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Home My WebLink AboutPRED25-0001 RIDGE RENTALS LLC BIOLOGICAL ASSESSMENT REPORTBiological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates Ridge Rentals LLC January 25, 2025 Attn: Elliot Tenter 180 Redbud Drive Paradise, CA 95969 BIOLOGICAL RESOURCES ASSESSMENT AND WETLAND DETERMINATION FOR THE TEN TURRI SOLAR FARM, 870 OROVILLE-CHICO HIGHWAY, DURHAM, BUTTE COUNTY, CALIFORNIA. MHBA FILE 0106-2025-3977. 1.0 INTRODUCTION On January 9, 2025 Marcus H. Bole & Associates performed a Biological Resources Assessment and Wetland Determination for a Study Area located at 870 Oroville-Chico Highway for the proposed Ten Turri Solar Farm property. The Study Area is defined as the ±31.94-acre Butte County APN 040-490-002 and a 500-foot buffer surrounding the parcel. (See Appendix A, Figure 1). The Study Area is located on the U.S. Geological survey (USGS) Hamlin Canyon 7.5-minute topographic quadrangle, Township 21 North, Range 2 East. The center of the Study Area is approximately 39.650764N, -121.728895W. The terrain elevation within the Study Area is approximately 180 feet above mean sea level (msl) in relatively flat terrain. The Study Area is undeveloped agricultural land that formerly supported rice farming, dry cereal farming and cattle grazing. Non-native grasses characterize the vegetative community. During onsite surveys, approximately 0.93-acres of an ephemeral drainage swale was identified along the northern boundary of the Study Area with a flow direction to the west. Additionally, approximately 0.25- acres of roadside ditch was found along Highway 99. The seasonal drainage swale and roadside ditch carry sheet flow precipitation from the property and from the eastern side of Highway 99. Surveys were conducted outside the normal blooming cycle for all plants of concern; therefore, the surveys focused on the presence of micro-habitat to support special status plant species (wetlands, vernal pools, etc.). Additional surveys will be required during the spring (May – June) of 2025 to confirm findings. Appropriate setbacks from the drainage swale and the Highway 99 roadside ditch should be determined and coordinated with Butte County Planning prior to construction. In accordance with United States Army Corps of Engineers (USACE) guidance, ephemeral drainages do not meet the definition of jurisdictional Waters of the United States (WOUS). Likewise, roadside ditches are not considered jurisdictional Waters of the United States. THREATENED, ENDANGERED, PROPOSED THREATENED OR PROPOSED ENDANGERED SPECIES EVALUATED: Northwestern pond turtle, Actinemys marmorata Proposed Federal Threatened Western spadefoot, Spea hammondii Federal Proposed Threatened Giant gartersnake, Thamnophis gigas Federal Threatened, State Threatened Conservancy Fairy Shrimp, Branchinecta conservatio Federal Endangered Vernal Pool Fairy Shrimp, Branchinecta lynchi, Federal Threatened Vernal Pool Tadpole Shrimp, Lepidurus packardi Federal Endangered Valley Elderberry Longhorn Beetle, Desmocerus californicus dimorphus Federal Endangered Marcus H. Bole & Associates An Environmental Consulting Firm Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 2 Monarch butterfly, Danaus plexippus Federal Proposed Threatened Butte County meadowfoam, Limnanthes floccosa ssp. californica Federal & State Endangered Green’s tuctoria, Tuctoria greenei Federal Endangered, State Rare 1B.1 Hairy Orcutt Grass, Orcuttia pilosa Federal Endangered Hoover’s spurge, Euphorbia hooveri, Federal Threatened DATABASES OBTAINED January 6, 2025. Request for Species Lists and Critical Habitat information from the United States Fish & Wildlife Service and the California Department of Fish & Wildlife. 2.0 DESCRIPTION OF PROJECT Tenter Enterprises (owner) proposes to install approximately 6,132 Canadian Solar Modules within approximately 11.5-acres of the 31.94-acre property (see Attachment A, Figure 3). Storm drainage runoff will be collected in an underground collection system and conveyed to the existing drain along the north side of the project. Increased runoff due to the development of the lots will be mitigated through the use of on-site detention/retention basins. 3.0 METHODOLOGY Field surveys of biological resources included an inventory of plants and wildlife observed in the Study Area, habitat assessments for special status species, and a determination of wetland habitats within the Study Area. Biological and botanical surveys were conducted based on the California Department of Fish and Wildlife’s (CDFW) Natural Diversity Database (CNDDB, January 2025), the United States Fish & Wildlife Service’s (USFWS) IPaC Resource List, and the California Native Plant Society's (CNPS) list of rare and endangered plants. All species lists were derived from the United States Geological Survey (USGS) Hamlin Canyon 7.5 minute quadrangle and eight surrounding quadrangles. Based on the results of the species lists, appropriate biological and botanical surveys were conducted. Species habitat surveys were conducted during January 2025, by Marcus H. Bole & Associates (MHBA) senior wildlife biologist Marcus H. Bole. The species habitat surveys were conducted by walking all areas of the Study Area (and surrounding 500 foot buffer) and evaluating potential habitat for special-status species based on vegetation composition and structure, presence of predatory species, microclimate and available resources (e.g. prey items, nesting burrows, etc.). A general botanical survey and habitat evaluation for rare plant botanical species was conducted during January 2025 by MHBA's senior botanist Charlene J. Bole. The general botanical survey and habitat evaluation for rare plant botanical species was conducted by walking all areas of the Study Area while taking inventory of general botanical species and searching for special- status plant species and their habitats. A determination of Waters of the U.S. was conducted on January 9, 2025 by Marcus H. Bole, Senior Wetland Scientist and was conducted under the guidelines of the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (2008). 4.0 Regulatory Requirements The following describes federal and state environmental laws and policies that are relevant to the California Environmental Quality Act (CEQA) review process. Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 3 Federal Endangered Species Act The United States Congress passed the Federal Endangered Species Act (ESA) in 1973 to protect species that are endangered or threatened with extinction. The ESA is intended to operate in conjunction with the National Environmental Policy Act (NEPA) to help protect the ecosystems upon which endangered and threatened species depend. The ESA makes it unlawful to “take” a listed animal without a permit. Take is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct”. Through regulations, the term “harm” is defined as “an act which actually kills or injures wildlife". Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) (16 USC §703) prohibits the killing of migratory birds or the destruction of their occupied nests and eggs except in accordance with regulations prescribed by the USFWS. The bird species covered by the MBTA includes nearly all of those that breed in North America, excluding introduced (i.e. exotic) species (50 Code of Federal Regulations §10.13). Activities that involve the removal of vegetation including trees, shrubs, grasses, and forbs or ground disturbance has the potential to affect bird species protected by the MBTA. Waters of the United States, Clean Water Act, Section 404 The US Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) regulate the discharge of dredged or fill material into jurisdictional waters of the United States, under the Clean Water Act (§404). The term “waters of the United States” is an encompassing term that includes “wetlands” and “other waters”. Wetlands have been defined for regulatory purposes as follows: “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (33 CFR 328.3, 40 CFR 230.3). Wetlands generally include swamps, marshes, bogs, and similar areas.” Other Waters of the United States (OWUS) are seasonal or perennial water bodies, including lakes, stream channels, drainages, ponds, and other surface water features, that exhibit an ordinary high-water mark but lack positive indicators for one or more of the three wetland parameters (i.e., hydrophytic vegetation, hydric soil, and wetland hydrology) (33 CFR 328.4). In accordance with United States Army Corps of Engineers (USACE) guidance, ephemeral drainage swales do not meet the definition of jurisdictional Waters of the United States.1 Clean Water Act, Section 401 The Clean Water Act (§401) requires water quality certification and authorization for placement of dredged or fill material in wetlands and OWUS. In accordance with the Clean Water Act (§401), criteria for allowable discharges into surface waters have been developed by the State Water Resources Control Board, Division of Water Quality. The resulting requirements are used as criteria in granting National Pollutant Discharge Elimination System (NPDES) permits or waivers, which are obtained through the Regional Water Quality Control Board (RWQCB) per the Clean Water Act (§401). Any activity or facility that will discharge waste (such as soils from construction) into surface waters, or from which waste may be discharged, must obtain an NPDES permit or waiver from the RWQCB. The RWQCB 1 Title 33 U.S.C. Part 328 §328.3 Non jurisdiction waters. Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 4 evaluates an NPDES permit application to determine whether the proposed discharge is consistent with the adopted water quality objectives of the basin plan. Waters of the State of California In accordance with the Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.) the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCBs) (Water Boards) are authorized to regulate discharges of waste, which includes discharges of dredged or fill material, that may affect the quality of waters of the state. Procedures for the discharge of dredged or fill material to waters of the state conform to Executive Order W-59-93, the procedures ensure that the Water Boards’ regulation of dredge or fill activities will be conducted in a manner “to ensure no overall net loss and long-term gain in quantity, quality, and permanence of wetlands acreage and values...” The Water Boards define an area as wetland as follows: An area is wetland if, under normal circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation. Changes to the federal Navigable Waters Protection Rule went into effect in 2020, finalizing a revised definition of “waters of the United States” under the federal Clean Water Act (CWA) and significantly decreased the number of waters that fall under federal jurisdiction. Ephemeral features that only flow as a direct result of precipitation are no longer considered a water of the United States. The California State Water Resources Control Board (SWRCB) adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), which went into effect on May 28, 2020. The SWRCB considers all current and historic waters of the United States, including those that fell under a previous regulatory definition of waters of the United States as waters of the state. An example of a historic water of the United States that no longer falls under federal jurisdiction but still falls under the jurisdiction of the SWRCB and RWQCBs are ephemeral features (like drainage swales). The new requirement is to obtain a Waste Discharge Requirement (WDR) pursuant to the Porter-Cologne Water Quality Control Act. California Endangered Species Act The California Endangered Species Act (CESA) is similar to the federal ESA, but pertains to state-listed endangered and threatened species. The CESA requires state agencies to consult with the CDFW when preparing documents to comply with the CEQA. The purpose is to ensure that the actions of the lead agency do not jeopardize the continued existence of a listed species or result in the destruction, or adverse modification of habitat essential to the continued existence of those species. In addition to formal listing under the federal and state endangered species acts, “species of special concern” receive consideration by CDFW. Species of special concern are those whose numbers, reproductive success, or habitat may be threatened. California Fish and Wildlife Code The California Fish and Game Code (CFGC) (§3503.5) states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks, eagles, and falcons) or Strigiformes (all owls except barn owls) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto”. Take includes the disturbance of an active nest resulting in the abandonment or loss of young. The CFGC (§3503) also states that “it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto”. Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 5 Rare and Endangered Plants The California Native Plant Society is not a regulatory agency. However, the CNPS maintains a list of plant species native to California with low population numbers, limited distribution, or otherwise threatened with extinction. This information is published in the Inventory of Rare and Endangered Vascular Plants of California. Potential impacts to populations of CNPS-ranked plants receive consideration under CEQA review. The CNPS California Rare Plant Rank (CRPR) categorizes plants as the following: Rank 1A: Plants presumed extinct in California; Rank 1B: Plants rare, threatened, or endangered in California or elsewhere; Rank 2: Plants rare, threatened, or endangered in California, but more numerous elsewhere; Rank 3: Plants about which we need more information; and Rank 4: Plants of limited distribution. The California Native Plant Protection Act (CFGC §1900-1913) prohibits the taking, possessing, or sale within the state of any plants with a state designation of rare, threatened, or endangered as defined by CDFW. An exception to this prohibition allows landowners, under specific circumstances, to take listed plant species, provided that the owners first notify CDFW and give the agency at least 10 days to retrieve (and presumably replant) the plants before they are destroyed. Fish and Wildlife Code §1913 exempts from the ‘take’ prohibition ‘the removal of endangered or rare native plants from a canal, lateral ditch, building site, or road, or other right of way”. California Environmental Quality Act Guidelines §15380 Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines §15380(d) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled based on the definition in the ESA and the section of the CFGC dealing with rare, threatened, and endangered plants and animals. The CEQA Guidelines (§15380) allows a public agency to undertake a review to determine if a significant effect on species that have not yet been listed by either the USFWS or CDFW (e.g. candidate species, species of concern) would occur. 5.0 SETTING Regionally, the Study Area is located within the northern California central valley, within the city of Durham, California. Located in rolling to flat foothill terrain, with and elevation of 180 feet above sea level, the mean annual precipitation is approximately 33.68 inches as recorded at the Chico Municipal Airport. Mean monthly temperature ranges from 40 to 98 degrees Fahrenheit. The vegetative community descriptions and nomenclature described in this section generally follow the classification of disturbed (agricultural grading for rice farming) non-native grasslands. The major hydrological features within the Study Area are the ephemeral drainage swale along the northern boundary of the property and the roadside ditch along Highway 99. There are no perennial streams, lakes or ponds within the Study Area. 6.0 RESULTS 6.1 Description of the Existing Biological and Physical Conditions The Study Area is located in the City of Durham, southwest of Highway 99 and northeast of the Oroville- Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 6 Chico Highway, Butte County, California. The following describes the biological and physical conditions within the property and within the surrounding area. 6.1.1 Study Area The Study Area includes Butte County APN 040-490-002 and a 500-buffer surrounding the parcel. The flat to rolling foothill environments surrounding the Study Area are characterized by agricultural and grazing lands with seasonal and ephemeral drainages. A grove of medium diameter eucalyptus (Eucalyptus ssp.) trees form the southeast boundary of the Study Area. The ephemeral drainage swale along the northern boundary of the Study Area supports a sparse amount of seasonal wetland grasses. 6.1.2 Physical & Biological Conditions Vegetation within the Study Area consists of a mix of native and non-native grasses and eucalyptus trees. The ephemeral drainage supports a sparse amount of seasonal wetland grasses. Surveys were conducted following several inches of rain that occurred during the November – December time period. The ephemeral drainage had no flows; however, recent rain water has ponded in several areas. Additional surveys should be conducted during the spring blooming cycle time period. Non-native grasslands Historical aerials (See Appendix D) show the Study Area as relatively well vegetated with native and non-native grasses characteristic of former rice fields that have been out of production for several years. Non-native grasses and forbs typically occur on soils consisting of fine-textured loams or clays that are somewhat poorly drained. This vegetation type is dominated by grasses including wild oats (Avena barbata), Mediterranean barley (Hordeum marinum), and weedy annuals and perennial forbs, primarily of Mediterranean origin, that have replaced native grasses as a result of past disturbances including leveling for rice production. Within the Study Area a diverse weedy flora is present consisting of wild oats, filaree (Erodium cicutarium), yellow star thistle (Centaurea solstitialis), field bindweed (Convolvulus arvensis), fiddle dock (Rumex pulcher), medusahead (Elymus caput-medusae), radish (Raphanus raphanistrum), Italian ryegrass (Festuca perenne), trefoil (Lotus corniculatus), ripgut brome, Bromus diandrus, brome fescue, Vulpia bromoides, yellow hawkweed, Pilosella caespitosa, cat’s ear, Hypochaeris radicata, and sow thistle, Sonchus ssp., among others. Medium diameter eucalyptus trees form the southeast boundary of the Study Area. Native and introduced wildlife species are tolerant of human activities in non-native grassland land habitats. Such areas provide habitat for local wildlife species. Common birds such as the northern mockingbird (Mimus polyglottos), California scrub- jay (Aphelocoma californica), European starling (Sturnus vulgaris), and mourning dove (Zenaida macroura) were observed foraging in the Study Area. Two raptors, an American kestrel (Falco sparverius) and a red-shouldered hawk (Buteo lineatus) were observed overflying the site. Mammals such as raccoon (Procyon lotor), striped skunk (Mephitis mephitis), and black-tailed jackrabbit (Lepus californicus), are common in non-native grasslands. 6.2 Regional Species and Habitats of Concern The following table is a list of species that have the potential to occur within the Study Area and is composed of special-status species within the Hamlin Canyon and adjacent eight 7.5 minute quadrangles. Species lists reviewed, and which are incorporated in the following table, including the CDFW, USFWS, and CNDDB species list for the Study Area. Species that have the potential to occur within the Study Area are based on an evaluation of suitable habitat to support these species, CNDDB occurrences within a Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 7 five mile radius of the Study Area and observations made during biological surveys. Not all species listed within the following table have the potential to occur within the Study Area based on unsuitable habitat and/or lack of recorded observations within a five mile radius of the Study Area. Table 1. Evaluation of Listed and Proposed Species Potentially Occurring or Known to Occur in or near the Ten Turri Solar Farm Study Area Common Name (Scientific Name) Status Fed/State/ CNPS General Habitat Description Species Presence/ Habitat Presence Rationale INVERTEBRATES & INSECTS Vernal pool tadpole shrimp (Lepidurus packardi) FE/_/_ Vernal pools, swales, and ephemeral freshwater habitat. A/HA There are no vernal pools within the Study Area. The ephemeral drainage does not provide suitable habitat. Setbacks from drainage will be maintained. No Effect. Conservancy fairy shrimp (Branchinecta conservatio) FE/_/_ Found in large, turbid pools. Inhabit astatic pools located in swales formed by old braided alluvium. A/HA There are no vernal pools within the Study Area. The ephemeral drainage does not provide suitable habitat. Setbacks from drainage will be maintained. No Effect. Vernal pool fairy shrimp (Branchinecta lynchi) FT/_/_ Vernal pools, swales, and ephemeral freshwater habitat. A/HA There are no vernal pools within the Study Area. The ephemeral drainage does not provide suitable habitat. Setbacks from drainage will be maintained. No effect. Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) FT/_/_ Prefers to lay eggs in elderberries 2-8 inches in diameter; some preference shown for “stressed” A/HA There are no elderberry shrubs within or near the Study Area. No Effect Monarch butterfly (Danaus plexippus) FC/_/_ Monarchs lay their eggs on their obligate milkweed host plant (Asclepias ssp.) A/HA No habitat present within the Study Area. No milkweed host plant found on site. No Effect Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 8 Common Name (Scientific Name) Status Fed/State/ CNPS General Habitat Description Species Presence/ Habitat Presence Rationale BIRDS California Condor (Gymnogyps californianus) Experimental Population Non-Essential Require vast expanses of open savannah, grasslands, foothill chaparral in mountain ranges of moderate altitude A/HA There is no suitable habitat for this species in the Study Area. None were observed during the habitat survey. No Effect. Swainson’s hawk (Buteo swainsoni) _/ST/_ Breeds in grasslands with scattered trees, riparian areas and agricultural lands with groves of trees. A/HP Eucalyptus grove may provide suitable nesting habitat. No stick nests were found in the trees. Will require spring nesting survey. May Affect, Not Likely to Adversely Affect. REPTILES & AMPHIBIANS Northwestern pond turtle (Actinemys marmorata) FPT/_/_ Ponds, marshes, rivers, streams and irrigation ditches. A/HA There is no suitable habitat within or near the Study Area to support this species. The ephemeral drainage is dry the majority of the year. No Effect. Western Spadefoot Toad (Spea hammondii) FPT/_/_ Foothills, grasslands, open chaparral, and pine-oak woodlands. Breeds in temporary rain pools. Avoids irrigated agriculture. A/HA There is no suitable habitat for this species in the Study Area. None were observed during the habitat survey. No Effect. Giant gartersnake (Thamnophis gigas) FT/ST/_ Prefers freshwater marsh and low gradient streams. Has adapted to drainage canals and irrigation ditches. A/HA There is no suitable habitat within or near the Study Area to support this species. The ephemeral drainage is dry the majority of the year. No Effect. Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 9 Common Name (Scientific Name) Status Fed/State/ CNPS General Habitat Description Species Presence/ Habitat Presence Rationale PLANTS Butte County meadowfoam (Limnanthes floccosa ssp. californica) FE/SE/1B.1 Vernal pools, valley and foothill grassland. Wet or flowing drainages and depressions, soils are usually Redding clay with rocks A/HA There are no vernal pools within the Study Area. The ephemeral drainage does not provide suitable habitat. Setbacks from drainage will be maintained. No Effect. Hairy Orcutt grass (Orcuttia pilosa) FE/SE/1B.1 Vernal pools A/HA There are no vernal pools within the Study Area. Ephemeral drainage does not provide suitable habitat. No Effect Hoover’s spurge (Euphorbia hooveri) FT/_/1B.1 Vernal pools on volcanic mudflow or clay substrate. A/HA There are no vernal pools within the Study Area. Ephemeral drainage does not provide suitable habitat. No Effect Green’s tuctoria (Tuctoria greenei) FE/Rare/1B.1 Vernal pools in open grasslands. A/HA There are no vernal pools within the Study Area. Ephemeral drainage does not provide suitable habitat. No Effect CODE DESIGNATIONS FE = Federally-listed Endangered FT = Federally-listed Threatened FC = Federal Candidate Species FPT=Federal Proposed Threatened BCC = Federal Bird of Conservation Concern MBTA = Protected by the federal Migratory Bird Treaty Act SE = State-listed Endangered ST = State-listed Threatened SR = State-listed Rare SSC = State Species of Special Concern S1 = State Critically Imperiled S2 = State Imperiled S3 = State Vulnerable S4 = State Apparently Secure SSC = CDFW Species of Special Concern FP =CDFW Fully Protected Species A = Species Absent P = Species Present HA = Habitat Absent HP = Habitat Present CH = Critical Habitat MH = Marginal Habitat CNPS 1B = Rare or Endangered in California or elsewhere CNPS 2 = Rare or Endangered in California, more common elsewhere CNPS 3 = More information is needed CNPS 4 = Plants with limited distribution 0.1 =Seriously Threatened 0.2 = Fairly Threatened 0.3 = Not very Threatened Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 10 Migratory Birds Nesting birds are protected under the MBTA (16 USC 703) and the CFWC (3503). The MBTA (16 USC §703) prohibits the killing of migratory birds or the destruction of their occupied nests and eggs except in accordance with regulations prescribed by the USFWS. The bird species covered by the MBTA includes nearly all of those that breed in North America, excluding introduced (i.e. exotic) species (50 Code of Federal Regulations §10.13). Activities that involve the removal of vegetation including trees, shrubs, grasses, and forbs or ground disturbance has the potential to affect bird species protected by the MBTA. The CFWC (§3503.5) states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks, eagles, and falcons) or Strigiformes (all owls except barn owls) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto”. Take includes the disturbance of an active nest resulting in the abandonment or loss of young. The CFWC (§3503) also states that “it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto”. Survey Results During the migratory bird and raptor survey conducted during January 2025, there were no observed nests within the Study Area. Surveys were conducted outside the nesting season (bird nesting season spans from February 1 to August 31). Spring follow up surveys will be required, additionally if onsite disturbances are anticipated during the normal nesting season (February 1 to August 31), preconstruction nesting surveys will be required a minimum of 30 day prior to ground disturbances.. Mitigation Based on suitable nesting habitat and historical CNDDB records within a five mile radius of the Study Area, there is potential nesting opportunities for resident and migratory bird species on or within 500 feet of the project area. Spring surveys will be required and preconstruction nesting bird surveys will be required if disturbances are anticipated during the normal nesting season (February 1 – August 31). Table 2. Impacts and Recommended Avoidance & Minimization Measures Target Species/ Communities Impacts Avoidance and Minimization Measures Special Status Plant Species Less-than- significant with Avoidance and Minimization Measures incorporated January botanical surveys were conducted outside the normal blooming cycle for all plant species of concern. Spring 2025 surveys will be required and preconstruction surveys will be required. Special Status Wildlife Species (avian species) Less-than- significant with Avoidance and Minimization Measures incorporated January avian species surveys were conducted outside the normal nesting season. Spring 2025 nesting season surveys will be required. Preconstruction nesting bird surveys will be required if construction is anticipated during Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 11 Target Species/ Communities Impacts Avoidance and Minimization Measures the normal nesting period (February 1-August 31) time period. Ephemeral Drainage and Roadside Ditch Less-than- significant with Avoidance and Minimization Measures incorporated Maintaining appropriate setbacks (50 -100 feet) from the ephemeral drainage and roadside ditch will be required. Direct impacts to the ephemeral drainage will require permits from the Regional Water Quality Control Board. 