HomeMy WebLinkAboutUP14-0002_BRA Letter_Old Durham Wood_021314
1 GE Project # 13-064 Old Durham Wood
BRA Letter Report
February 13, 2014
Old Durham Wood
Attn: Randy McLaughlin
8616 Durnel Drive
Durham, CA 95938
RE: Old Durham Wood, Butte County, CA. (GE Project number 13-065)
Dear Mr. McLaughlin;
Per your request, Gallaway Enterprises conducted a general biological resources assessment within the
approximately 52-acre biological survey area (BSA) located off of Oroville-Chico Highway in Butte
County, CA (Figure 1). Jody Gallaway, Senior Biologist conducted field evaluations periodically from
June-September 2013. The purpose of the general biological survey was to document the rare,
endangered, threatened, and sensitive species and their habitats that may occur in the BSA.
Environmental Setting
The BSA is located in unincorporated Butte County within the USGS Hamlin Canyon Quadrangle, Section
22, Township 21N, Range 2E, (121°44’25.5”W/39°39’35.4”N). It is positioned between Oroville-Chico
Highway and State Route 99, approximately 0.7 miles south of Neal Road (Figure 1). Currently, the site is
used for cattle grazing during the winter and spring months. The BSA is characterized as annual
grassland with mound-swale topography (Mayer and Laudenslayer 1988). This community is composed
of a herbaceous layer dominated by medusahead grass (Elymus caput-medusae = Taeniatherum caput-
medusae) and soft chess (Bromus hordeaceus). The BSA is located on a lava flow terrace between two
drainages. Soil depth throughout the entire BSA ranged from 0-8 inches. Exposed hardpan persists
within areas that contain marginal wetland characteristics. There is an elevated knoll near the
approximate center of the site and water drains off the site rapidly. A few scattered wetlands and two
small ephemeral drainages were identified on the site.
To the immediate southeast of the BSA is an existing green waste facility. The land owner is proposing to
expand the existing operations for the green waste processing and soil composting into portions of the
BSA. There is an existing large berm on the boundary between the existing processing facility and the
BSA that acts as an impoundment. It is the goal of the applicant to completely avoid all sensitive natural
resources and to construct a similar berm around the proposed expansion area to ensure no impacts
would occur to the surrounding open land.
To Chico
To Yuba City
¬«99
¬«149
Project Site
E Old Durham WoodProject LocationFigure 1
0 0.5 1 Miles
1:75,000
Data Sources: USGS Map Date: 02/10/14
Skyway
Durham - Dayton Highway
3 GE Project # 13-064 Old Durham Wood
BRA Letter Report
Methods
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 2) and Swainson’s hawk occurrences within
a ten (10) mile radius of the BSA (Figure 3). Other primary sources of information regarding the
occurrence of federally and state listed threatened, endangered, proposed and candidate species, and
their habitats within the BSA used in the preparation of this document are:
• Species lists obtained from the USFWS Sacramento Office for the “Hamlin Canyon, CA” and 8
surrounding 7.5 minute U.S. Geological Survey (USGS) quadrangles;
• The results of a species record search of the CNDDB (Rarefind v5), 2013, for the “Hamlin
Canyon, CA” and 8 surrounding 7.5 minute USGS quadrangles (Figure 2 and Figure 3);
• The review of the CNPS Inventory of Rare and Endangered Vascular Plants of the “Hamlin
Canyon, CA” and 8 surrounding 7.5 minute USGS quadrangles (Skinner and Pavlik 2003);
• Gallaway Enterprises general species habitat and botanical surveys;
• A Butte County meadowfoam survey letter report prepared by NorthStar Engineering in 2013
for the property; and
• A review of USFWS Critical Habitat Designations (Figure 4).
Results
Habitat Classification
The BSA is characterized as annual grassland habitat with mima mound-swale topography. Associated
with the mima mound-swale topography are a small number of wetlands.
