Loading...
HomeMy WebLinkAboutTPM14-0009_IS-MND_Final 100316 Department of Development Services Tim Snellings, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.538.7601 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds BUTTE COUNTY ZONING ADMINISTRATOR NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR TENTATIVE PARCEL MAP TPM14-0009 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project listed below at a public hearing before the Butte County Zoning Administrator to be held on November 9, 2016 at 10:00 a.m. in the Butte County Development Services Training Room, located at 7 County Center Drive, Oroville, California. Project: Tentative Parcel Map TPM14-0009 for Choy Saetern. Location: East side of Power House Hill Road, ¼ mile north from Palermo Road, 2 miles south of the city of Oroville in the community of Palermo. APN: 025-340-038 Proposal: The applicant is requesting to subdivide 29.10 acres into four lots and a designated remainder: 5.33 acres (Lot 1), 5.34 acres (Lot 2), 5.52 acres (Lot 3), 5.52 acres (Lot 4), and 7.39 acres (Remainder). The project site is located in the RR-5 zone district. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND) and reference documents for this project are on file for public review and comment starting October 7, 2016 through November 5, 2016, at the Butte County Planning Division, 7 County Center Drive, Oroville, CA. The IS/MND is also available for review on the County website at http://www.buttecounty.net/dds/Planning/CEQA.aspx. All persons are invited to review the documents. Comments may be submitted at the above address to the Planning Division in writing at any time prior to the hearing or orally at the meeting listed above, or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Zoning Administrator, or prior to the public hearing. For information call or send an email to Rowland Hickel, Senior Planner, Butte County Development Services Department, Planning Division at (530) 538- 7150 or rhickel@buttecounty.net. BUTTE COUNTY ZONING ADMINISTRATOR TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION TENTATIVE PARCEL MAP TPM 14-0009 (Saetern) Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 1 of 56 ■ COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR TENTATIVE PARCEL MAP TPM14-0009 (Saetern) 1.0 PROJECT INFORMATION A. Applicant/Owner: Choy Saetern (Applicant/Owner) B. Staff Contact: Rowland Hickel, Senior Planner; (530) 538-7150, rhickel@buttecounty.net C. Project Name: TPM14-0009; Choy Saetern Tentative Parcel Map D. Project Location: The project site is located on the east side of Power House Hill Road, ¼ mile north from Palermo Road, south of the city of Oroville. Township 18 North, Range 3 East, Section 1; MDB&M. E. Type of Application: Tentative Parcel Map F. Assessor Parcel Number: 025-340-038 G. Project Site Size: 29.10± acres H. Current Zoning: RR-5 (Rural Residential – 5-acre density) I. General Plan Designation: RR (Rural Residential) J. Environmental Setting: The project site encompasses 29.10 acres of undeveloped grazing lands located adjacent to Power House Hill Road, ¼ mile north from Palermo Road, and approximately 2 miles south from the City of Oroville city limits. The terrain of the project site is gentle and flat, with elevations ranging from 150 feet above mean sea level (msl) along the southern boundary line to 175 feet (msl) along the northern boundary. Mima mound-swale topography (which refers to a landscape of naturally occurring, low, circular to oval mounds interspersed with swales) is a prominent feature over most of the site, except along the northern portion of the site where past agricultural/grading activities have created a level surface. Several small vernal pools, seasonal swales and drainages are located along the southern and eastern portions of the project site. The project site is situated in the RR-5 zone district. The Rural Residential zone allows for the appropriate development of large-lot single-family homes, small farmsteads, and related uses in the rural and agricultural areas of the county. Standards for the RR zone are intended to preserve and protect the character of existing rural residential areas and ensure that future rural residential development is compatible with adjacent agricultural uses. Permitted residential uses in the RR zone include a single-family home, small residential care home, and a second unit. The RR zone also conditionally permits non-residential uses compatible with a rural residential setting, including public and quasi-public uses, personal services, nurseries, and animal services. Animal grazing, crop cultivation, private stable, on-site agricultural products sales, and other similar agricultural activities are permitted uses in the RR zone. The minimum permitted parcel size in the RR zone is 5 acres. Soils on the project site consists of an Oroville-Thermalito-Fernandez-Thompson Flat Complex, 0 to 9 percent slopes. This unit is composed of 30 percent Oroville, gravelly fine sandy loam, 25 percent Thermalito sandy loam, 15 percent Fernandez sandy load, 15 percent Thompson Flat fine sandy loam, and 15 percent minor components. This soil has high shrink-swell potential and shallow depth to a restrictive layer for drainage. The Butte County General Plan identifies this property to be located in the Annual Grasslands vegetative community type. Annual grasslands are described as open grasslands composed primarily of annual plant species. Species commonly found within annual grasslands include wild oats, ripgut brome, red brome, soft chess, wild barely, filaree, and various clovers among others. Vernal pools and swales occur within annual grasslands within the project site. These wetland features provide unique habitats for several endemic California plants and invertebrates, as well as amphibians. Wildlife species that use annual grasslands include Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 2 of 56 ■ the western fence lizard, garter snake, western rattlesnake, black-tailed jackrabbit California ground squirrel, western burrowing owl, short-eared owl, horned lark, western meadowlark, northern harrier, and American kestrel. The project site is not listed on the California Department of Toxic Substances Control (DTSC) Hazardous Waste and Substances Site List (Cortese List) and is not located near any sites or sites known or suspected to contain hazardous materials. K. Surrounding Land Uses: The area surrounding the project site primarily includes large undeveloped agricultural grazing lands to the east and west, and rural residences to the north and south. Power House Hill Road, a County-maintained roadway, borders the western property line of the project site. Direction General Plan Designation Zoning Existing Land Use(s) North Rural Residential RR-5 Single-Family Residential South Very Low Density Residential VLDR Single-Family Residential East Rural Residential RR-5 Agriculture/Grazing West Agricultural AG-40 Agriculture/Grazing L. Project Description: The applicant is requesting to subdivide 29.10 acres into four lots and a Remainder: 5.33 acres (Lot 1), 5.34 acres (Lot 2), 5.52 acres (Lot 3), 5.52 acres (Lot 4), and 7.39 acres (Remainder). The project site is located in the RR-5 zone district. Domestic water for future development on the resultant parcels would be provided by on-site domestic wells. Wastewater disposal for future development would be provided by individual on-site septic systems. Access to the proposed lots would be provided by a new private road off Power House Hill Road. The access road will be constructed to the County’s RS-8-LDII standard, which will include a 20 feet wide road with a 4- inch Class II aggregate base surface. The total length of the road from Power House Hill Road to its terminus is approximately 1,560 feet, and will include a 50-foot radius cul-de-sac at its terminus. Road approach improvements will be constructed to the County’s S-18B standard. The Agricultural Commissioner’s Office is recommending an Agricultural Buffer of 150 feet from existing agriculturally-zone property located adjacent to the western boundary of the project site. The buffer would be established from the westerly side of the Power House Hill Road 60-foot right-of-way, and encroach 90-feet into Parcel 1. The reduced buffer is recommended due to the presence of an existing residence to the south that is located approximately 150 feet from the agriculture property to the west, as well as the environmental constraints on the project site. The applicant is proposing to establish wetland and riparian buffers from existing vernal pools and intermittent drainage located on the project site. A 50-foot wide buffer is proposed from the 0.114 acre of identified jurisdictional wetlands. A 25-foot wide buffer is proposed from the 0.37 acres of identified intermittent drainages, which are designated as ‘Other Waters of the US.’ M. Public Agency Approvals: Butte County Department of Development Services Butte County Public Works Department Oroville ¬«70 Sunnybrook Ln Mom's Ln Dutch Dr Mariah Ln Ledger Ln Hilgers Rd Justelle Dr Dads Ln Prince Rd Serene Ln G e a r y C t W y m a n A v eSwan Ln M a r t h a L n Bob Way Gold Run Ct M e r k l e y C t Vineyard Ln Favorite Ct P a r e n t W a y Peachy Kean Way L o n e T r e e R dPalermo RdPower H o u s e H i l l R d P a c if i c H e i g h t s R d Welsh Rd Grover Ln G e n e L n Oakwood Ln TPM14-0009APN:025-340-038 Saetern, Choy 1:24,000 0 1,500 3,000 4,500750FeetLakes Legend Roads Railroad Streams Project Location ®VICINITY MAP ST70 Palermo Rd L o n e T r e e R d P o w e r H o u s e H i l l R d Mom's Ln Mariah Ln Justelle Dr P a c i f i c H e i g h t s R d Dads Ln Grover Ln Prince Rd G e a r y C t Swan Ln Oakwood Ln Kenneth Ln M e r k l e y C t Sunnybrook Ln Vineyard Ln Favorite Ct P a r e n t W a y H o r n e y T o a d R d Bob Way Peachy Kean Way RR-5 AG-20 RC AG-80 AG-40 VLDR REC-1 G-C ROW File:TPM14-0009025-340-038Assessor Parcel No: SupervisorialDistrict #1Request: ¬ A Tentative Parcel Map to subdivide 22.44 acres into four lots: 5.11 acres (Lot 1), 5.04 acres (Lot 2), 5.04 acres (Lot 3), 5.04 acres (Lot 4), together with a 7.17 acre Remainder. Zoning:Rural Residential, 5 Acre DensityApplicant/Owner:Saetern, Choy (Applicant/Owner) BUTTE COUNTY DEVELOPMENT SERVICES 820 0 820 1,640 2,460 3,280410Feet Project location Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 7 of 56 ■ Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 8 of 56 ■ 4.0 ENVIRONMENTAL IMPACTS 4.1 Aesthetic/Visual Resources: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Setting: The terrain of the project site is gentle and flat, with elevations ranging from 150 feet above mean sea level (msl) along the southern boundary line to 175 feet (msl) along the northern boundary. Mima mound-swale topography (which refers to a landscape of naturally occurring, low, circular to oval mounds interspersed with swales) is a prominent feature over most of the site, except along the northern portion of the site where past leveling activities have created a level surface. The Butte County General Plan identifies this property as Annual Grasslands. Annual grasslands are described as open grasslands composed primarily of annual plant species. Species commonly found within annual grasslands include wild oats, ripgut brome, red brome, soft chess, wild barely, filaree, and various clovers among others. Vernal pools and swales occur within annual grasslands within the project site. These wetland features provide unique habitats for several endemic California plants and invertebrates, as well as amphibians. Wildlife species that use annual grasslands include the western fence lizard, garter snake, western rattlesnake, black-tailed jackrabbit California ground squirrel, western burrowing owl, short-eared owl, horned lark, western meadowlark, northern harrier, and American kestrel. Predominately natural features contribute to the current aesthetics of project site. The only artificial features identified on the project site include power poles and dilapidated wire fencing with wooden posts. The area surrounding the project site has similar visual characteristics to the site. Vegetation communities consist primarily of annual grasslands, with rural homes situated to the north and south. Power House Hill Road, a two-lane asphalt road, is situated along the western boundary. The project site is currently undeveloped and lacks any sources of lighting or glare. Lighting from surrounding residential development and from vehicles along Power House Hill Road is visible from the site. Existing land uses in the vicinity that would be most sensitive to night lighting are residents located to the north and south of the project site. Conservation and Open Space Element Policies. COS-P17.1. Views of Butte County’s scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained. COS-P17.2. Ridgeline development near scenic resources shall be limited via the adoption of specific development guidelines in order to minimize visual impacts. COS-P18.1. The County shall designate scenic corridors based on careful consideration of the following factors: a. Relationship to the scenic highway system, including proximity to urban population centers, gateways, integration with other highways and scenic highways and access to major recreation areas. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 9 of 56 ■ b. Safety characteristics, including road surface and alignment, shoulder width, traffic levels, number of intersections, access points, turnouts and rest areas. c. Scenic characteristics, including vista points, geologic resources, native plant and animal species, waterways, historic resources and agricultural, timber and recreation uses. d. Government policies, including public lands, eligibility for State scenic highway designation, and consistency with other Butte County General Plan 2030 elements. e. Economic impacts on properties affected by a scenic highway designation. COS-P18.2. To enhance safety on scenic highways, the County shall limit access, using existing access where feasible, and limit encroachment permits. COS-P18.3. The County shall require utility companies to choose the least conspicuous locations for distribution lines, so as to avoid impacts to scenic corridors where there is reasonable choice. Butte County Zoning Code. Article 14 (Outdoor Lighting) sets minimum requirements for outdoor lighting in residential areas to reduce light trespass and glare, and to protect the health, property, and well-being of Butte County residents and visitors. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way. Lighting must be shielded in accordance with Dark Sky Society standards, and light sources must not be directly visible outside the property’s perimeter. Impact Discussion: a.) Less than significant impact. Future development of the resultant parcels may include permitted and conditionally-permitted uses allowed within the RR-5 zoning designation. The level terrain, together with lack of obstructing features on the project site is expected to make any development on the site visible from surrounding residential uses and public right-of-ways. Permitted development on the resultant parcels are consistent with the existing visual characteristics of the surrounding area. The low-density of the project, as well as the visual consistency with the surrounding area, will not interfere with scenic vistas from adjacent residences and public right-of-ways, or otherwise have a demonstrable negative aesthetic effect. b.) Less than significant impact. No scenic resources have been identified to be on the project site, or in the surrounding area. Additionally, the project site is not located adjacent to a state-designated or county- designated scenic highway. As a result, proposed improvements would not result in the damage or degradation to any scenic features on or near the project site. Subsequent development of the resultant parcels are anticipated to be consistent with the character of the project site and surrounding area. c.) Less than significant impact. Permitted development include uses and densities that are similar to the surrounding area, and would not result in negatively altering the rural character or visual quality of the project site and surrounding area. d.) Less than significant impact. Outdoor lighting for safety and security could potentially be added to future structures on the resultant parcels. Future development of these parcels would be consistent with the rural character already established in the surrounding areas. At the time of development, outdoor lighting in residential zones would be subject to Article 14, Section 24-67 of Butte County Zoning Code, which requires that all outdoor lighting in residential areas be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way. With the implementation of outdoor lighting regulations at the time of development, the proposed project would not create new sources of substantial lighting or glare that would generate a significant impact. Mitigation Measure: None required. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 10 of 56 ■ 4.2 Agriculture Resources: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Setting: The project site consists of undeveloped land situated in the RR-5 zone. The property has been historically used for grazing activities. Important Farmland To characterize the environmental baseline for agricultural resources, Important Farmland Maps produced by the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) were reviewed. Important Farmland maps show categories of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance (if adopted by the county), Grazing Land, Urban and Built-up Land, Other Land, and Water. Prime Farmland and Farmland of Statewide Importance map categories are based on qualifying soil types, as determined by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as well as current land use. These map categories are defined by the Department of Conservation’s FMMP as follows: Prime Farmland: Land which has the best combination of physical and chemical characteristics for the production of crops. It has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops when treated and managed, including water management, according to current farming methods. Farmland of Statewide Importance: Land that is similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to hold and store moisture. Unique Farmland: Land of lesser quality soils used for the production of specific high economic value crops. It has the special combination of soil quality, location, growing season, and moisture supply needed to produce sustained high quality or high yields of a specific crop when treated and managed according to current farming methods. It is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Examples of crops include oranges, olives, avocados, rice, grapes, and cut flowers. Farmland of Local Importance: Land of importance to the local agricultural economy, as determined by each county’s board of supervisors and local advisory committees. Examples include dairies, dryland farming, Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 11 of 56 ■ aquaculture, and uncultivated areas with soils qualifying for Prime Farmland and Farmland of Statewide Importance. Butte County has not adopted a definition of Farmland of Local Importance. Grazing Land: Land on which the existing vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock. Urban and Built-up Land: Land used for residential, industrial, commercial, construction, institutional, public administrative purpose, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment plants, water control structures, and other development purposes. Highways, railroads, and other transportation facilities are also included in this category. Other Land: Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. Water: Water areas with an extent of at least 40 acres. Williamson Act The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies emanating from those findings include those that discourage premature and unnecessary conversion of agricultural land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs of community services to community residents. The Williamson Act authorizes each County to establish an agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based on the yearly production yield. The contracts have a 9-year term that is automatically renewed each year, unless the property owner or county requests a non-renewal or the contract is cancelled. The project site and surrounding areas are not encumbered by a Williamson Act contract. Butte County Code Section 24-81 (Agricultural Buffers) Article 17 of the Butte County Zoning Ordinance establishes a 300-foot buffer between lands zoned agriculture and new residential development. This ordinance applies to parcels where residential structures are to be developed in the following areas of the county: (1) all lands zoned Agriculture; (2) in other zones within 300 feet of the boundary of Agriculture zones; (3) areas inside and within 300 feet of sphere of influence boundaries for incorporated cities, where the boundary abuts parcels zoned Agriculture; and, (4) areas within 300 feet of a Williamson Act Contract. Exceptions to the 300-foot agricultural buffer setback requirement may be requested by the project applicant through an Unusual Circumstances Review application process. Butte County Resolution #08-166, as amended (Agricultural Buffer Guidelines) The Butte County Zoning Ordinance (Section 24-81 et seq.) requires a 300-foot buffer between agricultural and non- agricultural uses on agriculturally zoned lands. To implement this requirement, and to provide guidance regarding requests for a determination of unusual circumstances to modify the 300-foot agricultural buffer requirement, Butte County has prepared Agricultural/Residential Buffer Implementation Guidelines. The buffer must physically separate agricultural and residential uses to help minimize potential conflicts. The County may make a determination of unusual circumstances based on criteria outlined in the Guidelines, in which case the buffer may take other forms or be of a lesser distance. Butte County Right to Farm Ordinance Chapter 35 of the Butte County Municipal Code, also referred to as the Butte County Right to Farm Ordinance (Ord. No. 4092, 02-24-15), serves as a notification to owners, purchasers, residents, and users of property adjacent to agricultural operations of potential issues at the agriculture-urban interface. The Right to Farm Ordinance declares that properly conducted agricultural operations on agricultural land are not subject to nuisance claims, assuming the operation was not already on record as a nuisance when the operation began. Information about the Right to Farm Ordinance is provided by the County to residents with an annual tax bill and when an application is submitted for development on or adjacent to agricultural land. The Right to Farm Ordinance serves as a protection for agricultural uses that are located in nonagricultural General Plan land use designations and zoning districts. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 12 of 56 ■ Impact Discussion: a.) No impact. The project site is designated as Grazing Land by the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP). Areas surrounding the project site include Grazing Land and Other Land to the north and south; and, Grazing Land to the west and east. The project site is not designated as Important Farmland in the Farmland Mapping and Monitoring Program. Therefore, the proposed project would not result in the conversion of Important Farmland to a non-agricultural use. b.) No impact. The project site is zoned for residential and limited agricultural uses, including crop cultivation, livestock grazing, stables and orchards. The proposed project would not result in a change to the current zoning designation of the property, and the project site would continue to allow for limited agricultural uses. The project site is not restricted by a Williamson Act contract. c.) No impact. The project site is not located in a timber resource zoning category such as Timber Mountain (TM), Timber Production (TPZ), or Resource Conservation (RC). The project site is also not classified as forest land, pursuant to California Public Resources Code Section 12220(g), because the project site cannot support 10 percent native tree cover. Therefore, the proposed project would not conflict with, or cause the rezoning of, a timber resource zoning designation. d.) No impact. The project site is not classified as forest land, and therefore, the proposed project would not result in loss or conversion of forest land to a non-forest use. e.) Less than significant impact. The project site is identified as containing lands classified as Grazing Land by the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP). Surrounding areas are classified as Grazing Land and Other Land. As a result, no prime, unique or farmland of statewide importance occurs on the project site, or in the immediate vicinity of the project site. The project site and land to the north, south and east are zoned for residential uses. Land located to the west, across Power House Hill Road, is zoned Agriculture. Due to the close proximity of Agricultural-zoned land, the premature conversion of farmlands could potentially occur from the increase in residential dwellings developed on the project site. This close proximity may cause potential conflicts from incompatibility, causing restrictions on farming operations, restrictions on pesticide usage, increase risk of theft and vandalism, complaints, introduction of pests, litter, and pets. Future development on the proposed parcels may include the construction of a single-family residence. Residential development would be subject to the County’s Agricultural Buffer Policy, Policy AG-P5.3 from the Butte County General Plan and Article 17 of the Zoning Ordinance, which requires buffers between existing agricultural land and new residential development by applying a 300-foot buffer. The applicant applied for an Unusual Circumstances Review by the Agricultural Commissioner’s Office. Based on this review, a 150-foot buffer from the west boundary of the Powerhouse Hill Road easement was recommended. The reduced buffer is supported by the presence of an existing residence on an adjacent parcel that is setback 150 feet, and that Parcel 1 is constrained by environmentally sensitive areas that restrict placement of a residence. Application of Agricultural Buffers at the time of development would ensure that adjacent agricultural uses are not directly or indirectly affected by the development of residential uses. Mitigation Measure: None Required. 4.3 Air Quality: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 13 of 56 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? Setting: Butte County is located within the Northern Sacramento Valley Air Basin (NSVAB). Summer conditions in the NSVAB are typically characterized by high temperatures and low humidity, with temperatures averaging from approximately 90 degrees Fahrenheit during the day and 50 degrees Fahrenheit at night. During the summer months, the prevailing winds are typically from the south. Winter conditions are characterized by occasional rainstorms interspersed with stagnant and sometimes foggy weather. The daytime average temperatures is in the low 50soF and nighttime temperatures average in the upper 30soF. During winter, winds predominate from the south, but north winds frequently occur. Rainfall occurs mainly from late October to early May, with an average of 17.2 inches per year, but this amount can vary significantly each year. Dispersion of local pollutant emissions are predominately affected by the prevailing wind patterns and inversions that often occur in the NSVAB. Within the NSVAB, two types of inversions can occur. During the summer months, sinking air forms a “lid” over the region and confines pollution to a shallow layer near the ground, which can contribute to photochemical smog problems. During winter nights, air near the ground cools while the air aloft remains warm, which can cause localized air pollution “hot spots” near emission sources (Butte County General Plan EIR; BCAQMD, 2014). Current Ambient Air Quality Federal and state standards have been established for six criteria pollutants, including ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulates less than 10 microns and 2.5 microns in diameter (PM10 and PM2.5), and lead (Pb). The Butte County Air Quality Management District (BCAQMD) is the primary agency responsible for assuring that the federal and state ambient air quality standards are attained and maintained in Butte County. The BCAQMD operates a network of ambient air monitoring stations throughout Butte County. Depending on whether the standards for a particular criteria air pollutant has been met or exceeded, the local air basin is classified as being in “attainment” or “nonattainment.” Based on the most recent monitoring data, Butte County is a nonattainment area for both state and federal ozone standards, the state and federal PM2.5 standards, and the state PM10 standards. Butte County is in attainment for the state and federal standards for sulfur dioxide, nitrogen dioxide, and carbon monoxide (BCAQMD, 2014). Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 14 of 56 ■ Air Quality Planning The California Clean Air Act requires air districts to prepare a plan for air quality improvement for criteria pollutants for which the District is in nonattainment. The BCAQMD’s Air Quality Attainment Plan was first adopted in 1991 and updated in 1994, 1997, 2000 and 2003. In 2006, the District collaborated with other air pollution control districts in the NSVAB to prepare a joint Air Quality Attainment Plan. That joint plan has been updated in 2006, 2009 and 2012 as the Northern Sacramento Valley Planning Area Triennial Air Quality Attainment Plan. The attainment plan is the basis for an air district’s functional strategy to meet federal and state ambient air quality standards. The BCAQMD, in its role of insuring that projects are properly evaluated for consistency with ambient air quality standards and the Northern Sacramento Valley Planning Area Triennial Air Quality Attainment Plan, have prepared guidelines to assist applicants and lead agencies in evaluating potential air quality and greenhouse impacts that may occur with a proposed project. Established with these guidelines are screening criteria to determine whether or not additional modeling for criteria air pollutants is necessary for a project. The screening criteria listed in Table 4.3-2 were created using CalEEMod version 2013.2.2 for the given land use types. To determine whether or not a proposed project meets the screening criteria, the size and metric for the land use type (units or square footage) should be compared with that of the proposed project. If a project meets the applicable screening criteria, then further quantification of criteria air pollutants is not necessary, and it may be assumed that the project would have a less than significant impact for criteria air pollutants. If a project exceeds the size provided by the screening criteria for a given land use type then additional modeling and quantification of criteria air pollutants should be performed (BCAQMD, 2014). Impact Discussion: a.) Less than significant impact. A project is deemed inconsistent with air quality plans if it would result in population and/or employment growth that exceeds growth estimates included in the applicable air quality plan, which, in turn, would generate emission not accounted for in the applicable air quality plan emissions budget. Therefore, proposed projects need to be evaluated to determine whether they would generate Table 4.3-1 Butte County - State and Federal Ambient Air Quality Attainment Status POLLUTANT STATE DESIGNATION FEDERAL DESIGNATION 1-hour ozone Nonattainment - 8-hour ozone Nonattainment Nonattainment Carbon monoxide Attainment Attainment Nitrogen Dioxide Attainment Attainment Sulfur Dioxide Attainment Attainment 24-Hour PM10 Nonattainment Attainment 24-Hour PM2.5 No Standard Nonattainment Annual PM10 Attainment No Standard Annual PM2.5 Nonattainment Attainment Source: Butte County AQMD, 2014 Table 4.3-2 Screening Criteria for Criteria Air Pollutants LAND USE TYPE MAXIMUM SCREENING LEVELS FOR PROJECTS Single Family Unit Residential 30 units Multi-Family (Low Rise) Residential 75 units Commercial 15,000 square feet Educational 24,000 square feet Industrial 59,000 square feet Recreational 5,500 square feet Retail 11,000 square feet Source: Butte County AQMD, CEQA Air Quality Handbook, 2014 Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 15 of 56 ■ population and employment growth and, if so, whether that growth would exceed the growth rates included in the relevant air plans. The proposed project could result in minor population growth in the County with build-out of the resultant parcels. However, the proposed development density is consistent with the established zoning, and population growth to the area has already been anticipated for under Butte County General Plan 2030. Additionally, the total number of single-family residential units generated by the project is below the maximum screening criteria established in Table 4.3-2. Therefore, the project is not anticipated to cause significant impacts to regional air quality, or otherwise conflict with the basin’s air quality management plan, provided that best management practices for the control of fugitive dust during construction activities are employed. b.) Less than significant impact with mitigation incorporated. The proposed project has the potential to impact air quality primarily in two ways: (1) the project would generate mobile source emissions associated with future development on the resultant parcels, and (2) fugitive dust (particulate/PM10) and construction exhaust emissions would be generated during construction activities associated with proposed road improvements and future development on the resultant parcels. Mobile source emissions are produced from motor vehicles, and include tailpipe and evaporative emissions. Energy use associated with development may be caused by heating and cooling systems, lighting, applicant, water use and wastewater. No development is proposed with this project; however, future development of the resultant parcels have the potential to generate these direct and indirect emissions. Emissions generated during at build-out of the resultant parcels are not expected to be substantial, and would not significantly violate existing air quality standards, because only a limited amount development would occur over the project site. The limited amount of development to occur with the proposed project was compared to the screening criteria of Table 4.3-2, and deemed to have a less than significant impact to the environment. Construction-related emissions are generally created throughout the course of project implementation and parcel development, and would originate from construction equipment exhaust, employee vehicle exhaust, dust from grading the land, exposed soil eroded by wind, and ROGs from architectural coating and asphalt paving. Construction-related emissions would vary substantially depending on the level of activity, length of the construction period, specific construction operations, types of equipment, number of personnel, wind and precipitation conditions, and soil moisture content. Despite this variability in project site conditions, there are a number of feasible control measures that can be reasonably implemented to meaningfully reduce construction-related emissions to a less than significant level. These measures as well as other common air pollution control measures are recommended in Appendix C of BCAQMD’s CEQA Handbook (2014), and are to be implemented as Mitigation Measure #1, listed below. c.) Less than significant impact with mitigation incorporated. Based on the information provided in section b.), above, the proposed project would not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation, except for potential fugitive dust emissions during construction activities. Fugitive dust emissions generated during construction has the potential to contribute cumulatively to the region’s non-attainment of PM10 and PM2.5 emissions. Implementation of Mitigation Measure #1 would reduce potential cumulative fugitive dust emission impacts to a less than significant level. d.) Less than significant impact with mitigation incorporated. Residences are located within ¼ mile of the project site. Construction activities would generate emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. These emissions could expose nearby sensitive receptors to pollutants concentrations. Implementation of Mitigation Measure #1 would reduce impacts of construction-related fugitive dust emissions. Additionally, because impacts related to equipment exhaust emissions would not exceed the significance thresholds recommended by BCAPMD, and because construction activities of future development would likely be infrequent, impacts to sensitive receptors would be less than significant. e.) Less than significant impact. Future permitted uses on the resultant parcels would not create objectionable odors. However, future construction activities could include objectionable odors from tailpipe diesel emissions and from solvents in adhesives, paints, caulking materials, and new asphalt. Since odor impacts Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 16 of 56 ■ would be temporary and limited to the area adjacent to the construction operations, and because the project site is located in a rural area of the county, odors would not impact a substantial number of people for an extended period of time. Mitigation Measure #1 (Construction Air Emissions) The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds • All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit. • Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. • All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. • Install diesel particulate filters or implement other CARB-verified diesel emission control strategies. • Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 17 of 56 ■ • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project. All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 Biological Resources: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance? Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 18 of 56 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the normal activities of wildlife? Setting: The project site is located in the valley region, situated 2 miles south from the City of Oroville. Both the Butte County General Plan, and land cover data provided by the Butte County Association of Governments, in preparation of the upcoming Butte County Regional Conservation Plan, identify this property as Annual Grassland. Annual Grassland Annual grasslands include open grasslands composed primarily of annual plant species. Species commonly found within annual grasslands include wild oats, ripgut brome, red brome, soft chess, wild barely, filaree, and various clovers among others. Vernal pools and swales occur within annual grasslands within the project site. These wetland features provide unique habitats for several endemic California plants and invertebrates, as well as amphibians. Wildlife species that use annual grasslands include the western fence lizard, garter snake, western rattlesnake, black- tailed jackrabbit California ground squirrel, western burrowing owl, short-eared owl, horned lark, western meadowlark, northern harrier, and American kestrel. Landcover mapping for the Draft Butte Regional Conservation Plan (BRCP) shows the site as containing grasslands with altered vernal pools. Vernal pools, altered vernal pools, and grasslands with vernal swale complex are identified east and west of the project site, with altered vernal pools identified as a very high constraint. The project site is located within the Oroville Urban Permit Area (UPA). Figure 4-18 of the Draft BRCP, Wetland: Direct Impact of Covered Activities, shows that the project as being located within a polygon entitled “Covered Activities: Impact footprint of potential future development within & outside UPAs Biological Resource Assessment A Biological Resource Assessment (BRA) for Aquatic and Terrestrial Wildlife and Botanical Resources was prepared by Gallaway Enterprises dated February 2015 and is attached to this study as Appendix A. The purpose of the BRA is to document any endangered, threatened, sensitive and rare species, and their critical habitats that occur in the biological survey area (BSA). Habitats identified within the project site consist of annual grasslands, vernal pools, and seasonal and vernal swales, and ephemeral drainages. There are no critical habitat designations within or adjacent to the Project. Gallaway Enterprises conducted three habitat assessments and botanical surveys in the BSA to evaluate site conditions and potential project impacts to wildlife and botanical species. Other primary references consulted included United States Fish and Wildlife Service (USFWS) Critical Habitat Portal, and regional species lists compiled by USFWS Sacramento Office, California Department of Fish and Wildlife’s (CDFW) Natural Diversity Database (CNDDB), Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 19 of 56 ■ and the California Native Plant Society’s (CNPS). The results of the BRA identified special-status species with potential to occur in the BSA, and/or special-status species that could be impacted outside of the BSA by Project actions. A complete list of all sensitive natural communities and special-status species with a potential for occurrence at the project site is presented in the Biological Resource Assessment in Attachment A. Recommendations to avoid or minimize impacts, and mitigation measures for special-status species and their habitats are provided it the BRA and incorporated into mitigation measures herein. Jurisdictional Waters of the United States, including Wetlands Waters of the United States (U.S.), including wetlands, are broadly defined to include navigable waterways, and tributaries of navigable waterways, and adjacent wetlands. Although definitions vary to some degree, wetlands are generally considered to be areas that are periodically or permanently inundated by surface water or groundwater, supporting vegetation adapted to life in saturated soil. Jurisdictional wetlands are vegetated areas that meet specific vegetation, soil, and hydrologic criteria defined by the U.S. Army Corps of Engineers (USACE). The USACE holds sole authority to determine the jurisdictional status of waters of the U.S., including wetlands. Jurisdictional wetlands and Waters of the U.S. include, but are not limited to, perennial and intermittent creeks and drainages, lakes, seeps, and springs; emergent marshes; riparian wetlands; and seasonal wetlands. Wetland and waters of the U.S. provide critical habitat components, such as nest sites and reliable source of water for a wide variety of wildlife species. A draft delineation of Waters of the United States was conducted within the project site on July 24 and August 14, 2014. Based on the assessment, waters of the United States were identified on the project site. The draft delineation was submitted to the USACE for verification. In total 0.114 acres of potentially jurisdictional Waters of the United States were identified, as shown on Figure 5 of the BSA. Additionally, 0.037 acres of ‘Other Waters of the US’ were identified. Jurisdictional wetlands are further described in the BRA as follows: Aquatic Habitat Palustrine There is one small seasonal swale and five vernal swales in the Project site. Seasonal and vernal swales are low drainage pathways that typically connect to vernal pools or seasonal wetlands, creating a complex. Seasonal features tend to stay inundated for longer duration or contain heavier flows of water than vernal features. The ecological significance of seasonal and vernal swales is determined by the timing and duration of standing water, size of the features they connect and the surrounding area. Vernal swales provide habitat for several rare botanical species. Riverine Ephemeral Drainages There are three (3) ephemeral drainages located in the eastern portion of the site. These drainages collect local runoff from within the site and sheetflow from the parcel to the east. The drainages flow south to the southern boundary where they leave the BSA. The drainages flow through a grassland and have no associated riparian canopy. Ephemeral drainages do not convey water year round. They dry up seasonally and play an important role of conveying and filtering seasonal runoff into larger perennial riverine systems. Special-Status Species Many 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. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as “Candidates” for such listing and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.” Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead to Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 20 of 56 ■ a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have been observed to displace more sensitive species. California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California Environmental Quality Act (Sections 21083 and 21087, Public Resources Code) defines mitigation as measure(s) that: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. To assess the potential for special-status botanical and wildlife species within and in the vicinity of the project site, Gallaway Enterprises consulted special-status species lists from the U.S. Fish and Wildlife Services (USFWS), California Natural Diversity Database (CNDDB), and the California Native Plant Society (CNPS). Special-Status Botanical Species occurring in the BSA Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015. Special-status plant species of interest with suitable habitat within the assessment area include Red Bluff dwarf rush, Ahart’s dwarf rush, and Butte County golden clover. Ahart’s dwarf rush Ahart’s dwarf rush is ranked by the CNPS as a 1B.2 plant species. It is an annual monocot that is endemic to California and blooms from March through May. Ahart’s dwarf rush is found in vernal pools (CNPS 2015). The vernal pools onsite provide suitable habitat and there are known occurrences 700 feet west of the BSA. There is a high potential for occurrence on site according to the BRA. Butte County golden clover Butte County golden clover is ranked by the CNPS as a 1B.2 plant species. It is an annual dicot that is endemic to California and blooms from March through May. Butte County golden clover is found in valley and foothill grassland vernal pools (CNPS 2015). The vernal pools within the BSA provide suitable habitat; there is a moderate potential for this species to occur on-site according to the BRA. Red Bluff dwarf rush Red Bluff dwarf rush is ranked by the CNPS as a 1B.1 plant species. It is an annual monocot that is endemic to California and blooms from March through May. Red Bluff dwarf rush is found in vernal pools (CNPS 2015). There is suitable habitat within the BSA and CNDDB occurrences in the vicinity of the Project. There is a moderate potential for occurrence according to the BRA. Endangered, Threatened and Special Status Wildlife Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. Special-status wildlife species with potential habitat within the BSA include vernal pool fairy shrimp, vernal pool tadpole shrimp, western spadefoot, burrowing owl, and Swainson’s hawk. There are CNDDB occurrences of vernal pool tadpole shrimp less than 0.5 miles from the Project site; however the shallow vernal pools onsite do not provide suitable habitat for this species. Vernal Pool Crustaceans Vernal Pool Fairy Shrimp Vernal pool fairy shrimp are federally listed as threatened and are widespread but not abundant. Known populations occur in California to southern Oregon. The geographic range of this species encompasses most of the Central Valley Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 21 of 56 ■ from Shasta County to Tulare County and the central coast range from northern Solano County to Santa Barbra County, California. Additional disjunctive occurrences have been identified in western Riverside County, California, and in Jackson County, Oregon, near the City of Medford. The vernal pool fairy shrimp occupies a variety of different vernal pool habitats, from small, clear, sandstone rock pools to large, turbid, alkaline, grassland valley floor pools. Occupied habitats range in size from rock outcrops pools as small as one square meter to large vernal pools up to 12 acres. Smaller vernal pools are the most commonly occupied and are found more frequently in grass or mud bottomed swales, or basalt flow depression pools in unplowed grasslands. They rely on the topography and interconnecting vernal features to disperse to different areas. Vernal pool fairy shrimp have been collected from early December to early May (USFWS 2005). There are suitable vernal pools and swales within the BSA for vernal pool fairy shrimp as determined by the habitat evaluation. There are recorded CNDDB occurrences of vernal pool fairy shrimp within a 0.5 mile of the Project site; they are located 750 feet southwest of the Project. Based on the presence of suitable habitat within the BSA and CNDDB occurrences within the vicinity of the Project, there is high potential for vernal pool fairy shrimp to occur within the BSA. Reptiles and Amphibians Western Spadefoot Western spadefoot, which are a state species of concern, breed from January to May in temporary pools where water temperatures must be between 48° F and 86° F. Typical of toads; they forage on a variety of insects, worms, and other invertebrates, including grasshoppers, true bugs, moths, ground beetles, predaceous diving beetles, ladybird beetles, click beetles, flies, ants and earthworms. Eggs are deposited on plant stems or pieces of detritus in temporary rain pools, or sometimes pools in ephemeral stream courses. Eggs hatch in 0.6-6 days depending on temperature. Larval development can be completed in 3 to 11 weeks and must be completed before pools dry. Age at sexual maturity is unknown, but considering the relatively long period of subterranean dormancy (8 to 9 months), individuals may require at least two years to mature. Historically, the western spadefoot ranged from Redding to northwestern Baja California throughout the Central Valley, Coast Ranges and coastal lowlands. The species is found mostly below 3000 feet, but can occur up to 4500 feet. The average elevation of sites where the species still occurs is significantly higher than the average elevation for historical sites, suggesting that declines have been more pronounced in lowlands. The aquatic habitat within the BSA provides marginal breeding habitat for western spadefoot; therefore, there is moderate potential for western spadefoot to occur within the BSA. Birds Swainson’s Hawk Swainson’s hawk is a state threatened species. Swainson's hawks are neo-tropical migrants that winter in Mexico and South America and return to California in March to breed and rear young. Historically they inhabited open grasslands throughout most of lowland California. A variety of habitat changes, including the conversion of native grasslands to agricultural, urban, and industrial development have caused the Swainson's hawk population to decline by more than 90% from levels at the time of European settlement. Swainson's hawks typically nest in large, mature trees such as valley oak, cottonwood, and black walnut typically located within the riparian areas along the Sacramento River, and they forage in open grasslands, agricultural fields, and pastures. Egg incubation and juvenile rearing occurs during the spring and summer before juveniles fledge. Alfalfa, row crops, grain fields, and irrigated pastures are the Swainson's hawk's preferred foraging habitats, where they take advantage of the opportunities that harvesting and irrigating practices provide for the easy capture of small rodents. They do not typically forage in vineyards, orchards, or flooded rice fields (CDFG 1993). The annual grassland in the BSA provides suitable foraging habitat. The presence of an active Swainson’s hawk nest within 5 miles of the BSA increases the probability of this species foraging within the BSA. In addition to foraging habitat, there is suitable nesting habitat located within 500 feet of the BSA. Mature eucalyptus trees, located on an adjacent property to the north, line the northern boundary of the BSA and provide suitable nesting habitat for Swainson’s hawk. Due to the presence of foraging habitat within the BSA, and adjacent nesting habitat there is high potential for Swainson’s hawks to occur within the BSA. Western Burrowing Owl Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 22 of 56 ■ The western burrowing owl is listed as a state species of special concern. Burrowing owls inhabit dry, open grasslands. Nests are usually in small burrows that have been constructed and abandoned by small mammals such as ground squirrels or badgers. The breeding season for burrowing owls is from late March through May. They perch on top of the burrows and other low structures to forge and watch for other predators. Their diet consists of insects, small reptiles or amphibians and small mammals. The annual grassland within the BSA provides suitable foraging habitat for burrowing owls. Several ground squirrel burrows were observed during the habitat assessments; however, no burrowing owls or indicators of the species (i.e. pellets, feathers, tracks around burrow entrances) were observed. Due to the suitable foraging habitat and potential nesting habitat there is a moderate potential for burrowing owls to occur with the BSA. Impact Discussion: a.) Less than significant impact with mitigations incorporated. The southerly portion of the project site will be conserved with the establishment of a 250’ buffer area that will restrict development on the resultant parcels and remainder lot. The buffer area with its restrictions will be delineated on the parcel map. Wetland resources contain the habitat areas for the three special status plant species potentially occurring on site as well as the western spadefoot. While the project site contains habitats that have the potential to support plant and invertebrates, considered as candidate, sensitive or special status species by the California Department of Fish and Wildlife and United States Fish and Wildlife Service, the majority of special status species will be protected with conservation of wetland habitat. The following special-status species were determined to have the potential to occur within the project site; Necessary actions for protection of special status species, in addition to the protection of wetland habitat, are outlined as follows: Table 4.4-1: Special Status Species and Habitats Potentially Occurring on Site Special-Status Habitats and Species Surveys Performed Conclusions of Surveys Additional Action/Survey Required Waters of the US Draft Field delineation on July 24 and August 14, 2014. Waters of the United States occur on the Project site. A draft delineation will be submitted to the U.S. Army Corps of Engineers (COE) for verification (Figure 5 of BRA). The draft delineation identified 0.114 acres of potentially jurisdictional Waters of the United States. Waters of the US to be avoided and conserved in designated no-development area on parcel map Ahart’s dwarf rush (Juncus leiospermus var. ahartii); Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015. Conduct protocol-level surveys during appropriate survey window Regulated by the USACE, mitigation requirements and avoidance measures will be determined in a Biological Assessment if Waters of the US are impacted. Contained within no-development area; no further action necessary Butte County golden clover (Trifolium jokerstii) Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015. Conduct protocol-level surveys during appropriate survey window Contained within no-development area; no further action necessary Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 23 of 56 ■ Red Bluff dwarf rush (Juncus leiospermus var. leiospermus) Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015. Conduct protocol-level surveys during appropriate survey window Contained within no-development area; no further action necessary Vernal pool fairy shrimp (Branchinecta lynchi) Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. There is one small seasonal swale and five vernal swales in the Project site Habitat is contained within no- development area on-site. Regulated by the USFWS, mitigation requirements and avoidance measures will be determined by USFWS if vernal pools are impacted. To avoid all impacts to vernal pools and vernal pool species construction activities cannot take place within 250 feet of vernal features. Migratory Birds Protected under the MBTA and the CFGC during avian breeding season (March 1 – Aug 31) N/A N/A See Mitigation Measure #2. Western burrowing owl (Athene cunicularia); Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. Burrowing owls should be identified as part of the pre-construction survey for migratory nesting birds required by MM#2. See Mitigation Measure #6 Swainson’s hawk (Buteo swainsoni) – as foraging habitat Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. See Mitigation Measure #3 Western spadefoot (Spea hammondii); Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. Contained within no-development area; no further action necessary Future development and construction activities on the project site may cause direct or indirect significant impacts to these special-status species, or result in modification of habitats that known to support these species. Implementation of mitigation measures listed below, will reduce the potential impact to a less than significant level. Relative to vernal pool fairy shrimp, direct and indirect impacts to federally-listed vernal pool species require mandatory federal mitigation at a USFWS approved mitigation bank. Direct effects occur at, or very close to, the time of the action itself. Examples include loss of habitat or sedimentation resulting from construction activities. Indirect effects are caused by, or result from a proposed action, occur later in time, and are Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 24 of 56 ■ reasonably certain to occur. Typically, all ground disturbance activities within a 250-foot radius of a vernal feature are considered to have indirect impacts to vernal pools and vernal pool species. To avoid all impacts to vernal pools and vernal pool species construction activities cannot take place within 250 feet of vernal features. Since vernal pool fairy shrimp are regulated by the USFWS, mitigation requirements and avoidance measures will be determined in a Biological Assessment if vernal pools are impacted. Nesting birds are protected under the MBTA (16 USC 703) and the CFGC (3503). Any vegetation removal within the BSA should be conducted during the non-breeding season (September 1-February 28). If construction activities occur during the avian breeding season (March 1 – August 31) then a migratory bird and raptor survey will be conducted by a qualified biologist to identify any active nests (i.e. nests that contain eggs or hatchlings). Relative to Swainson’s hawk, if an active nest is identified on site, or within 5 miles of the BSA, the loss of foraging habitat must be mitigated. To mitigate for the loss of foraging habitat, the applicant must provide Habitat Management (HM) lands to the CDFW at a ratio of 0.75 acres for each acre of urban development. The HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the CDFW) on agricultural lands or other suitable habitats that provide foraging habitat for Swainson’s hawk. As an alternative, the applicant may also provide funds to the CDFW for HM land protection. Further details of Swainson’s hawk mitigation are provided in Mitigation Measure #3, and would reduce potential impacts to Swainson’s hawk foraging habitat a less than significant level. b.) No impact. The project site is not identified as containing riparian or oak natural communities. c.) Less than significant impact with mitigations incorporated. The project site contains state and federally protected wetlands and other waters of the United States, consisting of vernal pools and swales, and seasonal swales and drainages. Development on the project site that requires grading, trenching and the placement of fill in areas where jurisdictional wetlands and other waters of the United States may cause significant impacts to wetland features. Implementation of the mitigation measure listed below would address potential impacts to jurisdictional features; reducing impacts to a less than significant level. d.) No impact. Wildlife movement corridors are routes frequently utilized by wildlife that provide shelter and sufficient food supplies to support wildlife species during migration. Movement corridors generally consist of riparian, woodlands, or forested habitats that span contiguous acres of undisturbed habitat. Wildlife movement corridors are an important element of resident species home ranges, including deer and coyote. The project site is not located within the Butte County migratory deer corridors. No major migratory routes or corridors have been designated through the project site, and the existing developed components of the project area (i.e. Power House Hill Road and fenced parcels) preclude use of the area as a migratory wildlife corridor for large mammals. However, the site may facilitate home range and dispersal movement of resident wildlife species, including birds, small mammals and other wildlife. Subsequent development of the resultant parcels would not restrict regional wildlife movement or wildlife migration patterns primarily due to the large size of the parcels and minimal development potential. e.) Less than significant impact. Biological resources on the project site was evaluated by Galloway Consultants, Inc. Future development on the property would avoid identified resources with the establishment of buffer areas. Avoidance of biological resources is consistent local policies and ordinances created to protect these resources. f.