HomeMy WebLinkAbout - Appendix H - Biological Resources AssessmentAppendix H
Biological Resources Assessment
Biological Impact Report
for
Aerie Residential Project
Prepared for:
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA. 92780
Attn: Keeton Kreitzer
Prepared by:
Jones & Stokes
42145 Lyndie Lane
Temecula, CA 9591
Contact: Kimberly Svitenko, Senior Biologist
(951) 506 -4038
ksvitenko@isanet.com
December 2008
ICF Jones & Stokes. 2008. Biological Impact Report
for Aerie Residential Project. December. (J &S 00823.08) Tustin, CA.
Table of Contents
Page
1.0
Introduction ................................................................ ..............................1
1.1 Project Location and Description ..................... ..............................1
2.0
Survey Methods ......................................................... ..............................3
2.1 Literature Review ............................................. ..............................3
2.2 General Site Assessment ................................ ..............................3
3.0
Existing Biological Resources ................................. ..............................4
3.1 Existing Site Conditions ................................... ..............................4
3.2 Soils ................................................................. ..............................4
3.3 Hydrology and Drainage .................................. ..............................4
3.4 Geology ............................................................ ..............................5
3.5 Vegetation ........................................................ ..............................5
3.5.1 Southern Coastal Bluff Scrub ........................... ..............................6
3.5.2 Ornamental Vegetation .................................... ..............................6
3.6 Wildlife Inventory .............................................. ..............................6
3.6.1 Amphibians ...................................................... ..............................6
3.6.2 Reptiles ............................................................ ..............................6
3.6.3 Birds ................................................................. ..............................7
3.6.4 Mammals ......................................................... ..............................7
4.0
Habitat Linkages and Corridors ............................... ..............................8
5.0
Raptor Nesting and Foraging .................................. ...............................
9
6.0
Special Status Resources ........................................ .............................10
6.1 Special Status Habitats ................................... .............................10
6.2 Special Status Plants and Wildlife .................. .............................10
6.2.1 Special Status Plants ...................................... .............................10
6.2.2 Special Status Wildlife .................................... .............................13
7.0
Regulatory Framework ............................................. .............................15
7.1 Federal Regulatory Framework ...................... .............................15
7.1.1 Endangered Species Act ................................ .............................15
7.1.2 Section 404 of the Clean Water Act ................ .............................15
7.1.3 Migratory Bird Treaty Act ................................ .............................15
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Aerie Residential Project i
7.1.4
Critical Habitat ................................................. .............................16
Appendix B
7.1.5
Marine Mammal Protection Act ....................... .............................16
Wildlife Compendium
7.2
State Regulatory Framework .......................... .............................16
7.2.1
California Endangered Species Act ................ .............................16
7.2.2
Section 2081 of the State Fish and Game Code .........................16
7.2.3
Lake and Streambed Alteration Program ........ .............................16
7.2.4
California Environmental Quality Act .............. .............................17
7.3
Regional Regulatory Framework .................... .............................17
7.3.1
California Coastal Commission ....................... .............................17
7.3.2
Natural Communities Conservation Program . .............................17
8.0 Analysis
and Determination of Potential Impacts . .............................18
8.1
Jurisdictional Waters ....................................... .............................18
8.2
Vegetation Impacts ......................................... .............................18
8.3
Wildlife Impacts, Habitat Loss, and Wildlife
Displacement.................................................. .............................19
8.4
Noise Impacts ................................................. .............................19
8.5
Urban Pollutants ............................................. .............................19
8.6
Night Lighting .................................................. .............................20
8.7
Human Activity ................................................ .............................20
9.0 Recommendations .................................................... .............................21
9.1
Jurisdictional Determination ............................ .............................21
9.2
Migratory Bird Treaty Act Compliance ............ .............................21
9.3
Focused Surveys for Special Status Plants .... .............................21
10.0 References ................................................................ .............................23
Appendix A
Figures (Regional, Vicinity, Site Photos)
Appendix B
Plant Compendium
Appendix C
Wildlife Compendium
Appendix D
Sensitive Species Table
Appendix E USFWS Species List
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Aerie Residential Project ii
1.0 Introduction
Provided in this biological impact report is a discussion of existing biological conditions and methods
used to evaluate biological resources at the proposed Aerie Residential project site (hereafter referred to
as the project site). This report summarizes the terrestrial biological resources and potential impacts
associated with development of the project. The following information has been reported in accordance
with accepted scientific and technical standards that are consistent with the requirements of the United
States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG).
Potential impacts to plant and wildlife species and regional guidelines governing project actions will be
discussed.
1.1 Project Location and Description
The project site is located at 201 — 207 Carnation Avenue (west side of Carnation Avenue at the
intersection of Ocean Boulevard) and 101 Bayside Place in the City of Newport Beach, Orange County,
California (Appendix A Figure 1). The project site consists of two parcels (Assessor Parcel Numbers
(APN) 052- 013 -12 and 052- 013013) and a small portion (584 square feet) of a third parcel (APN 052-
013 -21). These parcels encompass a total area of 1.4 acres. The site is currently occupied by an existing
14 -unit apartment building and single- family residence. Project development includes the demolition of
the apartment building and single - family residence and construction of an upscale condominium complex.
The project site is surrounded by single and multi - family residences. West of the project site is the main
entrance to Newport Harbor from the Pacific Ocean and the eastern end of the Balboa Peninsula. North
of the project site are single - family and multiple- family residences on Carnation Avenue and Bayside
Place. The northern side of Carnation Avenue is a developed coastal bluff that is not subject to marine
erosion.
The project applicant, Advanced Real Estate Services, Inc., is proposing to develop the 1.4 -acre site with
an 8 -unit condominium development. The Project will consist of a total of six levels including: (a) four
above grade floors consisting primarily of living space, but with some parking areas on the first and
second floors; and (b) two subterranean common recreation areas, storage and parking levels (the
"basement" and, at the lowest level, the "sub- basement"). Three residential levels will be visible from
Carnation Avenue above the existing street grade. Four residential levels will be visible when viewed
from Newport Bay. In total, the Project will encompass 61,709 square feet and includes living areas,
storage areas, parking, and circulation and mechanical areas.
In addition to the residential structure identified and described above, the project applicant is also
proposing the replacement of the existing landing /dock facility associated with the subject property.
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Aerie Residential Project
The structural elements of the existing gangway platform, pier walkway, and floating docks (timber
frame, concrete pontoons, and timber deck) are in very poor condition. The City has required the
applicant to remove or rebuild the docks due to their deteriorated and unsafe conditions. The new docks
will consist of timber docks supported by rotationally molded plastic pontoons, which require less draft
(bottom clearance) than concrete floats, allowing the dock system to be located as close to an existing
rock outcropping as possible. The six (6) steel dock guidepiles that support the existing docks will be
removed and replaced with 19 new guide piles supporting the new dock system. Of these 19 piles, nine
(9) will be large diameter piles (approximately two -foot diameter). All guidepiles will be pre - stressed
concrete piles set in pre - drilled, angered holes. The existing 20 -foot long gangway will be replaced by a
60 -foot long gangway.
The pile- supported pier walkway between the existing gangway platform and the existing concrete pad,
will be repaired /replaced with a structure in -like -kind (timber - framing system, a 2x timber deck, and
timber railings all around). The existing concrete piles supporting the walkway will be repaired in the
form of concrete repairs. The gangway platform replacement will include the four (4) steel piles, timber
framing with metal connectors, and a 2x timber deck with railings all around. The existing concrete pad,
concrete steps, and railing will be repaired and patched as necessary.
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Aerie Residential Project 2
2.0 Survey Methodologies
2.1 Literature Review
Prior to the site visit, biologists from ICF Jones& Stokes conducted a literature review to identify special -
status plants, wildlife, and natural communities known to occur in the vicinity of the project site. The
California Native Plant Society's (CLAPS) Inventory of Rare and Endangered Plants (CLAPS 2008), the
California Natural Diversity Data Base (CNDDB) (CDFG 2008a), and a current List of Special Status
Animals (CDFG 2008b) were reviewed prior to the site visit. A list of species considered by the US Fish
and Wildlife Service (USFWS) was requested (FWS- OR- 09B0104- 09SL0151, December 17, 2008) and
reviewed. These Special status species are those known to occur, or have the potential to occur, on or
within the vicinity of the project site that have been afforded special recognition by the federal
government, the State of California, or the CNPS. Specifically for this report "special status" species are
those listed under the federal Endangered Species List as threatened or endangered, or federal candidate
for listing; those species listed under the California Endangered Species Act as threatened or endangered,
or a state species of special concern; or CNPS List IA, 1B, and 2. A list of special status plants and
animals potentially occurring within the project region has been requested from the USFWS. A
preliminary review of site conditions used color aerial photography at an approximate scale of 1 inch =
550 feet.
2.2 General Site Assessment
A general assessment of the project site was conducted on October 1, 2008. The purpose of the visit was
to assess current site conditions, identify plant and wildlife species present on the project site, map
vegetation communities, and evaluate potential of the project site to support sensitive and special - status
species. Focused plant and wildlife surveys were not performed for this report.
Plant species were identified in the field or collected for later identification. Taxonomy and nomenclature
for plants generally follows Hickman (1993). Taxonomy and nomenclature for wildlife follows Behler
(1998) for amphibians and reptiles, American Ornithologist Union (1998) and Sibley (2000) for birds,
and Jones et. al (1992) for mammals. All wildlife species observed or detected (by sound, tracks and
scat) were recorded in field notes. A compendium of species observed at the project site during the site
visits is included in Appendix B, Plant Compendium, and Appendix C, Wildlife Compendium.