Annual Grassland
Annual grassland is the dominate habitat type within the BSA. Typical annual grasslands consist mostly
of annual grasses and forbs, such as medusahead grass, soft chess, and yellow star thistle (Centaurea
solstitialis). Common wildlife species that are found breeding in this habitat include a variety of ground
nesting avian species and small mammals, reptiles and amphibians. However, due to the thin soils
present, the annual grassland within the BSA does not support breeding habitat for most ground
burrowing avian or mammal species. Mima mound-swale topography occurs throughout the annual
grassland within the BSA.
Wetlands
Wetlands are areas that are inundated or saturated from surface or groundwater. Wetlands formed due
to surface water inundation are typically inundated since the soil layer below or at the surface is
impermeable or nearly impermeable. Precipitation and surface runoff become trapped or “perched”
above this layer, referred to as a hardpan or duripan. Within the BSA, the wetlands are formed due to
American peregrine falcon
adobe-lily
western mastiff bat
pink creamsacsButte County fritillary
big-scale balsamroot
Butte County checkerbloom
chinook salmon - Central Valley spring-run ESU
Great Valley Mixed Riparian Forest
vernal pool tadpole shrimp
veiny monardella
Great Valley Valley Oak Riparian Forest
Butte County meadowfoam
slender-leaved pondweed
woolly rose-mallow
burrowing owl
valley elderberry longhorn beetle
Hoover's spurge
Swainson's hawk
veiny monardella
western pond turtle
Great Valley Cottonwood Riparian Forest
Northern Hardpan Vernal Pool
Greene's tuctoria
¬«99
¬«149
Project Site
E Old Durham WoodCNDDB OccurrencesFigure 2
0 0.5 1 Miles
1:92,000
Data Sources: USGS, CDFW 2014 Map Date: 02/10/14
Durham - Dayton Highway
Project Area
5 Mile Buffer of Project SiteCNDDB Occurrences
Aquatic
Terrestrial
Animal
Plant
05/23/1982
05/18/1998
04/27/1994
06/28/1994
06/13/1994
¬«99
¬«149
Project Site
E Old Durham WoodSwainson's Hawk OccurrencesFigure 3
0 0.5 1 Miles
1:180,000
Data Sources: USGS, CDFW 2014 Map Date: 02/10/14
Project Area
10 Mile Buffer of Project Site
Swainson's hawk - Date
E Old Durham WoodUSFWS Critical HabitatFigure 4
0 0.5 Miles
1:24,000
Data Sources: USGS, USFWS Map Date: 02/10/14
Project AreaUSFWS Critical Habitat
Greene's tuctoria; Hairy Orcutt grass; Hoover's spurge
Vernal pool tadpole shrimp
7 GE Project # 13-064 Old Durham Wood
BRA Letter Report
the presence of a hardpan made of lava cap. The entire BSA is on lava cap, which has become exposed in
many locations on the site, resulting in very shallow wetlands that don’t pond water for long duration.
The shallow wetlands, thin soils, and topography present on the BSA results in quick drainage of the site.
A draft Delineation of Waters of the U.S. was prepared for the BSA by Gallaway Enterprises in October of
2013. This draft Delineation identified a total of 0.559 acre of wetlands on the site. Currently, the U.S.
Army Corps of Engineers (USACE) have completed a preliminary jurisdictional determination for the BSA
based on this draft delineation.
Special Status Species
The following special-status species were identified in the USFWS, Sacramento Office, species list,
CNDDB list, 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. Not all special-status species listed under federal and state species lists are
discussed due to unsuitable habitat or lack of observations in the area.
Special-Status Plants
Due to the presence of only shallow wetland habitat, the special-status plant species that have potential
to occur within the BSA include Ahart’s paronychia, Butte County golden clover, Butte County
meadowfoam, and Red Bluff dwarf rush. Past CNDDB occurrences of Butte County meadowfoam have
been observed within 5 miles of the BSA (Figure 2). All of these plant species are associated with
vernally mesic habitats and, therefore, do not require habitats that pond water for long duration and
can occur within the thin soils present in the BSA.
