmice (Parus inornatus) and scrub jays

(Aphelocoma coeruloescens). Other common residents would include acorn woodpeckers

(Melanerpes formicivorus), northern flickers (Colaptes auratus) and white-breasted nuthatches

(Sitta carolinensis). Common winter migrants would include white-crowned sparrows

(Zonotrichia leucophrys), golden-crowned sparrows (Zonotrichia atricapilla) and dark-eyed

juncos (Junco hyemalis). Neo-tropical migrants that would use this habitat included Bullock’s

orioles (Icterus galbula) and ash-throated flycatchers (Myiarchus cinerascens). These species

use the site during the spring and summer, both for foraging and breeding. Avian predators

(raptors) common to this habitat would include golden eagles, red-tailed hawks, Cooper's hawks

(Accipiter cooperi), and great horned owls.

A number of mammals would also frequent the blue oak woodland of the site. California ground

squirrels and Botta's pocket gophers were relatively abundant in the blue oak woodland. Other

small mammals expected to occur within the herbaceous understory include deer mice, brush

mice (Peromyscus boylii), and California voles. Small mammals would attract various predators

such as gray fox, coyote and bobcats. Omnivorous species such as striped skunks (Mephitis

mephitis) and spotted skunks (Spilogale gracilis) would both occur within this habitat. Resident

deer probably use this habitat from time to time (although none were seen during the field

surveys), as would their principal predator, the mountain lion (Felis concolor).

Valley Foothill Riparian Woodland

The bed and banks of Cottonwood Creek were vegetated with patchy mature riparian trees within

the Project Site. Surface water was flowing in the channel of the creek along much of its length

at the time of the site surveys conducted during spring between 2001 and 2009. This creek

generally dries up in late spring or early summer.

Cottonwood Creek supported narrow and discontinuous patches of riparian vegetation, including

an overstory of Fremont cottonwood (Populus fremontii), red willow (Salix laevigata), and the

occasional fig (Ficus carica). On the banks and floodplain were horehound (Marrubium

vulgare), field mint (Mentha arvensis), common monkeyflower (Mimulus guttatus), western

dock (Rumex occidentalis), and water cress (Rorippa nasturtium-aquatica).

June 4, 2013

57

Although riparian trees were relatively patchy in distribution along the channel, the riparian

habitat of the study area provides food, water, and cover for a greater diversity of terrestrial

vertebrate species than other habitats of the study area. In general, valley foothill riparian

habitats of central California can be used by as many as 25 species of reptiles and amphibians,

140 species of birds, and 50 species of mammals (Mayer et al. 1988). These habitats are often

especially important as movement corridors along which animals of all kinds may migrate,

disperse or conduct their daily home range movements.

Amphibians and reptiles are well represented in riparian habitats. Fallen branches and leaves

provide suitable cover for amphibians such as the California newt (Taricha torosa), arboreal

salamanders, western toads, and Pacific chorus frogs. These amphibians would use the seasonal

aquatic habitat of Cottonwood Creek and its tributaries as breeding habitat. Lizards such as the

Gilbert's skink and southern alligator lizard are likely to be found within the leaf litter below

willows and cottonwoods. All the snakes found in other habitats of the site would also occur in

the riparian habitat.

Large numbers of avian species are attracted to the abundant vegetation that riparian habitats

provide. Birds of prey including the red-shouldered hawk (Buteo lineatus) and great horned owl

hunt and roost here. Abandoned nest holes excavated by woodpeckers would be used by western

bluebirds, western screech owls (Otus kennicottii) and ash-throated flycatchers. Mammals

occupying this habitat would include many of those species occurring within the non-native

grassland and blue oak woodland habitat. Other mammals often associated with riparian habitats

could also occur in the study area. Such species may include ornate shrews (Sorex inornatus) and

raccoons (Procyon lotor)

Seasonal Drainages and Swales

Seasonal wetlands included broad wet swales, narrow and often eroded drainages, springs and

seep zones. The soil of these wetlands were already dry due to warmer than normal temperatures

during the site surveys in the spring of 2004. During the wet winter of 2004-2005, many of these

drainages and swales carried small flows of surface water, or their beds were saturated.