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3.0 Existing Biological Resources
3.1 Existing Site Conditions
The entire project site encompasses 1.4 acres and is currently occupied by a 14 -unit apartment
building and one single - family residence, as well as deteriorating gangway platform, pier walkway,
and dock facilities. In addition, an on -grade staircase (built prior to 1961) presently exists on the
coastal bluff face that connects the apartment building with an existing, irregularly shaped, concrete
pad. The existing apartment structure has a total of three levels, including two split levels that are
visible above the existing grade from the street. All three levels of the existing building are visible
from Newport Bay. Parking for the existing apartments consists of open carports at grade along
Carnation Avenue. The lowest extent of existing development from the site's coastal bluff face is
42.3 feet North American Vertical Datum (NAVD) 88. The single- family residence on the project
site and two of the units in the existing apartment building are occupied. The site is a steeply
sloping coastal bluff and cliff, the west - facing portion of which is subject to marine erosion. A
small sandy beach is located at the bottom of the coastal bluff. Representative site photographs are
on Appendix A Figures 2 and 3. Carnation Cove is a small ocean cove directly to the west of the
sandy beach. Carnation Cove is part of the project site. Biological marine resources and potential
impacts to the cove associated with project development have been addressed in the Marine
Biological Impact Assessment for a Dock Renovation Project Located in Carnation Cove 2008
prepared by Coastal Resource Management, Inc.
3.2 Soils
A review of the Natural Resources Conservation Services Web Soil Survey (Natural Cooperative
Soil Survey) for Orange County, California determined the soils at the project site to be beaches and
Myford sandy loam, 2 to 9 percent slopes (National Cooperative Soil Survey, Orange County,
California 2008).
3.3 Hydrology and Drainage
Impervious surfaces cover the top of the coastal bluff where the apartment building and single -
family residence are located. This area is served by the City of Newport Beach storm drain system
located in the roadways that surround the site. The project site is not located within the 100 -year
flood plain. In addition to the City facilities, there is a series of exposed polyvinyl chloride (PVC)
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Aerie Residential Project 4
pipes located along the northwest side of the project site extending down the coastal bluff face and
terminating at the small sandy beach. These PVC pipes direct minimal surface flows from the patio
of the existing apartment building and will be removed during project construction. The surface
flows will be rerouted into the new drainage feature included in the project design. This series of
PVC pipes can be seen in Appendix A, Figure 2 Photo A and Figure 3 Photo A.
A 24 -inch, reinforced corrugated pipe is located at the southeastern comer of the project site and
extends partially onto the coastal bluff face. This pipe currently discharges water from Carnation
Avenue, including a minimal amount of water generated at the project site. This pipe will remain in
place per current project design, and will not be removed, rerouted, or altered in any way.
Vegetation at the outfall of this pipe is dominated by nonnative umbrella sedge (Cyperus
iuvolucratus). The umbrella sedge covers an area approximately 3 feet by 4 feet at the outfall.
Ornamental vegetation was observed growing from the coastal bluff face just below the umbrella
sedge.
A jurisdictional delineation of potential water features was not conducted for this report
3.4 Geology
The project site is located in the seismically active southern California region. There are no active
faults or fault systems known to exist on or in the immediate vicinity of the project site. In addition,
the project site is not within an Alquist -Priolo Earthquake Fault Zone as illustrated on the maps
issued by the State Geologist for the area (Neblett & Associates, Inc., August 5, 2005). Although
there are no active faults or fault systems known to exist on or in the immediate vicinity, the project
site is subject to seismic shaking resulting from earthquakes occurring on one or more of the
regional faults. The closest active faults within 50 miles of the project site are the Newport-
Inglewood, Norwalk, and Raymond Faults. The Newport- Inglewood fault is the only active fault
within or immediately adjacent to the City of Newport Beach.
3.5 Vegetation
he dominant vegetation type at the project site is ornamental species. However, a remnant southern
coastal bluff scrub community exists on the rocky outcrop along the northern project boundary
which extends into Newport Bay. The coastal bluff face (located below the existing structures) is
densely vegetated with ornamental species and some scattered natives. Vegetation classification for
the southern coastal bluff scrub was based on classifications from Holland (1986). Representative
site photos are shown in Appendix A, Figures 2 and 3. Plant species observed at the project site
were recorded and are listed in Appendix B, Plant Compendium.
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Aerie Residential Project 5
3.5.1 Southern Coastal Bluff Scrub
Southern coastal bluff scrub is dominated by woody and succulent species. Growth and flowering
occur from late winter through spring. Species in this vegetation community and observed at the
project site include California buckwheat (Eriogonum fasciculatum), lemonade bent' (Rhus
integrifolia), coastal goldenbush (Isocoma nrenziesh) California encelia (Encelia californica),
coastal prickly pear (Opuntia littoralis), and sagebrush (Artemisia californica).
3.5.2 Ornamental
The dominant ornamental vegetation species at the project site include English ivy (Hedera helix),
sweet fennel (Foeniculum vulgare), umbrella sedge (Cyperus involucratus), and fan palm
(Washingtonia ftlifera). This is not a complete inventory of the ornamental species at the project
site.
3.6 Wildlife Inventory
The following sections describe the wildlife species observed or expected to occur at the project site.
Appendix C is a compendium of wildlife species observed during the field survey.
3.6.1 Amphibians
Amphibians require moisture for at least a portion of their life cycle and many require standing or flowing
water for reproduction. Some amphibian species can occur in xeric habitats such as ephemeral drainages.
These species are able to survive in dry areas by remaining beneath the soil in burrows or under logs or
leaf litter, emerging only when temperatures are low and humidity is high. Many of these species'
habitats are associated with water and they emerge to breed once the rainy season begins. Soil moisture
conditions can remain high throughout the year within some habitat types depending on factors such as
amount of vegetation cover, elevation, and slope aspect (Dixon 1970).
Amphibian species expected to occur at the project site include Pacific tree frog (Hyla regilla).
3.6.2 Reptiles
Reptilian diversity and abundance typically varies with vegetation type and character. Many species
prefer only one or two vegetation types; however, most will forage in a variety of habitats. Most species
occurring in open areas use rodent burrows for cover and protection from predators during extreme
weather conditions.
Western fence lizard (Sceloporus occidentalis) was observed at the project site during the site visit.
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Aerie Residential Project B
3.6.3 Birds
Birds are the most commonly observed vertebrate taxon at the project site. Bird species that are conmion
residents of developed urban areas and observed at the project site include: House sparrow (Passer
domesticers), House finch (Cmpodacus mexicanus), Anna's hummingbird (Calypte anna), Great blue
heron (Ardea herodias), Brown pelican (Pelecanus occidentalis), and Double - crested cormorant
(Phalacrocorax auritus).
Conditions at the project site do not provide adequate nesting habitat for most raptors (birds of prey).
However, some raptor species are adapted to urban conditions. Limited opportunity to forage at the
project site exists along the southern coastal bluff, within the ornamental vegetation and on the small
beach. Raptor species potentially occurring within the project vicinity include: Cooper's hawk (Acciljiter
cooperii), Red - tailed hawk (Buteo jamaicensis), Sharp- shiimed hawk (Accipiter st iatus), American
kestrel (Falco sl2arverius), Bam owl (Tyto alba), and Great horned owl (Bubo virginianus).
3.6.4 Mammals
Small ground - dwelling manunals having potential to occur at the project site include the pocket mouse
(Peromyscus sp.), Bella's pocket gopher (Thomomys bottae), California ground squirrel (Spermophilus
beechcp), and Audubon cottontail (Sylvilagus mrdubonii). Bats occur throughout most of Southern
California. Bat species that could potentially occur at the project site are inactive during the winter and
either hibernate or migrate, depending on the species. Western mastiff bat (Eumops perolis caltfornicus),
Mexican long- tongued bat (Choeronycteris mexicana), and Big free- tailed bat (Nyctinonops macrotis) are
not expected to roost or forage at the project site due to lack of suitable habitat conditions. Larger
mammals, including both herbivores and carnivores, are not expected to occur at the project site since the
site is not adjacent to any undeveloped open space.
Two mammal species, Virginia opossum (Didelphis virguriana) and domestic cat (Felis talus), were
identified at the project site by their tracks.
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Aerie Residential Project 7
4.0 Habitat Linkages and Corridors
Habitat linkages are areas that provide a genetic link or communication between two or more natural
areas, typically larger or superior in quality to the linkage. Habitat linkages, as opposed to wildlife
corridors, typically provide substantial long -term habitat resources and movement across a linkage that
can span generations of individual organisms. Connected patches also typically have substantially
overlapping species inventories and resources. Such linkage sites can be quite small or constrained in
some cases, but may be critical to the long -term health and viability of populations within the connected
natural areas.
Corridors provide specific opportunities for individual animals to disperse or migrate among other areas.
These other areas may be very extensive but otherwise partially or wholly separated regions. Appropriate
cover, minimum physical dimensions, and tolerably low levels of disturbance and mortality risk (e.g.,
limited night lighting and noise, low vehicular traffic levels) are common requirements for corridors.
Resources and conditions in corridors may be quite different than in the connected areas, but if used by
the wildlife species of interest, the corridor would still function as desired. Corridors adequate for one
species may be quite inadequate for others. In evaluating corridors, it is important to consider the biology
of those species to be addressed (Beier and Loe 1992).
The project site and adjacent Newport Bay restrict opportunities for terrestrial wildlife movement because
of the existing, surrounding development. Migratory birds are visitors to Newport Harbor. The project
site provides limited opportunity (i.e., presence of limited southern coastal bluff scrub and existing dock)
for migratory birds to roost and forage. Some marine fish species move into and out of the harbor for
spawning or for nursery areas (Coastal Resource Management, Inc. 2008). Carnation Cove is directly
adjacent to the project site. The cove and potential impacts associated with project development have
been addressed in the Marine Biological Impact Assessment for a Dock Renovation Project Located in
Carnation Cove 2008 prepared by Coastal Resource Management, Inc.
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Aerie Residential Project g
5.0 Raptor Nesting and Foraging
Southern California supports a relatively high diversity of birds of prey (or "raptors "; orders
Falconiformes [hawks, falcons, and eagles] and Strigiformes [owls]) compared to most temperate areas,
and many of these species are in regional and/or rangewide decline. For most of the declining species,
foraging requirements include extensive open grassland and scrub that is undisturbed or only moderately
disturbed and provide an adequate prey base. Nesting site requirements include not only a suitable site
for a nest, but limited disturbance, protection from nest predators, and productive foraging habitat that is
sufficiently nearby. Both suitable foraging and suitable nest sites have declined severely in the region,
especially for specialists such as falcons, eagles, and ground nesting species such as Northern harrier and
Burrowing owl. In contrast, ecological generalist raptor species such as Sharp - shinned hawk, Cooper's
hawk, Red - tailed hawk, American kestrel, Great homed owl, and Barn owl have frequently benefited
from man's alteration of the landscape.