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western half of the Butte County, and is scheduled to be completed in 2017. The project site is located within the proposed plan area of the BRCP. After the BRCP is adopted, individual projects that occur in the BRCP planning area would need to be coordinated with the Butte County Association of Governments to ensure that the project does not conflict with the BRCP. As the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan. Regardless, the small scale of development generated by the proposed project would not be expected to have significant impacts upon sensitive biological resources that would require mitigation under the future habitat conservation plan. g.) Less than significant impact with mitigation incorporated. See discussion 4.4(a) – Biological Resources. h.) Less than significant impact with mitigation incorporated. See discussion 4.4(a) – Biological Resources. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 25 of 56 ■ i.) Less than significant impact with mitigation incorporated. See discussion 4.4(a), (c) – Biological Resources. j.) No impact. See discussion 4.4(d) – Biological Resources. k.) Less than significant with mitigation incorporated. This project could result in the development of residential units that would introduce additional factors such as lighting, noise, human presence and domestic animals. The project site, and the surrounding area, already includes these factors in a low-density setting. Mitigation Measure #2 (Migratory Birds/Nesting Raptors) If project construction activities occur during the nesting season for birds protected under the Migratory Bird Treaty Act and California Department Fish & Game Code (approximately March 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction. At least one survey shall be conducted no more than 7 days prior to the initiation of construction activities. If vegetation removal stops during the construction period for more than 15 days, another survey shall be conducted within 7 days prior to the continuation of construction activities. In the event that nesting raptors or birds protected by CDFC and MBTA are found in or within the footprint of proposed construction, the project proponent shall: 1. Locate and map the location of the nest site; 2. Establish a 250 feet no-disturbance buffer around all active nests; in the event bald eagles are found nesting in the survey area, a 1,000 foot no disturbance buffer shall be established; 3. Within 2 working days of the survey, prepare a report and submit to the County. The report will include the results of survey, location(s) of nests, and location of no disturbance buffers; 4. On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained; 5. Construction can resume when a qualified biologist has confirmed that the nest is no longer active. Plan Requirements: The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities, including road construction, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. Mitigation Measure #3 (Swainson’s Hawk Foraging) Based on the presence of an active nest (a nest used one or more times in the last 5 years) within two (2) miles of the Project site, the loss of Swainson’s hawk foraging habitat must be mitigated prior to construction of road improvements and any development activities on the resultant parcels. To mitigate for the loss of foraging habitat, the Management Authorization holders/project sponsors shall provide Habitat Management (HM) lands to the Department on the following ratio: Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree, such as the project site, shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats which provide foraging habitat for Swainson’s hawk. Management Authorization holders/project sponsors shall provide a management endowment (the interest on which shall be used for managing the HM lands) at the rate of $400 per HM land acre (adjusted annually for inflation and varying interest rates). In lieu of providing HM lands, some project sponsors may desire to provide funds to the Department for HM land protection. This option is acceptable to the extent the proposal is consistent with Department policy regarding acceptance of funds for land acquisition. All HM lands should be located in areas which are consistent with a multi-species habitat conservation focus. Plan Requirements: Swainson’s hawk foraging habitats shall be established and managed on the project site, or provide adequate foraging habitat funding, acceptable to the CDFW. Timing: Requirements of the condition shall be adhered to prior to construction activities. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 26 of 56 ■ Monitoring: The Butte County Department of Development Services shall ensure that the California Department of Fish and Wildlife has verified completion of Habitat Management transactions prior to recordation of the parcel map or authorization of any construction activities. Mitigation Measure #4 (Waters of US) Prior to recordation of the Parcel Map, identified jurisdictional wetlands within the project site shall be complied into a report and submitted to USACE to be verified utilizing approved methodologies. Upon verification of wetland features, a 50-foot development avoidance ‘No Disturbance’ buffer shall be established around the outer edge of on-site wetland resources. Wetland resources and the development avoidance buffer area shall be delineated on a separate document recorded concurrently with the parcel map. No disturbance related to the development and use of residences, or agricultural uses, within the buffer area is allowed. If future construction activities on the resultant parcels would affect the identified wetland resources or the 50-foot buffer area, the project proponent shall either obtain appropriate permits from the USACE, pursuant to Section 404 of the Clean Water Act, or obtain a letter from USACE that states the areas of disturbance would not impact jurisdictional features. If construction activities affect the ordinary high water mark and/or vegetation associated with any Waters of the U.S. which include but are not limited to, interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetland”, sloughs, prairie potholes, wet meadows, playa lakes, vernal pools or natural ponds, then the Project proponent will need to obtain the following: 1. Prior to any discharge or fill materials into Waters of the U.S., authorization under a Nationwide Permit or Individual Permit shall be obtained from the USACE. For fill requiring a USACE permit, a water quality certification from Regional Water Quality Control Board (Clean Water Act §401) shall also be obtained prior to discharge of dredged or fill material. 2. Prior to any activities that would obstruct the flow of or alter the bed, channel, or bank of any perennial, intermittent or ephemeral creeks, notification of Streambed Alteration Agreement (§1602) shall be obtained. Mitigation requirements for the fill of waters of the U.S. will be implemented through an onsite restoration plan, and/or an In Lieu Fund and/or a certified conservation bank with a Service Area that covers the proposed Project area. These agreements, certifications and permits may be contingent upon successful completion of the CEQA process. Plan Requirements: A 50-foot development avoidance buffer area shall be established around verified wetland features on the project site and delineated on a separate document recorded concurrently with the parcel map, together with the mitigation measure. Timing: Requirements of the condition shall be adhered to prior to Parcel Map recording and prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. Mitigation Measure #5 (Temporary Fencing) Prior to construction activities, the project proponent shall use exclusionary fencing to mark the boundaries of intermittent creeks, seasonal drainages, wetlands, swales, vernal pools, and sensitive plant and wildlife species (identified in Table 4.4-1 Special Status Species and Habitats Potentially Occurring on Site) that are to be avoided. The project proponent shall also mark the boundaries of all Waters of the U.S., including wetlands and vernal features, which are to be avoided, plus a 50 foot buffer The exclusionary fencing shall be maintained in place throughout construction. Additional permitting conditions required by regulatory agencies may be required as a result of the permitting process. Plan Requirements: The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 27 of 56 ■ map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4.5 Cultural Resources: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Setting: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. Although this area is not located within one of these areas, there is still the chance that cultural resources could be located on site. A record search for existing archeological sites and surveys on the project site, and within one mile, was conducted through the Northeast Information Center of the California Historical Resources Information System in July 2007. The search did not reveal the existence of any prehistoric or historic resources on the project site. However, five historical sites have been recorded in the vicinity of the project site, consisting of the Oroville Dredge Tailings Fields, historic residences, a barn, and two historic farms with associated houses and barns. Impact Discussion: a-d.) Less than significant impact with mitigations incorporated. Historic use of the project site for agriculture has resulted in ground-disturbing activities that likely destroyed any cultural resources that may have been located on the surface. Future grading and other soil disturbance activities resulting from the development of the project site has the potential to uncover historic or prehistoric cultural resources located below the surface. To prevent impacts to the resources that may be uncovered during development activities on the project site, Mitigation Measure #6, below, is recommended. Mitigation Measure #6 (Cultural Resources) Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: “Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e. artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 28 of 56 ■ Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. 4.6 Geologic Processes: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? Settings Geologic Hazards Expansive Soils Expansive soils possess a “shrink-swell” behavior. Shrink-swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may occur over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. The Health and Safety Element of the Butte County General Plan identifies the project site as having a “Moderate” potential of expansive soils. Soil Erosion Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 29 of 56 ■ Erosion is the wearing away of soil and rock by processes such as wind and precipitation runoff. Soils containing high amounts of silt or clay can be easily erodible, while sandy soils are less susceptible. Excessive soil erosion can eventually lead to damage of building foundations and roadways. Typically, soil erosion potential is reduced once the soil is graded and covered with gravel, concrete, structures, asphalt, or a vegetative cover. The Health and Safety Element of the Butte County General Plan identifies the project site as having a “Slight” potential for soil erosion. Landslides A landslide is the sliding of a mass of loosened rock and/or soil down a hillside or slope. Some of the natural causes of this instability are earthquakes, weak soils, erosion, heavy rainfall and fire. Human activities such as poor grading that undercuts steep slopes or overloads them will fill; excessive irrigation and removal of vegetation can also contribute to landslides. Most landslides in Butte County occur on slopes greater than 15 percent, and most new landslides occur in areas that have experience previous landslides. The areas of highest landslide potential are in the mountainous central area of the county where well-developed soils overlay impervious bedrock on steep slopes. The remaining areas of Butte County has moderate to low landslide potential. The areas of lowest landslide potential are the flat lands of the Sacramento Valley. The Health and Safety Element of the Butte County General Plan identifies the project site as having “Low” to “No” landslide potential. Seismic Hazards Surface Fault Rupture Seismically induced ground rupture is defined as the physical displacement of surface deposits in response to movement on the fault place. The magnitude, sense, and nature of fault rupture can vary for different faults or event along different strands of the same fault. Ground rupture is considered more likely along active faults. The Cleveland Hills fault is the only fault located within Butte County that has been identified as an active fault pursuant to the Alquist-Priolo Earthquake Fault Zones Act. This fault was responsible for the 1975 Oroville earthquake, which had a Richter magnitude of 5.7 and produced surface displacement along approximately 2.2 miles of the fault. Other active and potentially active faults are located in the region. However, because there are no known active faults underlying or adjacent to the project site, the likelihood of surface fault rupture is very low and would not be a design consideration. Ground Shaking Ground shaking at the project site could occur due to earthquakes on the regions active faults. However, ground motions attenuate with distance from the causative fault, as well as the local geologic and soil conditions. The Seismic Hazards Mapping Program of the California Geological Survey categorizes all of Butte County as a “seismic hazard zone” since the entire County is subject to earthquakes of Modified Mercalli Intensity scale VIII. The Oroville earthquake of 1975 is the only earthquake of this intensity recorded in Butte County. This earthquake resulted in structural damage, partial destruction of some buildings, fires and numerous injuries. Though, it is accepted that earthquakes of magnitude 6.0 or 6.5 are possible anywhere in Butte County, the county is generally considered to be an area of low seismic activity. Liquefaction Liquefaction is a phenomenon whereby unconsolidated and/or near saturated soils lose cohesion and are converted to a fluid state as a result of sever vibratory motion. The relatively rapid loss of soil shear strength during strong earthquake shaking results in the temporary fluid-like behavior of the soil. Soil liquefaction causes ground failure that can damage roads, pipelines, underground cables, and building with shallow foundations. Liquefaction can occur in areas characterized by water-saturated, cohesionless, granular materials at depths less than 50 feet. Due to the relatively low potential for strong ground motions and a general lack of significant deposits of saturated loose soils, such as alluvium, the liquefaction potential, if any, can be addressed in the design of future structures during the building permit review process. Seiches A seiche is a periodic oscillation of a body of water such as a reservoir, river, lake, harbor, or bay resulting from seismic shaking or other causes such as landslides into a body of water. The period of the oscillation varies depending on the side of the body of water and may be several minutes to several hours. Depending on the magnitude of the oscillations, seiches can cause considerable damage to dams, levees and shoreline facilities. Seiches have not been recorded in any of the reservoirs in Butte County that are within the jurisdiction of the California Division of Dam Safety. However, the potential for seiches does exist in Butte County, either from landslides or from stronger earthquakes that have been experienced in historical times. Impact Discussion: Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 30 of 56 ■ a1.) Less than significant impact. There are no known active faults underlying, or adjacent to, the project site. The Cleveland Hill fault is located approximately 8± miles east of the project site. Because the nearest active fault is located a considerable distance from the project site, the likelihood of a surface rupture at the project site is very low, and would not be a design consideration. a2.) Less than significant impact. Ground shaking at the project site could occur due to the earthquake potential of the regions active faults. However, active faults are relatively distant from the project site. As a result, ground shaking due to seismic events is expected to have low to moderate intensities at the project site. Future residential development on the resultant parcels would be subject to the California Building Code (CBC). The CBC would provide minimum standards to safeguard life or limb, health, property and public welfare by regulating the controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of buildings and structures within Butte County. Among the provisions of the CBC are building design criteria for earthquake conditions in Butte County. Adherence to the CBC during building construction would ensure that potential impacts are less than significant. a3.) Less than significant impact. The project site is identified as being located within an area considered “Generally Moderate” in respect to liquefaction potential. The California Building Code (CBC) regulates the construction of structures, which may be constructed with approval of the proposed project. Adherence to CBC standards at the time of development of the resultant parcels would ensure that any impacts from an unstable geologic unit or soil are less than significant. a4.) Less than significant impact. The project area is primarily level with 0-2% slopes. As a result, the landslide potential for the project site and surrounding area is low. Though the potential for landslides are generally low, shallow slope failures can occur in virtually any sloping terrain during construction activities. Avoidance of potentially sensitive slopes and/or implementation of appropriate engineering and construction measures at the time of development would avoid or reduce potential impacts of landslides to a less than significant level. b.) Less than significant impact. Surface soil erosion and loss of topsoil has the potential to occur from disturbances associated with the construction-related activities. Construction activities could also result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at the construction site and staging areas. During construction-related activities, specific erosion control and surface water protection methods for each construction activity would be implemented on the project site. The type and number of measures implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions). These control and protection measures, or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water quality degradation. Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. Implementation of standard erosion control BMP’s during future construction-related activities, together with adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are less than significant. c.) Less than significant impact. Destabilization of natural or constructed slopes could occur as a result of future construction activities. Excavations, grading, and fill operations associated with providing access to the resultant parcels and during development could alter existing slope profiles making them unstable as a result of over-excavation of slope material, steepening of the slope, or increased loading. Standard engineering design features and construction procedures would be implemented to maintain stable slopes and excavations during construction, reducing impacts of unstable slopes to a less than significant level. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 31 of 56 ■ d.) Less than significant impact. Expansive soils can cause structural damage particularly when concrete structures are in direct contact with the soils. Appropriate design features to address expansive soils may include excavation of potentially problematic soils during construction and replacement with engineered backfill, ground-treatment processes, direction of surface water and drainage away from foundation soils, and the use of deep foundations such as piers or piles. Implementation of these standard engineering methods would ensure that impacts associated with expansive soils would remain less than significant. e.) Less than significant impact. Wastewater disposal on the project site would be handled by new, individual, on-site septic systems. General Plan 2030 includes a number of policies in the Water Resources Element and the Public Facilities Services Element both to address existing septic systems in areas with poor soils and to ensure the safety of future septic systems. To ensure the safety of new septic systems, Policy PUB-P13.2 requires new development to demonstrate the availability of a safe, sanitary, and environmentally sound wastewater system. Similarly, Policy PUB-P13.3 requires applicants of projects that will rely on on-site wastewater systems to provide detailed plans demonstrating that the system will be adequate to serve the project. Lastly, Policy PUB-P12.2 requires on-site wastewater treatment and disposal systems in the Chico area to continue to be regulated according to requirements in the Chico Urban Area Nitrate Compliance Plan (Butte County General Plan 2030 EIR). The applicant completed a pre-application review with Butte County Department of Environmental Health, in accordance with Chapter 19 of Butte County Code (On-Site Wastewater Systems). As part of the review, an initial septic location on the resultant parcels were evaluated and determined to have adequate soil conditions to allow for future development of an on-site wastewater system. Future development requiring wastewater disposal is required to receive an On-Site Wastewater System Construction Permit from Butte County Environmental Health Division. Application for a Construction Permit will include detailed plans of the proposed wastewater system, prepared by a Certified Installer or Certified Designer, which will demonstrate compliance with County regulations and the County’s On-Site Wastewater Manual, and to ensure a safe, sanitary, and environmentally sound wastewater system. Mitigation Measure: None required. 4.7 Greenhouse Gas Emissions: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Setting: The earth’s atmosphere naturally contains a number of gases, including (but not limited to) carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), which are collectively referred to as greenhouse gases (GHGs). GHG emissions are generally numerically depicted (when applicable) as carbon dioxide equivalents (CO2e). CO2e represents CO2 plus the additional warming potential from CH4 and N2O. The common unit of measurement for carbon dioxide equivalents is in metric tons (MTCO2e). These gases trap some amount of solar radiation and the earth’s own radiation, preventing it from passing through earth’s atmosphere and into space. GHG are vital to life on earth; without them, earth would be an icy planet. For example, CO2 is an element that is essential to the cycle of life. In general, CH4 and N2O have 21 and 310 times the warming potential of CO2, respectively. Human-made emissions of GHG occur through the combustion of fuels, as well as a variety of other sources. Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase, weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 32 of 56 ■ duration of spring snowmelt. Climate zones may change, affecting the ecology and biological resources of a region. There may also be changes in fire hazards due to the changes in precipitation and climate zones. While scientists have established a connection between increasing GHG concentrations and increasing average temperatures, important scientific questions remain about how much warming would occur, how fast it would occur, and how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the degree to which human activity impacts climate change. The phenomenon is worldwide, yet it is expected that there would be substantial regional and local variability in climate changes. It is not possible with today’s science to determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change may be counteracted by another aspect of climate change, or exacerbated by it. Section 15183.5(b) of Title 14 of the California Code of Regulations states that a GHG Reduction Plan, or a Climate Action Plan, may be used for tiering and streamlining the analysis of GHG emissions in subsequent CEQA project evaluation provided that the CAP does the following: A. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; B. Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; C. Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; D. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; E. Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and F. Be adopted in a public process following environmental review. A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of GHG emissions are agriculture (43%), transportation (29%), and residential energy (17%). A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission reduction measures would be implemented with project approval. The CAP development checklist identified three reduction measures applicable to the proposed project. These measures include expansion of renewable energy systems for new residential development by prewiring future development for photovoltaic systems; reduction of construction equipment idling time; and, installation of electric vehicle charging outlets in the garage or the exterior of the home (See Attachment A). Impact Discussion: a.) Less than significant impact with mitigation incorporated. The proposed project is a minor subdivision that would contribute to the existing greenhouse gas inventory for Butte County through the creation of parcels for future residential development. Residential development would generate direct emissions through the consumption of electricity, natural gas, and propane, as well as from fuel usage for landscaping equipment. Development would also generate additional vehicle trips to and from the residence. Additionally, construction activities of future development would also create greenhouse gas emissions, primarily from the use of heavy equipment. To reduce the anticipated increase in of GHG emissions that would ultimately be created by the proposed project, GHG reduction measures from the Butte County Climate Action Plan were identified through CAP development checklist review. Implementation of the following mitigation measure would ensure the project’s consistency with the CAP and that impacts from GHG emissions are less than significant. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 33 of 56 ■ b.) No Impact. The Butte County General Plan and Butte County Climate Action Plan establish numerous policies relative to greenhouse gases. The proposed subdivision would not generate greenhouse gas emissions; however, future development of the resultant parcels would increase GHG emissions, although on a limited scale. Due to the limited development potential of the project site, the anticipated increase in emissions would not conflict with the applicable with policies adopted for the purpose of reducing GHG emissions. Mitigation Measure #7 (Greenhouse Gas Emissions) Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: To the extent feasible, the developer shall implement the following measures at the time of development to offset the anticipated contribution of greenhouse gas emissions from residential development: • Support expansion of renewable energy systems o Prewire all new residential development to support photovoltaic system installation. • Support efficiency in vehicles and landscaping equipment o Install electrical vehicle outlets on external walls or in garages in all new residential development. • Improve fuel efficiency of equipment during construction-related activities o Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute. o Use clean or alternative fuel equipment Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. 