The presence of hydrophytes (wetland plants) within these seasonal wetlands indicates that soil

saturation and/or inundation is a common occurrence during the winter. Obligate hydrophytes

June 4, 2013

58

common to these wetlands included annual bluegrass (Poa annua), common monkeyflower,

creeping spikerush (Eleocharis macrostachya) and Baltic rush (Juncus balticus).

Seasonal wetlands of the site provide terrestrial vertebrates many of the same habitat values as

non-native grasslands. The presence of water during the winter and spring enables western toads

and Pacific chorus frogs to breed in these wetlands. Amphibians and small mammals may attract

common garter snakes (Thamnophis sirtalis) to this habitat during the spring. Cottonwood Creek

provides suitable habitat for the western pond turtle (Actinemys marmorata), a species that would

seek cover, forage, and bask in the creek, but would lay eggs in nests constructed in adjacent

grassland habitats. Western kingbirds were observed foraging in the vicinity of these wetlands.

Red-winged blackbirds (Agelaius phoeniceus) and black phoebes (Sayornis nigricans) would

forage near or within this habitat. Otherwise, small pools in the swales and seasonal drainages

are used as a source of drinking water for many of the mammals occurring in the adjoining blue

oak woodland and non-native grassland. Although other species are present from time to time,

the small size of the wetland habitats within the study area probably precludes their use by many

species that occur in more extensive wetlands of the San Joaquin Valley to the west.

Stock Ponds

Five stock ponds are located on the Project Site. All of these ponds were inundated during

various site surveys conducted between 2001 and 2010. Vegetation observed in and adjacent to

the ponds included, but was not limited to, creeping spikerush, rabbit’s foot grass (Polypogon

monspeliensis), Italian thistle (Carduus picnocephalus), curley dock, and Goodding’s black

willow.

Seasonal ponds provide suitable habitat for a limited number of amphibians, reptiles, birds and

mammals. Amphibians that have colonized some of these ponds from local populations in the

vicinity of the study area include western toads, Pacific chorus frogs, western spadefoot toads

and tiger salamanders (known to breed in two ponds located on the North Unit).

Other wildlife species occurring in this habitat would be similar to those occurring in the

bordering non-native grassland habitat, with the addition of species that are exclusively attracted

to ponds or wetlands. The presence of amphibians in the pond may attract common garter

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snakes, as well as birds that feed on amphibians such as great egrets (Casmerodius alba). A great

blue heron (Ardea herodias) and mallards (Anas platyrhyncho) were observed in this habitat.

The vegetation and insects of the ponds could attract other species of waterfowl. Mammals that

might be attracted to the ponds include ornate shrews (Sorex ornatus) and various species of bats

that occur in the area. Most mammalian species of the area would only come to this habitat to

drink.

Vernal Pool

A single vernal pool is located on the Project Site, near the northern boundary of the North Unit.

This pool occupies about 622 ft2, and was inundated at the time of a 2008 site visit. The

dominant plant species observed in the pool included white-tipped clover (Trifolium

variegatum), Mediterranean barley (Hordeum marinum ssp. gussoneanum), and annual toad rush

(Juncus bufonius).

This vernal pool may support a number of aquatic and terrestrial species, some of which would

be unique to vernal pool habitats. For example, invertebrate species would include several

aquatic insects, and various crustaceans possibly including the vernal pool fairy shrimp.

However, no vernal pool fairy shrimp were detected in this pool during reconnaissance-level

vernal pool crustacean surveys conducted on the site in the winter and spring of 2009. The pool

likely does not have an inundation time sufficient to support the vernal pool tadpole shrimp, and

for the same reason does not represent suitable breeding habitat for the California tiger

salamander and western spadefoot. Avian species that could forage within the vernal pool

include the killdeer (Charadrius vociferus), mallard, cinnamon teal (Anas cyanoptera), and

greater yellowlegs (Tringa melanoleuca).

Soils

Soil mapping units representing eight soil series have been identified on the Project Site (Table 4

and Figure 14).