The project site encompasses approximately 1.4 acres surrounded by urban development to the north,
south, and east and by Newport Harbor on the west. The sparse southern coastal bluff scrub and
ornamental vegetation at the project site do not provide extensive foraging or suitable nesting habitat for
raptor species. Raptors would likely forage and breed in larger natural open space areas within the
vicinity of the project site (e.g., Newport Coast Open Space, Bommer Canyon, Shady Canyon). No
raptor species were detected at the project site during the site visits. However, the generalist raptor
species mentioned above are known to inhabit urban areas in the region. These species could potentially
utilize the ornamental vegetation at the project site for foraging but are not expected to nest or spend an
extensive amount of time there because of human disturbance.
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Aerie Residential Project g
6.0 Special Status Resources
6.1 Special- Status Habitats
Special - status natural cotmmunities are those considered to be "depleted" by the California Department
Fish and Game (CNDDB 2003). Special status habitats are typically protected by ordinance, code, or
regulation under which conformance typically requires a permit or other discretionary action prior to
impacting the habitat. Four depleted natural communities were identified in the literature review as
potentially occurring within the project vicinity: Southern coastal salt marsh, Southern cottonwood
willow riparian forest, Southern dune scrub, and Southern foredunes. None of these depleted natural
communities are present at the project site.
6.2 Special Status Plant and Wildlife Species
Plant or wildlife species may be considered to have "special status" due to declining populations,
vulnerability to habitat change, or restricted distributions. Special status species are those listed under the
federal Endangered Species List as threatened or endangered, or federal candidate for listing; those
species listed under the California Endangered Species Act as threatened or endangered, or a state species
of special concern; or CNPS List 1A, 1 B, and 2.
A total of 82 special status plant and wildlife species are described as potentially occurring in the project
region. Of these 82 species, nine plant and one wildlife species have potential to occur due to suitable
habitat conditions or was observed at the project site. The remaining plant and wildlife species described
in the sensitive species table were determined not to have potential to occur at the project site due to lack
of suitable habitat conditions (e.g., soils or vegetation associations) or geographic range. A list of all
sensitive plant and wildlife species potentially occurring within the project vicinity, their status, and
likelihood of occurrence is found in Appendix D Sensitive Species Table for the Aerie Residential Project
Site and Appendix E USFWS Species List.
6.2.1 Special Status Plants
Many special status plant species are known to occur in the project vicinity, nine of which have potential
to occur at project site.
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Aerie Residential Project 10
Aphanisma (Aphanisma blitoides)
Federal Status: None
State Status: None
Other Status: CNPS List 1 B
Aphanisma blooms from March through June and is found from Orange, Los Angeles, and Santa Barbara
Counties. Typical habitats of this annual herb are Southern coastal bluff scrub, Coastal dunes, and
Coastal sage scrub from (1- 305meters) 3 -1000 feet. Habitat conditions on site are not ideal to support this
species but are nonetheless present. Focused surveys performed during the appropriate blooming window
would determine presence /absence.
South Coast Saltscale (Atriplex pacifica)
Federal Status: None
State Status: None
Other Status: CNPS List 1B
South Coast Saltscale blooms from March through October and is found from Orange, Riverside, and Los
Angeles Counties. Typical habitats of this annual herb are Southern coastal bluff scrub, Coastal dunes,
and Coastal sage scrub from (0 -140 meters) 0 -460 feet. Habitat conditions on site are not ideal to support
this species but are nonetheless present. Focused surveys performed during the appropriate blooming
window would determine presence/absence.
San Fernando Valley Spineflower (Chorizanthe parryi var.
fernandina)
Federal Status: Candidate
State Status: Endangered
Other Status: CNPS List 1B
San Fernando Valley Spineflower blooms from April through July and is found from Orange, Los
Angeles, and Ventura Counties. Typical habitats of this annual herb are open, sandy soils, valley and
grassland foothills from (30 -550 meters) 98 -1804 feet. Habitat conditions on site are not ideal to support
this species but are nonetheless present. Focused surveys performed during the appropriate blooming
window would determine presence /absence.
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Aerie Residential Project
Southern Tarplant (Centromadia parryi ssp. australis)
Federal Status: None
State Status: None
Other Status: CNPS List 113
Southern Tarplant blooms from May through November and is found from Los Angeles, Orange, and
Santa Barbara Counties. Typical habitats for this annual herb are marshes, swamps (margins), valley and
foothill grassland (vernally mesic), and vernal pools from (0-425 meters) 0 -1394 feet. Habitat conditions
on site are not ideal to support this species but are nonetheless present. Focused surveys performed
during the appropriate blooming window would determine presence/absence.
Salt Marsh Bird's -Beak (Cordylanthus maritimus ssp. maritimus)
Federal Status: Endangered
State Status: Endangered
Other Status: CLAPS List 113
Salt Marsh Bird's -Beak blooms from May through October and is found from Los Angeles and Orange
Counties. Typical habitats of this annual herb are coastal dunes, marshes, and coastal salt swamps from
(0 -30 meters) 0 -98 feet. This species is known from coastal bluffs and Newport Back Bay. Focused
surveys performed during the appropriate blooming window would determine presence /absence.
Many- stemmed Dudleya (Dudleya multicaulis)
Federal Status: None
State Status: None
Other Status: CNPS List 1B
Many - stemmed Dudleya blooms from April through July and is found from Orange, Riverside, and San
Bernardino Counties. Typical habitats of this perennial herb are chaparral, coastal scrub, valley and
foothill grasslands in clay soils from (15 -790 meters) 49 -2592 feet Habitat conditions on site are not
ideal to support this species, however this species is known from the project region. Focused surveys
performed during the appropriate blooming window would determine presence/absence.
Laguna Beach Dudleya (Dudleya stolonifera)
Federal Status: Threatened
State Status: Threatened
Other Status: CNPS List 1B
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Laguna Beach Dudleya blooms from May through July and is found in Orange County. Typical habitats
of this stoloniferous herb are cismontane woodland, chaparral, coastal scrub, valley and foothill grassland,
and rocky substrates from (10 -260 meters) 32 -853 feet. Habitat conditions on site are not ideal to support
this species, however this species is known from the project region. Focused surveys performed during
the appropriate blooming window would determine presence /absence.
Cliff Spurge(Euphorbia misera)
Federal Status: None
State Status: None
Other Status: CNPS List 2
Cliff Spurge blooms from December through August and is found in Orange, Riverside, and Los Angeles
Counties. Typical habitats for this shrub are coastal bluff scrub from (10 -500 meters) 32 -1640 feet.
Habitat conditions on site suitable to support this species. Focused surveys performed during the
appropriate blooming window would determine presence /absence.
Big - leaved Crownbeard (Verbesina dissita)
Federal Status: Threatened
State Status: Threatened
Other Status: CNPS List 1B
Big- leaved Crownbeard blooms from April through July and is found in Orange County. Typical habitats
for this perennial herb are chaparral and coastal sage scrub from (45 -205 meters) 147 -672 feet. Habitat
conditions on site are suitable to support this species. Focused surveys performed during the appropriate
blooming window would determine presence /absence.
6.2.2 Special Status Wildlife
Many special status wildlife species are known to occur in the project vicinity, one of which was observed
at the project site.
Brown Pelican (Pelecanus occidentalis)
Federal Status: Endangered
State Status: Endangered
The brown pelican (Pelecanus occidentalis) is the smallest of the eight species of pelican, although it is a
large bird in nearly every other regard. It is 106 -137 cm (42 -54 in) in length, weighs from 2.75 to 5.5 kg
Biological Impact Report for December 2008
Aerie Residential Project 13
(6 -12 lb) and has a wingspan from 1.83 to 2.5 m (6 to 8.2 ft). This bird is distinguished from the
American White Pelican by its brown body and its habit of diving for fish from the air, as opposed to co-
operative fishing from the surface. It eats mainly herring -like fish. Groups of Brown Pelicans often
travel in single file, flying low over the water's surface. The nest location varies from a simple scrape on
the ground on an island to a bulky stick nest in a low tree. These birds nest in colonies, usually on islands.
This species was observed at the project site utilizing the existing dock which extends into Newport
Harbor. Brown pelican forages and roosts in Newport Harbor and breeds on the Channel Islands and
islands off the coast of Baja California.
Marine Mammals
Pinnipeds (sea lions and seals) and cetaceans (whales and dolphins) have been recorded inside and
outside of Newport Harbor, including California sea lion (Zalophus califoruica), Pacific bottle -nose
dolphin (Tursiops truncates), and gray whale (Eschrichlius robustus) (Coastal Resources Management
2008). The most common marine mammal occurring in the harbor is the California sea lion. California
sea lions prefer to haul out near the Pavilion, therefore it is not likely that sea lions world be significantly
impacted from project development. Harbor seals are less common than sea lions but individuals can be
found sporadically throughout the year. Dolphins are seen occasionally, and sightings of whales are rare.
No marine mammal species breed in Newport Harbor. None of the pinnipeds found within the harbor are
endangered and none have been observed at the project site. Marine manunals have been addressed in the
Marine Biological Impact 4ssessmenl for a Dock Renovation Project Located in Carnation Core 2008
prepared by Coastal Resource Management, Inc.
Biological Impact Report for December 2008
Aerie Residential Project 14
7.0 Regulatory Framework
This section identifies and describes the federal, state, and local statutes, ordinances, and/or policies that
may govem the protection and conservation of biological resources that may be affected with the
construction of the proposed project. These regulations must be considered during the decision - making
processes for projects that have the potential to affect biological resources managed as sensitive by the
regulatory agencies. These laws and regulations are described separately below.
7.1 Federal Regulatory Framework
7.1.1 Endangered Species Act
The USFWS is the designated federal agency accountable for administering the Endangered Species Act
(ESA) in most habitats. The ESA defines species as endangered or threatened and provides regulatory
protection at the federal level.
7.1.2 Section 404 of the Clean Water Act
This section of the Clean Water Act, administered by USACE, regulates the discharge of dredged and fill
material into waters of the United States. USACE has established a series of nationwide permits that
authorize specific activities within waters of the United States, provided that the proposed activity
demonstrates compliance with standard conditions. USACE consults with USFWS regarding permit
applications that have the potential to affect threatened or endangered species.