A number of other special-status plant species were identified as having past CNDDB occurrences within
5 miles of the (Figure 2). However, these species do not have potential to occur within the BSA due to
the lack of suitable habitat. The BSA lacks deep clay soils, alkaline soils, serpentinite soils, deep water
habitats, seeps, and deep vernal pools which these plant species require.
Special-Status Wildlife
Per the CNDDB, the BSA falls within a past occurrence of peregrine falcon (Figure 2). However, this
occurrence is a nest location that is located off of Neal Road in the foothills to the northeast of the BSA
and is only depicted as a large polygon due to the sensitive nature of the exact occurrence location data.
The BSA does not contain suitable nesting or foraging habitat for peregrine falcons.
Due to the lack of trees, shrubs, rock outcroppings, or crevices, there is no suitable nesting habitat for
bats, raptors or migratory bird species that require these habitat components for nesting. In addition,
foraging habitat for raptor species is sub-marginal on the BSA due to the thin soils present. The thin soils
present limit the type of prey that could utilize the site to very small wildlife such as lizards and snakes.
Small mammal burrows were not observed on the site. Although five Swainson’s hawk nest sites are
8 GE Project # 13-064 Old Durham Wood
BRA Letter Report
located within 10 miles of the BSA, according to the CNDDB, these nest sites have not been documented
as being active for 20 or more years (Figure 3).
The wetland habitat that occurs on the site does provide marginal habitat for vernal pool tadpole
shrimp, vernal pool fairy shrimp, and the western spadefoot toad. The BSA also falls within USFWS
designated critical habitat for vernal pool tadpole shrimp (Figure 4). Only marginal habitat for these
species occurs since many of the wetlands on the site are shallow and have bottoms that consist of
exposed lava rock. Without soil on the bottoms of the wetlands, cysts of vernal pool invertebrates would
not be able to persist. Also, since the wetlands present are shallow, they tend to dry down more rapidly
than adjacent wetlands located on deep soils. As such, there is a low potential for the wetlands to be
utilized by vernal pool tadpole shrimp and a moderate potential for them to be utilized by vernal pool
fairy shrimp. This is because vernal pool fairy shrimp can utilize much smaller and shallow pooled
habitat than vernal pool tadpole shrimp, which need large turbid vernal pools to complete their
lifecycle.
For the same reasons that the wetlands within the BSA are not suitable habitat for vernal pool tadpole
shrimp, their use by western spadefoot toads would also be limited since they need ponded water for
long enough duration to lay eggs and allow the young to develop to a stage where they can utilize
terrestrial habitats. In the 1994 Department of Fish and Wildlife publication "Amphibian and Reptile
Species of Special Concern in California" by Mark R. Jennings and Marc P. Hayes, western spadefoot
toads were identified as burrowing in the soil to a depth of at least 1 meter and require ponded water
for 3-11 weeks to metamorphose successfully, depending on food availability and temperature. As such,
it is unlikely for western spadefoot toads to utilize the wetlands habitat within the BSA since the soils
present are not deep enough to support suitable burrows and the wetlands likely do not remain ponded
for long enough duration for them to complete their larval development.
The annual grassland habitat present on the site provides low potential for western burrowing owls and
moderate potential for ground nesting migratory bird species to occur. This is due to the thin soils
present on the site. Burrowing owls utilize existing mammal burrows to nest and need friable soils to dig
out their nests. However, no existing small mammal burrow were observed on the site do to the thin
soils and exposed lava cap, so it is not likely that burrowing owls would utilize the BSA to nest. Ground
nesting migratory bird species have a greater potential to utilize the BSA for nesting since many of these
species nest on the ground surface and do not burrow into the soil.
No other special-status wildlife species were identified as having the potential to occur within the BSA
due to the lack of suitable habitat.
9 GE Project # 13-064 Old Durham Wood
BRA Letter Report
Table 1. Special-status species and their potential to occur in the Old Durham Wood BSA.
Common Name
(Scientific Name)
Status
Fed/State/
CNPS
Associated Habitats Potential for Occurrence
PLANTS
Ahart's
paronychia
(Paronychia
ahartii)
_/_/1B.1
Vernal pools, areas of sparse
vegetation in annual grasslands, and
openings in cismontane woodlands.