Some of the soils of the Project Site consist of alluvium derived primarily from plutonic rocks of

the Sierra Nevada to the east (NRCS 1962). Soils of the Greenfield, Hanford, Ramona, Rocklin,

Tujunga, and Whitney series are alluvial soils that were carried from the Sierra to the low Sierra

June 4, 2013

60

foothills and Central Valley during the Pleistocene era by the considerable volume of runoff

generated from melting snow and glaciers. Therefore, the development of these soils has

occurred principally during the Holocene era (i.e. the last 8,000 years).

Some alluvial soils of the region developed a subsurface iron-silica hardpan at 2-6 feet below the

surface. This water-restricting layer often “perches” water during the last half of the winter and

early spring. In hummocky terrain, perched water creates seasonal pools in topographic

depressions that support a unique flora and fauna endemic to such pools occurring in the region.

These seasonal pools are typically known as vernal pools. Soils favorable to the formation of

vernal pools on the Project Site were limited to soils of the Greenfield and Rocklin series. As

discussed, one vernal pool was identified near the site’s northern border within the North Unit.

Extensive vernal pool complexes occur 1-2 miles from the site on open rangeland just north of

Road 206 and on either side of Highway 145.

The remaining soils of the site formed in place from the underlying bedrock consisting primarily

of plutonic rocks such as granite and metamorphosed sedimentary rock. Exposed bedrock (i.e.,

rock outcrops) are present throughout the site, but primarily in the north unit.

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TABLE 4. SOILS OF THE PROJECT SITE (from NRCS 1962). Soil Series/Soil Map

Symbol Parent Material

Surface Permeability

Hardpan Hydric

AHWAHNEE AND AUBERRY SERIES Ahwahnee and Vista rocky coarse sandy loam, 8-10% slopes Ahwahnee and Vista rocky coarse sandy loams, 30-45% slopes Ahwahnee and vista very rocky coarse sandy loams, 30-75% slopes

AeD AeE ArF

Coarse-grained granitic rocks

Well drained No No

DAULTON SERIES Daulton fine sandy loam, 8-30% slopes Daulton rocky fine sandy loam, 30-45% Slopes

DaD DcE

Metamorphosed sedimentary rocks

Moderately rapid

No No

GRAVEL PITS Gravel pits

Gp

GREENFIELD SERIES Greenfield coarse sandy loam, 0-3% slopes

GrA

Slightly older alluvium

Good to moderately rapid

Yes in places

. No

HANFORD SERIES Hanford fine sandy loam, 0-1% slopes Hanford sandy loam, 0-3% slopes

HaA HfA

Recent alluvial deposits

Good to moderately rapid

No No

RAMONA SERIES Ramona sandy loam, 3-8% slopes

RaB

Old alluvium Good No No

ROCKLIN SERIES Rocklin rocky sandy loam, pumiceous variant, 3-8% slopes Rocklin rocky sandy loam, pumiceous Variant, 8-30% slopes

RmB RmD

Predominantly granitic alluvium and a large proportion of pumice

Good Yes No

TERRACE ESCARPMENTS Terrace escarpments

Tf

TUJUNGA SERIES Tujunga and Hanford soils, channeled, 0-8% slopes

TzB

Granitic sediments

Good No Yes

WHITNEY SERIES Whitney sandy loam, 15-30% slopes, eroded Whitney and Rocklin sandy loams, 8-15% slopes

WnD WrC

Weakly consolidated sedimentary materials

Good No No

Drainage Features

The principal drainage passing through the Site is Cottonwood Creek. This seasonal creek

passes through the South Unit of the Project Site and drains a watershed that is far larger than the

Site itself. The watershed of this creek extends well into the Sierra foothills north of the Project

Site. The timing of flows in Cottonwood Creek is dependent on the timing of winter rains. The

first flows may occur as early as the month of December, but more typically flows first occur in

January or February. Flows continue into April or May when the winter rains cease, and the hot

dry season begins.

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Most of the seasonal drainages of the Project Site’s South Unit are tributary to Cottonwood

Creek. These drainages are of two types, ephemeral and seasonal. The ephemeral drainages are

primarily erosional features that carry flows during major storm events and then dry up within

two-three days of the storm passing through the area. Seasonal drainages carry flows from

December or January through April or early May.