7.1.3 Migratory Bird Treaty Act
Most bird species found within the vicinity of the proposed project area are protected under the federal
Migratory Bird Treaty Act (MBTA) of 1918 (16 United States Code [USC] 703 -711). The MBTA makes
it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 Code of Federal
Regulations (CFR) Part 10, including feathers or other parts, nests, eggs, or products, except as allowed
by implementing regulations (50 CFR 21). Sections 3503, 3503.5, and 3800 of the California Fish and
Game Code similarly prohibit the take, possession, or destruction of native birds, their nests, or eggs.
MBTA effectively requires that project - related disturbance at active nesting territories be reduced or
eliminated during critical phases of the nesting cycle (February I through August 31, annually).
Disturbance that causes nest abandonment or loss of reproductive effort (e.g., killing or abandonment of
eggs or young) is considered "take" and is potentially punishable by fines and/or imprisonment.
Biological Impact Report for December 2008
Aerie Residential Project 15
7.1.4 Critical Habitat
Critical habitat is a term defined in the ESA. It refers to specific geographic areas that are essential to the
conservation of a threatened or endangered species and which may require special management
considerations or protection. The project site is not within any designated critical habitat.
7.1.5 Marine Mammal Protection Act
All marine mammals are protected under the Marine Mammal Protection Act (MMPA enacted October
21, 1972). The MMPA prohibits, with certain exceptions, the "take" of marine mammals in the US
"waters" and by US citizens on the high seas, and the importation of marine mammals and marine
mammal products into the US. Some marine mammals are also protected by the federal ESA of 1973.
Marine mammals are discussed in the Marine Biological Impact Assessment for a Dock Renovation
Project Located in Carnation Cove 2008 prepared by Coastal Resource Management, Inc. Marine
mammals will not be discussed further in this report.
7.2 State Regulatory Framework
7.2.1 California Endangered Species Act
This law is similar to the federal ESA and is administered by CDFG. CDFG is authorized to enter into a
"memorandum of understanding" with individuals, public agencies, and other institutions to import,
export, take, or possess state -listed species for scientific, educational, or management purposes.
California Endangered Species Act (CESA) prohibits the take of state- listed species except as otherwise
provided in state law. Under related state law, designated Fully Protected species may not be taken or
possessed at any time, and no licenses or permits may be issued for their take except for collecting these
species for necessary scientific research and relocation.
7.2.2 Section 2081 of the State Fish and Game Code
Under Section 2081 of the California Fish and Game Code, CDFG may authorize by permit the incidental
take of a state - listed threatened or endangered species.
7.2.3 Lake and Streambed Alteration Program
Jurisdictional limits under this state program are similar to those of USACE but include riparian habitat
supported by a river, stream, or lake regardless of the presence or absence of hydric soils or saturated soil
conditions. The limits of CDFG jurisdiction are defined by riparian vegetation and/or the tops of
streambanks. CDFG does not take jurisdiction over vemal pools and seeps where defined bed and banks
are absent.
Biological Impact Report for December 2008
Aerie Residential Project 16
7.2.4 California Environmental Quality Act (CEQA)
This central environmental statute applies to all discretionary projects under state jurisdiction that may
have an effect upon the physical environment, with certain statutory and categorical exemptions. CEQA
requires evaluation and disclosure of potential environmental impacts, much as does the National
Environmental Policy Act (NEPA), on which CEQA was modeled. However, unlike NEPA, CEQA
contains a substantive mandate that public agencies refrain from approving projects with significant
environmental effects if there are feasible alternatives or mitigation measures that can be implemented to
lessen such effects.
7.3 Regional Regulatory Framework
7.3.1 Coastal Commission
The Coastal Act includes specific policies (see Division 20 of the Public Resources Code) that address
issues such as shoreline public access and recreation, lower cost visitor accommodations, terrestrial and
marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries,
industrial uses, water quality, offshore oil and gas development, transportation, development design,
power plants, ports, and public works. The policies of the Coastal Act constitute the statutory standards
applied to planning and regulatory decisions made by the Commission and by local governments,
pursuant to the Coastal Act.
7.3.2 Natural Community Conservation Plans
Natural Community Conservation Plans (NCCP) resulted from California state legislation in 1991
adopted to protect habitats and species in large -scale ecosystem landscapes, while allowing for planned
economic development outside of the protected reserve areas. The NCCP program promotes the
development of partnerships to achieve this goal. Habitat Conservation Plans (HCPs) came out of an
amendment to the federal Endangered Species Act allowing "incidental take" by using a planning process
that protects listed species while allowing for lawful activities of landowners in the presence of listed
species. The project site is not within a designated NCCP.
Biological Impact Report for December 2008
Aerie Residential Project 17
8.0 Analysis and Determination of Potential
Impacts
8.1 Jurisdictional Waters
At this time, project design features do not include relocation or rerouting of the 24 -inch reinforced RCP
located on the southwestern coastal bluff at the project site. Therefore, no impacts are anticipated at this
time. If this RCP is to be moved, relocated, or rerouted, it is recommended that a wetland delineation and
jurisdictional determination be completed. The delineation and determination should take into account
CDFG streambed alteration, Clean Water Act of USACE, and wetland determination of the California
Coastal Commission. If the delineation determines that there are jurisdictional waters on the project site,
then consultation with these agencies will be required.
8.2 Vegetation Impacts
Current project design features avoid the coastal bluff face and rocky outcrop located along the north side
of the project site that extends into Newport Harbor. However, within the current development footprint
there is potentially suitable habitat for the nine special status plants listed in Section 6.2.1. Focused
special status plant surveys were not performed for this report. It is recommended that a botanist with
expertise with the nine special status plant species perform a focused survey to determine
presence /absence. If any special status plant species are to be impacted by project development this could
be considered potentially significant under CEQA. Additionally, project design features change and the
southern coastal bluff scrub is impacted, this could be also potentially significant under CEQA.
Ornamental vegetation located directly adjacent to the existing apartment building and along the southern
project side will be removed and landscaped for redevelopment of the property. Impacts to ornamental
vegetation and redevelopment of the apartment building would not be considered an adverse biological
impact to vegetation in the immediate project vicinity. The project site is not within designated critical
habitat for any plant species and is not located within an NCCP area.
Biological Impact Report for December 2008
Aerie Residential Project 18
8.3 Wildlife Impacts, Habitat Loss and Wildlife
Displacement
Potential impacts for common wildlife species were evaluated by considering the habitat loss for each
species occurring or potentially occurring at the project site. Development of the project would not result
in significant impacts to common wildlife species currently or potentially utilizing the project site.
Temporary disturbance impacts would occur for roosting birds (cormorants, gulls, pelicans) on the
existing dock until the new dock is built. Birds utilizing the bay directly adjacent to the project site may
experience temporary indirect disturbance while the new dock is being built. Tems, skimmers, and rails
are located in Upper Newport Bay and will not be affected by project development.
The proposed project construction activities for the new dock would not result in significant short- or
long -term effects on the California brown pelican. The California brown pelican, which does not nest in
the harbor, feeds throughout the harbor and often rests on pilings, boat floats, floating docks, and docks.
Even if pelicans were temporarily disturbed by proposed project construction/dredging, the proposed
project represents an insignificant amount of available feeding area in the harbor. Pelicans have many
alternative areas for undisturbed roosting within the harbor. Temporary impacts to California brown
pelican would be considered less than significant. Additionally, the project site is not within designated
critical habitat for any wildlife species and is not located within an NCCP area.
8.4 Noise Impacts
Temporary noise levels at the project site due to project construction would increase over present levels
during development of the proposed project. During construction, temporary noise has some potential to
affect foraging and roosting activities specifically for birds. This would be considered a temporary and
less than significant impact since noise levels would return to preconstruction levels at the completion of
the proposed project.
8.5 Urban Pollutants
Potential impacts on biological marine resources in the area could occur as a result of changes in water
quality. Urban runoff from project development containing petroleum residues and the improper disposal
of petroleum and chemical products from construction equipment (temporary) or residential areas (i.e.,
cars, improper disposal of chemical) could have an adversely affect on water quality and, in turn, affect
off -site populations of aquatic species.
Urban runoff from the project site could have the potential to adversely affect water quality and, in turn,
affect populations of marine plant and animal species within Carnation Cove. Potential impacts to
biological resources directly adjacent to the project site could be minimized to a less than significant
impact by implementing Best Management Practices required by the National Pollutant Discharge
Elimination System and Regional Water Quality Control Board (RWQCB).
Biological Impact Report for December 2008
Aerie Residential Project 19
8.6 Night Lighting
Night lighting can degrade adjacent natural open space areas for wildlife by increasing predation and
deterring animals from using an area. Lighting of the proposed project would result in an indirect effect
on the behavior patterns of nocturnal and crepuscular (active at dawn and dusk) birds in the vicinity of the
project site. Of greatest concern is the effect on birds that roost at the existing dock and on owls that are
specialized night foragers. These impacts, while adverse, would not be expected to reduce any current
wildlife population below self - sustaining levels. Therefore the impact caused by night lighting would be
considered less than significant.
8.7 Human Activity
Increased human disturbance from project development is not expected to significantly disrupt normal
foraging behavior of wildlife (e.g. birds) utilizing Newport Bay. The project site is currently is currently
occupied and human activity currently occurs along the small beach located at the project site.
Development of the project would increase the human activity at the project site by increasing the number
of people residing at the project site. This increase in human activity would not be expected to reduce any
current wildlife population below self - sustaining levels. Therefore the impact caused by human
disturbance would be considered less than significant.
Biological Impact Report for December 2008
Aerie Residential Project 20
9.0 Recommendations
9.1 Jurisdictional Determination
Per currently project plans, the 24 -inch RCP located at the southeastern comer of the project site is to remain
in place and all vegetation surrounding the outfall of the pipe will be left undisturbed. If the RCP is to be
relocated or rerouted or the vegetation near the outfall is to be impacted for landscaping, it is recommended
that a delineation of potentially jurisdictional water features be performed. Any impacts will require
coordination with the California Coastal Commission, USACE, CDFG, and the RWQCB. Project impacts to
jurisdictional waters could potentially require a Nationwide 404 permit from the USACE, 1603 Agreement
from the CDFG, and a 401 Water quality Certification from the RWQCB.