4.8 Hazards and Hazardous Materials: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 34 of 56 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Settings Airports Air transportation in Butte County is served by a number of private and public airfields and heliports serving general aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public. The Oroville Municipal Airport is the nearest general aviation airport to the project site. The airport is located approximately 3.8 miles northwest from the project site, and the project site is located outside the compatibility zones for the airport. Wildland Fire Conditions The combination of highly flammable fuel, long dry summers and steep slopes creates a natural hazard of wildland fires in many areas of Butte County. Wildland fires can result in death, injury, economic losses, and a large public investment in firefighting efforts. Woodland and other natural vegetation can also be destroyed during wildfires, resulting in the loss of timber, wildlife habitat, scenic quality, and recreation. Areas in the county that are particularly susceptible to wildland fires largely contain dense vegetation and steep slopes, which aide in the spread of fire. These areas have been designated as Fire Hazard Severity Zones by the State Department of Forestry and Fire Protection (Cal Fire), and generally include the foothill and mountainous regions of Butte County. Fire protection services for unincorporated Butte County are generally provided by the Butte County Fire Department (BCFD) and the California Department of Forestry and Fire Protection (CalFire), with CalFire having fiscal responsibility for preventing and suppressing wildfires. Due to the heightened risk of wildfires and the increased potential for damage or loss in certain areas of the county, CalFire has designated these areas as State Responsibility Areas (SRA). Development within SRAs must comply with special building requirements, and are also regulated by Public Resources Code 4290 and 4291, which establish requirements for maintenance of defensible space and vegetation management. According to the Health and Safety Element of the Butte County General Plan, the project site is not located in a Fire Hazard Severity Zone due to the project site consisting of level slopes and grassland. The project site is also not located in the SRA area. Impact Discussion: a.) Less than significant impact. Limited quantities of miscellaneous hazardous substances, such as gasoline, diesel fuel, hydraulic fluid, solvents, oils, etc. would be used to maintain vehicles and motorized equipment during construction-related activities. Accidental spill of any of these substances could impact water and/or groundwater quality. Depending on the relative hazard of the material, if a spill were to occur of significant quantity, the accidental release could pose a hazard to construction workers, the public, as well as the environment. Construction personal who are experienced in containing accidental releases of hazardous Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 35 of 56 ■ materials will likely be present to contain and treat affected areas in the event a spill occurs. If a larger spill were to occur, construction personal would generally be on-hand to contact the appropriate agencies. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. However, if large quantities are stored at the project site, the owner would be required to obtain a Hazardous Materials Business Plan. It is more likely that only small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for residential or agricultural maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. b.) Less than significant impact. It’s not anticipated that construction or operation of future residential or agricultural development would create a significant hazard to the environment or to the public due to the accidental release of hazardous materials into the environment. Accidental release of hazardous materials routinely used during construction activities are addressed in section a.), above. c.) No impact. No existing or proposed schools have been identified within one-quarter mile of the project site. d.) No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify contamination site as being located within, or in the vicinity of, the project site. e.) No impact. No public use airports have been identified to be located within the vicinity of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in a safety hazard to people working and residing on the project site. f.) No impact. No known private airstrips have been identified within two miles of the project site. As a result, no safety hazards associated with airport operations are anticipated to affect people working or residing within the project site. g.) No impact. The proposed project does not include any actions that physically interfere with any emergency response or emergency evacuation plans. Development of the resultant parcels would add a small amount of trips onto the area roadways; however, area roadways and intersections would continue to operate at an acceptable level of service. If future construction activities require work to be performed in the roadway, appropriate traffic control plans would be prepared in conjunction with a Butte County Encroachment Permit. h.) Less than significant impact. The project site is not located in a Fire Hazard Severity Zone or a State Responsibility Area. As a result, existing and subsequent development on the resultant parcels, as well as its residents, would not be exposed to a significant wildland fire risk. Mitigation Measure: None required. 4.9 Hydrology and Water Quality: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 36 of 56 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? Setting: Flooding Flooding events can result in damage to structures, injury or loss of human and animal life, exposure of waterborne diseases, and damage to infrastructure. In addition, standing floodwater can destroy agricultural crops, undermine infrastructure and structural foundations, and contaminate groundwater. The Federal Emergency Management Agency (FEMA) is responsible for mapping areas subject to flooding during a 100-year flood event (i.e., 1 percent chance of occurring in a given year). According to floodplain mapping of the project area, the project site is located within the X zone. The X zone is defined by FEMA as areas of minimal flood hazard from the principal source of flood in the area and determined to be outside of the 0.2 percent annual chance floodplain. Inundation Zone Dam failure is generally a result of structural instability caused by improper design or construction, instability resulting from seismic shaking, or overtopping and erosion of the dam. Larger dams that are higher than 25 feet or with storage capacities over 50 acre-feet of water are regulated by the California Dam Safety Act, which is implemented by the California Department of Water Resources, Division of Safety of Dams (DSD). The project site is not identified as being located in the inundation zone for any dams regulated by the California Dam Safety Act. Impact Discussion: a.) Less than significant impact. Future development associated with the proposed project would require grading, excavation and general site preparation activities that could result in erosion of on-site soils and sedimentation during storm or high wind events. Erosion of on-site soils would temporarily impact surface water quality and Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 37 of 56 ■ water quality within nearby waterways. Downstream impacts from erosion include increased turbidity and suspended sediment concentrations. Eroded soils also contains nitrogen, phosphorous and other nutrients, that when deposited in water bodies, can trigger algal blooms that reduce water clarity, deplete oxygen, and create odors. Eroded sediments may blanket fauna, and the increased cloudiness from suspended sediments may also reduce photosynthesis that produces food supply and natural aquatic habitat (Butte County General Plan 2030). As discussed in Section 4.6 – Geologic Processes, the physical characteristics of the soil at the project site indicate that susceptibility to erosion is slight. During construction-related activities, specific erosion control and surface water protection methods for each construction activity would be implemented on the project site. The type and number of measures implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions). These control and protection measures, or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water quality degradation. Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. Project operations that are under a NPDES permit would also be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site. A condition of approval reflecting the requirement of the applicant to obtain a NPDES permit, prior to grading activities, will be included with project approval. Groundwater Quality Future development on the resultant parcels also has the potential to contribute pollutants to area groundwater. Nitrate contamination of groundwater is one of the most widespread pollutants and may impact area residents who utilize groundwater as their main source of drinking water. High concentrations of nitrate in groundwater are primarily caused by human activities, including fertilizer application (synthetic and manure), animal operations, industrial sources (wastewater treatment and food processing facilities), and septic system. Nitrate contamination poses a health risk to many rural areas where drinking water is obtained from wells that are often shallow and vulnerable to contamination. The California Department of Public Health set a Maximum Contaminant Level (MCL) of 45 milligrams per liter (mg/L) for nitrates in drinking water. Levels of nitrate that exceed safe drinking water standards can interfere with the ability of red blood cells to carry oxygen to the tissues of the body producing a condition called methemoglobinemia. The groups with the greatest risk of becoming ill through ingesting nitrate are infants under 6 months and pregnant women. Groups with the lowest risk of becoming ill are healthy children and adults (CDPH). Wastewater disposal on the project site would be handled by new, individual, on-site septic systems. General Plan 2030 includes a number of policies in the Water Resources Element and the Public Facilities Services Element both to address existing septic systems in areas with poor soils and to ensure the safety of future septic systems. To ensure the safety of new septic systems, Policy PUB-P13.2 requires new development to demonstrate the availability of a safe, sanitary, and environmentally sound wastewater system. Similarly, Policy PUB-P13.3 requires applicants of projects that will rely on on-site wastewater systems to provide detailed plans demonstrating that the system will be adequate to serve the project. Lastly, Policy PUB-P12.2 requires on-site wastewater treatment and disposal systems in the Chico area to continue to be regulated according to requirements in the Chico Urban Area Nitrate Compliance Plan (Butte County General Plan 2030). The applicant completed a pre-application review with Butte County Department of Environmental Health, in accordance with Chapter 19 of Butte County Code (On-Site Wastewater Systems). As part of the review, an initial septic location on the resultant parcels were evaluated and determined to have adequate soil conditions to allow for future development of an on-site wastewater system. Future development requiring wastewater disposal is required to receive an On-Site Wastewater System Construction Permit from the Butte County Environmental Health Division. Application for a Construction Permit will include detailed plans of the proposed wastewater system, prepared by a Certified Installer or Certified Designer, which will demonstrate compliance with County regulations and the County’s On-Site Wastewater Manual, and to ensure a safe, sanitary, and environmentally sound wastewater system. b.) Less than significant impact. Domestic water to existing and planned uses on the resultant parcels would be provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 38 of 56 ■ Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed subdivisions located outside an urban area and more than a 1,000 feet from an existing public water system, a domestic water for the proposed lots supply may be supplied by individual wells. The quantity and quality of the groundwater for the proposed development is reviewed by the Butte County Environmental Health Division by either a test well, a review of existing wells in the area, or a statement from a licensed well driller together with a report by an engineering geologist or hydrologist verifying that minimum well production for domestic purposes are achieved. General Plan 2030 and the associated Environmental Impact Report included several actions and policies to address groundwater supplies and sustain groundwater resources. Butte County also has adopted the Butte County Integrated Water Resources Plan and Butte County Groundwater Management Plan, and has performed an analysis of long-term water usage and supplies with the 2001 Butte County Water Inventory and Analysis. The findings contained in these reports, together with the application of these existing policies and plans, led Butte County to conclude that the growth anticipated with General Plan 2030 would have a less than significant impact to groundwater supplies. The proposed project has the potential to result in a net increase in impervious surfaces on the project site from the development of new residences or other structures. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access road surfacing. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. c.) Less than significant impact. Ground disturbance during construction activities associated with the build- out of the resultant parcels may alter existing drainage pathways, expose surface soils to become more susceptible to erosive forces (i.e., overland flow) and/or generate enough increased runoff through removal/clearing of existing vegetation to increase surface erosion. As discussed in section a.), above, implementation of erosion control measures or BMPs during construction activities would minimize soil erosion and water quality degradation. d.) Less than significant impact. Construction activities associated with build-out of the resultant parcels would not alter drainage patterns such that they would cause on- or off-site flooding. Some vegetation removal and soil disturbance would occur during clearing of the building site and access road, resulting in the potential for increased stormwater runoff. However, implementation of BMPs would minimize the potential for surface runoff and reduce the potential for flooding. The minor increase in impervious surface area from build-out of the resultant parcels is not anticipated to be enough to alter existing drainage patterns or cause offsite flooding. While some increase in stormwater runoff may be expected due to the reduced absorption rate created from new impervious surfaces on the site, such as structures, driveways, and hardscape (walkways, patios), future development would be reviewed by the Butte County Public Works Department to ensure any potential drainage concerns are addressed, and to ensure no net increase in stormwater runoff leaves the project site. e.) Less than significant impact. When precipitation falls onto the ground surface, it naturally infiltrates into the ground, and when the ground is saturated, it runs off as surface flow. Stormwater in Butte County is currently conveyed through a system of ditches, culverts and underground storm sewers to regional waterways. Stormwater that falls on impervious surfaces such as roads, driveways and parking lots picks up residual pollution such as oil, sediment, and trash. These materials are then washed into waterways and pollute the rivers and reservoirs of Butte County and other downstream receiving waters. In addition, stormwater runs off impervious surfaces at a faster rate than off of soil or natural surfaces. Increase rates stormwater runoff can result in hydromodification of downstream waterways through eroded streambanks and deeply cut creek channels (Butte County General Plan 2030). The proposed project is likely to generate a minor increase in runoff from the future development of the resultant parcels, such as with the construction of new residences or access roads. These improvements are relatively small and conveyed through a system of ditches and culverts to area waterways. General Plan 2030 Water Resource Element contains policies that address stormwater runoff capacity. Policy W-P1.4 encourages Low Impact Development, which minimizes impervious areas, minimizes runoff and pollution, and incorporates best management practices. Policy W-P5.3 allows and encourages pervious pavements. Policy W-P5.5 requires that stormwater collection systems be installed concurrently with Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 39 of 56 ■ construction of new roadways to maximize efficiency and minimize disturbance due to construction activity. Policy HS-P3.2 requires that applicants for new development provide plans detailing existing drainage conditions and specifying how runoff will be detained or retained on-site and/or conveyed to the nearest drainage facility, without increasing the peak flow runoff to said channel or facility. Policy HS-P3.3 requires that all development include stormwater control measures and site design features that prevent any increase in the peak flow runoff to existing drainage facilities. As a condition of approval to the project, the applicant shall submit drainage plans and calculations to the County Public Works Department. Engineering plans will detail existing drainage conditions and specify how stormwater runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or publicly-maintained facility. Engineering calculations will show there is no increase in peak flow runoff leaving the property. All improvements associated with the proposed project will be made in accordance with the Butte County Improvement Standards. Implementation of these conditions of approval, together with the application of existing County and State regulations and policies would ensure that the anticipated minor increase in runoff would not exceed the capacity of any existing stormwater drainage systems or substantially increase polluted runoff. f.) No impact. The proposed project would not result in potential surface water pollution beyond the issues discussed in section a.), above. Therefore, the proposed project would not otherwise degrade water quality beyond the issues previously addressed. g.) No impact. According to floodplain mapping of the project area, the project site is located within the X zone. The X zone is defined by FEMA as areas of minimal flood hazard from the principal source of flood in the area and determined to be outside of the 0.2 percent annual chance floodplain. As a result, proposed improvements and future development on the resultant parcels would not be subject to the County’s Flood Hazard Prevention Ordinance. h.) No impact. See discussion 4.19(g) – Hydrology and Water Quality. i.) No impact. The project site is not identified as being located in a flood hazard zone or an inundation zone for any dams regulated by the California Dam Safety Act. j.) No impact. Although located within a seismically-active region, the project site is not located in an area that would be impacted by a seiche, tsunami, or mudflows. Mitigation Measure: None required. 4.10 Land Use: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Physically divide an established community? b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? Setting: Butte County General Plan The General Plan represents the basic community values, ideals and aspirations with respect to land use, development, transportation, public services, and conservation policy that will govern Butte County through 2030. The land use Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 40 of 56 ■ element of the general plan designates the land use of areas within the county, and includes a description of the characteristics and intensity of each land use category. The land use designation for the project site is Rural Residential. Butte County Zoning Ordinance The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of the land and structures within the County. The zoning designation of the project site and their intended use are as follows: Rural Residential - 5 (RR-5) The purpose of the Rural Residential zone is to allow for the appropriate development of large-lot single-family homes, small farmsteads, and related uses in the rural and agricultural areas of the county. Standards for the RR zone are intended to preserve and protect the character of existing rural residential areas and ensure that future rural residential development is compatible with adjacent agricultural uses. Permitted residential uses in the RR zone include a single-family home, small residential care home, and a second unit. The RR zone also conditionally permits non-residential uses compatible with a rural residential setting, including public and quasi-public uses, personal services, nurseries, and animal services. Animal grazing, crop cultivation, private stable, on-site agricultural products sales, and other similar agricultural activities are permitted uses in the RR zone. The minimum permitted parcel size in the RR zone ranges from 5 to 10 acres. Impact Discussion: a.) No impact. The project site is located on vacant land and is not part of an established community. As a result, the proposed project will not physically divide an established community. b.) No impact. The project shall be deemed consistent if the proposed uses are consistent with the applicable General Plan designation and text, the applicable General Plan is legally adequate and internally consistent, and the anticipated types of services to be provided are appropriate to the land use designated for the area. The proposed project does not include an amendment to the existing land use designation, or a change to the existing land uses occurring on the project site. The proposed project would subdivide the property into four additional parcels, including a designated remainder, with each parcel meeting the minimum parcel size requirement designated by zoning. c.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western half of the Butte County, and is scheduled to be completed in 2016. The project site is located within the proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan. Mitigation Measure: None required. 4.11 Mineral Resources: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Impact Discussion: a.) Less than significant impact. There are no known economically viable sources of rock materials in the immediate vicinity of the project site. No mining operations have occurred on the project site or surrounding Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 41 of 56 ■ area and the project would not preclude future extraction of available mineral resources. Mineral resource extraction is not proposed with this project. However, future development on the resultant parcels would use mineral resources in the construction of structures and access roads. The amount of resources used for the anticipated development on the resultant parcels is minor and would not result in the loss of its availability. b.) No impact. The project site is not located in an area currently used for, or known to have, locally-important mineral resources. Mitigation Measure: None required. 4.12 Noise: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Setting: Table HS-2 of the Butte County General Plan identifies the maximum allowable noise exposure to a variety of land uses from transportation sources, including from roadways, rail and airports. Table HS-3 identifies the maximum allowable noise exposure from non-transportation sources. In the case of transportation noise sources, exterior noise level standards for residential outdoor activity areas are 60 dB (Ldn/CNEL). However, where it is not possible to reduce noise in an outdoor activity area to 60 dB Ldn /CNEL or less using a practical application of the best-available noise-reduction measures, an exterior noise level of up to 65 dB may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with applicable standards. The maximum allowable interior noise level standards for residential uses is 45 dB Ldn/CNEL, which is designed for sleep and speech protection. The typical structural attenuation of a residence from an exterior noise is 15 dBA when windows facing the noise source is open. When windows in good condition are closed, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 42 of 56 ■ The Butte County Noise Control Ordinance provides the County with a means of assessing complaints of alleged noise violations and to address noise level violations from stationary sources. The ordinance includes a list of activities that are exempt from the provisions of the ordinance. Construction-related noise within 1,000 feet of residential uses are included among the exempted activities, provided construction activities do not take place: • From sunset to sunrise on weekends and non-holidays; • Fridays commencing at 6:00 pm through and including 8:00 am on Saturday; • Before 8:00 am on holidays; • Saturday commencing at 6:00 pm through and including 10:00 am on Sunday; and Sunday after 6:00 pm. Impact Discussion: a.) Less than significant impact. No significant existing noise generating sources have been identified in the project area. The nearest identified noise generator is State Highway 70, which is located approximately 2,300 feet west of the project site. According to the Butte County General Plan 2030 EIR, the future 60 dB noise contour from State Highway would extend up to 301 feet from the centerline of the highway. Therefore, at this distance, noise from the highway would be below the 60 dB when it reaches the project site. Noise levels contributed by the proposed project would include construction noise during future build-out of the resultant parcels, occupancy of the single-family residences, and from agricultural-related activities allowed by the zone. Construction noises associated with development of the resultant parcel would primarily be from the use of heavy equipment, generators, and power tools. Typical operational noises contributed by residential and agricultural uses include landscaping equipment, automobile traffic, power tools, domestic animals, farm machinery, heating and cooling systems. Most of the noise generated by these activities would be intermittent and separated from noise sensitive receptors; and therefore, is unlikely to exceed County standards. Additionally, construction-related noise from on-site development would be temporary and intermittent, and would not result in long-term noise impacts. Compliance with Butte County Code provisions regarding construction noise would ensure construction activities occur during hours exempt from County noise standards, making potential impacts less than significant. b.) Less than significant impact. The use of blasting and/or pile drivers during construction activities would not be included as part of the proposed project. The proposed project would involve temporary sources of groundborne vibration and groundborne noise during construction from the operation of heavy equipment. Operation of heavy equipment would generate localized groundborne vibration and groundborne noise that could be perceptible at residences or other sensitive uses in the immediate vicinity of the construction site. However, since the duration of impact would be infrequent and would occur during less sensitive daytime hours (i.e., between 7:00 a.m. and 7:00 p.m.), the impact from construction-related groundborne vibration and groundborne noise would be less than significant. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 43 of 56 ■ c.) Less than significant impact. The primary contributors to the existing noise environment surrounding the project site include motor vehicle traffic along area roadways. Permanent noise sources that would be introduced to the existing noise environment by the proposed project would primarily come from motor vehicles generated at full build-out of the resultant parcels, and to a lesser extent, from residential and agricultural uses. Noise introduced to area roadways by the project would not cause a substantial increase to existing noise levels due to minimal development anticipated with the proposed project. d.) Less than significant impact. The only temporary or periodic noise sources that would be introduced to the existing noise environment by the proposed project would be noises associated with construction activities. During the construction period, noise levels generated by project construction would vary depending on the particular type, number, and duration of use of the various types of construction equipment. Though noises generated by heavy equipment would periodically generate noise levels in excess of exterior noise standards identified in the General Plan, given the minimal development anticipated to build-out the resultant parcels, the infrequent use of heavy equipment during construction, and that construction activities would occur during less sensitive daytime hours (as specified in the Butte County Noise Control Ordinance), temporary noise impacts are not considered significant. e.) No impact. The Oroville Municipal Airport is located approximately 3.8 miles northwest from the project site, and is situated outside the Airport Land Use Compatibility Zones for the airport. At this distance, the project site is located outside the 55 dB CNEL noise level established for the airport. As a result, operational noises from the airport would not affect residents located on the project site. f.) No impact. No known private airstrips have been identified within the vicinity of the project site. As a result, no noise impacts associated with the airport operations are anticipated to affect people working or residing within the project site. Mitigation Measure: None required. 4.13 Population and Housing: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Setting: The population for Butte County was estimated to be 220,024 in 2010 and 203,446 in 2000, resulting in a total population growth of 16,578 during this 10-year period (US Census). The annual average population growth rate in the county during this period was 0.79 percent. Total housing units in Butte County was approximately 95,835 in 2010, with approximately 8.6 percent of these housing units considered vacant. The proposed project would result in the creation of four additional parcels that could potentially be developed with a single-family residence and potentially a second unit as allowed in the RR-5 zone. According to the United States Census Bureau, the average household size of an owner-occupied housing unit for Butte County is 2.43. Based on the average household size within the county, and the potential number of housing units that could be constructed on the parcel, the proposed project could add 16 - 24 new residents to the local population. Impact Discussion: Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 44 of 56 ■ a.) Less than significant impact. Subdivision of the project site could facilitate the potential addition of single- family residential units, which would directly result in growth in available housing and, if occupied, to the local population. However, housing and population growth with this project are consistent with planned future land uses and would be minor in scale. Construction activities associated with development of the residential units would not result in any direct or indirect growth-inducing impacts to the county because construction activities would be temporary, and construction workers would likely be drawn from the local and regional work force. Growth in the project area resulting from the project is planned, and is consistent with the applicable planning policies and zoning ordinance. b.) No impact. The project site is vacant land, and no residences would be removed or displaced by the proposed project. Therefore, the project would not result in the displacement of substantial numbers of people or housing. c.) No impact. See discussion 4.13(a) – Population and Housing. The proposed project would not cause the displacement of the local population. Mitigation Measure: None required. 