Most of the drainages of the North Unit flow into Millerton Lake. One drainage located on the

North Unit is a tributary to Cottonwood Creek. As for the South Unit, these drainages are both

ephemeral and seasonal.

Land Use

The Project Site consists of rangeland used for grazing livestock. Livestock grazing has been the

primary use of the site for the past century or more.

Cumulative Effects

In order to assess the Proposed Project’s contribution to cumulative losses of grassland habitat,

LOA examined past, present, and probable future projects in the vicinity of the Project.

Information related to this analysis was obtained from Fresno and Madera Counties, the two

counties in which similar developments in similar habitats to the Project are now being planned

and/or processed, or have been constructed.

The geographic area covered by this cumulative analysis extended from the Fresno River in

Madera County to Highway 168 in Fresno County, and included rangeland and agricultural

habitats east and north of the Cities of Madera, Clovis, and Fresno, and west and south of the oak

woodlands of the Sierra foothills. Therefore, the analysis included the major proposed

development areas of Madera and Fresno Counties, including Gateway Village, Gunner Ranch

West, Rio Mesa, Friant, and Millerton. Additionally, several smaller developments not

associated with the aforementioned developments were also considered.

The planning documents for many of the projects identified by these Counties had not yet been

prepared (or were in progress) and were not available, but the cumulative impact analysis for the

region revealed that all of the projects under consideration in Fresno and Madera Counties will

June 4, 2013

63

be subject to future federal actions. These projects involve water transfers subject to the

approval authority of the Bureau of Reclamation and/or CWA permits issued by the USACE.

All of the pending projects identified by Fresno and Madera Counties would be subject to

separate consultation pursuant to Section 7 of the federal Endangered Species Act, and are

unrelated to the Proposed Project. Therefore, these projects are not subject to the analysis of

cumulative effects considered by this biological assessment.

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VI. EFFECTS OF THE ACTION

This section of the document assesses the likelihood that the Project will adversely affect

federally listed plant and animal species. Species included in this analysis are federally listed

species that either occur in the vicinity of the Proposed Project, or are likely to occur in the

vicinity of the Proposed Project. These include various federally listed vernal pool plant species,

the Hartweg’s golden sunburst, vernal pool invertebrate species, state and federally listed spring-

run Chinook salmon and Central Valley steelhead, the California tiger salamander, and the San

Joaquin kit fox.

May Affect, Not Likely to Adversely Affect

Hartweg’s Golden Sunburst. The federally and California endangered Hartweg’s golden

sunburst occurs as seven discontinuous populations on the Project Site. Impacts are described

below:

• Direct Effects. None. All populations of the Hartweg’s golden sunburst will be avoided and preserved in open space managed for this species. A minimum of 100-foot buffers between all populations and proposed development will be maintained. Maximum buffers around some populations will be several hundred feet.

• Indirect Effects. The Proposed Project may have an indirect effect on some Hartweg’s golden sunburst populations preserved in proposed open space. The plan calls for commercial and residential development to the north and south of all the mapped Hartweg’s golden sunburst populations. The proximity of such development to these populations creates a potential for trampling and general degradation of these areas through possible human intrusion into them. The applicant, however, proposes to preserve 100% of the existing population as part of the Open Space Preserve and manage the preserve via a plan to be approved by the USFWS and CDFW to maximize the health of all populations. Therefore, the preserve protecting all populations of this species would be protected through a conservation easement, appropriate fencing designed to limit human and vehicular entrance into the preserve, signage, brochures, and community education programs, thus minimizing indirect effects.

• Cumulative Effects. The only other project in the region that would result in impact to this species (i.e., the Friant Ranch Project) is subject to a Section 404 Clean Water Act Permit, and is thus subject to a Section 7 Consultation per provisions of the federal Endangered Species Act. A biological opinion has been issued, and the CDFW has required no net loss of this population. Thus, no project within the southern area of the Hartweg’s golden sunburst’s range will be adversely affected by any projects, and cumulative impacts to this species will not occur.

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65

• Interrelated and Interdependent Effects. None.