9.2 MBTA Compliance
It is recommended that a qualified biologist conduct a survey for active nests of covered species at least 7
days prior to any habitat disturbance that occurs during the nesting season (February 1 to August 31). If
no active nests are found, then no further actions would be required. If nesting activity is observed, the
nest site must be protected until nesting activity has ended or as otherwise directed by a qualified
biologist in order to ensure compliance with MBTA and the California Fish and Game Code.
9.3 Focused Surveys for Special Status Plants
In order to avoid potential significant impacts to special status plants under CEQA and CDFG, it is
recommended that a qualified botanist perform focused surveys to determine presence /absence for the
nine species determined to have potential to occur at the project site (Section 6.2.1 above). These plant
species include: Aphanisma, South Coast saltscale, Southern tarplant, San Fernando Valley spineflower,
Salt marsh bird's -beak, Many - stemmed Dudleya, Laguna Beach dudleya, Cliff spurge, and Big - leaved
crownbeard. Focused surveys for these plant species should be performed during the appropriate
blooming window of each species. Many of the blooming periods for these species overlap.
Additionally, it is recommended that the survey methods follow CDFG guidelines. Appendix D Sensitive
Species Table gives further habitat requirements and blooming periods for these species. If any State
listed threatened or endangered plant species are to be impacted by project development, an incident take
permit under Section 2081 of the Fish and Game Code will need to be obtained.
Biological Impad Report for December 2008
Aerie Residential Project 21
Certification: l hereby certify that the statements furnished above and in the attached exhibits present
the data and information required for this biological and natural resources report, and that the facts,
statements, and information presented are true and correct to the best of my knowledge and belief.
i_
Date: December 19; 2008 Signature: n') >vtC¢ AJ
Kim Svitenko
Senior Biologist/Project Manager
ICP JONES & STOKES
Biological Impact Report for December 2008
Aerie Residential Project 22
10.0 References
American Ornithologists' Union. 1998. Check -list of North American Birds. 7 °i edition. American
Ornithologists' Union, Washington, D.C.
Atwood, J.L. 1990. Status Review of the California Gnatcatcher (Polioptila califoruica). Manomet Bird
Observatory, Manomet, Massachusetts.
Behler, J.L. and E.W. King. 1998. National Audubon Society Field Guide to North American Reptiles
and Amphibians. Alfred A. Knopf, New York. 743 p.
Beier, P., and S. Lee. 1992. A checklist for evaluating impacts to wildlife movement corridors. Wildlife
Society Bulletin 20:434 -440.
Bennett, A.F. 1990. Habitat corridors and the conservation of small mammals in the fragmented forest
environment. Landscape Ecology. 4:109 -122.
California Coastal Commission. http:// www .coastal.ca.gov/Nvhoweare.html
California Department of Fish and Game. 2008x. California Natural Diversity (RareFind) Database.
California Department of Fish and Game, Natural Heritage Division, Sacramento, California.
California Department of Fish and Game. 2008b. List of Special Animals. Wildlife and Habitat Data
Analysis Branch California Natural Diversity Database.
California Native Plant Society (CLAPS). 2008. Electronic Inventory of Rare and Endangered Vascular
Plants of California. California Native Plant Society, Sacramento; California.
California Partners in Flight (CalPIF). 2002. Version 2.0. The oak woodland bird conservation plan: a
strategy for protecting and managing oak woodland habitats and associated birds in California (S.
Zack, lead author). Point Reyes Bird Observatory, Stinson Beach, CA. help: / /w%t,%v.prbo.ora-/
calpif/plans.html. accessed on 12/29/03.
Coastal Resources Management. Inc. 2008. Marine Biological Impact Assessment for a Dock
Renovation Project Located in Carnation Cove, Corona Del Mar, CA 92625.
Crooks, K.R. 2002. Relative sensitivities of mammnalian carnivores to habitat fragmentation.
Conservation Biology 16: 490 -502.
Dixon, J. R. 1970. In Catalogue ofAmerican Amphibians and Reptiles.
Biological Impact Report for December 2008
Aerie Residential Project 23
Dunn, J. L., and K. L. Garrett. 1997. A Field Guide to Warblers of North America. Boston, MA:
Houghton Mifflin Co. 656 pp.
Evens, J. G., G. W. Page, S. A. Layman and R. W. Stallcup. 1991. Distribution, relative abundance and
status of the California Black Rail in western North America.Farhig, L., and G. Merriam. 1985.
Habitat patch connectivity and population survival. Ecology 66(1): 768 -792.
Franzreb, K. E. 1989. Ecology and conservation of the endangered Least Bell's Vireo. U.S. Fish and
Wildlife, Service Biological Report 89(1).
Garrett, K., and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Audubon Press.
Los Angeles.
Goldwasser, S. 1981. Habitat requirements of the Least Bell's Vireo. California Dept. Fish and Game,
Nongame Wildlife Investigations Report 81.09, Project E -W -4, Job IV -38.1. Nongame Bird and
Mammal Section Report 81.09. 16 pp.
Gray, M. V., and J. Greaves. 1984. Riparian forest as habitat for the Least Bell's Vireo. Pp. 605 -611 in
R. Warner and K. Hendrix, editors. California Riparian Systems: Ecology, Conservation and
Productive Management. University of California Press, Davis.
Grinnell, J., and A. H. Miller. 1944. The Distribution of the Birds of California. Pacific Coast Avifauna
27,
Hamilton, R. A., and D. R. Willick. 1996. The Birds of Orange County: Status and Distribution. Irvine,
CA: Sea and Sage Press. 150 +pp.
Hanski, 1. A., and M. E. Gilpin, editors 1997. Metapopulation Biology: Ecology, Genetics, and
Evolution. San Diego, CA: Academic Press. 512+ pp.
Harris, L. D., and P.B. Gallagher. 1989. New initiatives for Wildlife Conservation; "file Need for
Movement Corridors. In Preserving Communities and Corridors (G. Mackintosh, ed.) Defenders of
Wildlife, Washington, D.C. 96pp.
Haug, E. A., B. A. Millsap, and M. S. Martell. 1993. Burrowing Owl (Speotvia cunicularia). In The
Birds of North America, No. 61 (A. Poole and F. Gill, editors). Philadelphia: The Academy of
Natural Sciences; Washington, D.C: The American Ornithologists' Union.
Hickman, J.C., (ed.) 1993. The Jepson Manual; Higher Plants of California. University of California
Press, Berkeley.
Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California.
State of California Department of Fish and Game, Non.ame- Heritage Program, Sacramento,
California.
Howell, S. N. G., and S. Webb. 1995. A Guide to the Birds of Mexico and Northern Central America.
Oxford: Oxford University Press. 851 pp.
Hudson, W. E. 1991. Landscape Linkages and Biodiversity. Washington, DC: Island Press.
Biological Impact Report for December 2008
Aerie Residential Project 24
Jones, J. K., R. Hoffmann, D. Rice, C. Jones, R. Baker, and M. Engstrom. 1992. Revised checklist of
North American Mammals north of Mexico, 1991. Occasional Papers: The Museum of Texas Tech
University. 23 pp.
Laudenslayer et. al. (1991. A checklist of the amphibians, reptiles; birds, and manunals of California.
California Fish and Game 77:109- 141.),
MacArthur, R.H., and E.O. Wilson. 1967. The Theory of Island Biogeography. Princeton: Princeton
University Press.
Marine Manurial Protection Act of 1972. littp:Hwww.nmfs.noaa.gov /pr /laws /mmpa/
Munz, P.A. 1974. A Flora of Southern California. University of California Press, Berkeley, California.
Neblett & Associates, Inc. (August 5, 2005). Conceptual Grading Plan Review Report for the City of
Newport Beach General Plan Update.
Noss, R. F. 1983. A regional landscape approach to maintain diversity. BioScience 33:700 -706.
National Cooperative Soil Survey. 2008. Soil Map — Orange County and Part of Riverside County,
California. Natural Resources Conservation Service.
Page, G. W., and L. E. Stenzel, editors. 1981. The breeding status of the Snowy Plover in California.
West. Birds 12:1 -40.
Roberts, Jr., F. M. 2008. The Vasculor Plants of Orange County, California, an Annotated Checklist.
San Luis Rey, CA: F. M. Roberts Publications.
Shuford, W.D., and Gardah, T., editors. 2008. California Bird Species of Special Concern: A ranked
assessment of species, subspecies, and distinct populations of birds of immediate conservation
concerns in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo.
California, and California Department of Fish and Game, Sacramento. v
Sibley, D.A. 2000. National Audubon Society, The Sibley Guide to Birds. Alfred A. Knopf, New York.
544 p.
Simberloff, D., and J. Cox. 1987. Consequences and costs of conservation corridors. Conservation
Biology 1:63 -71.
Skinner and Pavlik 1994. California Native Plant Society Rare Plant brventmy, 5th Edition Addition.
Small, A. 1994. California Birds: Their Status and Distribution. Ibis Publishing Company. Vista,
California.
Soule, M. E. 1987. Viable Populationsfor Consewolion. New York: Cambridge University Press.
[USFWS] U.S. Fish and Wildlife Service. 1993. Endangered and Threatened Wildlife and Plants;
Special rule concerning take of the Threatened Coastal California Gnatcatcher. Federal Register
58:65088- 65096, 10 Dec 1993. [4(d) rule]
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Aerie Residential Project 25
Verner, J. 1980. Buds of California Oak Habitats — Management Implications. pp. 246 -264 in
Proceedings of the Symposium on the Ecology, Management, and Utilization of
Unitt, P. 1984. The Birds of San Diego County. Memoir 13, San Diego, CA: San Diego Society of
Natural History. 276 pp.
Wikipedia. 2008. http:// en. wikipedia .org /wiki /Brown_Pelican
Willett, G. 1912. Birds of the Pacific Slope of Southern California. Pacific Coast Avifauna 7:1 -122.
Zeiner, D.C., W. F. Laudenslayer Jr., K.E. Mayer, M. White, eds. 1990. California's Wilrllife Vol. 3:
Manunals. California Department of Fish and Game, The Resources Agency, Sacramento,
California.
Biological Impact Report for December 2008
Aerie Residential Project 26
Appendix A
Figures
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SOURCE: ESRI Streetmap USA (2007) Figure 1
Jones& Regional and Vicinity Map for
ICF Stokes Aerie Residential Project
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Figure 2
Representative Site Photos
Aerie Residential Project
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sage scrub.