(Blooming Period (BP): February -
June)
Moderate. Potentially
suitable habitat occurs in
the mesic areas within
the BSA.
Butte County
golden clover
(Trifolium jokerstii)
_/_/1B.2 Mesic valley and foothill grassland
and vernal pools (BP: March - May)
Moderate. Potentially
suitable habitat occurs in
the wetlands within the
BSA.
Butte County
meadowfoam
(Limnanthes
floccosa ssp.
californica)
FE/SE/1B.1 Mesic valley and foothill grassland
and vernal pools (BP: March - May)
Moderate. Potentially
suitable habitat occurs in
the wetlands within the
BSA.
Red Bluff dwarf
rush
(Juncus
leiospermus var.
leiospermus)
_/_/1B.1
Chaparral, cismontane woodland,
meadows and seeps, annual
grassland and vernal pools/vernally
mesic habitats. (BP: March- June)
Moderate. Potentially
suitable habitat occurs in
the mesic areas within
the BSA.
INVERTEBRATES
Vernal pool fairy
shrimp
(Branchinecta
lynchi)
FT/_/_ Vernal pools, swales, and ephemeral
freshwater habitat.
Moderate. There is
marginal habitat within
the BSA.
Vernal pool
tadpole shrimp
(Lepidurus
packardi)
FE/_/_ Moderately turbid, deep, cool-water
vernal pool.
Low. There is sub-
marginal habitat present
in the wetlands on-site
due to the shallow nature
of the wetlands;
however, the BSA is
within USFWS designated
critical habitat for this
species and CNDDB
occurrences are known
within 5 miles of the BSA.
10 GE Project # 13-064 Old Durham Wood
BRA Letter Report
Common Name
(Scientific Name)
Status
Fed/State/
CNPS
Associated Habitats Potential for Occurrence
REPTILES AND AMPHIBIANS
Western
spadefoot
(Spea hammondii)
_/SSC/_
Slow moving waters, ponds, marshes,
agricultural irrigation canals and
vernal pools.
Low. There is sub-
marginal habitat present
in the wetlands on-site.
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.
BIRDS
Western
burrowing owl
(Athene
cunicularia)
_/SSC/_
Open, dry annual or perennial
grasslands, deserts and scrublands
characterized by low-growing
vegetation.
None. Soil is too thin to
provide suitable nesting
habitat – no mammal
burrows were observed.
Swainson's hawk
(Buteo swainsoni) _/ST/_
Open grasslands, shrublands and
agricultural fields, often near riparian
forests.
Low. No suitable nesting
habitat, but sub-marginal
foraging habitat due to
lower abundance of prey
species.
White-tailed Kite
(Elanus leucurus) MBTA/FP/_
Rolling foothills and valley margins
with scattered oaks and river
bottomlands or marshes often next
to deciduous woodlands.
Low. No suitable nesting
habitat, but sub-marginal
foraging habitat due to
lower abundance of prey
species.
MAMMALS
There are no suitable habitat types within the BSA utilized by federal or state listed mammal species due
to the lack of trees, crevices, and suitably deep soils and there will be no impacts to listed mammal
species.
11 GE Project # 13-064 Old Durham Wood
BRA Letter Report
Regulatory Framework
The following describes federal, state, and local environmental laws and policies that are potentially
relevant to the environmental review process and regulatory requirements.
Biological Resources
Federal Endangered Species Act
The U.S. Congress passed the Federal Endangered Species Act (ESA) in 1973 to protect species that are
endangered or threatened with extinction. If a project is anticipated to impact federally listed species
they must initiate Section 7 consultation with the USFWS through the designated federal nexus. 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.”
California Endangered Species Act
The California Endangered Species Act (CESA) is similar to the ESA, but pertains to state-listed
endangered and threatened species. If state listed species are expected to be impacted, then the CESA
CODE DESIGNATIONS
FE = Federally-listed Endangered
FT = Federally-listed Threatened
MBTA = Protected by the federal Migratory Bird
Treaty Act
SE = State-listed Endangered
ST = State-listed Threatened
SSC = State Species of Special Concern
FP =CDFW Fully Protected Species
CNPS California Rare Plant Rank
1B = Rare or Endangered in California or
elsewhere
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.