• Net Impact to Hartweg’s Golden Sunburst After Mitigation: The Proposed Project will result in the preservation and management of 100% of the existing on-site population.

May Affect, Likely to Adversely Affect

California Tiger Salamander. LOA conducted spring larval surveys for CTS in 2009 and 2010,

which included seining all potentially suitable breeding habitat in the months of March, April,

and May and visually surveying all potentially suitable ponds on the Project Site. Based on the

surveys, it appears that CTS breed in at least two stock ponds of the North Unit, but do not breed

in stock ponds of the South Unit.

The surveys found CTS larvae in two stock ponds, and one adult CTS adjacent to a third pond, in

the North Unit in 2009 (see Figure 13). However, LOA could not confirm that either the larvae

or the adult are native CTS since the tiger salamanders in the area may represent hybrids and

backcrosses of unknown genetic makeup due to the presence of nearby Millerton Lake, where

the introduced barred tiger salamander (Ambystoma tigrinum mavoritum) larvae (waterdogs)

have quite likely been used as fish bait for many years. Introduced tiger salamanders have

interbred with native tiger salamanders in several areas of the state. In the absence of genetic

sampling, LOA cannot confirm that the stock ponds located on- or off-site are used by a breeding

population of native CTS or hybrids of the introduced barred tiger salamander.

During spring larval surveys of the Project Site, as well as other larval surveys in the Project

vicinity, LOA has established that most stock ponds on the Project Site and in the region are

teeming with bullfrogs, fish, and occasionally Louisiana red-swamp crayfish (including stock

ponds that dry out some years). These are significant predators of CTS. Ponds infested with

these introduced species are generally not considered suitable CTS breeding habitat.

LOA did not detect larvae or adult salamanders in the two potentially suitable stock ponds on the

South Unit, and visually confirmed the presence of aquatic predators in these ponds. Due to the

presence of invasive predator species and confirmed lack of larvae, LOA has concluded that the

stock ponds on the South Unit do not provide suitable CTS breeding habitat and that CTS do not

breed on the South Unit.

June 4, 2013

66

One off-site seasonal pond, located immediately to the east of Road 206, is known to support

CTS reproduction. Five other off-site stock ponds located east and south of Road 145 provide

potential breeding habitat for the CTS (Figure 23).

Based on the survey work completed on-site and in the general project vicinity to date, it appears

that a breeding population of CTS is present within the North Unit and individual CTS may

aestivate in limited numbers throughout the North Unit. Breeding populations of CTS appear to

be absent from the South Unit, although portions of the South Unit provide potentially suitable

upland CTS habitat.

Although the entirety of the project impact area lies within 1.3 miles of stock ponds and seasonal

pools located on the North Unit or off-site, most of the impact area would not serve as

aestivation habitat for the CTS. This conclusion is based on the following factors: 1) the

majority of the impact area is located more than 0.4 mile from the nearest potential CTS

breeding habitat; 2) optimal aestivation habitat is present within 0.4 mile of potential CTS

breeding ponds located on the North Unit or off-site, such that CTS using these ponds would not

need to travel farther than 0.4 mile to aestivate; and 3) given the hilly terrain and numerous

seasonal drainages of the project impact area, CTS breeding in nearby stock ponds and seasonal

pools would likely seek aestivation habitat close to those ponds and pools.

Factors 2 and 3 above are best understood in terms of a study conducted on the distribution of

aestivating CTS at increasing distances from their breeding ponds. Research by Trenham and

Shaffer (2005) at the Jepson Prairie in Sonoma County demonstrates that nearly all CTS (95%)

aestivate within 0.4 mile of their breeding ponds, even when nearby aestivation habitat is

suboptimal (due to the presence of only gopher, and not ground squirrel, burrows on the Jepson

Prairie) and migration is relatively unhindered by topographic and other physical barriers. In

effect, Trenham and Shaffer have determined that in vernal pool landscapes with suboptimal

aestivation habitat, nearly all CTS aestivate within 0.4 mile of the breeding pond. Where optimal

habitat exists within 0.4 mile of breeding habitat (i.e. aestivation habitat consisting primarily of

ground squirrel burrows), it is likely that an even higher percentage of CTS would aestivate

within 0.4 mile of known breeding habitat.