Figure 3
Representative Site Photos
Aerie Residential Project
Appendix B
Plant Compendium
The following vascular plant species were observed at Aerie Residential Project Site during
spring of 2005 and summer of 2008 by ICF Jones & Stokes.
* Indicates introduced nonnative species.
Species /Scientific Name Family /Common Name
ANGIOSPERMAE FLOWERING PLANTS
DICOTYLEDONES
AIZOACEAE FIG - MARIGOLD FAMILY
Mesembryanthemumerystallinum Crystalline iceplant
ANACARDIACEAE
Rhus integrifolia
APIACEAE (UMBELLIFERAE)
Hedera helix *
Foeniculum vulgare
ARECACEAE
Washingtonia filifera *
ASTERACEAE (COMPOSITAE)
Artemisia californica
Baccharis salicifolia
Centaurea melitensis
Conyza canadensis
Encelia californica
Isocoma menziesii
SUMAC FAMILY
Lemonadeberry
CARROT FAMILY
English ivy
Sweet fennel
PALM FAMILY
Pan palm
SUNFLOWER FAMILY
California sagebrush
Mule fat
Tocalote
Common horseweed
Bush sunflower
Coastal goldenbush
Species /Scientific Name Family /Common Name
BRASSICACEAE (CRUCIFERAE) MUSTARD FAMILY
Hirschfeldia incana '" Sho tpod mustard
CACTACEAE
Oplmtia liltoralis
Opuntia prolifera
CHENOPOD/ACEAE
A triplex canescens
Atriples walsonii
Chenopodium albums
Salsola tragus *
CRASSULACEAE
Dudleya lanceolala
CYPERACEAE
Cyperus involucralus *
EUPHORBIACEAE
Chamaesyce maculate
Eremocmpnis seligerus
Euphorbia glyplosperma
FA13ACEAE (LEGUMINOSAE)
Acacia redolens *
Caesalpinia gilliesii
Melilolus indiea *
CERIANIACEAE
Erodium cieutarium *
CACTUS FAMILY
Coastal prickly pear
Prolifcrous prickly pear / coastal cholla
GOOSEFOOT FAMILY
Four- winged saltbush
Watson's saltbush
Lamb's quarters
Russian thistle
STONECROP FAMILY
Lance - leaved dudleya
SEDGE FAMILY
Umbrella sedge
SPURGE FAMILY
Spotted rattlesnake spurge
Doveweed
Ridgeseed spurge
LEGUME /PEA FAMILY
Prostrate acacia
Yellow Bird -of- paradise
Yellow sweet - clover
GERANIUM FAMILY
Red - stemmed filaree
IRIDACEAE IRIS FAMILY
Species /Scientific Name Family /Common Name
Iris missouriensis*
MYOPORACEAE
Myoporum laetum*
POACEA
Arundo donax
PLUMBAGINACEAE
Limonium perezii
POLYGONACEAE
Eriogonum fasciculatum
ROSACEAE
Heteromeles arbutifolia
SOLANACEAE
Nicotiana glauca *
MONOCOTYLEDONES
AGAVACEAE
Rocky mountain iris
MYOPORUM FAMILY
Myoporum
GRASS FAMILY
Giant reed
LEADWORT FAMILY
Perez's sea - lavender
BUCKWHEAT FAMILY
California buckwheat
Toyon
Treetobacco
ROSE FAMILY
NIGHTSHADE FAMILY
MONOCOTS
AGAVE FAMILY
Agave sp. Century Plant
POACEAE GRASS FAMILY
Avena sp. * Wild oat
Bromus hordeaceus * Soft chess
Bromus madritensis * Foxtail chess
Floral components identified during surveys were recorded in terms of relative abundance and host habitat type. Floral taxonomy used in this
report follows the Jepson Manual (Hickman 1993) and, for sensitive species, the California Native Plant Society Rare Plant Inventory, 5th
Edition (Skinner and Pavlik 1994). Additional common plant names are taken from Munz (1974) and Roberts (2008).
Note: This compendium does not include a complete inventory of all ornamental species at the project site.
Appendix C
Wildlife Compendium
The following is a list of wildlife species recorded at Aerie Residential project site during spring
of 2005 and summer of 2008 by ICF Jones & Stokes. Presence may be noted if a species is seen
or heard, or identified by the presence of tracks, scat, or other signs.
* Introduced species
Scientific Name
Common Name
INSECTA
INSECTS
LEPIDOPTERA
BUTTERFLIES AND MOTHS
Subfamily Pyrginae
Etynnis funeralis
Pytgussp.
Duskywings, Checkered Skippers, etc.
Funereal duskywing
Checkered skipper
REPTILIA
REPTILES
Iguanidae
Sceloporus occidentalis
Iguanid Lizards
western Fence lizard
AVES
BIRDS
Phalacrocoracidae Cormorants
Phalacrocorax auritus Double- crested cormorant
Scientific Name Common Name
Ardeidae Herons
Ardea herodias Great blue heron
Pelecanidae Pelicans
Pelecanus occidentalis Brown pelican
Trochilidae Hummingbirds
Calypte anna Anna's hummingbird
Corvidae Crows and Ravens
Corvus brachyrhynchos American crow
Aegithalidae Bushtits
Psaltriparus minimus Bushtit
Troglodytidae Wrens
Troglodytes aedon House wren
Emberizidae Warblers, Sparrows, etc.
Passer domesticus House sparrow
/cterus cucullatus Hooded oriole
Fringillidae Finches
Carpodacus mexicanus House finch
MAMMALIA MAMMALS
Didelphidoe
Didelphis virginiana
Opossum
Virginia opossum
Felidae Cats
Felis catus Domestic cat
Taxonomy and nomenclature follows Laudenslayer et. al. (1991. A checklist of the amphibians, reptiles, birds. and mammals of California.
California Fish and Game 77:109 - 141.), and the American Ornithologists' Union (1998. The A.O.U. Checklist of North American Birds, 7a Ed.
American Ornithologists' Union, Washington D.C.).
Appendix D
Sensitive Species Table for
Aerie Residential Project
Status Code Explanations
Status code
Explanation
FE
Federally Endangered
FT
Federally Threatened
FC
Federal Candidate species
SE
State Endangered
ST
State Threatened
SSC
State Species of Special Concern
CNDDB
Tracked by the California Department of Fish and Game "Natural Diversity Data Base ", but with no other
special regulatory or management status
1 A
California Native Plant Society (CPS) List I A plant ( "Plants presumed extinct in Califomia ")
I B
CNPS List 1B plant ( "Plants rare, threatened or endangered in California and elsewhere")
2
CNPS List 2 plant ( "Plants rare, threatened or endangered in California, but more common elsewhere ")
No designated state, federal, or locally significant listing.
Special Status Species Table for Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
PLANTS
Life Form: Annual herb
Counties: Orange, Riverside, San Bernardino, San Diego
Not expected to occur. Project site lacks sandy dunes
Chaparral Sand - Verbena
Veg Comm.: desert dunes; sandy substrates
typically associated with this species. Habitat conditions on
Blooming window: Jan. —Sept.
site are not conducive to support this species. No further
(Abronia villosa var. auriia)
I B
Elevation: 80 -1600m 262 -5250 ft)
project action needed.
Life Form: annual herb
Counties: Orange, Los Angeles, Santa Barbara Counties
Surveys Recommended. Habitat conditions on site are not
A hanisma
p
Veg. Comm.: coastal bluff scrub, coastal dunes, coastal scrub
ideal to support this species but are nonetheless present.
Blooming window: Mar.-Jun.
Surveys performed during the appropriate blooming window
(Aphanisma blitoides)
I
Elevation: 1 -305m (3 -1000 ft )
would determine presence /absence.
Life Form: Perrenial herb
Counties: Orange, Los Angeles, Riverside, Ventura Counties
Veg. Comm.: Closed -cone coniferous forest, chaparral, coastal
sage scrub, and valley foothill grassland. Recent bunts or
disturbed areas in stiff gravelly clay soils overlying granite or
Braunton's milk -vetch
limestone.
Blooming window: Jan -Aug.
Not expected to occur. Site lacks habitat conditions known
(Astragalus braunionil)
FE
Elevation: 4 -640 In 13 -2099 ft
to be suitable for this species.
Life Form: Perennial herb
Ventura marsh milk -vetch
Counties: Los Angeles, Orange, Santa Barbara, Ventura
(As agalus pycnostachyus var.
Veg. Comm.: coastal dune ponds, moist coastal scrub, marshes
Not expected to occur. Site lacks marshy -/- standing water
lant issimus)
and swamps (edges, coastal salt or brackish)
Blooming window: Jun.-Oct.
required, sites and not known from Orange Co. (see Roberts
FE, SE, IB
Elevation Window: 1 -35m (3 -114ft)
2008uire
Life Form: Perennial herb
Counties: Orange, Riverside, San Bernardino
Not expected to occur. Project site lacks alkaline soils and
Coulter's Saltbush
Veg. Comm.: bogs and fens, marshes and swamps (freshwater)
hydrology typically associated with this species. Habitat
Blooming Window: May- Aug.
conditions on site are not conducive to support this species.
(Atriplex coulreri)
IB
Elevation Window: 3 -170m 10 -558 ft
No further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIRENIENTs
STATUS ON SITE
Life Form: Annual herb
Counties: Orange, Riverside, Los Angeles
Surveys Recommended. Habitat conditions on site are
South Coast saltscale
Vcg. Conti.: coastal bluff scrub, coastal dunes, coastal scrub
suitable to support this species. Surveys performed during the
Blooming window: Mar.-Oct.
appropriate blooming window would determine
(Atriples percifica)
I B
Elevation Window: 0 -140m (0 -460 ft)
presence /absence.
Life Form: Annual herb
Counties: Los Angeles, Orange, Riverside, San Bernardino
Not expected to occur. Project site lacks chenopod scrub,
Parish's brittlescale
I B
Veg. Comm.: cheno pod scrub, has, vernal pools
6 I playas, y P
playas and vernal pools typically associated with this species.
Blooming Window: Jun.-Oct.
Flabitat conditions on site are not conducive to support this
(Ampler parishii)
Elevation W indow:25- 1900111 82 -6234 ft)
species. No further project action needed.