4.14 Public Services: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 1. Fire protection? 2. Police Protection? 3. Schools? 4. Parks? 5. Other public services? Impact Discussion: a1.) Less than significant impact. See discussion 4.8 – Hazards and Hazardous Materials. Butte County Code requires the payment of fire protection impact fees to help offset the impacts that new residential development has on the fire protection services. Fire protection impact fees would be paid at the time of building permit issuance for a dwelling unit. a2.) Less than significant impact. The Butte County Sheriff’s Office provides law enforcement service to the site. Implementation of the proposed project could increase service calls if additional residential structures are built. Increased development in rural areas impacts the ability of the Sheriff's Department to adequately provide services to outlying areas. Although police protection services may need to be increased as a result of the project, it is anticipated that project implementation would not require any new law enforcement facilities or the alteration of existing facilities to maintain acceptable performance objectives. The project’s increase in demand for law enforcement services would be offset through project-related impact fees. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 45 of 56 ■ a3.) Less than significant impact. Residential development at the site would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union High and Palermo Union School Districts. A development impact fee for school facilities will be assessed at the time of residential development on the resultant parcels to offset any potential impact to area school facilities. a4.) Less than significant impact. See discussion 4.15 – Recreation. a5.) Less than significant impact. The project would result in added need for County services, such as law enforcement, fire protection, general services, libraries, and roads. Butte County collects various types of development impact fees to offset the cost and impacts associated with new residential units. These fees vary depending on the dwelling type, and are collected at the time of development. Mitigation Measure: None required. 4.15 Recreation: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Setting The project site is located within the Feather River Recreation and Park District (FRRPD). The district covers an area of 631 square miles, and includes the City of Oroville, as well as several unincorporated communities including Wyandotte, Palermo, Bangor and Honcut, among others. The district operates and maintains approximately 132 acres of developed parkland to serve a population of approximately 51,402 residents. This translates into a level of service of 2.6 acres of parklands for every 1,000 residents. The total park facilities operated by the district do not include facilities that are operated by the City of Oroville or the California Department of Parks and Recreation, which includes facilities at Lake Oroville and along the Feather River. The nearest park facility to the project site is in Palermo, located approximately 2.4 miles east. The Oroville Wildlife Area, a State-operated facility, is located one mile west of the project site. Impact Discussion: a.) Less than significant impact. Increase in the demand for recreational facilities is typically associated with substantial increases in population. As discussed in Section 4.13 - Population and Housing, the proposed project may generate growth in the local population, if residential units are constructed on the resultant parcels. Because housing and population growth in the project area would be minor, the project would not result in a substantial increase in demand for recreational facilities or adversely affect Butte County park/population standards. b.) No impact. The proposed project does not include plans for additional recreational facilities nor would it require expansion of existing recreational facilities. Therefore, the proposed project would not result in any adverse physical effects on the environment from construction or expansion of recreational facilities. Mitigation Measure: None required. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 46 of 56 ■ 4.16 Transportation/Traffic: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities Setting: Access to the project site is provided by Power House Hill Road, a County-maintained, two-lane arterial-collector road that extends from Palermo Road to Ophir Road. The road is approximately 18 to 20 feet wide with an asphalt surface. No paved shoulders or roadside drainage swales are located on either side of the roadway near the project site. The average daily vehicle trips along the road are minimal, and have a stable traffic flow. Impact Discussion: a) Less than significant impact. The proposed project has the potential to introduce (5) five single-family residences, as well as accessory uses to the planned residences, which would generate long-term changes in traffic volumes. Vehicle traffic for a single-family residence is estimated to be approximately 10 vehicle trips per day (Institute of Transportation Engineers, 1997). Because the scope of the proposed project is relatively minor and would not result in construction of a substantial amount of residential units, the increase in traffic levels would not create substantial impacts to operating conditions of the area road network. Construction activities associated the future development of the resultant parcels has the potential to generate short-term changes to traffic volumes on the area road network. Daily vehicle trips would be generated with the arrival and departure of construction workers. Heavy truck trips would be required for hauling equipment and materials to and from the construction site. Any future construction activities would be small-scale and of short-duration. As a result, the proposed project would not cause long-term degradation in, or create substantial impacts to, the operating conditions or level of service on any of the roadways in the project area. b) Less than significant impact. See discussion 4.16(a) - Transportation/Traffic. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 47 of 56 ■ c.) No impact. No public use airports have been identified to be located within the vicinity of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in a change in air traffic patterns, including increase air traffic levels or safety hazards. d.) Less than significant impact. The proposed project would not change the configuration (alignment) of area roadways, and would not introduce types of vehicles that are not already traveling on area roads. However, construction of access roads or driveways to the resultant parcels may require encroachment improvements to the frontage road. Future encroachments to a county roadway would be designed in accordance with a Butte County Public Works Encroachment Permit, which would ensure that any potential safety and compatibility issues are addressed. e.) Less than significant impact. Resultant parcels would access Power House Hill Road via a privately-maintained road to be constructed with approval of the proposed project. The proposed access road would be designed and constructed to meet all applicable State and local development standards, ensuring that access is adequate to provide emergency ingress and egress. f.) Less than significant impact. No existing or proposed bicycle or pedestrians facilities are located on, or in the vicinity of, the project site. Future development on the resultant parcels would have minor long-term impacts on alternative transportation facilities due to the limited population growth to the project area. Construction activities associated with future development may generate short-term disruption to area roadways from an anticipated increase in traffic levels that may affect alternative transportation uses. However, construction activities associated with the proposed project would be temporary, and in compliance with a Butte County Encroachment Permit, which would require traffic control implementation, if needed. Mitigation Measure: None required. 4.17 Utilities and Service Systems: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g. Comply with federal, state, and local statutes, and regulations related to solid waste? Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 48 of 56 ■ Impact Discussion: a.) No impact. Wastewater disposal for the proposed project would be provided by private, on-site septic systems. The Butte County Environmental Health Division has performed a preliminary review of the proposed project, and has indicated that future placement of an on-site septic system for the proposed parcels would be possible. At the time of development, the proposed development would be evaluated, and compliance with wastewater disposal standards would be insured. As a result, no wastewater treatment requirements by the California Regional Water Quality Control Board would be applicable. b.) No impact. See discussion 4.17(a) – Utilities and Service Systems. c.) Less than significant impact. The project site is located outside planned drainage areas, and no existing on-site storm water drainage facilities are located on the project site. All resultant parcels are 5+ acres in size, which provides sufficient areas on the property to detain storm water runoff on the resultant parcels. Future development and improvements on the resultant parcels would be reviewed by Butte County Public Works, and appropriate on-site storm drainage facilities would be constructed that will ensure that no net increase in peak flow runoff above pre-development levels leaves the property. Any future storm runoff facilities would be construction to the County’s improvement standards, which will ensure that impacts created with the creation of new facilities, or expansion of existing facilities, would not cause significant adverse effects to the environment. d.) Less than significant impact. Domestic water to existing and planned uses on the resultant parcels would be provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed subdivisions located outside an urban area and more than a 1,000 feet from an existing public water system, a domestic water for the proposed lots supply may be supplied by individual wells. The quantity and quality of the groundwater for the proposed development is reviewed by the Butte County Environmental Health Division by either a test well, a review of existing wells in the area, or a statement from a licensed well driller together with a report by an engineering geologist or hydrologist verifying that minimum well production for domestic purposes are achieved. Additionally, a well permit is required by the County to ensure well drilling standards are achieved and health and safety standards are met. Well production from new wells would be tested to determine if sufficient output it available for the anticipated uses to occur on the resultant parcels. Based on these reviews, existing groundwater supplies are anticipated to be available to the serve the proposed project, and no additional or expanded entitlements are required for groundwater extraction and use. e.) No impact. See discussion 4.17(a) – Utilities and Service Systems. f.) Less than significant impact. Future development of the resultant parcels would result in a minor increase in the stream of waste being deposited in the Neal Road Recycling and Waste Facility. The California Integrated Waste Management Board estimates that a typical residential household generates 10.12 pounds of solid waste per day (4.4 pounds per person per day x average household size). The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an estimated current daily average throughout of 500 tons per day. Therefore, the facility would have adequate capacity to accommodate solid waste generated by the project. g.) Less than significant impact. See discussion 4.17(f) – Utilities and Service Systems. Mitigation Measure: None required. 4.18 Mandatory Findings of Significance: Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 49 of 56 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Impact Discussion: a.) Less than significant impact with mitigation incorporated. With the implementation of mitigation measures included in this Initial Study, the proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are known to exist in the project area and project implementation includes following appropriate procedures for avoiding or preserving artifacts or human remains should they be uncovered during project excavation. b.) Less than significant impact with mitigation incorporated. This project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Air Quality, Biological, Cultural Resources, and Greenhouse Gas Emissions. Cumulative impacts to these areas would be mitigated due to the inclusion of the Mitigation Measures listed below, as itemized under Section 5 – Mitigation Measures and Monitoring Requirements. Past, current, and probable future projects in the vicinity of the project site were reviewed to determine if any additional cumulative impacts may occur with the approval of this project. A two-mile radius was used in determining cumulative impacts. No additional cumulative impacts were discovered. c.) Less than significant impact with mitigation incorporated. There have been no impacts discovered through the review of this application demonstrating that there would be substantial adverse effects on human beings either directly or indirectly. However, the proposed project has the potential to cause both temporary and future impacts to the area by project-related impacts relating to air, biological, and cultural resources. With implementation of mitigation measures included in this Initial Study, these impacts would be effectively mitigated to a less than significant level. 5.0 Mitigation Measures and Monitoring Requirements Mitigation Measure #1 (Construction Air Emissions) The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 50 of 56 ■ are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds • All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit. • Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. • All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. • Install diesel particulate filters or implement other CARB-verified diesel emission control strategies. • Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 51 of 56 ■ • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project. All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #2 (Migratory Birds/Nesting Raptors) If project construction activities occur during the nesting season for birds protected under the Migratory Bird Treaty Act and California Department Fish & Game Code (approximately March 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction. At least one survey shall be conducted no more than 7 days prior to the initiation of construction activities. If vegetation removal stops during the construction period for more than 15 days, another survey shall be conducted within 7 days prior to the continuation of construction activities. In the event that nesting raptors or birds protected by CDFC and MBTA are found in or within the footprint of proposed construction, the project proponent shall: 1. Locate and map the location of the nest site; 2. Establish a 250 feet no-disturbance buffer around all active nests; in the event bald eagles are found nesting in the survey area, a 1,000 foot no disturbance buffer shall be established; 3. Within 2 working days of the survey, prepare a report and submit to the County. The report will include the results of survey, location(s) of nests, and location of no disturbance buffers; 4. On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained; 5. Construction can resume when a qualified biologist has confirmed that the nest is no longer active. Plan Requirements: The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities, including road construction, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. Mitigation Measure #3 (Swainson’s Hawk Foraging) Based on the presence of an active nest (a nest used one or more times in the last 5 years) within two (2) miles of the Project site, the loss of Swainson’s hawk foraging habitat must be mitigated prior to construction of road improvements and any development activities on the resultant parcels. To mitigate for the loss of foraging habitat, the Management Authorization holders/project sponsors shall provide Habitat Management (HM) lands to the Department on the following ratio: Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 52 of 56 ■ Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree, such as the project site, shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats which provide foraging habitat for Swainson’s hawk. Management Authorization holders/project sponsors shall provide a management endowment (the interest on which shall be used for managing the HM lands) at the rate of $400 per HM land acre (adjusted annually for inflation and varying interest rates). In lieu of providing HM lands, some project sponsors may desire to provide funds to the Department for HM land protection. This option is acceptable to the extent the proposal is consistent with Department policy regarding acceptance of funds for land acquisition. All HM lands should be located in areas which are consistent with a multi-species habitat conservation focus. Plan Requirements: Swainson’s hawk foraging habitats shall be established and managed on the project site, or provide adequate foraging habitat funding, acceptable to the CDFW. Timing: Requirements of the condition shall be adhered to prior to construction activities. Monitoring: The Butte County Department of Development Services shall ensure that the California Department of Fish and Wildlife has verified completion of Habitat Management transactions prior to recordation of the parcel map or authorization of any construction activities. Mitigation Measure #4 (Waters of US) Prior to recordation of the Parcel Map, identified jurisdictional wetlands within the project site shall be complied into a report and submitted to USACE to be verified utilizing approved methodologies. Upon verification of wetland features, a 250-foot development avoidance ‘No Disturbance’ buffer shall be established around the outer edge of on- site wetland resources. Wetland resources and the development avoidance buffer area shall be delineated on a separate document recorded concurrently with the parcel map. No disturbance related to the development and use of residences, or agricultural uses, within the buffer area is allowed. If future construction activities on the resultant parcels would affect the identified wetland resources or the 250-foot buffer area, the project proponent shall either obtain appropriate permits from the USACE, pursuant to Section 404 of the Clean Water Act, or obtain a letter from USACE that states the areas of disturbance would not impact jurisdictional features. If construction activities affect the ordinary high water mark and/or vegetation associated with any Waters of the U.S. which include but are not limited to, interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetland”, sloughs, prairie potholes, wet meadows, playa lakes, vernal pools or natural ponds, then the Project proponent will need to obtain the following: 1. Prior to any discharge or fill materials into Waters of the U.S., authorization under a Nationwide Permit or Individual Permit shall be obtained from the USACE. For fill requiring a USACE permit, a water quality certification from Regional Water Quality Control Board (Clean Water Act §401) shall also be obtained prior to discharge of dredged or fill material. 2. Prior to any activities that would obstruct the flow of or alter the bed, channel, or bank of any perennial, intermittent or ephemeral creeks, notification of Streambed Alteration Agreement (§1602) shall be obtained. Mitigation requirements for the fill of waters of the U.S. will be implemented through an onsite restoration plan, and/or an In Lieu Fund and/or a certified conservation bank with a Service Area that covers the proposed Project area. These agreements, certifications and permits may be contingent upon successful completion of the CEQA process. Plan Requirements: A 250-foot development avoidance buffer area shall be established on the project site and delineated on a separate document recorded concurrently with the parcel map, together with the mitigation measure. Timing: Requirements of the condition shall be adhered to prior to Parcel Map recording and prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. Mitigation Measure #5 (Temporary Fencing) Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 53 of 56 ■ Prior to construction activities, the project proponent shall use exclusionary fencing to mark the boundaries of intermittent creeks, seasonal drainages, wetlands, swales, vernal pools, and sensitive plant and wildlife species (identified in Table 4.4-1 Special Status Species and Habitats Potentially Occurring on Site) that are to be avoided. The project proponent shall also mark the boundaries of all Waters of the U.S., including wetlands and vernal features, which are to be avoided, plus 250 foot buffer The exclusionary fencing shall be maintained in place throughout construction. Additional permitting conditions required by regulatory agencies may be required as a result of the permitting process. Plan Requirements: The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. Mitigation Measure #6 (Cultural Resources) Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: “Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e. artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. Mitigation Measure #7 (Greenhouse Gas Emissions) Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: To the extent feasible, the developer shall implement the following measures at the time of development to offset the anticipated contribution of greenhouse gas emissions from residential development: • Support expansion of renewable energy systems o Prewire all new residential development to support photovoltaic system installation. • Support efficiency in vehicles and landscaping equipment o Install electrical vehicle outlets on external walls or in garages in all new residential development. • Improve fuel efficiency of equipment during construction-related activities o Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute. o Use clean or alternative fuel equipment Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 54 of 56 ■ Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. Project Name: Choy Saetern Tentative Parcel Map, File # TPM14-0009 ■ Butte County Department of Development Services ■ ■ Initial Study – TPM14-0009 (Saetern) ■ Page 55 of 56 ■ 6.0 Environmental Reference Material 1. Butte County Association of Governments. Butte Regional Conservation Plan, First Administrative Draft. Accessed December 27, 2013. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft- BRCP/index.html) 2. Butte County. Butte County Airport Land Use Compatibility Plan. Butte County Airport Land Use Commission. December 20, 2000. 3. Butte County. Butte County Climate Action Plan. February 25, 2014. 4. Butte County. Butte County General Plan 2030 Final Environmental Impact Report. April 8, 2010. Available at http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp. 5. Butte County. Butte County General Plan 2030. October 26, 2010. Available at http://www.buttegeneralplan.net/products/2010-10-26_GP2030/Butte_County_General_Plan.pdf 6. Butte County. Butte County General Plan 2030 Setting and Trends Report Public Draft. August 2, 2007. Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp. 7. Butte County. Butte County Code of Ordinances, Chapters 19, 20, 24 & 41A. Accessed February 2015. Available at https://www.municode.com/library/ca/butte_county/codes/code_of_ordinances/ 8. Butte County. Butte County Department of Development Services GIS Data. March 2015. 9. Butte County. Butte County Bicycle Plan. June 14, 2011. 10. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. October 23, 2014. 11. Butte Local Agency Formation Commission (LAFCO). Feather River Recreation and Park District Municipal Service Review. August 25, 2009. 12. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007. 13. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mapping and Monitoring Program. 2004. 14. California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on February 2015. http://www.envirostor.dtsc.ca.gov/public. 15. CalRecycle. California’s 2013 Per Capita Disposal Rate. Accessed March 2015. 16. Gallaway Enterprises. Biological Resource Assessment – Power House Hill Road Project. February 2015. 17. Institute of Transportation Engineers. Trip Generation Manual, 6th Edition – Volume 1 of 3. 1997. 18. U.S. Census Bureau. Annual Estimates of the Resident Population – 2012 Population Estimates for Butte County, California. March 5, 2013. 19. U.S. Census Bureau. Profile of General Population and Housing Characteristics – 2010. Butte County, California. March 5, 2013. Climate Action Plan Implementation and Monitoring Tool  Development Checklist for Master‐Planned Development  Project Summary  1. What is the size of the project (in acres?) 2. What types of land uses are included in the project? Check all that apply: Single‐family residences Multi‐family residences Retail commercial Office commercial Industrial Other (please describe) 3. If there is a residential component to the project, how many units are being proposed? Single‐family residences Multi‐family residences 4. Does the project require any amendments to the General Plan or Specific Plans? If so, please describe.  Note: If the project does not require General Plan or Specific Plan amendments, GHG emissions from the project  may be consistent with the CAP by demonstrating consistency with the CAP policies in the checkliston the  following pages. The project may be able to rely on the CAP’s environmental findings for the purposes of GHG  emissions and climate change, rather than identifying separate project‐level emissions. The information in this  checklist should be incorporated into the project’s initial study, negative declaration/mitigated negative  declaration, environmental impact report, and/or project conditions of approval.  Should the project require any General Plan or Specific Plan amendments, the project’s impact on the county may  exceed the assumptions in the CAP’s 2020 forecast, potentially triggering additional emissions not included in the  CAP’s GHG forecast. Projects that are inconsistent with the 2020 forecasts may still use the CAP for identification  of measures and standards for mitigations, but it is recommended that the project identify separate project‐level  emissions using California Emissions Estimator Model (CalEEMod) or another tool. 29.44 acres Proposed Tentative Parcel Map (TPM14‐0009) to subdivide 29.44 acre parcel into four parcels of 5.11 acres, 5.04  acres, 5.04 acres, 5.04 acres, and a 7.17 acre Remainder for single‐family residential development. 5 No. Consistency with CAP Measures The CAP provides measures that achieve a 15% reduction below 2006 emissions levels by 2020. Projects that wish  to demonstrate consistency with the CAP must demonstrate consistency with all applicable measures and action  items from the CAP. Consistency with all applicable measures should be cited as evidence to support  streamlining from the CAP. CAP measures that regulate new master‐planned developments are provided below. These are minimum  standards that are necessary for CAP consistency. Using the table, identify the project's compliance with  applicable CAP measures. If a project demonstrates consistency with all applicable standards, the project is  eligible to claim consistency with CAP measures and is eligible for CAP streamlining. Additional  measures from the CAP may also be recommended.  Standards for CAP Consistency ‐ New Development  Yes Additional notes: No N/A kW Yes What type of system? No N/A Additional notes: Yes kWh No N/A % Additional notes: Yes No N/A Yes No N/A Yes No Additional notes: N/A Yes No N/A Additional notes: Yes No N/A Additional notes: F2: Construction of new development: Use  clean  or alternative fuel equipment (e.g., electricity,  natural gas, hybrid, etc.); or Limit the maximum  idling time for all construction equipment to  three minutes or less.  If yes, what type of measure  Both measures to be required  at time of building permit. F1: Nonresidential developments: Provide public  electric vehicle prewiring or conduit. If yes, how many spaces are  F1: Residential developments: Infrastructure  support the use of neighborhood electric  vehicles (NEVs). Examples: speed limits no  higher than 35 mph, NEV/bike‐only traffic lanes,  and signage alerting drivers to the presence of  NEVs. If yes, what type of measure  does the project use? Not applicable for this minor  land division. EN9: New nonresidential development: prewire  for solar PV systems and maximize roof space to  accommodate future rooftop solar installations. Is the project prewired for solar  PV systems?  Yes No Please explain other measures  Reduction Measure and Applicable Standard Compliance Notes and Comments EN8: Multi‐family developments: Offset  electricity use by power purchase agreements or  with on‐site solar.  How much electricity will be  offset? What percent of residential  electricity will be offset? EN8: New discretionary projects: prewire for  solar PV systems.  Is the project prewired for solar  PV systems?  Yes No Additional notes: To be required. EN8: New discretionary developments consisting  of more than 500 residential units: achieve zero  net energy through a combination of energy  efficiency and renewable energy measures (i.e.,  on average, the project will generate more  electricity on‐site each year than it will use). How much renewable energy  will be generated on‐site? Solar photovoltaic Solar water heater Other Reduction Measure and Applicable Standard Does the Project Comply? Notes and Comments EN7: Nonresidential uses: Achieve CALGreen Tier  1 standards for energy efficiency, water  conservation, and passive design. Yes No units N/A Additional notes: Reduction Measure and Applicable Standard Applicability Notes  F3: Residential units: Contain electric vehicle  charging outlets on external walls or in garages.  