� �23

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As illustrated in Figure 23, approximately 151 acres of the project impact area is located within 0.4

mile of ponds potentially being used by CTS as breeding habitat. These areas likely serve as CTS

aestivation habitat. However, the majority of the project impact area (approximately 541 acres) is

more than 0.4 mile from potential breeding habitat and separated from breeding habitat by hilly

terrain and numerous seasonal drainages.

• Direct Effects. Because the Project will not impact known or potential CTS breeding habitat, it does not have the potential to produce direct effects for breeding CTS.

The Project has the potential to result in injury or mortality of CTS aestivating within the approximately 730.3-acre project impact area. However, approximately 541.1 acres (74 percent) of this potential impact area are located more than 0.4 mile from known or potential CTS breeding pools, suggesting that they are unlikely to be used by CTS for aestivation. Moreover, approximately 38.2 acres of this “unlikely” habitat have slopes in excess of 60 percent (Figure 24). These lands were considered too steep and too far from suitable breeding habitat to actually serve as upland aestivation habitat for CTS. Therefore, the project has the potential to directly affect aestivating CTS on 692.1 acres (730.3-38.2) of upland habitats.

• Indirect Effects. The Project has the potential to indirectly affect CTS through the loss of 692.1 acres of upland habitat that could otherwise be used for aestivation. However, as discussed, only approximately 151 acres of this area is within 0.4 mile of known or potential CTS breeding pools and therefore represents likely aestivation habitat. The applicant does not propose to indirectly affect habitat quality within NSMCA lands in the South and North Units through the elimination of burrowing rodents (which provide aestivation habitat for the CTS), or erect barriers to CTS entry onto the NSMCA from off-site parcels. In fact, the NSMCA will be managed to encourage healthy rodent populations (to ensure the maintenance of CTS aestivation habitat). Any CTS entering the site will find abundant undisturbed aestivation habitat even after the completion of Project buildout.

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Figure 24. Areas of proposed development with slopes greater than 60% (in orange) located greater than 0.4 mile from potential CTS breeding habitat (shaded).

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Trenham (2004) recommended that a 567-foot buffer of upland aestivation habitat be provided around all preserved CTS breeding ponds in order to ensure the maintenance of the populations using these ponds. No part of the project impact area falls within 567 feet of the six most proximate off-site ponds and three ponds of the North Unit potentially used by CTS for breeding. Trenham’s recommendation indicates that none of the lands to be impacted by the Project would be critical to the perpetuation of CTS populations that may occur in nearby ponds.

• Cumulative Effects. All other projects in the region that could result in impact to this species will be subject to a Section 404 Clean Water Act Permit, and will thus be subject to a Section 7 Consultation per provisions of the federal Endangered Species Act.

• Interrelated and Interdependent Effects. None.

• Net Impact to CTS After Mitigation. The Project will not result in direct and permanent impact to suitable CTS breeding habitat in the form of vernal pools and stock ponds. The Project has the potential to impact approximately 692.1 acres of potential CTS aestivation habitat, including 151 acres of the South Unit within 0.4 mile of known or potential CTS breeding habitat. The applicant will preserve and manage 1,377.5 acres of undisturbed lands of the Project Site (892.1 acres of the North Unit and 485.4 acres within the South Unit) for the benefit of CTS (see Figures 3a and 3b).

No Effect

Special Status Vernal Pool Plant Species. Special status vernal pool plant species do not occur

within the portion of the Project Site to be developed (South Unit).

• Direct Effects. None.

• Indirect Effects. None.

• Cumulative Effects. This Project will not contribute to regional losses of any special status plant species.

• Interrelated and Interdependent Effects. None.

Valley Elderberry Longhorn Beetle. The valley elderberry longhorn beetle (VELB) is entirely

dependent on the blue elderberry, a shrub that only occurs on the North Unit of the Project Site.

Therefore, if the VELB occurs on the Project Site at all, it would only occur on the North Unit.