Life Form: Annual herb
Counties: Orange, Riverside, Santa Barbara, Santa Catalina
Veg. Conlin.: coastal bluffscrub in seasonally moist alkaline
Not expected to occur. Project site lacks alkaline soils and
Davidson's saltscale
soils
hydrology typically associated with this species. Habitat
Blooming window: Apr.-Oct.
conditions on site are not conducive to support this species.
(Alriplec serenana var. clnvidsonii)
I B
Elevation window: 10 -200111 (32 -656 ft )
No further project action needed.
Life Form: Bulblfel'nnS herb
Counties: Orange, Los Angeles, Riverside Counties
Veg. Conlin.: Cisnlontane woodland, coastal sage scrub, playas,
valley and foothill grassland, vernal pools. Usually associated
with annual grassland and vernal pools, often surrounded by
shrubland habitts.
Not expected to occur. Project site vernal pools and
Thread- leaved brodiaea
Blooming window: Mar -Jun.
hydrology typically associated with (his species. Flabitat
Elevation: 25- 860111(82 -2821 ft)
conditions on site are not conducive to support this species.
(Brodiaea filfifolia)
No further project action needed.
Life Form: perennial bulbiferous herb
Counties: Los Angeles, Orange, Riverside
Intermediate mariposa lily
Veg. Comm.: Chaparral; Coastal scrub,. Valley and foothill
Not expected to occur. Project site lacks grassland typically
grassland /rocky
associated with this species. Habitat conditions on site are not
(Calochornrs• weedii var.
Blooming Window: May -Jul.
conducive to Support this species. No bother project action
inlet inedius)
I
Elevation Window: 105 -855 in (344 -2805 ft)
needed.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Life Form: Perennial rhizomatous herb
Santa Barbara morning -glory
Counties: Los Angeles, Orange, Santa Barbara, Ventura
Not expected to occur. Project site lacks marshes and
Veg. Comm.: Marshes and swamps (coastal)
swamps typically associated with this species. Habitat
(Calyslegia sepimn ssp.
Blooming window: Apr.-May
conditions an site are not conducive to support this species.
binghmnioe)
I B
Elevation window: 0 -20m (0 -65ft)
No further project action needed.
Life Farm: Annual herb
Counties: Los Angeles, Orange, Santa Barbara
Veg. Conun.: marshes and swamps (margins), valley and
Surveys Recommended. Habitat conditions on site are not
Southern tarplant
foothill grassland (vernally ntesic), vernal pools
ideal to support this species but are nonetheless present.
Blooming window: May-Nov.
Surveys performed during the appropriate blooming window
(Cewroumclia par yi ssp. anstralis)
I B
Elevation window:0 -425m 0 -1394 ft)
would determine presence / absence.
Life Form: Annual herb
Orcutt's pincushion
Counties: Los Angeles, Orange, San Diego
Not expected to occur. Project site lacks sandy coastal bluff
Veg. Conlin.: sandy coastal bluff scrub acid dunes
scrub and dunes typically associated with this species.
(Chaenaclis glabrinsclda var.
Blooming window: Jan. -Aug.
Habitat conditions on site are not conducive to support this
orcernimm)
I B
Elevation window: 3 -I00nl (9 -328 ft)
species. No further project action needed.
Life Form: Annual herb
Counties: Los Angeles, Orange, Ventura
Surveys Recommended. Habitat conditions on site are not
San Fernando Valle s tinel'lower
Valley I
FC. SE, I B
Veg. Conlin.: open, sandy soils, valley and grassland foothills
ideal to support this species but are nonetheless present.
(Chori_nndve pnnyi var.
Blooming window: Apr.-Jul.
Surveys performed during the appropriate blooming window
jernanclina)
Elevation window: 150 -1220m (492- 4002ft )
would determine presence /absence.
Summer holly
Lire Form: evergreen shrub
Counties: Orange, San Diego
Not expected to occur. Project site lacks chaparral and
Veg. Conn.: chaparral,.cisniontane woodland
cisniontane woodland habitat typically associated with this
(Contarostnphylis diversifolia ssp.
Blooming window: Apr. -Jun.
species. Habitat conditions on site are not conducive to
diversifolio)
I B
Elevation window: 30 -550dt 98- I804ft)
support this species. No further project action needed.
Life Form: Annual herb hentiparasitic
Counties: Los Angeles . Orange
Sutwey Recommended. This species is known front coastal
Salt marsh bird's -beat:
PE, SB, 113
Ve • Count.: coastal dunes, marshes and swam s coastal salt
6 P ( )
bluffs and Newport Back Bay. Surveys performed during the
(Cnrclnlnndurs marilinmr ssp.
Blooming Window:
appropriate blooming window would determine
maritlmns)
0-30m (L
Elevation Windom,: 0 -30u (0 -98 ft)
presence /absence.
Life Forst: Perennial herb
Counties: Orange, Riverside, San Bernardino
Surveys Reconunended. Habitat conditions on site are not
Veg. Comm.: chaparral, coastal scrub, valley and foothill
ideal to support this species, however this species is known
Many - stemmed Dudleya
grassland, often clay soils
from the project region. Surveys performed during the
Blooming Window: Apr.-Jul.
appropriate blooming winclow would determine
(Dudleya mullicaielis)
I B
Elevation Window: I5 -790nt (49 -2592 ft)
presence /absence.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES I NATURA L
SPECIAL
COMMUNITIES
STATUS
RE'QUIREME'NTS
STATUS ON SITE
Life Form: Stoloniferous herb
Counties: Orange
Surveys Recommended. Flabital conditions on site are not
Laguna Beach (live - forever)
Veg. Comm.: cismontane woodland, chaparral, coastal scrub,
ideal to support this species, however this species is known
dudleya
valley and foothill grassland /rocky
front the project region. Surveys perfornleci during the
-,
Blooming Window: May -Jul.
appropriate blooming window would delernline
(Duclleyu slolonifero)
F'f, S'I I B
Elevation Window: 10 -260 at (32 -853 ft)
presence /absence.
Life Form: Perennial herb
Counties: Orange, Riverside, San Bernardino
Santa Ana woollystar
Veg. Comm.: chaparral, coastal scrub alluvial fan /sand of
b� I. ( fan) /sandy
Not expected to occur. Project site lacks chaparral and
gravelly
alluvial fm soils typically associated With this species.
(Eriasbvm cicnsifolitnn ssp.
Blooming window: May -Sep.
Habitat conditions on site are not conducive to support this
snnclorum)
FE, SE, IB
Elevation Window: 91 -610 in (299 -2001 ft)
species. No further project action needed.
Life Form: Shrub
Counties: Orange, Riverside, Los Angeles
Surveys Recommended. Habitat conditions on site suitable
Cliff spurge
Vcg. Conti.: coastal bluff scrub
to support this species. Surveys performed during the
Blooming window: Dec: Aug.
appropriate blooming window would determine
(Euphorbia miser°)
2
Elevation Window: 10 -500 nl (32 -1640 ft)
presence /absence.
Life Form: Perennial rhizontatous herb
Counties: Los Angeles, Orange, San Bernardino
Veg. Contra.: marshes and swamps (coastal salt and
Not expected to occur. Projecl site lacks marshes and
Los Angeles sunflower
freshwaler)
swamps typically associates) with this species. Habitat
Blooming window: Allg: OCt.
conditions oil site are not conducive to support this species.
(fleliandms nullollii ssp. porishii)
IA
Elevation Winslow: 10-1675m (32 -5495 ft)
No further project action needed.
Life Fono: Perennial herb
Counties: Los Angeles, Orange, Riverside, San Diego
Veg. Comm.: Chaparral, Cismontane woodland, Coastal
Not expected to occur. Project site lacks chaparral,
1
Mesa horkelia
scrub /sand or ravel)
gravelly y
cismontane woodland, and sandy soils typically associated
%
Blooming window: Feb.-JUL
with this species. Habitat conditions an site are not conducive
(Horkelia cunecuo ssp. puherula)
I B
Elevation Window: 70 -810m (230 -2658 ft)
to Support this species. No further project action needed.
Life Form: Annual /perennial herb
Counties: Los Angeles, Orange, Riverside
Veg. Comm.: marshes and swamps (coastal salt), playas, vernal
Not expected to occur. Project site lacks marshes, swamps,
Coulter's goldfields
pools
and vernal pools typically associated with this species.
Blooming window: Feb.-Jun.
Habitat conditions on site are not conducive to support this
(Laslhenia glnhraln ssp. conheri)
I B
Elevation Window: 1 -1220m (3 -4003 ft )
species. No further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Life Form: Annual herb
Counties: Los Angeles, Orange, Riverside, Santa Barbara
Not expected to occur. Project site lacks marshes and
Mud nama
\'e Comm.: marshes and swam a coastal salt
g' l (coastal
swamps typically associated with this species. Habitat
Blooming window: .lan : ,lul.
conditions oil site are not conducive to support this species.
(Hama s'tenocarplim)
2
Elevation Window: 5 -500nt (16 -1640 ft)
No further project action needed.
Life Form: Perennial rhizontatous herb
Counties: Los Angeles, Orange, Santa Barbara
Not expected to occur. Project site lacks marshes and
GambePs water cress
Veg. Carnal.: marshes and swam s freshwater or brackish
g• P (freshwater
swamps typically associated with this species. Habitat
Blooming window: Apr.-Sep.
conditions on site are not conducive to support this species.
(Arnstartinm gun6elli)
FE, I
Elevation Window: 5 -330m 16 -1083 ft)
No further project action needed.
Life Form: Annual herb
Counties: Los Angeles, Orange, Riverside
Veg. Comm.: meadows and seeps, valley and foothill
Not expected to occur. Project site lacks seeps, grassland,
Prostrate vernal pool navarrelia
mssland alkaline vernal ools /mesic
(° ): p
and vernal pools typically associated with this species.
Blooming
131ooming window: Apr.-Jul.
Habitat conditions on site are not conducive to support this
(Aravorrelia prosiram)
I B
Elevation window: 15 -700m (49- 229611)
species. No father project action needed.
Life Form: Annual herb
Coast wooly -heads
Counties: Los Angeles, Orange, San Diego
Not expected to occur. Project site lacks coastal dunes
Veg. Conan.: coastal dunes
typically associated with this species. Habitat conditions on
(1Vemocmdis dermdole vat.