7.0 RESULTS: PERMITS AND TECHNICAL STUDIES FOR SPECIAL LAWS OR CONDITIONS 7.1 Federal Endangered Species Act Summary The USFWS was contacted during January 2025 for a list of endangered, threatened, sensitive and rare species, and their habitats within the Study Area. The list was derived from special-status species that occur or have the potential to occur within the USGS Hamlin Canyon and eight surrounding 7.5" Quadrangles. The list was referenced to determine appropriate biological and botanical surveys and potential species occurrence within the Study Area. 7.2 Essential Fish Habitat Summary Essential fish habitat (EFH) means those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity (Magnuson-Stevens Fishery Conservation and Management Act (MSA) §3). There is no habitat within the Study Area that provides "waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity," or special-status fish species managed under a fishery council (i.e. chinook and Coho). Therefore there is no EFH or the need for federal fisheries consultation. 7. 3 California Endangered Species Act Summary The CDFW was consulted during January 2025 for a list of endangered, threatened, sensitive and rare species, and their habitats within the Study Area. The list was derived from special-status species that occur or have the potential to occur within the USGS Hamlin Canyon and eight surrounding 7.5" Quadrangles. The list was referenced to determine appropriate biological and botanical surveys and potential species occurrence within the Study Area. 7.4 Wetlands and Others Water Summary MHBA conducted a Determination of Waters of the U.S. within the Study Area. Surveys were conducted during January 2025 by MHBA's Marcus H. Bole. The surveys involved an examination of botanical resources, soils, hydrological features, and determination of wetland characteristics based on the United States Army Corps of Engineers Wetlands Delineation Manual (1987); the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (2008); the U.S. Army Corps of Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 12 Engineers Jurisdictional Determination Form Instructional Guidebook (2007); the U.S. Army Corps of Engineers Ordinary High Flows and the Stage-Discharge Relationship in the Arid West Region (2011); and the U.S. Army Corps of Engineers Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (2008). 7.5 Determination of Waters of the United States The intent of this determination is to identify wetlands and “Other Waters of the United States” that are present within the Study Area that could fall under the regulatory jurisdiction of the U. S. Army Corps of Engineers (Corps) pursuant to Section 404 of the Clean Water Act. The 1987 Corps of Engineers Wetlands Delineation Manual identifies several methodologies and combinations of methodologies that can be utilized in making jurisdictional determinations. Marcus H. Bole & Associates has employed the Routine On-Site Determination methodology for this study (as supplemented by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, dated September 2008). The Routine On-Site Determination method uses a three-parameter approach (vegetation, soils and hydrology) to identify and delineate the boundaries of jurisdictional wetlands. To be considered a wetland, all three positive wetland parameters must be present. These parameters include (1) a dominance of wetland vegetation, (2) a presence of hydric soils, and (3) hydrologic conditions that result in periods of inundation or saturation on the surface from flooding or ponding. Further description of these parameters is provided below: 1) Vegetation. Wetland vegetation includes those plants that possess physiological traits that allow them to grow and persist in soils subject to inundation and anaerobic soil conditions. Plant species are classified according to their probability of being associated with wetlands. Obligate (OBL) wetland plant species almost always occur in wetlands (more than 99 percent of the time), facultative wetland (FACW) plant species occur in wetlands most of the time (67 to 99 percent), and facultative (FAC) plant species have about an equal chance (33 to 66 percent) of occurring in wetlands as in uplands. For this study, vegetation was considered to meet the vegetation criteria if more than 50% of the vegetative cover was FAC or wetter. Scattered, sparse seasonal wetland grasses (sedge and dock) were identified within the ephemeral drainage along the northern boundary of the Study Area. 2) Hydric Soils. Hydric soils are saturated, flooded, or ponded in the upper stratum long enough during the growing season to develop anaerobic conditions and favor the growth of wetland plants. Hydric soils include gleyed soils (soils with gray colors), or usually display indicators such as low chroma values, redoximorphic features, iron, or manganese concretions, or a combination of these indicators. Low chroma values are generally defined as having a value of 2 or less using the Munsell Soil Notations (Munsell, 1994). For this study a soil was considered to meet the hydric soil criteria for color if it had a chroma value of one or a chroma of two with redoximorphic features, or if the soil exhibited iron or manganese concretions. Redoximorphic features (commonly referred to as mottles) are areas in the soils that have brighter (higher chroma) or grayer (lower chroma) colors than the soil matrix. Redoximorphic features are the result of the oxidation and reduction process that occurs under anaerobic conditions. Iron and manganese concretions form during the oxidation-reduction process, when iron and manganese in suspension are sometimes segregated as oxides into concretions or soft masses. These accumulations are usually black or dark brown. Concretions 2 mm in diameter occurring within 7.5 cm of the surface are evidence that the soil is saturated for long periods near the surface. Onsite soils were identified as Wafap-Hamsslough (Wafap gravelly loam), 0 to 2 percent slopes. These are not “hydric” soils and except for the immediate bed of the ephemeral drainage and the Highway 99 roadside ditch, no indication of hydric soil conditions were observed within or near the Study Area. Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 13 3) Hydrology. Wetlands by definition are seasonally inundated or saturated at or near the surface. In order for an area to have wetland hydrology, it has to be inundated or saturated for 5% of the growing season (approximately 12 days) (USDA, 1967). Indicators include visual soil saturation, flooding, watermarks, drainage patterns, encrusted sediment and plant deposits, cryptogrammic lichens, and algal mats. The ephemeral drainage is fed only through seasonal precipitation. A 50-100 foot setback from the ephemeral drainage and the Highway 99 roadside ditch should be observed. Wetland Determination Results Using the methodologies described in the 1987 Wetland Delineation Manual, Marcus H. Bole & Associates determined that the Study Area is characterized by approximately 0.93-acres of an ephemeral drainage and 0.25-acres of a roadside ditch. The project has been designed to avoid impacts to the ephemeral drainage and roadside ditch. 7.6 Determination of Waters of the State of California In accordance with the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, the ephemeral drainage meets the definition of a historic water of the United States that no longer falls under federal jurisdiction but still falls under the jurisdiction of the State Water Resource Control Board (SWRCB) and the Reginal Water Quality Control Board (RWQCB). Impacts to the onsite ephemeral drainage will require the project proponent to obtain a Waste Discharge Requirement (WDR) pursuant to the Porter-Cologne Water Quality Control Act. 8.0 CONCLUSIONS AND RECOMMENDATIONS A project is normally considered to have a significant impact on wildlife if it will interfere substantially with the movement of any resident or migratory fish or wildlife species; or substantially diminishes habitat quantity or quality for dependent wildlife and plant species. Impacts to special status species and their associated habitats are also considered significant if the impact would reduce or adversely modify a habitat of recognized value to a sensitive wildlife species or to an individual of such species. This guideline applies even to those species not formally listed as threatened, rare or endangered by the United States Fish and Wildlife Service. Due to the past disturbances associated with rice farming within the entire Study Area, project implementation should result in NO EFFECT to resident or migratory avian species, special status plants, or protected wildlife species. The following recommendations are offered:  Adherence to an appropriate set-back from the ephemeral drainage and Highway 99 roadside ditch will be required to minimize impacts to these features. If direct impacts are required, further delineations and a Waste Discharge Permit will be required from the Regional Water Quality Control Board.  To avoid potential impacts to (nesting) avian species, spring 2025 nesting season surveys will be conducted. Survey results will be presented in an addendum to this Biological Resources Assessment. Additionally, preconstruction nesting bird surveys will be required if impacts are anticipated during the normal nesting season (February 1 – August 31).  Plant surveys were conducted outside the normal blooming cycle for all plants of concern. Spring 2025 blooming cycle plant surveys will be conducted. Survey results will be presented in an Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 14 addendum to this Biological Resources Assessment. This concludes our Biological Resources Assessment and Wetland Determination for APN 040-490-002, a ±31.94-acre Study Area located at 870 Oroville-Chico Highway, Durham, California. If you have any questions concerning our findings, conclusions or recommended follow up survey requirements, please feel free to contact me directly at: Marcus H. Bole & Associates, Attn: Marcus Bole, 104 Brock Drive, Wheatland, CA 95692, phone 530-633-0117, cell phone/text 916-747-8501, and email: marcus@mhbole.com. Respectfully Submitted: Marcus H. Bole, M.S, Senior Wildlife Biologist Senior Wetland Scientist LIST OF ATTACHMENTS: APPENDIX A: MAPS & PHOTO PLATES APPENDIX B: CNDDB & IPaC DATABASES APPENDIX C: SOIL DATA APPENDIX D: HISTORICAL AERIALS 9.0 REFERENCES California Natural Diversity Data Base. January 2025. Biogeography Data Branch, California Department of Fish and Game. California Native Plant Society. Inventory of Rare and Endangered Vascular Plants of California. February 1994 / Special Publication No. 1 / Fifth Edition. Cowardin, Lewis M.; Carter, Virginia; Golet, Francis C.; and La Roe, Edward T. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U. S. Wildlife Service Office of Biological Services. Environmental Data Resources. The EDR Aerial Photo Decade Package. 870 Oroville-Chico Highway, Durham, California. Hinds, N.E.A. 1952. Evolution of the California landscape. California Division of Mines Bulletin No. 158. 240 pp. IUCN Red List of Threatened Species, Spea Hammondii, Western Spadefoot Toad. Citation: Georgina Santos-Barrera, Geoffrey Hammerson, Steven Morey. 2004. NRCS. Custom Soil Resource Report for Butte Area, California, Parts of Butte and Plumas County. 8 Biological Resource Assessment and Wetland Determination 870 Oroville-Chico Highway, Durham CA January 2025 Marcus H. Bole & Associates 15 Web Soil Survey Report, January 9, 2025. U.S. Army Corps of Engineers (USACE). 2008. Regional supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. J.S. Wakeley, R.W. Lichvar, and C.V. Noble, ed. ERDC/EL TR-06-16. Vicksburg, MS: U.S. Army Engineer Research and Development Center, Environmental Laboratory. APPENDIX A: MAPS & PHOTOS N BUTTE COUNTY APN 040‐490‐002 Figure 1: Vicinity Map: Ten Turri Solar Farm Project, 870 Oroville Chico Highway, site located approximately 39.650764N, 121.728895W, Township 21N, Range 2 E, Hamlin Canyon , 7.5’ USGS Quadrangle. TEN TURRI SOLAR FARM, 870 OROVILLE CHICO HIGHWAY SITE FORMER RICELAND NOW NON-NATIVE GRASSLAND CULVERT SIGNN1” = 215’ FIGURE 2 LEGEND TEN TURRI SOLAR FARM BUTTE COUNTY APN 040-490-002 31.94-acres, 39.650764N, -121.728896W Ephemeral Drainage = 0.93-ac. Roadside Ditch = 0.25-ac. 870 Oroville-Chico Highway, Durham, CA STEEL MILL RECYCLERS FIGURE 3 MARCUS H. BOLE & ASSOCIATES 104 Brock Drive, Wheatland, CA 95692 (530) 633-0117, email: mbole@aol.com SITE: TEN TURRI SOLAR FARM ITEM: Site Photos - Typical DATE: 1/9/2025 PLATE: 1 MARCUS H. BOLE & ASSOCIATES 104 Brock Drive, Wheatland, CA 95692 (530) 633-0117, email: mbole@aol.com SITE: TEN TURRI SOLAR FARM ITEM: Ephemeral Drainage DATE: 1/9/2025 PLATE: 2 MARCUS H. BOLE & ASSOCIATES 104 Brock Drive, Wheatland, CA 95692 (530) 633-0117, email: mbole@aol.com SITE: TEN TURRI SOLAR FARM ITEM: Highway 99 roadside ditch DATE: 1/9/2025 PLATE: 3 MARCUS H. BOLE & ASSOCIATES 104 Brock Drive, Wheatland, CA 95692 (530) 633-0117, email: mbole@aol.com SITE: TEN TURRI SOLAR FARM ITEM: Eucalyptus grove southern boundary DATE: 1/9/2025 PLATE: 4 APPENDIX B: CNDDB & FEDERAL DATABASES 01/25/2025 00:50:31 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 Phone: (916) 414-6600 Fax: (916) 414-6713 In Reply Refer To: Project Code: 2025-0047196 Project Name: TEN TURRI SOLAR FARM Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) Project code: 2025-0047196 01/25/2025 00:50:31 UTC 2 of 8 (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Project code: 2025-0047196 01/25/2025 00:50:31 UTC 3 of 8 ▪ Attachment(s): Official Species List OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 (916) 414-6600 Project code: 2025-0047196 01/25/2025 00:50:31 UTC 4 of 8 PROJECT SUMMARY Project Code:2025-0047196 Project Name:TEN TURRI SOLAR FARM Project Type:Commercial Development Project Description:870 Oroville-Chico Highway, Durham, CA. Butte County APN 040-490-002 Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@39.65016145,-121.72949188276775,14z Counties:Butte County, California Project code: 2025-0047196 01/25/2025 00:50:31 UTC 5 of 8 1. ENDANGERED SPECIES ACT SPECIES There is a total of 12 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 1 Project code: 2025-0047196 01/25/2025 00:50:31 UTC 6 of 8 BIRDS NAME STATUS California Condor Gymnogyps californianus Population: Pacific Northwest NEP No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8193 Experimental Population, Non- Essential REPTILES NAME STATUS Giant Garter Snake Thamnophis gigas No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4482 Threatened Northwestern Pond Turtle Actinemys marmorata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1111 Proposed Threatened AMPHIBIANS NAME STATUS Western Spadefoot Spea hammondii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5425 Proposed Threatened INSECTS NAME STATUS Monarch Butterfly Danaus plexippus There is proposed critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/9743 Proposed Threatened Valley Elderberry Longhorn Beetle Desmocerus californicus dimorphus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7850 Threatened CRUSTACEANS NAME STATUS Conservancy Fairy Shrimp Branchinecta conservatio There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8246 Endangered Vernal Pool Fairy Shrimp Branchinecta lynchi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/498 Threatened Project code: 2025-0047196 01/25/2025 00:50:31 UTC 7 of 8 NAME STATUS Vernal Pool Tadpole Shrimp Lepidurus packardi There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2246 Endangered FLOWERING PLANTS NAME STATUS Greene's Tuctoria Tuctoria greenei There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1573 Endangered Hairy Orcutt Grass Orcuttia pilosa There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2262 Endangered Hoover's Spurge Chamaesyce hooveri There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3019 Threatened CRITICAL HABITATS There are 4 critical habitats wholly or partially within your project area under this office's jurisdiction. NAME STATUS Greene's Tuctoria Tuctoria greenei https://ecos.fws.gov/ecp/species/1573#crithab Final Hairy Orcutt Grass Orcuttia pilosa https://ecos.fws.gov/ecp/species/2262#crithab Final Hoover's Spurge Chamaesyce hooveri https://ecos.fws.gov/ecp/species/3019#crithab Final Vernal Pool Tadpole Shrimp Lepidurus packardi https://ecos.fws.gov/ecp/species/2246#crithab Final Project code: 2025-0047196 01/25/2025 00:50:31 UTC 8 of 8 IPAC USER CONTACT INFORMATION Agency:Bole & Associates Name:Marcus Bole Address:104 Brock Drive City:Wheatland State:CA Zip:95692 Email mbole@aol.com Phone:5306330117 Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP adobe-lily Fritillaria pluriflora PMLIL0V0F0 None None G2G3 S2S3 1B.2 Ahart's buckwheat Eriogonum umbellatum var. ahartii PDPGN086UY None None G5T3 S3 1B.2 Ahart's paronychia Paronychia ahartii PDCAR0L0V0 None None G3 S3 1B.1 American badger Taxidea taxus AMAJF04010 None None G5 S3 SSC American bumble bee Bombus pensylvanicus IIHYM24260 None None G3G4 S2 American peregrine falcon Falco peregrinus anatum ABNKD06071 Delisted Delisted G4T4 S3S4 bald eagle Haliaeetus leucocephalus ABNKC10010 Delisted Endangered G5 S3 FP big-scale balsamroot Balsamorhiza macrolepis PDAST11061 None None G2 S2 1B.2 Brandegee's clarkia Clarkia biloba ssp. brandegeeae PDONA05053 None None G4G5T4 S4 4.2 brownish beaked-rush Rhynchospora capitellata PMCYP0N080 None None G5 S2 2B.2 burrowing owl Athene cunicularia ABNSB10010 None Candidate Endangered G4 S2 SSC Butte County checkerbloom Sidalcea robusta PDMAL110P0 None None G2 S2 1B.2 Butte County fritillary Fritillaria eastwoodiae PMLIL0V060 None None G3Q S3 3.2 Butte County golden clover Trifolium jokerstii PDFAB40310 None None G2 S2 1B.2 Butte County meadowfoam Limnanthes floccosa ssp. californica PDLIM02042 Endangered Endangered G4T1 S1 1B.1 Butte County morning-glory Calystegia atriplicifolia ssp. buttensis PDCON04012 None None G5T3 S3 4.2 California beaked-rush Rhynchospora californica PMCYP0N060 None None G1 S1 1B.1 Query Criteria:Quad IS (Hamlin Canyon (3912166) OR Paradise East (3912175) OR Paradise West (3912176) OR Cherokee (3912165) OR Oroville (3912155) OR Shippee (3912156) OR Nelson (3912157) OR Chico (3912167) OR Richardson Springs (3912177)) AND (Federal Listing Status IS (Endangered OR Threatened OR Proposed Endangered OR Proposed Threatened OR Candidate OR All CNDDB element occurrences OR Delisted) OR State Listing Status IS (Endangered OR Threatened OR Rare OR All CNDDB element occurrences OR Delisted OR Candidate Endangered OR Candidate Threatened)) Report Printed on Monday, January 06, 2025 Page 1 of 4Commercial Version -- Dated December, 1 2024 -- Biogeographic Data Branch Information Expires 6/1/2025 Selected Elements by Common Name California Department of Fish and Wildlife California Natural Diversity Database Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP California black rail Laterallus jamaicensis coturniculus ABNME03041 None Threatened G3T1 S2 FP California linderiella Linderiella occidentalis ICBRA06010 None None G2G3 S2S3 California satintail Imperata brevifolia PMPOA3D020 None None G3 S3 2B.1 Caribou coffeeberry Frangula purshiana ssp. ultramafica PDRHA0H061 None None G5T2T3 S2S3 1B.2 chaparral sedge Carex xerophila PMCYP03M60 None None G2 S2 1B.2 chinook salmon - Central Valley spring-run ESU Oncorhynchus tshawytscha pop. 11 AFCHA0205L Threatened Threatened G5T2Q S2 closed-throated beardtongue Penstemon personatus PDSCR1L4Y0 None None G2 S2 1B.2 coast horned lizard Phrynosoma blainvillii ARACF12100 None None G4 S4 SSC Colusa layia Layia septentrionalis PDAST5N0F0 None None G2 S2 1B.2 Crotch's bumble bee Bombus crotchii IIHYM24480 None Candidate