12 GE Project # 13-064 Old Durham Wood
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requires state agencies to consult with the CDFW when preparing documents to comply with CEQA.
Migratory Bird Treaty Act
The MBTA (16 USC §703) prohibits the killing of migratory birds or the destruction of their occupied
nests and eggs, except in accordance with regulations prescribed by the USFWS. The bird species
covered by the MBTA includes nearly all of those that breed in North America, excluding introduced (i.e.
exotic) species (50 Code of Federal Regulations §10.13). Activities that involve the removal of vegetation
including trees, shrubs, grasses, and forbs or ground disturbance has the potential to affect bird species
protected by the MBTA.
Rare and Endangered Plants
The CNPS maintains a list of plant species native to California with low population numbers, limited
distribution, or otherwise threatened with extinction. This information is published in the Inventory of
Rare and Endangered Vascular Plants of California. Potential impacts to populations of CNPS-ranked
plants receive consideration under CEQA review.
California Environmental Quality Act
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.
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 or
species of concern) would occur.
Other Waters and Wetlands
Clean Water Act Sections 404 and 401
The USACE and the U.S. Environmental Protection Agency (EPA) regulate the discharge of dredged or fill
material into jurisdictional waters of the United States, under the Clean Water Act (§404). The term
“waters of the United States” is an encompassing term that includes “wetlands” and “other waters.”
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.
13 GE Project # 13-064 Old Durham Wood
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California Fish and Game Code Section 1600
The CDFW is a trustee agency that has jurisdiction under the CFGC (§1600 et seq.). The CFGC (§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.
Conclusions
Prior to any ground disturbing activities within the annual grassland habitat on the site, a pre-
construction migratory bird survey must be conducted if any vegetation or ground disturbing activities
occur during the bird nesting season (March 1 – September 15). To avoid the potential of impacting
ground nesting migratory birds protected by the MBTA, it is recommended that vegetation removal and
ground disturbing activities occur during the non-breeding season (September 15 – February 1) as
allowed by other regulations and permits.
The project proponent proposes to avoid all wetlands identified within the BSA. If all wetlands identified
and verified by the USACE are avoided, no impacts to federally listed vernal pool invertebrates or critical
habitat for vernal pool tadpole shrimp would occur. If the project proponent proposes to impact any
USACE verified wetlands within the BSA, a permit from the USACE will be required. If a USACE permit is
required, then a Biological Assessment must be prepared and formal Section 7 Consultation with the
USFWS will be necessary to address potential impacts to federally listed vernal pool invertebrate habitat
since the BSA is located within USFWS designated critical habitat.
Due to the mound-swale topography and vernally mesic habitat present throughout the site, including in
areas that do not meet the USACE requirements to be considered wetlands, protocol-level
presence/absence surveys should be conducted by a qualified botanist prior to any ground disturbing
activities. To be in compliance with the survey protocols for plant species listed under the California
Endangered Species Act, one year of protocol-level surveys must be conducted during the appropriate
flowering window for Red Bluff dwarf rush (March – June), Ahart’s paronychia (February – June), and
Butte County golden clover (March – May). To be in compliance with the survey protocols for plant
species listed under the Federal Endangered Species Act, two years of consecutive protocol-level surveys
must be conducted during the appropriate flowering window for Butte County meadowfoam (March –
May). The actual flowering windows for these plant species will be highly dependent on weather
conditions and rainfall amounts accumulated during the year the surveys are conducted.
Additional local and state permits will be required if impacts to USACE verified wetlands are proposed.
14 GE Project # 13‐064 Old Durham Wood
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If you have any questions or need further assistance please do not hesitate to contact me.
Sincerely,
Kevin Sevier
Senior Planner
Gallaway Enterprises
530‐332‐9909
kevin@gallawayenterprises.com