With the exception of the 7.8 acres to be conveyed to the Dumna Tribe, which contains no

elderberry shrubs, the entire North Unit has been designated Open Space Preserve and will be

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protected under conservation easement in perpetuity. Proposed development within the South Unit

will have no effect on this species.

• Direct Effects. None.

• Indirect Effects. None.

• Cumulative Effects. This Project will not contribute to regional losses of any special status plant species.

• Interrelated and Interdependent Effects. None.

Vernal Pool Invertebrates. Habitat typically occupied by vernal pool fairy shrimp and vernal pool

tadpole shrimp (i.e. vernal pools) is absent from the South Unit of the Project Site. The only aquatic

habitat present consists of seasonal drainages and stock ponds, neither of which constitute suitable

habitat for these species for reasons discussed previously. Vernal pool tadpole shrimp would not

occur in the small vernal pool located near the northern boundary of the North Unit because the

pool does not appear to have a sufficient duration of inundation. Vernal pool fairy shrimp do have

the potential to occur in this pool; however, no federally-listed vernal pool crustaceans were

observed in this pool or any other aquatic habitat of the Project Site during vernal pool crustacean

surveys conducted by LOA in the winter of 2009. Therefore, these species are considered absent

from the site.

• Direct Effects. None.

• Indirect Effects. None.

• Cumulative Effects. The Project will not contribute to cumulative losses of vernal pool fairy shrimp.

• Interrelated and Interdependent Effects. None.

Federally Listed Anadromous Fish. The only federally listed anadromous fish species using any

portion of the San Joaquin River is the Central Valley steelhead; however, this species has not had

access to the San Joaquin River between Friant Dam and its confluence with the Merced River for

more than 50 years (Moyle 2003), and would therefore not occur on or near the Project Site, and

would not be affected by the proposed action. Spring-run Chinook salmon were extirpated from the

San Joaquin River following the completion of the Friant Dam in 1942, but are planned for

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reintroduction in the reach of the river between the Friant Dam and the confluence with the Merced

River. With successful reintroduction, the spring-run Chinook salmon has the potential to spawn in

Cottonwood Creek. However, the species would not likely be adversely affected by the proposed

action for the following reasons:

• Future flows and flow volumes of Cottonwood Creek will not be measurably altered by the proposed Project. The Project will utilize groundwater as its water source.

• Residential units, commercial development, and other project elements will be located at least 100 feet from the top of bank of Cottonwood Creek (in most areas, the setback will be much greater). Setbacks from the creek will demarcated by decorative fencing and signage.

• Two clear-span bridges across Cottonwood Creek will provide access to the development east and north of the site. Thus, proposed bridges over the creek will not create obstacles for upstream movement of anadromous fish.

• Cattle will be excluded from the creek and a 100-foot setback on either side of the creek by fencing. This will result in localized improvements to water quality in pools of the creek over current conditions, and facilitate the establishment of riparian vegetation along the creek’s upper banks, thus providing shading needed to maintain spring and summer water temperatures within a range acceptable to anadromous fish.

Summary of effects for Central Valley steelhead and spring-run Chinook salmon is as follows:

• Direct Effects. None.

• Indirect Effects. None.

• Cumulative Effects. This Project will not contribute to adverse effects on any regional anadromous fish populations.

• Interrelated and Interdependent Effects. None.

San Joaquin Kit Fox. As noted elsewhere in this document, a single San Joaquin kit fox was

reportedly observed along Friant Road less than one mile from the Project Site in 1994. No San

Joaquin kit fox had been seen prior to this observation, and no individuals have been seen since, a

number of kit fox surveys in the region notwithstanding. At the time this biological assessment was

prepared, there is no credible evidence that a San Joaquin kit fox population occurs in the

Friant/Millerton area of Fresno and Madera Counties.

• Direct Effects. The available evidence of the San Joaquin kit fox occurring in the project vicinity is limited to a single possible sighting in 1994. The absence of other sightings strongly suggests that the single sighting was possibly a vagrant that had wandered far from

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known occupied kit fox habitat or that it was a misidentified gray fox. The absence of kit fox sightings from the project vicinity since 1994 further suggests that project impacts to this species are extremely unlikely to occur.