Endangered G2 S2 dissected-leaved toothwort Cardamine pachystigma var. dissectifolia PDBRA0K1B1 None None G3G5T2Q S2 1B.2 foothill yellow-legged frog - Feather River DPS Rana boylii pop. 2 AAABH01052 Threatened Threatened G3T2 S2 foothill yellow-legged frog - north coast DPS Rana boylii pop. 1 AAABH01051 None None G3T4 S4 SSC Gallaway's amphipod Stygobromus gallawayae ICMAL05E10 None None G1 S1 giant gartersnake Thamnophis gigas ARADB36150 Threatened Threatened G2 S2 great blue heron Ardea herodias ABNGA04010 None None G5 S4 Great Valley Cottonwood Riparian Forest Great Valley Cottonwood Riparian Forest CTT61410CA None None G2 S2.1 Great Valley Mixed Riparian Forest Great Valley Mixed Riparian Forest CTT61420CA None None G2 S2.2 Great Valley Valley Oak Riparian Forest Great Valley Valley Oak Riparian Forest CTT61430CA None None G1 S1.1 Great Valley Willow Scrub Great Valley Willow Scrub CTT63410CA None None G3 S3.2 green sturgeon - southern DPS Acipenser medirostris pop. 1 AFCAA01031 Threatened None G2T1 S1 SSC Report Printed on Monday, January 06, 2025 Page 2 of 4Commercial Version -- Dated December, 1 2024 -- Biogeographic Data Branch Information Expires 6/1/2025 Selected Elements by Common Name California Department of Fish and Wildlife California Natural Diversity Database Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP Greene's tuctoria Tuctoria greenei PMPOA6N010 Endangered Rare G1 S1 1B.1 hoary bat Lasiurus cinereus AMACC05032 None None G3G4 S4 Hoover's spurge Euphorbia hooveri PDEUP0D150 Threatened None G1 S1 1B.2 Jepson's onion Allium jepsonii PMLIL022V0 None None G2 S2 1B.2 least Bell's vireo Vireo bellii pusillus ABPBW01114 Endangered Endangered G5T2 S3 Lewis Rose's ragwort Packera eurycephala var. lewisrosei PDAST8H182 None None G4T2 S2 1B.2 loggerhead shrike Lanius ludovicianus ABPBR01030 None None G4 S4 SSC Mildred's clarkia Clarkia mildrediae ssp. mildrediae PDONA050Q2 None None G3T3?S3?1B.3 Mosquin's clarkia Clarkia mosquinii PDONA050S0 None None G2 S2 1B.1 North American porcupine Erethizon dorsatum AMAFJ01010 None None G5 S3 Northern Basalt Flow Vernal Pool Northern Basalt Flow Vernal Pool CTT44131CA None None G3 S2.2 Northern Hardpan Vernal Pool Northern Hardpan Vernal Pool CTT44110CA None None G3 S3.1 northern slender pondweed Stuckenia filiformis ssp. alpina PMPOT03091 None None G5T5 S2S3 2B.2 Northern Volcanic Mud Flow Vernal Pool Northern Volcanic Mud Flow Vernal Pool CTT44132CA None None G1 S1.1 northwestern pond turtle Actinemys marmorata ARAAD02031 Proposed Threatened None G2 SNR SSC osprey Pandion haliaetus ABNKC01010 None None G5 S4 WL pallid bat Antrozous pallidus AMACC10010 None None G4 S3 SSC pink creamsacs Castilleja rubicundula var. rubicundula PDSCR0D482 None None G5T2 S2 1B.2 recurved larkspur Delphinium recurvatum PDRAN0B1J0 None None G2?S2 1B.2 Red Bluff dwarf rush Juncus leiospermus var. leiospermus PMJUN011L2 None None G2T2 S2 1B.1 silver-haired bat Lasionycteris noctivagans AMACC02010 None None G3G4 S3S4 Report Printed on Monday, January 06, 2025 Page 3 of 4Commercial Version -- Dated December, 1 2024 -- Biogeographic Data Branch Information Expires 6/1/2025 Selected Elements by Common Name California Department of Fish and Wildlife California Natural Diversity Database Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP spicate calycadenia Calycadenia spicata PDAST1P090 None None G3?S3 1B.3 steelhead - Central Valley DPS Oncorhynchus mykiss irideus pop. 11 AFCHA0209K Threatened None G5T2Q S2 SSC Swainson's hawk Buteo swainsoni ABNKC19070 None Threatened G5 S4 Townsend's big-eared bat Corynorhinus townsendii AMACC08010 None None G4 S2 SSC tricolored blackbird Agelaius tricolor ABPBXB0020 None Threatened G1G2 S2 SSC valley elderberry longhorn beetle Desmocerus californicus dimorphus IICOL48011 Threatened None G3T3 S3 veiny monardella Monardella venosa PDLAM18082 None None G1 S1 1B.1 vernal pool fairy shrimp Branchinecta lynchi ICBRA03030 Threatened None G3 S3 vernal pool tadpole shrimp Lepidurus packardi ICBRA10010 Endangered None G3 S3 Wawona riffle beetle Atractelmis wawona IICOL58010 None None G3 S1S2 western bumble bee Bombus occidentalis IIHYM24252 None Candidate Endangered G3 S1 western mastiff bat Eumops perotis californicus AMACD02011 None None G4G5T4 S3S4 SSC western ridged mussel Gonidea angulata IMBIV19010 None None G3 S2 western spadefoot Spea hammondii AAABF02020 Proposed Threatened None G2G3 S3S4 SSC white-stemmed clarkia Clarkia gracilis ssp. albicaulis PDONA050J1 None None G5T3 S3 1B.2 woolly meadowfoam Limnanthes floccosa ssp. floccosa PDLIM02043 None None G4T4 S3 4.2 woolly rose-mallow Hibiscus lasiocarpos var. occidentalis PDMAL0H0R3 None None G5T3 S3 1B.2 yellow warbler Setophaga petechia ABPBX03010 None None G5 S3 SSC Yuma myotis Myotis yumanensis AMACC01020 None None G5 S4 Record Count: 78 Report Printed on Monday, January 06, 2025 Page 4 of 4Commercial Version -- Dated December, 1 2024 -- Biogeographic Data Branch Information Expires 6/1/2025 Selected Elements by Common Name California Department of Fish and Wildlife California Natural Diversity Database APPENDIX C: SOIL DATA Soil Map—Butte Area, California, Parts of Butte and Plumas Counties (TEN TURRI SOLAR FARM) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/9/2025 Page 1 of 34389000438910043892004389300438940043895004389600438970043898004389900439000043901004390200439030043890004389100438920043893004389400438950043896004389700438980043899004390000439010043902004390300608500608600608700608800608900609000609100609200609300609400609500 608600 608700 608800 608900 609000 609100 609200 609300 609400 609500 609600 39° 39' 22'' N 121° 44' 6'' W39° 39' 22'' N121° 43' 20'' W39° 38' 35'' N 121° 44' 6'' W39° 38' 35'' N 121° 43' 20'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 10N WGS84 0 300 600 1200 1800Feet 0 100 200 400 600Meters Map Scale: 1:7,060 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Butte Area, California, Parts of Butte and Plumas Counties Survey Area Data: Version 22, Sep 4, 2024 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 3, 2023—Sep 8, 2023 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Butte Area, California, Parts of Butte and Plumas Counties (TEN TURRI SOLAR FARM) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/9/2025 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 301 Wafap-Hamslough , 0 to 2 percent slopes 114.4 43.7% 614 Doemill-Jokerst , 0 to 3 percent slopes 23.2 8.9% 615 Doemill-Jokerst , 3 to 8 percent slopes 16.6 6.3% 616 Jokerst-Doemill-Typic Haploxeralfs , 8 to 15 percent slopes 10.5 4.0% 675 Clearhayes-Hamslough , 0 to 2 percent slopes 46.7 17.8% 677 Tuscan-Fallager-Anita, gravelly duripan, , 0 to 3 percent slopes 50.4 19.3% Totals for Area of Interest 261.9 100.0% Soil Map—Butte Area, California, Parts of Butte and Plumas Counties TEN TURRI SOLAR FARM Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/9/2025 Page 3 of 3 APPENDIX D: HISTORICAL RESEARCH DOCUMENTATION