If yes, how many units will have  chargers? 5 To be required at time of  building permit. A Mitigation Measure will be  added to the proposed project.   The measure will include an  informational note on the  recorded map, and  implemented during  construction activities on the  resultant parcels. A Mitigation Measure will be  added to the proposed project.   The measure will include an  informational note on the  recorded map, and  implemented during Building  Permit review for residential  development. A Mitigation Measure will be  added to the proposed project.   The measure will include an  informational note on the  recorded map, and  implemented during Building  Permit review for residential  development. EN8. Expand distributed generation, renewable  energy systems for new residential  development.  Encourage all new discretionary  projects to include solar prewiring for PV. Future single‐family residential  development on the resultant  parcels will be pre‐wired for  photovoltaic energy systems to  encourage expansion of   renewable energy systems. F2.  Corrdinate with the Butte County Air Quality  Management District to adopt construction  mitigation requirements for all construction  projects.  Applicants for project subject to  discretionary review shall be encouraged to  choose one of the following: (1) Reduce  construction equipment idling to 3 minutes. (2)  As practical, use clean or alternative fuel  equipment. Construction activities on the  resultant parcels will be  monitored by construction  personnel or the property  owner to ensure construction  equipment idling is limited to 3  minutes.  If available,  construction equipment with  alternative fuel or clean fuel  would be used during  construction activities on the  resultant parcels. F3. Implement programs and update standards  for new residential development to support  efficiency in auto and lawn and garden  equipment.  Encourage electrical vehicle outlets  on external walls or in garages in all new  residential development, subject to discretionary  review.   Future single‐family residential  development on the resultant  parcels will include electric  vehicle outlets on external walls  or in garages to promote fuel  efficent vehicles and garden  equipment. Additional Recommended CAP Measures This list includes additional measures and actions identified in the CAP that are not directly applicable to master‐ planned developments but may be relevant to a project of this type. These measures should be included in the  project design as feasible. 2729 Prospect Park Drive Rancho Cordova, CA 95670 www.pmcworld.com i Biological Resource Assessment for Skyview Plaza Project Gallaway Enterprises BIOLOGICAL RESOURCE ASSESSMENT Aquatic and Terrestrial Wildlife, and Botanical Resources Power House Hill Road Project February 2015 Prepared for: Sylvia Saephan 1247 Hastings Court Plumas Lake CA 95961 Prepared by: Gallaway Enterprises 117 Meyers Street, Suite 120 Chico CA 95928 530-332-9909 Contact: Jody Gallaway www.gallawayenterprises.com i Biological Resource Assessment Power House Hill Road Project CONTENTS INTRODUCTION ............................................................................................................................................. 1 Purpose and Overview .............................................................................................................................. 1 Project Location and Environmental Setting ............................................................................................ 1 Project Description.................................................................................................................................... 5 Biological Survey Area ............................................................................................................................... 5 METHODS ...................................................................................................................................................... 5 References Consulted ............................................................................................................................... 5 Special-Status Species ............................................................................................................................... 5 Special-status Species of Interest ............................................................................................................. 7 Biological and Botanical Surveys ............................................................................................................... 7 Habitat Assessment .............................................................................................................................. 7 Botanical Survey .................................................................................................................................... 7 Critical Habitat .......................................................................................................................................... 8 Waters of the United States ..................................................................................................................... 8 RESULTS ........................................................................................................................................................ 8 Terrestrial Habitat ..................................................................................................................................... 8 Annual Grassland .................................................................................................................................. 8 Aquatic Habitat ....................................................................................................................................... 10 Palustrine ............................................................................................................................................ 10 Vernal Pools .................................................................................................................................... 10 Seasonal and Vernal Swales ............................................................................................................ 10 Riverine ............................................................................................................................................... 10 Ephemeral Drainages ...................................................................................................................... 10 Special-Status Species ............................................................................................................................. 10 Endangered, Threatened and Rare Plants .......................................................................................... 10 Ahart’s dwarf rush .......................................................................................................................... 11 Butte County golden clover ............................................................................................................ 11 Red Bluff dwarf rush ....................................................................................................................... 11 CNDDB Occurrences ............................................................................................................................ 11 Status of Special-Status Botanical Species occurring in the BSA ........................................................ 11 ii Biological Resource Assessment Power House Hill Road Project Endangered, Threatened and Special Status Wildlife ......................................................................... 12 Vernal Pool Crustaceans ..................................................................................................................... 12 Vernal Pool Fairy Shrimp ................................................................................................................. 12 Reptiles and Amphibians .................................................................................................................... 12 Western Spadefoot ......................................................................................................................... 12 Birds .................................................................................................................................................... 13 Swainson’s Hawk ............................................................................................................................. 13 Western Burrowing Owl.................................................................................................................. 13 CNDDB Occurrences ............................................................................................................................ 13 Status of Special Status Species Occurring in the BSA ........................................................................ 14 Other Special-Status Species ............................................................................................................... 14 REGULATORY FRAMEWORK ........................................................................................................................ 22 Federal .................................................................................................................................................... 22 Waters of the United States, Clean Water Act, Section 404 .............................................................. 22 Clean Water Act, Section 401 ............................................................................................................. 22 Federal Endangered Species Act ......................................................................................................... 23 Migratory Bird Treaty Act ................................................................................................................... 23 State of California ................................................................................................................................... 23 California Endangered Species Act ..................................................................................................... 23 California Fish and Game Code (§3503.5) ........................................................................................... 24 Lake and Streambed Alteration Agreement, CFGC (§1602) ............................................................... 24 Rare and Endangered Plants ............................................................................................................... 24 California Environmental Quality Act Guidelines §15380 ................................................................... 25 CONCLUSIONS AND RECOMMENDATION ................................................................................................... 25 Endangered, Threatened and Rare Plants .......................................................................................... 25 Endangered, Threatened and Special Status Wildlife ......................................................................... 26 Other Natural Resources ..................................................................................................................... 28 REFERENCES ................................................................................................................................................ 29 LIST OF PREPARERS ..................................................................................................................................... 30 iii Biological Resource Assessment Power House Hill Road Project FIGURES Figure 1: Regional Location ........................................................................................................................... 2 Figure 2: Project Location ............................................................................................................................. 3 Figure 3: Biological Survey Area .................................................................................................................... 4 Figure 4: CNDDB Occurrence Map ................................................................................................................ 6 Figure 5: Wetland Delineation Map .............................................................................................................. 9 TABLES Table 1. Special-status species and their potential to occur in the BSA. .................................................... 16 APPENDICES Appendix A..................................................................................................U.S Fish and Wildlife Species List California Native Plant Society Species List California Department of Fish and Wildlife Natural Diversity Database Appendix B…………………………………………………………………………………………………………………..Project Site Photos 1 Biological Resource Assessment Power House Hill Road Project BIOLOGICAL RESOURCE ASSESSMENT Power House Hill Road Project Project Location: Near the City of Oroville, Butte County, California Sec 1, T 18N, R 3E APN 025-340-038-000 INTRODUCTION Purpose and Overview The purpose of this biological resource assessment (BRA) is to document the endangered, threatened, sensitive and rare species, and their critical habitats that occur in the biological survey area (BSA) of the Power House Hill Road Project located on Assessor Parcel Number (APN) 025-340-038-000, along Power House Hill Road, near the City of Oroville, Butte County, California (Figure 1 and Figure 2). The proposed Project involves dividing the 29 acre property into five (5) lots and constructing an access road. The biological survey area (BSA) (the area in which project activities occur and where the focuses of biological surveys are conducted) is confined to the parcel (Figure 3). Gallaway Enterprises conducted three habitat assessments and botanical surveys in the BSA to evaluate site conditions and potential Project impacts to wildlife and botanical species. Other primary references consulted included United States Fish and Wildlife Service (USFWS) Critical Habitat Portal, and regional species lists compiled by USFWS Sacramento Office, California Department of Fish and Wildlife’s (CDFW) Natural Diversity Database (CNDDB), and the California Native Plant Society’s (CNPS). The results of the BRA are the findings of special-status species with potential to occur in the BSA, and/or special-status species that could be impacted outside of the BSA by Project actions. Recommendations to avoid or minimize impacts, and mitigation measures for special-status species and their habitats are provided. Project Location and Environmental Setting The proposed Project is located south of the City of Oroville, Butte County, California, in the “Palermo” USGS Quadrangle, Section 1, T 18N R 3E. Rural residential housing occurs north and south of the project boundary. West of the project site is Power House Hill Road and grassland. East of the project site is grassland. Within the site, the vegetation community is comprised of annual grassland. Several small vernal pools and swales occur on the property along with seasonal swales and drainages. The topography of the site is relatively flat with a slight slope to the south and mima mound topography occurring in the southern half. The project site sits at an average of 150 feet in elevation. E 0 0.5 1 Miles Data Sources: Butte County 1:100,000 Map Date: 08/15/14 Power House Hill Road SiteRegional LocationFigure 1 Project Site Siskiyou Lassen Modoc ShastaTrinity Tehama Plumas ButteMendocino Lake Placer Glenn Yolo El Dorado Colusa Sierra Sonoma Humboldt NevadaYuba Sutter Napa Alpine Del Norte Sacramento Map ExtentOroville E 0 500 1,000 Feet Data Sources: USDA, Shasta County 1:24,000 Map Date: 08/15/14 Power House Hill Road SiteProject Location Figure 2 Project Site E 0 100 200 Feet Data Sources: ESRI, Butte County 1:3,500 GE # 14-075 Map Date: 02/06/15 Power House Hill Road ProjectBiological Survey Area Figure 3 Biological Survey Area Po w e r H o u s e H i l l R d . Swan Ln . 5 Biological Resource Assessment Power House Hill Road Project Project Description The Project involves dividing the property into five (5) lots and constructing a road along the southern Project boundary. The results of this BRA will be used to identify any sensitive habitats or species that may be present on the site so that these resources can be avoided or mitigated to the extent possible. Biological Survey Area The BSA is the area in which construction, staging and access associated with the proposed project will occur, and where the focus of biological surveys is conducted. The BSA is confined to the 29 acre project boundary. Habitats within the BSA consist of annual grasslands, vernal pools, and seasonal and vernal swales, and ephemeral drainages. METHODS References Consulted Gallaway Enterprises obtained lists of special-status species that potentially occur in the vicinity of the BSA. The CNDDB Geographic Information System (GIS) database was also consulted and showed special- status species within a five (5) mile radius of the BSA (Figure 4). Other primary sources of information regarding the occurrence of federally listed threatened, endangered, purposed and candidate species, and their habitats within the BSA used in the preparation of this BRA are:  Species lists obtained from the USFWS for the 7.5 minute U.S Geological Survey (USGS) Palermo (560A) quadrangle (Appendix A);  The results of a species record search of the California Department of Fish and Wildlife (CDFW) Natural Diversity Database (CNDDB), RareFind 5 2015, for the 7.5 minute USGS Palermo (3912145), Bangor (3912144), Biggs (3912146), Shippee (3912156), Oroville (3912155), Oroville Dam (3912154), Gridley (3912136), Honcut (3912135), and Loma Rica (3912134) quadrangle (Appendix A);  The review of the California Native Plant Societies (CNPS) Inventory of Rare and Endangered Vascular Plants of California for the 7.5 minute USGS Palermo (39121D5), Oroville (3912155), Palermo (3912145), Bangor (3912144), Biggs (3912146), Shippee (3912156), Oroville Dam (3912154), Honcut (3912135), and Loma Rica (3912134) quadrangle (Appendix A), and; Special-Status Species Special-status species are those that fall into one of the following categories: • Listed as threatened or endangered, or are proposed or candidates for listing under the California Endangered Species Act (CESA, 14 California Code of Regulations 670.5) or the Federal Endangered Species Act (ESA, 50 Code of Federal Regulations 17.12); silver-haired bat Northern Hardpan Vernal Pool steelhead - Central Valley DPS western mastiff bat Ahart's dwarf rush western spadefoot Townsend's big-eared bat recurved larkspur California black rail vernal pool fairy shrimp chinook salmon - Central Valley spring-run ESU bank swallow California linderiella Great Valley Cottonwood Riparian Forest valley elderberry longhorn beetle vernal pool tadpole shrimp Swainson's hawk tricolored blackbird burrowing owl giant garter snake western pond turtle Sanford's arrowhead slender Orcutt grass Project Site E 0 1 2 Miles Data Sources: ESRI, Butte County, CNDDB 1:90,000 GE # 14-075 Map Date: 02/06/15 Power House Hill Road ProjectCNDDB Occurrences Figure 4 5 Mile Buffer CNDDB Occurrences Plant Animal Terrestrial Comm. Multiple Comm. 7 Biological Resource Assessment Power House Hill Road Project • Listed as a Species of Special Concern (SSC) by CDFW or protected under the California Fish and Game Code (i.e Fully Protected Species); • Ranked by the California Native Plant Society (CNPS) as 1A, 1B, or 2; • Protected under the Migratory Bird Treaty Act (MBTA); • Protected under the Bald and Golden Eagle Protection Act; or • Species that are otherwise protected under policies or ordinances at the local Special-status Species of Interest Due to unsuitable habitat or lack of observations in the area, not all special-status species listed under the federal and state species lists have potential to occur within the BSA. Prior to conducting biological and botanical surveys within the BSA, a desktop evaluation was conducted using aerial photography and CNDDB GIS maps to determine special-status species with greater potential to occur on the site based on habitat elements and nearby CNDDB occurrence records. These species are considered special-status species of interest and are the focus of preliminary biological and botanical surveys conducted. Biological and Botanical Surveys Field surveys were conducted by Gallaway Enterprises Senior Biologist, Jody Gallaway, Senior Botanist, Elena Gregg, and Biologist, Melissa Murphy. Three habitat assessments and botanical surveys were conducted to determine the presence of special-status species and their habitats within the BSA and to determine if potential impacts would occur to these resources by the proposed Project activities. Habitat Assessment Three habitat assessments of the BSA were conducted on July 24 and August 14, 2014, and February 5, 2015. The purpose of the habitat assessments was to determine the presence of special-status species and their habitats within the BSA, and to determine if potential impacts would occur to these resources by the proposed Project activities. Specific special status species of interest included Swainson’s hawk (Buteo swansoni), burrowing owl (Athene cunicularia), vernal pool fairy shrimp (Branchinecta lynchi), , vernal pool tadpole shrimp (Lepidurus packardi), western spadefoot (Spea hammondii), other CDFW Species of Special Concern (SSC), raptors, and CDFW fully protected species. The habitat assessment was conducted by walking the entire BSA. Potential habitat when identified for target species was evaluated based on vegetation composition and structure, physical features (e.g. soils, elevation), micro-climate, surrounding area, presence of predatory species and available resources (e.g. prey items, nesting substrates). Botanical Survey Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015. The purpose of the botanical survey was to determine the presence of special-status species, as well as, suitable habitat elements for species that were not blooming during the time of the survey. The survey 8 Biological Resource Assessment Power House Hill Road Project was conducted by walking in all areas of the BSA and taking inventory of observed botanical species and habitat elements. Specific special status included, slender Orcutt grass (Orcuttia tenuis), Red Bluff dwarf rush (Juncus leiospermus var. leiospermus), Ahart’s dwarf rush (Juncus leiospermus var. ahartii), and Butte County golden clover (Trifolium jokerstii). Critical Habitat The ESA requires that critical habitat be designated for all species listed under the ESA. Critical habitat is designated for areas that provide essential habitat elements that enable a species survival and which are occupied by the species during the species listing under the ESA. Areas outside of the species range of occupancy during the time of its listing can also be determined as critical habitat if the agency decides that the area is essential to the conservation of the species. There are no critical habitat designations within or adjacent to the Project. Waters of the United States A field delineation of waters of the United States was conducted within the Project site on July 24 and August 14, 2014. Waters of the United States occur on the Project site. A draft delineation will be submitted to the U.S. Army Corps of Engineers (COE) for verification (Figure 5). The draft delineation identified 0.114 acres of potentially jurisdictional Waters of the United States. RESULTS Terrestrial Habitat Annual Grassland This habitat type is characterized as an open area composed primarily of annual grassland species. Annual grassland habitats and species composition depend largely on annual precipitation, fire regimes and grazing practices (Mayer and Laudenslayer 1988). Annual grassland is the dominant habitat type within the BSA. The annual grassland community observable on the site during the survey date was composed of a herbaceous layer dominated generally by medusahead grass (Elymus caput-medusae), Mediterranean barley (Hordeum marinum ssp. gussoneanum), wild oats (Avena barbata), and greater quaking grass (Briza maxima). Soils within the site are composed of clay loams and gravelly clay loams. Wildlife species use grassland habitat for foraging but require some other habitat characteristic such as rocky out crops, cliffs, caves or ponds in order to find shelter and cover for escapement. Common species that are found breeding in this habitat include a variety of ground nesting avian species and small mammals. Physical features associated with annual grasslands include Entisol and Alfisol soils with varying annual precipitation levels depending on locality (Mayer and Laudenslayer 1988). &&D WF 0 3 WF 0 1 WF07 WF08 WF 0 4 WF 0 6 WF 0 2 WF 0 9 WF 0 5 U0 3 U0 2 U0 9 U0 6 U05 U0 8 U0 4 U07 U0 2 W0 1 W0 9 W0 6 W05 W0 8 W0 4 W07 W0 3 W0 2 OW03OW01OW02 P o w e r H o u s e H i l l R o a d Po w e r H o u s e H i l l R o a d S i t e Dr a f t W e t l a n d D e l i n e a t i o n Fig u r e 5 E 0 1 0 0 2 0 0 F e e t 1: 2 , 4 0 0 Da t a S o u r c e s : E S R I ( @ 2 0 1 2 ) , U S G S ( d e r i v e d c o n t o u r s ) , B u t t e C o u n t y P a r c e l s Map Date: 08/14/14Project Boundary - 29 Acres D Feature Transition &Flow Arrows 5' Contours Data Points !(Upland - U#!(Wetland - W#Other Waters of the U.S. - OW#Other Waters Wetland Features - WF#Seasonal Swale Vernal Pool Vernal Swale 39 ° 2 6 ' 1 4 . 5 " N 12 1 ° 3 5 ' 3 6 . 2 " N Th e f e a t u r e p r e s e n t e d s h o u l d b e co n s i d e r e d p r e l i m i n a r y u n t i l w r i t t e n ve r i f i c a t i o n f r o m t h e U S A C E . 39° 26' 22.2" N 121° 35' 9.6" N De l i n e a t o r : J o d y G a l l a w a y & M e l i s s a M u r p h y Ma p : A n n a N o e l & K e v i n S e v i e r Fe a t u r e T y p e L a b e l D e s i g n a t i o n W i d t h ( f t ) L e n g t h ( f t ) A r e a ( s q f t ) A c r e s Ot h e r W a t e r s o f t h e U . S . OW 0 1 NR P W 2 2 3 7 . 8 47 5 . 6 0 . 0 1 1 Ot h e r W a t e r s o f t h e U . S . OW 0 2 NR P W 2 1 6 6 . 5 33 2 . 9 0 . 0 0 8 Ot h e r W a t e r s o f t h e U . S . OW 0 3 NR P W 3 2 6 1 . 2 78 3 . 6 0 . 0 1 8 66 5 . 5 1 , 5 9 2 . 1 0 . 0 3 7 Fe a t u r e T y p e L a b e l D e s i g n a t i o n W i d t h ( f t ) L e n g t h ( f t ) A r e a ( s q f t ) A c r e s Ve r n a l P o o l W F 0 1 Ad j a c e n t n / a n / a 92 9 . 6 0 . 0 2 1 Ve r n a l P o o l W F 0 2 Ad j a c e n t n / a n / a 14 4 . 4 0 . 0 0 3 Ve r n a l P o o l W F 0 3 Ad j a c e n t n / a n / a 11 7 8 . 8 0 . 0 2 7 Ve r n a l S w a l e W F 0 4 Ad j a c e n t n / a n / a 15 6 . 5 0 . 0 0 4 Se a s o n a l S w a l e W F 0 5 Ab u t t i n g n / a n / a 74 . 1 0 . 0 0 2 Ve r n a l S w a l e W F 0 6 Ad j a c e n t n / a n / a 14 7 . 0 0 . 0 0 3 Ve r n a l S w a l e W F 0 7 Ad j a c e n t n / a n / a 40 4 . 1 0 . 0 0 9 Ve r n a l S w a l e W F 0 8 Ad j a c e n t n / a n / a 21 3 . 0 0 . 0 0 5 Ve r n a l S w a l e W F 0 9 Ad j a c e n t n / a n / a 11 2 . 8 0 . 0 0 3 n/ a 74 . 1 0 . 0 0 2 n/ a 2, 2 5 2 . 8 0 . 0 5 2 n/ a 1, 0 3 3 . 4 0 . 0 2 4 n/ a 3, 3 6 0 . 4 0 . 0 7 7 66 5 . 5 4 , 9 5 2 . 5 0 . 1 1 4 Se a s o n a l S w a l e T o t a l s = We t l a n d F e a t u r e s Ot h e r W a t e r s o f t h e U . S . Ot h e r W a t e r T o t a l s = Ot h e r W a t e r a n d W e t l a n d F e a t u r e s T o t a l s = Ve r n a l P o o l T o t a l s = We t l a n d F e a t u r e T o t a l s = Ve r n a l S w a l e T o t a l s = In s e t S c a l e = 1 : 2 0 0 10 Biological Resource Assessment Power House Hill Road Project Aquatic Habitat Palustrine Vernal Pools Vernal pools are seasonal depressional wetlands that occur under the Mediterranean climate conditions of the West Coast. Vernal pools are depressional features that are formed where a shallow hardpan forms and prevents water from draining down though the soil. They are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall (EPA 2014). There are three small vernal pools on the Project site. Vernal pools provide habitat to rare species such as vernal pool tadpole shrimp, vernal pool fairy shrimp, western spadefoot, and various rare botanical species that specialize in vernal pool environments. Seasonal and Vernal Swales There is one small seasonal swale and five vernal swales in the Project site. Seasonal and vernal swales are low drainage pathways that typically connect to vernal pools or seasonal wetlands, creating a complex. Seasonal features tend to stay inundated for longer duration or contain heavier flows of water than vernal features. The ecological significance of seasonal and vernal swales is determined by the timing and duration of standing water, size of the features they connect and the surrounding area. Vernal swales provide habitat for several rare botanical species. Riverine Ephemeral Drainages There are three (3) ephemeral drainages located in the eastern portion of the site. These drainages collect local runoff from within the site and sheetflow from parcel to the east. The drainages flow south to the southern boundary where they leave the BSA. The drainages flow through a grassland they have no associated riparian canopy. Ephemeral drainages do not convey water year round. They dry up seasonally and play an important role of conveying and filtering seasonal runoff into larger perennial riverine systems. Special-Status Species The following special-status species of interest were identified under the USFWS, Sacramento Office, species list, CNDDB, and the CNPS list of rare and endangered plants as having potential to occur within the vicinity of the BSA and/or have suitable habitat and/or recorded observations within or within close proximity of the BSA. Endangered, Threatened and Rare Plants Three botanical surveys were conducted on July 24 and August 14, 2014, and February 5, 2015, within the entire BSA. Special-status species of interest with suitable habitat within the BSA include Red Bluff dwarf rush, Ahart’s dwarf rush, and Butte County golden clover. 