• Indirect Effects. The proposed action would not result in indirect effects on this species.

• Cumulative Effects. The proposed action would not contribute to any cumulative effects on this species.

• Interrelated and Interdependent Effects. None.

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LITERATURE REFERENCED

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California State University Hayward. Hayward, California. California Department of Fish and Wildlife (CDFW). 2013. Natural Heritage Division. California

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Sacramento, California. CDFG. 2010. Special Vascular Plants, Bryophytes, and Lichens List. The Resources Agency,

Sacramento, California. CDFG. 2005. The Status of Rare, Threatened, and Endangered Plants and Animals of California

2000-2004. The Resources Agency, Sacramento, California. California Native Plant Society (CNPS). 2010. On-Line Inventory – 7th Edition, Inventory of Rare

and Endangered Vascular Plants of California. Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacramento, California.

Holland, R.F. 1986. Preliminary Description of the terrestrial natural communities of California.

Resources Agency, Sacramento, California. 156 pp. Live Oak Associates, Inc. 2002. Biological Report on the San Joaquin Kit Fox, Westcal Site Tract

4870, 44-acre and 80-acre Parcels, Millerton New Town, Fresno County, California. Oakhurst, CA.

Live Oak Associates, Inc. 2003. San Joaquin Kit Fox Survey, Friant Road and Associated

Properties, Fresno County, California. Oakhurst, California. 28pp. Mayer, Kenneth E. and William F. Laudenslayer, Jr. Ed. 1988. A guide to wildlife habitats of

California. California Department of Forestry and Fire Protection. Sacramento, California. 166 pp.

McEwan, Dennis R. 2001. Central Valley Steelhead. Fish Bulletin179: Volume One. California

Department of Fish and Game. Moyle, P.B. 2002. Inland Fishes of California. University of California Press, Berkeley and Los

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study (Pittsburg, California). Ibis Environmental, Inc., prepared for Bailey Estates LLC, May 2007. 47 pp. + appendices.

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Rhodehamel, Westley M. 1991. A Management Oriented Study of Habitat Selection and Effects of

Boating Activities on Wintering Bald Eagles, Millerton Lake State Recreation Area, California. M.S. thesis, Calif. State Univ. (Fresno). 69 p. From Masters Abstr. Int. 31(1):216. Order No. MA1349276. WR 235.

Searcy C. and H. B. Shaffer. 2008. Calculating biologically accurate mitigation credits: insight from

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for Jim Bartel, Office of Endangered Species, U.S. Fish and Wildlife Service, 2800 Cottage Way, Sacramento, California 95825.

Stebbins, John C. 1997. Biological and wetlands resources study, Millerton New Town Plan Area,

proposed amendment to the Millerton Specific Plan. Trenham, P. C., and H. B. Shaffer. 2005. Amphibian upland habitat use and its consequences for

population viability. Ecological Applications 15:1158-1168. U.S. Army Corps of Engineers (USACE). 1987. Corps of Engineers wetlands delineation manual.

Department of the Army. U.S. Fish and Wildlife Service (USFWS). 1977. Concept plan for waterfowl wintering habitat

preservation. Central Valley, California. Region 1, Portland, OR. 116 pp. + appendices. USFWS. 1994. Endangered and threatened wildlife and plants. 50 CFR 17.11 & 17.12. August 20,

1994. USFWS. 2002. Recovery Plan for the California Red-legged Frog (Rana aurora draytonii). U.S.

Fish and Wildlife Service, Portland, Oregon. viii + 173 pp. USFWS. 2005. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon.

U.S. Fish and Wildlife Service, Portland, Oregon. 120 pp. Wetland Training Institute, Inc. 1990. Federal Wetland Regulation Reference Manual. B.N.

Goode and R.J. Pierce (eds.) WTI 90-1. 281pp. Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.

California’s wildlife, volume I, amphibians and reptiles. Department of Fish and Game. Sacramento, California. 272 pp.

Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.

California’s wildlife, volume II, birds. Department of Fish and Game. Sacramento, California. 731 pp.

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California’s wildlife, volume III, mammals. Department of Fish and Game. Sacramento, California.