11 Biological Resource Assessment Power House Hill Road Project There are CNDDB occurrences of slender Orcutt grass less than 0.5 miles from the Project site; however the shallow vernal pools within the BSA do not provide suitable habitat. In addition to a lack of suitable habitat, a botanical survey was conducted during the blooming period of slender Orcutt grass (May – October) and there were no observations during the survey. Based on the absence of suitable habitat and observations during the protocol-level survey, slender Orcutt grass will not be discussed further in the BRA. Ahart’s dwarf rush Ahart’s dwarf rush is ranked by the CNPS as a 1B.2 plant species. It is an annual monocot that is endemic to California and blooms from March through May. Ahart’s dwarf rush is found in vernal pools (CNPS 2015). Butte County golden clover Butte County golden clover is ranked by the CNPS as a 1B.2 plant species. It is an annual dicot that is endemic to California and blooms from March through May. Butte County golden clover is found in valley and foothill grassland vernal pools (CNPS 2015). Red Bluff dwarf rush Red Bluff dwarf rush is ranked by the CNPS as a 1B.1 plant species. It is an annual monocot that is endemic to California and blooms from March through May. Red Bluff dwarf rush is found in vernal pools (CNPS 2015). CNDDB Occurrences Ahart’s dwarf rush The closest Ahart’s dwarf rush CNDDB occurrence is approximately 700 feet west of the BSA. The occurrence is located within a vernal complex on the west side of Power House Hill Road. This occurrence is from a 2007/2008 rare plant survey when thousands of Ahart’s dwarf rush plants were observed (CNDDB 2015). Butte County golden clover The closest Butte County golden clover CNDDB occurrence is approximately 7 miles north of the BSA. The occurrence is located on the south side of Table Mountain and was observed in 2005 (CNDDB 2015). Red Bluff dwarf rush The closest Red Bluff dwarf rush CNDDB occurrence is approximately 9 miles north of the BSA. The occurrence is located north of the Thermalito Afterbay and was observed in 2002 (CNDDB 2015). Status of Special-Status Botanical Species occurring in the BSA The BSA contains vernal pools and swales suitable for Red Bluff dwarf rush, Ahart’s dwarf rush, and Butte County golden clover as determined by the botanical surveys. The botanical surveys were conducted outside of the blooming period for Red Bluff dwarf rush, Ahart’s dwarf rush, and Butte County golden clover; therefore, species could not be positively identified or confirmed absent. There 12 Biological Resource Assessment Power House Hill Road Project are recorded CNDDB occurrences of Ahart’s dwarf rush immediately west of Power House Hill Road which forms the western boundary of the Project. Based on the presence of suitable habitat within the BSA and CNDDB occurrences of Ahart’s dwarf rush within the vicinity of the Project, there is high potential for Ahart’s dwarf rush. Suitable habitat provides for moderate potential for Red Bluff dwarf rush and Butte County golden clover to occur within the BSA. Endangered, Threatened and Special Status Wildlife Three habitat evaluations were conducted on July 24 and August 14, 2014, and February 5, 2015. Special-status species with potential habitat within the BSA include vernal pool fairy shrimp, vernal pool tadpole shrimp, western spadefoot, burrowing owl, and Swainson’s hawk. There are CNDDB occurrences of vernal pool tadpole shrimp less than 0.5 miles from the Project site; however the shallow vernal pools onsite do not provide suitable habitat for this species. Based on a lack of suitable habitat, vernal pool tadpole shrimp will not be discussed further in the BRA. Vernal Pool Crustaceans Vernal Pool Fairy Shrimp Vernal pool fairy shrimp are federally listed as threatened and are widespread but not abundant. Known populations occur in California to southern Oregon. The geographic range of this species encompasses most of the Central Valley from Shasta County to Tulare County and the central coast range from northern Solano County to Santa Barbra County, California. Additional disjunctive occurrences have been identified in western Riverside County, California, and in Jackson County, Oregon, near the city of Medford. The vernal pool fairy shrimp occupies a variety of different vernal pool habitats, from small, clear, sandstone rock pools to large, turbid, alkaline, grassland valley floor pools. Occupied habitats range in size from rock outcrops pools as small as one square meter to large vernal pools up to 12 acres. Smaller vernal pools are the most commonly occupied and are found more frequently in grass or mud bottomed swales, or basalt flow depression pools in unplowed grasslands. They rely on the topography and interconnecting vernal features to disperse to different areas. Vernal pool fairy shrimp have been collected from early December to early May (USFWS 2005). Reptiles and Amphibians Western Spadefoot Western spadefoots, which are a state species of concern, breed from January to May in temporary pools where water temperatures must be between 48° F and 86° F. Typical of toads; they forage on a variety of insects, worms, and other invertebrates, including grasshoppers, true bugs, moths, ground beetles, predaceous diving beetles, ladybird beetles, click beetles, flies, ants and earthworms. Eggs are deposited on plant stems or pieces of detritus in temporary rain pools, or sometimes pools in ephemeral stream courses. Eggs hatch in 0.6-6 days depending on temperature. Larval development can be completed in 3 to 11 weeks and must be completed before pools dry. Age at sexual maturity is unknown, but considering the relatively long period of subterranean dormancy (8 to 9 months), individuals may require at least two years to mature. Historically, the western spadefoot ranged from Redding to northwestern Baja California throughout the Central Valley, Coast Ranges and coastal 13 Biological Resource Assessment Power House Hill Road Project lowlands. The species is found mostly below 3000 feet, but can occur up to 4500 feet. The average elevation of sites where the species still occurs is significantly higher than the average elevation for historical sites, suggesting that declines have been more pronounced in lowlands. Birds Swainson’s Hawk Swainson’s hawk is a state threatened species. Swainson's hawks are neo-tropical migrants that winter in Mexico and South America and return to California in March to breed and rear young. Historically they inhabited open grasslands throughout most of lowland California. A variety of habitat changes, including the conversion of native grasslands to agricultural, urban, and industrial development have caused the Swainson's hawk population to decline by more than 90% from levels at the time of European settlement. Swainson's hawks typically nest in large, mature trees such as valley oak, cottonwood, and black walnut typically located within the riparian areas along the Sacramento River, and they forage in open grasslands, agricultural fields, and pastures. Egg incubation and juvenile rearing occurs during the spring and summer before juveniles fledge. Alfalfa, row crops, grain fields, and irrigated pastures are the Swainson's hawk's preferred foraging habitats, where they take advantage of the opportunities that harvesting and irrigating practices provide for the easy capture of small rodents. They do not typically forage in vineyards, orchards, or flooded rice fields (CDFG 1993). Western Burrowing Owl The western burrowing owl is listed as a state species of special concern. Burrowing owls inhabit dry, open grasslands. Nests are usually in small burrows that have been constructed and abandoned by small mammals such as ground squirrels or badgers. The breeding season for burrowing owls is from late March through May. They perch on top of the burrows and other low structures to forge and watch for other predators. Their diet consists of insects, small reptiles or amphibians and small mammals. CNDDB Occurrences Vernal Pool Crustaceans Vernal Pool Fairy Shrimp The closest vernal pool fairy shrimp CNDDB occurrence is located approximately 750 feet southwest of the BSA. This occurrence is located within a vernal complex on the west side of Power House Hill Road. This occurrence is from 2007/2008 wet season protocol-level surveys for listed vernal pool branchipods (CNDDB 2015, Gallaway 2008). Reptiles and Amphibians Western spadefoot The closest western spadefoot CNDDB occurrence is located 4.5 miles southeast of the BSA. This occurrence is from 1956. California Species of Special Concern, i.e. western spadefoot, are often poorly documented; a lack of CNDDB occurrences does not mean a species does not occur in an area. The BSA is within the known range of the western spadefoot and contains marginal breeding habitat (CNDDB 2015). 14 Biological Resource Assessment Power House Hill Road Project Birds Swainson’s Hawk The closest active (i.e. used during one or more of the last five (5) years) Swainson’s hawk nest is 2 miles southwest of the BSA. The nest is located along the Feather River on the Oroville Wildlife Area. The nest was used in 2002, 2003, 2005, 2006, 2011, and 2012 with young observed every year (CNDDB 2015). Western Burrowing Owl The closest burrowing owl CNDDB occurrence is 4.7 miles northwest of the BSA. The 2006 occurrence is located on the Oroville Wildlife Area where one active burrow and one adult were observed (CNDDB 2015). Status of Special Status Species Occurring in the BSA Vernal Pool Crustaceans There are suitable vernal pools and swales within the BSA for vernal pool fairy shrimp as determined by the habitat evaluation. There are recorded CNDDB occurrences of vernal pool fairy shrimp within a 0.5 mile of the Project site. Based on the presence of suitable habitat within the BSA and CNDDB occurrences within the vicinity of the Project, there is high potential for vernal pool fairy shrimp to occur within the BSA. Reptiles and Amphibians The aquatic habitat within the BSA provides marginal breeding habitat for western spadefoots; therefore there is moderate potential for western spadefoots to occur within the BSA. Birds Swainson’s Hawk The annual grassland in the BSA provides suitable foraging habitat. The presence of an active Swainson’s hawk nest within 5 miles of the BSA increases the probability of this species foraging within the BSA. In addition to foraging habitat, there is suitable nesting habitat located within 500 feet of the BSA. Mature eucalyptus trees, located on an adjacent property to the north, line the northern boundary of the BSA and provide suitable nesting habitat for Swainson’s hawk. Due to the presence of foraging habitat within the BSA, and adjacent nesting habitat there is high potential for Swainson’s hawks to occur within the BSA. Burrowing Owl The annual grassland within the BSA provides suitable foraging habitat for burrowing owls. Several ground squirrel burrows were observed during the habitat assessments; however no burrowing owls or indicators of the species (i.e. pellets, feathers, tracks around burrow entrances) were observed. Due to the suitable foraging habitat and potential nesting habitat there is a moderate potential for burrowing owls to occur with the BSA. Other Special-Status Species No federal or state endangered, threatened, sensitive, or protected wildlife or plant species have known recorded observations within the BSA. Although, several special-status species are known to occur 15 Biological Resource Assessment Power House Hill Road Project within a five (5) mile radius of the BSA, none occur within or have potential to occur within the BSA, unless specifically stated above, due to unsuitable habitat conditions within the BSA. A summary of special-status species within the Palermo USGS 7.5 minute quadrangle, and their potential to occur within the BSA is described in Table 1. 16 Biological Resource Assessment Power House Hill Road Project Table 1. Special-status species and their potential to occur in the BSA. Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence SENSITIVE NATURAL COMMUNITIES Northern Hardpan Vernal Pool _/SNC/_ Hardpan soils that create seasonal flooded depressions and when dry have colorful annual herbs and grasses circling them. Known. The Project is within CNDDB occurrence 11 of Northern Hardpan Vernal Pool habitat. PLANTS Adobe lily (Fritillaria pluriflora) _/_/1B.2 Rocky areas, along roadsides, cismontane woodlands and lower montane coniferous forests. (BP: February - April) None. The soils onsite are not suitable to support adobe lily. Ahart's dwarf rush (Juncus leiospermus var. ahartii) _/_/1B.2 Valley/foothill grasslands. (BP: March - May) High. The vernal pools onsite provide suitable habitat and there are known occurrences 700 feet west of the BSA. Ahart's paronychia (Paronychia ahartii) _/_/1B.1 Cismontane woodland, valley/foothill grasslands, and vernal pools. (BP: April - July) None. The BSA lacks the suitable habitat requirements such as rocky soils and bare soils. Big-scale balsamroot (Balsamorhiza macrolepis) _/_/1B.2 Chaparral, cismontane woodland and valley/foothill grasslands, sometimes serpentinite. (BP: March - June) None. There is no suitable habitat within the BSA. Butte County golden clover (Trifolium jokerstii) _/_/1B.2 Valley/foothill grasslands and vernal pools. (BP: March - May) Moderate. The vernal pools within the BSA provide suitable habitat. 17 Biological Resource Assessment Power House Hill Road Project Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence PLANTS Continued Butte County meadowfoam (Limnanthes floccosa ssp. californica) FE/_/1B.1 Valley/foothill grasslands and vernal pools. (BP: March - May) None. The soils within the BSA do not provide suitable habitat. Red Bluff dwarf rush (Juncus leiospermus var. leiospermus) _/_/1B.2 Cismontane woodlands, meadows and seeps, valley and foothill grasslands, vernal pools (BP: March-June) Moderate. There is suitable habitat within the BSA and CNDDB occurrences in the vicinity of the Project. Ferris' milk-vetch (Astragalus tener var. ferrisiae) _/_/1B.1 Meadows and seeps (vernally mesic), and valley and foothill grassland (subalkaline flats). (BP: April - May) None. There are no alkaline or serpentine soils within the BSA to provide habitat. Greene's tuctoria (Tuctoria greenei) _/_/1B.1 Vernal pools. (BP: May- September) None. The vernal pools within the BSA are too shallow to be suitable habitat. Mosquin's clarkia (Clarkia mosquinii) _/_/1B.1 Rocky roadsides, cismontane woodlands, and lower montane coniferous forests (BP: May - June) None. There is no suitable habitat within the BSA. Pink creamsacs (Castilleja rubicundula ssp. rubicundula) _/_/1B.2 Chaparral, cismontane woodland, meadows and seeps and valley/foothill grasslands (serpentine). (BP: April -June) None. There is no suitable habitat within the BSA. Recurved larkspur (Delphinium recurvatum) _/_/1B.2 Alkaline soils, chenopod scrub, cismontane woodlands, and valley/foothill grasslands. (BP: March - June) None. The BSA does not contain alkaline soils, therefore there is no suitable habitat. 18 Biological Resource Assessment Power House Hill Road Project Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence PLANTS Continued Sanford's arrowhead (Sagittaria sanfordii) _/_/1B.2 Marshes, swamps and wetlands. (BP: May - October) None. There is no suitable habitat within the BSA and no observations during the botanical surveys. Slender Orcutt grass (Orcuttia tenuis) FT/SE/1B.1 Vernal pools, typically deep (BP: May - October) None. The vernal pools within the BSA are sub- marginal habitat and there were no observations during the botanical survey. Woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis) _/_/1B.2 Freshwater, marshes and swamps. (BP: June -September) None. There is no suitable habitat within the BSA and no observations during the botanical surveys. INVERTEBRATES Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) FT/_/_ Blue elderberry shrubs usually associated with riparian areas. None. There are no elderberry shrubs within or adjacent to the BSA. Vernal pool fairy shrimp (Branchinecta lynchi) FT/_/_ Moderately turbid, deep, cool-water vernal pool. High. There is suitable habitat within the BSA and CNDDB occurrences 750 feet southwest of the Project. Vernal pool tadpole shrimp (Lepidurus packardi) FE/_/_ Vernal pools, swales, and ephemeral freshwater habitat. None. The vernal pools within the site are shallow and are not suitable habitat. 19 Biological Resource Assessment Power House Hill Road Project Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence BIRDS California black rail (Laterallus jamaicensis cotumiculus) MBTA/ST/_ Salt or freshwater marshes, wetlands, and swamplands where the ground is moist but not entirely submerged. None. There is no suitable habitat within or adjacent to the BSA. Swainson's hawk (Buteo swainsoni) _/ST/_ Open grasslands, shrublands and agricultural fields, often near riparian forests. High. There is suitable foraging habitat within the BSA and adjacent nesting habitat on the parcel to the north. Tri-colored black bird (Agelaius tricolor) MBTA/SSC/_ Fresh emergent wetlands, blackberry brambles, agricultural fields and grasslands None. There is no suitable habitat within or adjacent to the BSA. Western burrowing owl (Atene cunicularia) MBTA/SSC/_ Open, dry annual or perennial grasslands, deserts and scrublands characterized by low growing vegetation. Moderate. There is suitable foraging habitat and potential nesting habitat within the BSA. Western yellow-billed cuckoo (Coccyzus americanus occidentalis) FC/SE/_ Open woodlands, riparian areas, orchards and moist, overgrown thickets. None. There is no suitable habitat within the BSA. White-tailed Kite (Elanus leucurus) /FP/ Uses herbaceous lowlands with variable tree growth and dense population of voles. Substantial groves of dense, broad-leafed deciduous trees used for nesting and roosting. Low. Grasslands within the BSA provide suitable foraging habitat, however there is no nesting habitat within the BSA. 20 Biological Resource Assessment Power House Hill Road Project Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence AMPHIBIANS and REPTILES California red-legged frog (Rana draytonii) FT/SSC/_ Quiet pools of streams, marshes and occasionally ponds. (sea level - 4,500 ft elevation) None. There are no streams or ponds within the BSA. Giant garter snake (Thamnophis gigas) FT/ST/_ Agricultural wetlands and other wetlands such as irrigation and drainage canals, low gradient streams, marshes ponds, sloughs, small lakes, and their associated uplands. (sea level - 400 ft elevation) None. No suitable habitat present - drainages within the BSA do not hold water for long enough durations, contain no associated vegetated cover, and are not hydrologically connected to known occurrences. Western pond turtle (Emys marmorata) _/SSC/_ Artificial ponds, pond margins vegetated by heavy riparian and shrub growth. None. There are no ponds within the BSA. Western spadefoot (Spea hammondii) _/SSC/_ Vernal pools and other wetlands in grasslands and woodlands without aquatic predators for breeding. Moderate. There are vernal pools within the BSA. MAMMALS Silver-haired bat (Lasionycteris noctivagans) _/S3S4/_ Coniferous and mixed deciduous forest as well as riparian areas. None. No suitable habitat within the BSA. Townsend's big-eared bats (Corynorhinus townsendii) _/SSC/_ Coniferous forests and woodlands, deciduous riparian woodland, semi- desert and montane shrublands. None. No suitable habitat within the BSA. 21 Biological Resource Assessment Power House Hill Road Project Common Name (Scientific Name) Status Fed/State/CNPS Associated Habitats Potential for Occurrence MAMMALS Continued Western mastiff bat (Eumops perotis californicus) _/SSC/_ Common species of low elevations in California. Crevices in steep cliff faces or in the roof eaves of buildings of two or more stories (need vertical faces to take flight) None. No suitable habitat within the BSA. FISH There are no water features within the BSA that contain federal or state listed fish species and there will be no impacts to listed fish species. CODE DESIGNATIONS FE = Federally-listed Endangered FT = Federally-listed Threatened FC = Federal Candidate Species 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 SNC = CDFW Sensitive Natural Community CRPR 1B = Rare or Endangered in California or elsewhere CRPR 2 = Rare or Endangered in California, more common elsewhere CRPR 3 = More information is needed CRPR 4 = Plants with limited distribution 0.1 =Seriously Threatened 0.2 = Fairly Threatened 0.3 = Not very Threatened Potential for Occurrence: for plants it is considered the potential to occur during the survey period; for birds and bats it is considered the potential to breed, forage, roost, over-winter, or stop-over in the BSA during migration. Any bird or bat species could fly over the BSA, but this is not considered a potential occurrence. The categories for the potential for occurrence include: None: The species or natural community is known not to occur, and has no potential to occur in the BSA based on sufficient surveys, the lack suitable habitat, and/or the BSA is well outside of the known distribution of the species. Low: Potential habitat in the BSA is sub-marginal and/or the species is known to occur in the vicinity of the BSA. Moderate: Suitable habitat is present in the BSA and/or the species is known to occur in the vicinity of the BSA. Pre-construction surveys may be required. High: Habitat in the BSA is highly suitable for the species and there are reliable records close to the BSA, but the species was not observed. Pre-construction surveys required. Known: Species was detected in the BSA or a recent reliable record exists for the BSA. 22 Biological Resource Assessment Power House Hill Road Project REGULATORY FRAMEWORK The following describes federal, state, and local environmental laws and policies that are relevant to the CEQA review process. Federal Waters of the United States, Clean Water Act, Section 404 The US Army Corps of Engineers (COE) 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 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). The COE may issue either individual permits on a case-by-case basis or general permits on a program level. General permits are pre-authorized and are issued to cover similar activities that are expected to cause only minimal adverse environmental effects. Nationwide permits are general permits issued to cover particular fill activities. All nationwide permits have general conditions that must be met for the permits to apply to a particular Project, as well as specific conditions that apply to each nationwide permit. 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 Other Waters of the United States. 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 (§402). 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 evaluates an NPDES permit application to determine whether the proposed discharge is consistent with the adopted water quality objectives of the basin plan. 23 Biological Resource Assessment Power House Hill Road Project 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. Under the ESA, species may be listed as either “endangered” or “threatened.” Endangered means a species is in danger of extinction throughout all or a significant portion of its range. Threatened means a species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. All species of plants and animals, except non-native species and pest insects, are eligible for listing as endangered or threatened. The USFWS also maintains a list of “candidate” species. Candidate species are species for which there is enough information to warrant proposing them for listing, but that have not yet been proposed. “Proposed” species are those that have been proposed for listing, but have not yet been listed. 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. Thus, vegetation removal and ground disturbance in areas with breeding birds should be conducted outside of the breeding season (approximately March 1 through August 31 in the Central Valley). If vegetation removal or ground disturbance activities are conducted during the breeding season, then a qualified biologist must determine if there are any nests of bird species protected under the MBTA present in the construction area prior to commencement of construction. If active nests are located or presumed present, then appropriate avoidance measures (e.g. spatial or temporal buffers) must be implemented. State of California California Endangered Species Act The California Endangered Species Act (CESA) is similar to the 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 California Environmental Quality Act (CEQA). The purpose is to 24 Biological Resource Assessment Power House Hill Road Project 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 Game Code (§3503.5) 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”. Lake and Streambed Alteration Agreement, CFGC (§1602) The CDFW is a trustee agency that has jurisdiction under the CFGC (§1600 et seq.). The California Fish and Game Code (§1602), requires that a state or local government agency, public utility, or private entity must notify CDFW if a proposed Project will “substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by the department, or use any material from the streambeds… except when the department has been notified pursuant to Section 1601”. If an existing fish or wildlife resource may be substantially adversely affected by the activity, CDFW may propose reasonable measures that will allow protection of those resources. If these measures are agreeable to the parties involved, they may enter into an agreement with CDFW identifying the approved activities and associated mitigation measures. Rare and Endangered Plants The California Native Plant Society (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 California Rare Plant Rank (CRPR) plants receive consideration under CEQA review. The CNPS CRPR categorizes plants as follows:  Rank 1A: Plants presumed extinct in California;  Rank 1B: Plants rare, threatened, or endangered in California or elsewhere;  Rank 2A: Plants presumed extirpated or extinct in California, but not elsewhere;  Rank 2B: Plants rare, threatened, or endangered in California, but more numerous elsewhere;  Rank 3: Plants about which we need more information; and 25 Biological Resource Assessment Power House Hill Road Project  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 game Code §1913 exempts from the ‘take’ prohibition “the removal of endangered or rare native plants from a canal, lateral channel, 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. Thus, CEQA provides an agency with the ability to protect a species from a Project’s potential impacts until the respective government agencies have an opportunity to designate the species as protected, if warranted. CONCLUSIONS AND RECOMMENDATION Endangered, Threatened and Rare Plants Red Bluff Dwarf Rush, Butte County Golden Clover, and Ahart’s Dwarf Rush It is recommended that pre-construction surveys be conducted during the appropriate survey window (i.e blooming period) for Red Bluff dwarf rush, Butte County golden clover, and Ahart’s dwarf rush to determine presence or absence within the BSA. The following are recommended survey methods. • Focused surveys are to be conducted in suitable habitat areas for Red Bluff dwarf rush, Butte County golden clover and Ahart’s dwarf rush by a qualified botanist. Observations at reference sites where these special-status botanical species are known to occur may be necessary to determine the flowering status of the species before conducting rare plant surveys. • Surveys will be conducted following the California Natural Resource Agency, CDFG 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities guidelines. • If additional special-status botanical species are observed within the BSA then their locations should be marked using a GPS device or map. A report should be written following the 26 Biological Resource Assessment Power House Hill Road Project California Natural Resource Agency, CDFG 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities guidelines and submitted to the City and CDFW. If special-status botanical species are observed within the BSA, then mitigation measures that are recognized by CNPS will be implemented based on the level of potential impacts. Mitigation options recognized by the CNPS include: 1. The applicant shall design the Project to avoid or minimize impacts to areas where special- status botanical species occur and maintain protective elements such as, fencing, open space or conservation easements, and/or buffer zones around suitable habitat where special-status botanical species occur prior to construction activities and throughout construction activities and/or; 2. The applicant will restore or preserve a designated area, which contains suitable habitat elements, within the Project site to accommodate for species impacted by Project activities. The restored or preserved area will use transplants, artificial propagations or seed transfers from impacted populations to populate the restored or preserved area using guidelines from the California Native Plant Society Rare Plant Scientific Advisory Committee (1998) Policy On Mitigation Guidelines Regarding Impacts To Rare, Threatened, And Endangered Plants, and/or; 3. If the applicant cannot completely avoid impacts to special-status botanical species then consultation with the CDFW must be conducted and off site compensation through a conservation easement or mitigation bank may be required to mitigate for impacts. Endangered, Threatened and Special Status Wildlife Vernal Pool Fairy Shrimp Direct and indirect impacts to federally listed vernal pool species require mandatory federal mitigation at a USFWS approved mitigation bank. Direct effects occur at, or very close to, the time of the action itself. Examples include loss of habitat or sedimentation resulting from construction activities. Indirect effects are caused by, or result from a proposed action, occur later in time, and are reasonably certain to occur. Typically all ground disturbance activities within a 250 foot radius of a vernal feature are considered to have indirect impacts to vernal pools and vernal pool species. To avoid all impacts to vernal pools and vernal pool species construction activities cannot take place within 250 feet of vernal features. Since vernal pool fairy shrimp are regulated by the USFWS, mitigation requirements and avoidance measures will be determined in a Biological Assessment if vernal pools are impacted. Migratory Birds Protected under the MBTA and the CFGC Nesting birds are protected under the MBTA (16 USC 703) and the CFGC (3503). Any vegetation removal within the BSA should be conducted during the non-breeding season (September 1-February 28). If construction activities occur during the avian breeding season (March 1 – August 31) then a migratory 27 Biological Resource Assessment Power House Hill Road Project bird and raptor survey shall be conducted by a qualified biologist to identify any active nests (i.e nests that contain eggs or hatchlings) within the BSA. A qualified biologist shall:  Conduct a survey for all birds including raptors protected by the MBTA and CFGC within seven (7) days prior to the start of construction activities, and map all nests located within 250 feet of construction areas;  Develop buffer zones around active nests. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored at least twice per week and a report submitted to the City monthly.  Conduct an additional migratory bird and raptor survey if vegetation removal stops for more than 15 days. The survey shall be conducted within seven (7) days prior to the continuation of construction activities. Swainson’s Hawk Based on the presence of an active nest (a nest used one or more times in the last 5 years) within two (2) miles of the Project site, the loss of Swainson’s hawk foraging habitat must be mitigated. Proof of the mitigation transaction shall be sent to the CDFW prior to the start of ground disturbance activities. Per the CDFW 1994 Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks required mitigation is as follows:  To mitigate for the loss of foraging habitat (as specified in this document), the Management Authorization holder/project sponsor shall provide Habitat Management (HM) lands to the Department based on the following ratios: o Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree shall provide 0.75 acres of HM land for each acre of urban development authorized (0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement (acceptable to the Department) on agricultural lands or other suitable habitats which provide foraging habitat for Swainson's hawk. Management Authorization holders/project sponsors shall provide for the long-term management of the HM lands by funding a management endowment (the interest on which shall be used for managing the HM lands) at the rate of $400 per HM land acre (adjusted annually for inflation and varying interest rates). o In lieu of providing HM lands, some project sponsors may desire to provide funds to the Department for HM land protection. This option is acceptable to the extent the proposal is consistent with Department policy regarding acceptance of funds for land acquisition. All HM lands should be located in areas which are consistent with a multi-species habitat conservation focus. 28 Biological Resource Assessment Power House Hill Road Project Burrowing Owl Due to the moderate potential for burrowing owls to occur within the BSA, preconstruction surveys prior to the start of construction are required. Preconstruction surveys for the presence of burrowing owls within the project area will be conducted by a qualified biologist no more than seven (7) days prior to the start of construction. The surveys will be conducted at a time of day when species will notably be active (dawn or dusk). If the presence of burrowing owls or active burrows is confirmed between February 1st and August 31st, consultation with CDFW concerning establishment of a buffer zone shall be required. Other Natural Resources Waters of the United States If the Project actions affect the ordinary high water mark and/or vegetation associated with any Waters of the U.S which include but are not limited to, intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, vernal pools or natural ponds, then the Project proponent will need to obtain the following:  Prior to any discharge or fill material into Waters of the U.S, authorization under a Nationwide Permit or Individual Permit shall be obtained from the COE. For fill requiring a COE permit, a water quality certification from the Regional Water Quality Board (Clean Water Act §401) shall also be obtained prior to discharge of dredged or fill material.  Prior to any activities that would obstruct the flow of or alter the bed, channel, or bank of any perennial, intermittent or ephemeral creeks, notification of streambed alteration shall be submitted to the CDFW, and, if required, a Lake and Streambed Alteration Agreement (§1602) shall be obtained. Mitigation requirements for the fill of waters of the U.S will be implemented through an onsite restoration plan, and/or an In Lieu Fund and/or a certified conservation bank with a Service Area that covers the proposed Project area. These agreements, certifications and permits may be contingent upon successful completion of the CEQA process. 29 Biological Resource Assessment Power House Hill Road Project REFERENCES 71 FR 7118. Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants; Final Rule, (February 10, 2006) Volume 71. California Native Plant Society (CNPS), Rare Plant Program. 2015. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. California Natural Diversity Database (CNDDB). 2014. Rarefind 5. California Department of Fish and Wildlife. Sacramento, California. California Department of Fish and Game (CDFG). 1993. 5 - Year Status Review: Swainson’s Hawk. California Department Of Fish And Game Wildlife Management Division Nongame Bird And Mammal Program, Sacramento, California. California Department of Fish and Game (CDFG). 1994. Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks. CDFW. Sacramento, CA. California Department of Fish and Game (CDFG). 1995. Threatened and Endangered Species Report - March 1995. Bay Delta and Special Water Projects Division, CA Dept. of Fish and Game. Gallaway Consulting, Inc. 2008. Biological Resources Assessment for Rio ‘d Oro Report. Chico, CA. August. Hickman, J. C. (ed.). 1993. The Jepson manual: vascular plants of California. University of California Press. Berkeley, CA. Mayer, K.E and Laudenslayer, W.F.1988. A guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection. Sacramento, California. U.S. Fish and Wildlife Service (USFWS). 2005. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon. Portland, Oregon. USFWS. 1996. Programmatic Formal Endangered Species Act Consultation on Issuance of 404 Permits for Projects with Relatively Small Effects on Listed Vernal Pool Crustaceans Within the Jurisdiction of the Sacramento Field Office, California. Sacramento, CA. Zeiner, D.C., W.F.Laudenslayer, Jr., K.E. Mayer, and M. White, eds. 1990. California's Wildlife. Vol. I-III. California Department of Fish and Game, Sacramento, California. 30 Biological Resource Assessment Power House Hill Road Project LIST OF PREPARERS Elena Gregg. Botanist. B.S. in Environmental Biology and Management, University California, Davis, Davis, California. Mrs. Gregg has had 11 years of experience conducting botanical surveys, analyzing data, and preparing reports. Melissa Murphy. Biologist. B.S. in Environmental Science, San Diego State University, San Diego, California. Ms. Murphy has four years of experience conducting wildlife surveys, field data collection, and compliance monitoring of construction sites. Jody Gallaway. Senior Biologist and President of Gallaway Enterprises, Inc. M.S. Biology. B.S. Biology. California State University, Chico. Over 17 years of extensive work experience in the Sacramento Valley and surrounding areas working with local, state and federal agencies, agricultural communities, and the private sector conducting environmental surveys and reports. Sam Rossi. GIS Analyst. B.S. in Forestry and Natural Resources Management. Mr. Rossi has two years of experience working with GIS and Arc View, analyzing field data, and creating professional quality maps and figures to support data. Kevin Sevier. Senior Planner and Project Management. Masters in Rural and Town Planning, Certificate in GIS, California State University, Chico. Mr. Sevier has 15 years working with GIS, project management and environmental compliance including CEQA/NEPA. A Biological Resource Assessment Power House Hill Road Project Appendix A United States Fish and Wildlife Services, Sacramento Office, Species List California Department of Fish and Game, California Natural Diversity Database, Species List California Native Plant Society, Species List U.S. Fish & Wildlife Service Sacramento Fish & Wildlife Office Federal Endangered and Threatened  Species that Occur in or may be Affected by Projects in the Counties and/ or U.S.G.S. 7 1/ 2 Minute Quads you requested Document Number: 150210055353 Current as of: February 10, 2015 Quad Lists Listed Species Invertebrates Branchinecta lynchivernal pool fairy shrimp (T)  Desmocerus californicus dimorphus valley elderberry longhorn beetle (T)  Lepidurus packardi vernal pool tadpole shrimp (E)  Fish Acipenser medirostrisgreen sturgeon (T)  (NMFS)  Hypomesus transpacificusdelta smelt (T)  Oncorhynchus mykiss Central Valley steelhead (T)  (NMFS) Critical habitat, Central Valley steelhead (X)  (NMFS)  Oncorhynchus tshawytschaCentral Valley spring-run chinook salmon (T)  (NMFS)  Critical Habitat, Central Valley spring-run chinook (X)  (NMFS) winter-run chinook salmon, Sacramento River (E)  (NMFS)  AmphibiansRana draytonii California red-legged frog (T)  Reptiles Thamnophis gigas giant garter snake (T)  Birds Coccyzus americanus occidentalisWestern yellow-billed cuckoo (T)  PlantsOrcuttia tenuis slender Orcutt grass (T)  Quads Containing Listed, Proposed or Candidate Species: PALERMO (560A)  County Lists Butte County Listed Species Invertebrates Branchinecta conservatio Conservancy fairy shrimp (E) Critical habitat, Conservancy fairy shrimp (X) Branchinecta lynchiCritical habitat, vernal pool fairy shrimp (X) vernal pool fairy shrimp (T) Desmocerus californicus dimorphus valley elderberry longhorn beetle (T) Lepidurus packardi Critical habitat, vernal pool tadpole shrimp (X) vernal pool tadpole shrimp (E) Fish Acipenser medirostris green sturgeon (T)  (NMFS) Hypomesus transpacificus delta smelt (T) Oncorhynchus mykiss Central Valley steelhead (T)  (NMFS) Critical habitat, Central Valley steelhead (X)  (NMFS) Oncorhynchus tshawytscha Central Valley spring-run chinook salmon (T)  (NMFS)Critical Habitat, Central Valley spring-run chinook (X)  (NMFS) Critical habitat, winter-run chinook salmon (X)  (NMFS)winter-run chinook salmon, Sacramento River (E)  (NMFS) Amphibians Ambystoma californiense California tiger salamander, central population (T) Rana draytonii California red-legged frog (T) Critical habitat, California red-legged frog (X) Rana sierrae Mountain yellow legged frog (PX) Reptiles Thamnophis gigas giant garter snake (T) Birds Coccyzus americanus occidentalisWestern yellow-billed cuckoo (PX) Plants Chamaesyce hooveriCritical habitat, Hoover's spurge (X) Hoover's spurge (T) Limnanthes floccosa ssp. californica Butte County (Shippee) meadowfoam (E) Critical habitat, Butte County (Shippee) meadowfoam (X) Orcuttia pilosa Critical habitat, hairy Orcutt grass (X)hairy Orcutt grass (E) Orcuttia tenuisCritical habitat, slender Orcutt grass (X) slender Orcutt grass (T) Senecio layneae Layne's butterweed (=ragwort) (T) Tuctoria greeneiCritical habitat, Greene's tuctoria (=Orcutt grass) (X) Greene's tuctoria (=Orcutt grass) (E) Candidate Species Amphibians Rana muscosa mountain yellow-legged frog (C) Mammals Martes pennanti fisher (C) Key: (E) Endangered - Listed as being in danger of extinction. (T) Threatened - Listed as likely to become endangered within the foreseeable future. (P) Proposed - Officially proposed in the Federal Register for listing as endangered or threatened. (NMFS) Species under the Jurisdiction of the National Oceanic & Atmospheric Administration Fisheries Service.Consult with them directly about these species. Critical Habitat - Area essential to the conservation of a species. (PX) Proposed Critical Habitat - The species is already listed. Critical habitat is being proposed for it. (C) Candidate - Candidate to become a proposed species. (V) Vacated by a court order. Not currently in effect. Being reviewed by the Service. (X) Critical Habitat designated for this species Important Information About Your Species List How We Make Species Lists We store information about endangered and threatened species lists by U.S. Geological Survey 7½ minute quads. The United States is divided into these quads, which are about the size of San Francisco. The animals on your species list are ones that occur within, or may be affected by projects within, the quads covered by the list. Fish and other aquatic species appear on your list if they are in the same watershed as your quad or if water use in your quad might affect them. Amphibians will be on the list for a quad or county if pesticides applied in that area may be carried to their habitat by air currents. Birds are shown regardless of whether they are resident or migratory. Relevant birds on the county list should be considered regardless of whether they appear on a quad list. Plants Any plants on your list are ones that have actually been observed in the area covered by the list. Plants may exist in an area without ever having been detected there. You can find out what's in the surrounding quads through the California Native Plant Society's online Inventoryof Rare and Endangered Plants. Surveying Some of the species on your list may not be affected by your project. A trained biologist and/or botanist, familiar with the habitat requirements of the species on your list, should determine whether they or habitats suitable for them may be affected by your project. We recommend that your surveys include any proposed and candidate species on your list. See our Protocol and Recovery Permits pages. For plant surveys, we recommend using the Guidelines for Conducting and Reporting Botanical Inventories. The results of your surveys should be published in any environmental documents prepared for your project. Your Responsibilities Under the Endangered Species Act All animals identified as listed above are fully protected under the Endangered Species Act of 1973, as amended. Section 9 of the Act and its implementing regulations prohibit the take of a federally listed wildlife species. Take is defined by the Act as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect" any such animal. Take may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding, or shelter (50 CFR §17.3). Take incidental to an otherwise lawful activity may be authorized by one of two procedures: If a Federal agency is involved with the permitting, funding, or carrying out of a project thatmay result in take, then that agency must engage in a formal consultation with the Service. During formal consultation, the Federal agency, the applicant and the Service work together toavoid or minimize the impact on listed species and their habitat. Such consultation would result in a biological opinion by the Service addressing the anticipated effect of the project on listedand proposed species. The opinion may authorize a limited level of incidental take. If no Federal agency is involved with the project, and federally listed species may be taken as part of the project, then you, the applicant, should apply for an incidental take permit. TheService may issue such a permit if you submit a satisfactory conservation plan for the species that would be affected by your project. Should your survey determine that federally listed or proposed species occur in the area and arelikely to be affected by the project, we recommend that you work with this office and the California Department of Fish and Game to develop a plan that minimizes the project's directand indirect impacts to listed species and compensates for project-related loss of habitat. You should include the plan in any environmental documents you file. Critical Habitat When a species is listed as endangered or threatened, areas of habitat considered essential to its conservation may be designated as critical habitat. These areas may require special management considerations or protection. They provide needed space for growth and normal behavior; food, water, air, light, other nutritional or physiological requirements; cover or shelter; and sites for breeding, reproduction, rearing of offspring, germination or seed dispersal. Although critical habitat may be designated on private or State lands, activities on these lands are not restricted unless there is Federal involvement in the activities or direct harm to listed wildlife. If any species has proposed or designated critical habitat within a quad, there will be a separate line for this on the species list. Boundary descriptions of the critical habitat may be found in the Federal Register. The information is also reprinted in the Code of Federal Regulations (50 CFR 17.95). See our Map Room page. Candidate Species We recommend that you address impacts to candidate species. We put plants and animals on our candidate list when we have enough scientific information to eventually propose them for listing as threatened or endangered. By considering these species early in your planning process you may be able to avoid the problems that could develop if one of these candidates was listed before the end of your project. Species of Concern The Sacramento Fish & Wildlife Office no longer maintains a list of species of concern. However, various other agencies and organizations maintain lists of at-risk species. These lists provide essential information for land management planning and conservation efforts. More info Wetlands If your project will impact wetlands, riparian habitat, or other jurisdictional waters as defined by section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act, you will need to obtain a permit from the U.S. Army Corps of Engineers. Impacts to wetland habitats require site specific mitigation and monitoring. For questions regarding wetlands, please contact Mark Littlefield of this office at (916) 414-6520. Updates Our database is constantly updated as species are proposed, listed and delisted. If you address proposed and candidate species in your planning, this should not be a problem. However, we recommend that you get an updated list every 90 days. That would be May 11, 2015. Query Summary:Quad IS (Palermo (3912145) OR Bangor (3912144) OR Biggs (3912146) OR Shippee (3912156) OR Oroville (3912155) OR Oroville Dam (3912154) OR Gridley(3912136) OR Honcut (3912135) OR Loma Rica (3912134)) Print    Close CNDDB Element Query Results ScientificName CommonName TaxonomicGroup ElementCode TotalOccs ReturnedOccs FederalStatus StateStatus GlobalRank StateRank CARarePlantRank OtherStatus Habitats Agelaiustricolor tricoloredblackbird Birds ABPBXB0020 431 5 None Endangered G2G3 S1S2 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_EN-Endangered |NABCI_RWL-Red WatchList |USFWS_BCC-Birds ofConservationConcern Freshwatermarsh | Marsh &swamp | Swamp| Wetland Ardeaherodias great blueheron Birds ABNGA04010 133 1 None None G5 S4 null CDF_S-Sensitive |IUCN_LC-LeastConcern Brackish marsh |Estuary |Freshwatermarsh | Marsh &swamp | Riparianforest | Wetland Athenecunicularia burrowing owl Birds ABNSB10010 1862 1 None None G4 S3 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_LC-LeastConcern |USFWS_BCC-Birds ofConservationConcern Coastal prairie |Coastal scrub |Great Basingrassland |Great Basinscrub | Mojaveandesert scrub |Sonoran desertscrub | Valley &foothill grassland Balsamorhizamacrolepis big-scalebalsamroot Dicots PDAST11061 43 1 None None G2 S2 1B.2 BLM_S-Sensitive |USFS_S-Sensitive Chaparral |Cismontanewoodland |Ultramafic |Valley & foothillgrassland Branchinectalynchi vernal poolfairy shrimp Crustaceans ICBRA03030 750 25 Threatened None G3 S2S3 null IUCN_VU-Vulnerable Valley & foothillgrassland |Vernal pool |Wetland Buteoswainsoni Swainson'shawk Birds ABNKC19070 2394 5 None Threatened G5 S3 null BLM_S-Sensitive |IUCN_LC-LeastConcern |USFWS_BCC-Birds ofConservationConcern Great Basingrassland |Riparian forest |Riparianwoodland |Valley & foothillgrassland Californiamacrophylla round-leavedfilaree Dicots PDGER01070 162 1 None None G2 S2 1B.1 BLM_S-Sensitive |SB_RSABG-Rancho SantaAna BotanicGarden |SB_SBBG-SantaBarbaraBotanicGarden Cismontanewoodland |Valley & foothillgrassland Castillejarubicundulavar.rubicundula pinkcreamsacs Dicots PDSCR0D482 30 1 None None G5T2 S2 1B.2 BLM_S-Sensitive Chaparral |Meadow & seep| Ultramafic |Valley & foothillgrassland Circuscyaneus northernharrier Birds ABNKC11010 43 1 None None G5 S3 null CDFW_SSC-Species ofSpecialConcern |IUCN_LC-LeastConcern Coastal scrub |Great Basingrassland |Marsh & swamp |Riparian scrub |Valley & foothillgrassland |Wetland Clarkia bilobassp.brandegeeae Brandegee'sclarkia Dicots PDONA05053 89 12 None None G4G5T4 S4 4.2 BLM_S-Sensitive Chaparral |Cismontanewoodland |Lower montaneconiferous forest Clarkiamosquinii Mosquin'sclarkia Dicots PDONA050S0 55 2 None None G2 S2 1B.1 BLM_S-Sensitive |SB_RSABG-Rancho SantaAna BotanicGarden |USFS_S-Sensitive Cismontanewoodland |Lower montaneconiferous forest Corynorhinustownsendii Townsend'sbig-eared bat Mammals AMACC08010 619 1 None CandidateThreatened G3G4 S2 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_LC-LeastConcern |USFS_S-Sensitive |WBWG_H-High Priority Broadleavedupland forest |Chaparral |Chenopod scrub| Great Basingrassland |Great Basinscrub | Joshuatree woodland |Lower montaneconiferous forest| Meadow &seep | Mojaveandesert scrub |Riparian forest |Riparianwoodland |Sonoran desertscrub | Sonoranthorn woodland |Upper montaneconiferous forest| Valley & foothillgrassland Delphiniumrecurvatum recurvedlarkspur Dicots PDRAN0B1J0 96 3 None None G3 S3 1B.2 BLM_S-Sensitive Chenopod scrub| Cismontanewoodland |Valley & foothillgrassland Desmoceruscalifornicusdimorphus valleyelderberrylonghornbeetle Insects IICOL48011 216 8 Threatened None G3T2 S2 null null Riparian scrub Emysmarmorata western pondturtle Reptiles ARAAD02030 1137 5 None None G3G4 S3 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_VU-Vulnerable |USFS_S-Sensitive Aquatic | Artificialflowing waters |Klamath/Northcoast flowingwaters |Klamath/Northcoast standingwaters | Marsh &swamp |Sacramento/SanJoaquin flowingwaters |Sacramento/SanJoaquinstanding waters |South coastflowing waters |South coaststanding waters |Wetland Eumopsperotiscalifornicus westernmastiff bat Mammals AMACD02011 293 3 None None G5T4 S3S4 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |WBWG_H-High Priority Chaparral |Cismontanewoodland |Coastal scrub |Valley & foothillgrassland Fritillariaeastwoodiae Butte Countyfritillary Monocots PMLIL0V060 235 8 None None G3Q S3 3.2 USFS_S-Sensitive Chaparral |Cismontanewoodland |Lower montaneconiferous forest | Ultramafic Fritillariapluriflora adobe-lily Monocots PMLIL0V0F0 107 1 None None G3 S3 1B.2 BLM_S-Sensitive |SB_RSABG-Rancho SantaAna BotanicGarden Chaparral |Cismontanewoodland |Ultramafic |Valley & foothillgrassland Great ValleyCottonwoodRiparianForest Great ValleyCottonwoodRiparianForest Riparian CTT61410CA 56 4 None None G2 S2.1 null null Riparian forest Great ValleyMixed RiparianForest Great ValleyMixedRiparianForest Riparian CTT61420CA 68 1 None None G2 S2.2 null null Riparian forest Great ValleyValley OakRiparianForest Great ValleyValley OakRiparianForest Riparian CTT61430CA 33 1 None None G1 S1.1 null null Riparian forest Great ValleyWillow Scrub Great ValleyWillow Scrub Riparian CTT63410CA 18 1 None None G3 S3.2 null null Riparian scrub Gruscanadensistabida greatersandhillcrane Birds ABNMK01014 604 1 None Threatened G5T4 S2 null BLM_S-Sensitive |CDFW_FP-FullyProtected |USFS_S-Sensitive Marsh & swamp |Meadow & seep| Wetland Haliaeetusleucocephalus bald eagle Birds ABNKC10010 316 2 Delisted Endangered G5 S2 null BLM_S-Sensitive |CDF_S-Sensitive |CDFW_FP-FullyProtected |IUCN_LC-LeastConcern |USFS_S-Sensitive |USFWS_BCC-Birds ofConservationConcern Lower montaneconiferous forest| Oldgrowth Hibiscuslasiocarposvar.occidentalis woolly rose-mallow Dicots PDMAL0H0R3 173 1 None None G5T2 S2 1B.2 SB_RSABG-Rancho SantaAna BotanicGarden Freshwatermarsh | Marsh &swamp | Wetland Juncusleiospermusvar. ahartii Ahart's dwarfrush Monocots PMJUN011L1 13 8 None None G2T1 S1 1B.2 null Valley & foothillgrassland |Vernal pool |Wetland Juncusleiospermusvar.leiospermus Red Bluffdwarf rush Monocots PMJUN011L2 56 14 None None G2T2 S2 1B.1 BLM_S-Sensitive |USFS_S-Sensitive Chaparral |Cismontanewoodland |Meadow & seep| Valley & foothillgrassland |Vernal pool |Wetland Laniusludovicianus loggerheadshrike Birds ABPBR01030 97 1 None None G4 S4 null CDFW_SSC-Species ofSpecialConcern |IUCN_LC-LeastConcern |USFWS_BCC-Birds ofConservationConcern Broadleavedupland forest |Desert wash |Joshua treewoodland |Mojavean desertscrub | Pinon &juniperwoodlands |Riparianwoodland |Sonoran desertscrub Lasionycterisnoctivagans silver-hairedbat Mammals AMACC02010 138 3 None None G5 S3S4 null IUCN_LC-LeastConcern |WBWG_M-MediumPriority Lower montaneconiferous forest| Oldgrowth |Riparian forest BLM_S-Sensitive |CDFW_FP-FullyProtected | Laterallusjamaicensiscoturniculus Californiablack rail Birds ABNME03041 241 13 None Threatened G3G4T1 S1 null IUCN_NT-NearThreatened |NABCI_RWL-Red WatchList |USFWS_BCC-Birds ofConservationConcern Brackish marsh |Freshwatermarsh | Marsh &swamp | Saltmarsh | Wetland Lepiduruspackardi vernal pooltadpoleshrimp Crustaceans ICBRA10010 285 12 Endangered None G3 S2S3 null IUCN_EN-Endangered Valley & foothillgrassland |Vernal pool |Wetland Limnanthesfloccosa ssp.californica Butte Countymeadowfoam Dicots PDLIM02042 21 8 Endangered Endangered G4T1 S1 1B.1 SB_RSABG-Rancho SantaAna BotanicGarden Valley & foothillgrassland |Vernal pool |Wetland Linderiellaoccidentalis Californialinderiella Crustaceans ICBRA06010 416 3 None None G2G3 S2S3 null IUCN_NT-NearThreatened Vernal pool Navarretialeucocephalassp. bakeri Baker'snavarretia Dicots PDPLM0C0E1 58 1 None None G4T2 S2 1B.1 BLM_S-Sensitive Cismontanewoodland |Lower montaneconiferous forest| Meadow &seep | Valley &foothill grassland| Vernal pool |Wetland NorthernBasalt FlowVernal Pool NorthernBasalt FlowVernal Pool Herbaceous CTT44131CA 28 5 None None G3 S2.2 null null Vernal pool |Wetland NorthernHardpanVernal Pool NorthernHardpanVernal Pool Herbaceous CTT44110CA 126 5 None None G3 S3.1 null null Vernal pool |Wetland NorthernVolcanic MudFlow VernalPool NorthernVolcanic MudFlow VernalPool Herbaceous CTT44132CA 7 1 None None G1 S1.1 null null Vernal pool |Wetland Oncorhynchusmykiss irideus steelhead -CentralValley DPS Fish AFCHA0209K 31 1 Threatened None G5T2Q S2 null AFS_TH-Threatened Aquatic |Sacramento/SanJoaquin flowingwaters Oncorhynchustshawytscha chinooksalmon -CentralValley spring-run ESU Fish AFCHA0205A 13 1 Threatened Threatened G5 S1 null AFS_TH-Threatened Aquatic |Sacramento/SanJoaquin flowingwaters Orcuttia tenuis slenderOrcutt grass Monocots PMPOA4G050 96 2 Threatened Endangered G2 S2 1B.1 SB_UCBBG-UC BerkeleyBotanicalGarden Vernal pool |Wetland Pandionhaliaetus osprey Birds ABNKC01010 482 2 None None G5 S4 null CDF_S-Sensitive |CDFW_WL-Watch List |IUCN_LC-LeastConcern Riparian forest Paronychiaahartii Ahart'sparonychia Dicots PDCAR0L0V0 58 3 None None G2 S2 1B.1 BLM_S-Sensitive Cismontanewoodland |Valley & foothillgrassland |Vernal pool |Wetland Phrynosomablainvillii coast hornedlizard Reptiles ARACF12100 727 1 None None G3G4 S3S4 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_LC-LeastConcern Chaparral |Cismontanewoodland |Coastal bluffscrub | Coastalscrub | Desertwash | Pinon &juniperwoodlands |Riparian scrub |Riparianwoodland |Valley & foothillgrassland Riparia riparia bank swallow Birds ABPAU08010 296 14 None Threatened G5 S2 null BLM_S-Sensitive |IUCN_LC-LeastConcern Riparian scrub |Riparianwoodland Search the Inventory Simple Search Advanced Search Information About the Inventory About the Rare Plant Program Contributors The Calflora Database The California Lichen Society Plant List 15 matches found.   Click on scientific name for details Search Criteria Rare Plant Rank is one of [1A, 1B, 2A, 2B], Found in 9 Quads around 39121D5 Scientific Name Common Name Family Lifeform Rare Plant Rank State Rank Global Rank Astragalus tener var. ferrisiae Ferris' milk-vetch Fabaceae annual herb 1B.1 S1 G2T1 Balsamorhiza macrolepis big-scale balsamroot Asteraceae perennial herb 1B.2 S2 G2 Castilleja rubicundula var. rubicundula pink creamsacs Orobanchaceae annual herb (hemiparasitic)1B.2 S2 G5T2 Clarkia mosquinii Mosquin's clarkia Onagraceae annual herb 1B.1 S2 G2 Delphinium recurvatum recurved larkspur Ranunculaceae perennial herb 1B.2 S3 G3 Fritillaria pluriflora adobe-lily Liliaceae perennial bulbiferous herb 1B.2 S3 G3 Hibiscus lasiocarpos var.occidentalis woolly rose-mallow Malvaceae perennialrhizomatous herb 1B.2 S2 G5T2 Juncus leiospermus var.ahartii Ahart's dwarf rush Juncaceae annual herb 1B.2 S1 G2T1 Juncus leiospermus var.leiospermus Red Bluff dwarf rush Juncaceae annual herb 1B.1 S2 G2T2 Limnanthes floccosa ssp. californica Butte County meadowfoam Limnanthaceae annual herb 1B.1 S1 G4T1 Orcuttia tenuis slender Orcutt grass Poaceae annual herb 1B.1 S2 G2 Paronychia ahartii Ahart's paronychia Caryophyllaceae annual herb 1B.1 S2 G2 Sagittaria sanfordii Sanford's arrowhead Alismataceae perennial rhizomatous herb 1B.2 S3 G3 Trifolium jokerstii Butte County golden clover Fabaceae annual herb 1B.2 S2 G2 Tuctoria greenei Greene's tuctoria Poaceae annual herb 1B.1 S1 G1 Suggested Citation CNPS, Rare Plant Program. 2015. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. Website http://www.rareplants.cnps.org [accessed 10February 2015]. Glossary CNPS Home Page About CNPS Join CNPS © Copyright 2010-2014 California Native Plant Society. All rights reserved. Sagittariasanfordii Sanford'sarrowhead Monocots PMALI040Q0 93 2 None None G3 S3 1B.2 BLM_S-Sensitive Marsh & swamp |Wetland Setophagapetechia yellowwarbler Birds ABPBX03010 50 1 None None G5 S3S4 null CDFW_SSC-Species ofSpecialConcern |USFWS_BCC-Birds ofConservationConcern Riparian forest |Riparian scrub |Riparianwoodland Speahammondii westernspadefoot Amphibians AAABF02020 426 1 None None G3 S3 null BLM_S-Sensitive |CDFW_SSC-Species ofSpecialConcern |IUCN_NT-NearThreatened Cismontanewoodland |Coastal scrub |Valley & foothillgrassland |Vernal pool |Wetland Thamnophisgigas giant gartersnake Reptiles ARADB36150 345 11 Threatened Threatened G2 S2 null IUCN_VU-Vulnerable Marsh & swamp |Riparian scrub |Wetland Trifoliumjokerstii Butte Countygolden clover Dicots PDFAB40310 11 11 None None G2 S2 1B.2 BLM_S-Sensitive |SB_USDA-USDept ofAgriculture Valley & foothillgrassland |Vernal pool |Wetland Tuctoriagreenei Greene'stuctoria Monocots PMPOA6N010 48 2 Endangered Rare G1 S1 1B.1 null Vernal pool |Wetland Vireo belliipusillus least Bell'svireo Birds ABPBW01114 467 1 Endangered Endangered G5T2 S2 null IUCN_NT-NearThreatened |NABCI_YWL-Yellow WatchList Riparian forest |Riparian scrub |Riparianwoodland B Biological Resource Assessment Power House Hill Road Project Appendix B Project Site Photos B Biological Resource Assessment Power House Hill Road Project Project Site Photos Looking north at a vernal swale located on the eastern portion of the BSA (WF07, refer to Figure 5). Looking east across the annual grassland habitat of the BSA. B Biological Resource Assessment Power House Hill Road Project Looking west along the southern boundary of the BSA. Looking north at the largest ephemeral drainage. In the distance, large eucalyptus trees located on an adjacent parcel line the northern boundary of the BSA.