Blooming window: Apr.-Sep.
site are not conducive to support this species. No f rthei
denadala)
113
Elevation window: 0 -1 OOnt (0 -954 ft)
project action needed.
Life Form: Annual herb
Counties: Los Angeles, Riverside, San Diego
Not expected to occur. Project. site lacks vernal pools
California orcuff grass
Veg. Comm.: vernal tools
6 I
typically associated with this species. Habitat conditions on
Blooming window: r \pr: Aug.
site are not conducive to support this species. No Further
(Orcutlia calijornictr)
17L", Sc, I B
Elevation window: 15 -660nt (49 -2165 ft)
project action needed.
Life Form: Annual herb
Counties: Orange, Riverside, San Diego
Not expected to occur. Project site lacks valley and foothill
Pen[achaeta
•
Veg. Comm.: valley and foothill grassland
S
grassland typically associated with this species. Habitat
:
Blooming window: Mar.-Jun.
conditions on site are not conducive to. support this species.
(Penlachaela ourea ssp. edlenii)
I B
Elevation window: 75 -520nt (246 - 170611)
No further project action needed.
Life Form: Evergreen shrub
Counties: Orange, San Diego
Not expected to occur. Project site lacks chaparral and
Nuttall's scrub oak
Veg. Comm.: closed -cone coniferous forest chaparral
closed -cone coniferous forest typically associated with this
Blooming window: Feb.-Apr.
species. Habitat conditions on site are not conducive to
(Quercus dumosa)
I B
Elevation window: 15 -400 49- 1312ft)
support this species. No further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Life Form: rhizotontatous herb emergent
Counties: Orange, Ventura
Not expected to occur. Project. site lacks marshes and
Sanford's arrowhead
Veg. Convn.: marshes and swam a
g' P
swamps typically associated with this species. Habitat
Blooming window: May -Oct.
conditions on site are not conducive to support this species.
(S'agillaria snn/brclii)
I B
Elevation window: 0 -650nt (0 -2132 ft)
No further project action needed,
Life Form: Annual herb
Counties: Los Angeles, , Orange, Riverside, Santa Barbara
Veg.
Veg. Comet.: chaparral, cismontane woodland, coastal
Not expected to occur. Project site lacks chaparral,
Chaparral ragwort
alkabne
cismontane woodland, and alkaline soils typically associated
Blooming window: tan.-Apr.
with this species. Habitat conditions on site are not conducive
(S'enecio nphmmclis)
2
Elevation Window: 15 -800nt 49 -2625 ft)
to support this species. No further project action needed.
Life Form: Perennial herb
Counties: Kern, Los Angeles, Orange, Riverside, San Diego
Veg. Comm.: chaparral, lower montane coniferous forest.
Not expected to occur. Project site lacks chaparral,
Salt spring checkerbloorn
Mcijavean desert scrub, Playas / allaline, mesic
coniferous forest, and soils typically associated with this
Blooming window: Mar. -Jun.
species. Habitat conditions on site are not conducive to
(Siclnlcea neomevica °O)
2
Elevation Window: 15-1530m 49 -5020 ft)
support this species. No further project action needed.
Life Form: Perennial herb
Counties: Orange, Los Angeles, San Diego
Not expected to occur. Project site lacks marshes and
Estuary seablite
Veg. Comm.: marshes and swans rs
b I
swamps typically associated with this species. Habitat
Blooming window: May-Oct.
conditions on site are not conducive to support this species.
(Sunecla esveroa)
I B
Elevation window: 0 -5nt (0 -I6 ft)
No further project action needed.
Life Form: Perennial rhizornatous herb
Counties: Los Angeles, Orange, Riverside, San Diego
Veg. Comm.: cismontane woodland, coastal scrub, lower
montane coniferous forest, meadows and seeps, marshes and
Not expected to occur. Project site lacks meadows, seeps,
San Bernardino aster
sworn s valley and foothill grassland vernal) mesic
p y ` g ` (vernally )
marshes, swamps and hydrology typically associated with this
Blooming window: Jul. -Nov.
species. Habitat conditions on site are not conducive to
(Symphvou ichum clejolioium)
113
Elevation Window: 2- 2040nt (7 -6693 ft)
support this species. No further project action needed.
Life Form: Perennial herb
Counties: Orange
Surveys Recommended. Habitat conditions on site are
Big- leaved crown heard
Veg. Comm.: chaparral and coastal sage scrub
suitable to support this species. Surveys performed during the
Blooming window: Apr.-Jul.
appropriate blooming window would determine
(Verhesinacliss•im)
F'I', S'1', I
Elevation Window: 45 -205m (147 - 67211)
presence /absence.
WILDLIFE
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
. Roosts located in wind protected tree groves (Eucalyptus,
Not expected to occur. Project site lacks large stands of trees
Monterey Pine, Cypress) with nectar and water sources nearby.
typically associated with this species. Habitat conditions on
Monarch
Winter roost sites extend along the coast from northern
site are not. conthicive to support this species. No father
(Dmrcros p/esippua)
- --
Mendocino to Northern Baja, California.
project action needed.
Requires interstitial spaces within chaparral and coastal sage
Quinn checkerspotbuttei�fly
scrub. Prefers hills and mesas with high densities of food plants
Not expected to occur. Project site lacks food sources.
such as ! lanmgo erecln, ! lcuuago insuldris,Oivhocarpus
Habitat conditions on site are not conducive to support this
(Euphyclryos edilha quino)
FE
purpurescens.
species. No further project action needed.
Limited to a small number of vernal pools, all in Riverside, San
Diego, or coastal Orange counties. This small (less than an inch
long) shrimp spends late spring and summer as an encysted
embryo, lying in the soil left behind when the pools dry up.
After the rains of winter arrive, filling the pools again, the
larvae emerge and mature into adults, filter feeding on detritus
Not expected to occur. Project site lacks vernal pools and
and zooplankton. Tends to be found only in deeper, more
appropriate hydrology typically associated with this species.
San Diego Fairy shrimp
dependable pools. Survival of this species is further challenged
Habitat conditions on site are not conducive to support this
(Branchinecla sandiegonensis)
FE
by its inability to tolerate muddy, salty, or alkaline conditions.
species. No further project action needed.
Restricted to sleep seasonal vernal pools, ephemeral ponds, and
steel< ponds and other human modified depressions within
annual grasslands (may be interspersed w/ chaparral or sage
scrub); prefers warm -water pools that have low to moderate
dissolved solids, are less predictable, and remain filled for
Not expected to occur. Project site lacks vernal pools and
Riverside Fairy Shrimp
extended periods of tine. In Riverside County, found in pools
appropriate hydrology typically associated with this species.
formed over the following soils: Murrieta stony clay loans, Las
Habitat conditions on site are not conducive to support this
(SYeplocephnhrs uvoouoni)
PE
Posas series, Wyman clay loam, and Willows soils.
species. No further project action needed.
Native populations are Found only in the Los Angeles
(extirpated ?), San Gabriel, and Santa Ana river systems of
southern California; most streams in which Santa Ana Suckers
live are fairly small and shallow, with currents ranging from
swift to sluggish; all are subject to periodic severe flooding;
most abundant where the water is cool and unpolluted, though
Not expected to occur. Project site lacks appropriate
they can survive in fairly turbid water; boulders, rubble, and
hydrology typically associated with this species. Habitat
Santa Ana sucker
sand are the main bottom materials with which they are
conditions on site are not conducive to support this species.
(Camsrolnus sanloanoe)
FT, SSC
associated, together with growths of filamentous algae and
Chara
No further project action needed.
Sensitive Species Table December 2006
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Not expected to occur. Project site lacks appropriate
Southern steelhead
Inhabits Santa Maria River south to southern extent of range
hydrology typically associated with this species. Flabitat
which is San Mateo Creck in San Diego County. Needs
conditions on site arc not conducive to support this species.
(Oncorhynchus mykis irideuss)
PE
ternument water source.
No further project action needed.
Historically, the Los Angeles basin provided shallow, brackish
lagoon habitat suitable for the tidewater goby. Currently,
Not expected to occur. Project site lacks appropriate
Tidewater. goby
however, this area is a a between Santa Monica in western
gap (
hydrology typically associated with this species. Habitat
Los Angeles County) and Aliso Creeks (in Orange County)
conditions on site are not conducive to support this species.
(Eucyclagobius net +berg +i)
PE, SSC
populations.
No further project action needed.
Not expected to occur. Project site lacks appropriate
California red - legged frog
Inhabits slit-Libby or emergent riparian vegetation with dense
y g p g
hydrology typically associated with this species. Habitat
sources of deep water. Needs permanent water source. Occurs
conditions on site are not conducive to support this species.
(Rana aurora drayroni)
I'T
in lowlands and foothills in or near permanent water sources.
No further project action needed.
Pound in foothill canyons and inter - mountain valleys where the
Not expected to occur. Project site lacks appropriate
Arroyo toad
river is bordered by low hills and the stream gradient is low.
hydrology typically associated with this species. Habitat
-E,
Extreme habitat specialist restricted to riparian environments in
conditions on site are not conducive to support this species.
(Bufo califoniicus)
I SSC
the middle reaches of third order streams.
No further project action needed.
Range front near Redding, Shasta County, in north central
California south into NW Baja California, and entirely west of
the Sierra Nevada and deserts; known elevational range is from
sea level to about 1363 in (4472 ft); require temporary rain
Not expected to occur. Project site lacks appropriate
Westernspadefoot
pools with water temperatures between 48° and 86° f. (90 and
I p
hydrology typically associated with this species. Habitat
30° C) lasting upwards of 3 week; disturbance tolerance can be
conditions on site at not conducive to support this species.
(Spea harurnondii)
SSC
high.
No further project action needed.
Distributed from just north and west of Ventura County, along
the coastal slope southeastward into northern Baja California;
variety of vegetation communities, from grasslands and
shrublands to woodlands; including coniferous forests. Critical
Coast San Diego horned lizard
factors are the presence of loose soils with a hish sand fraction:
Not expected to occur. Project site lacks abundance of food
an abundance of native ants or other insects, especially
source and vegetation community typically associated with
(Phrynosoma
harvester ants and the availability of
this species. Habitat conditions on site are not conducive to
coronaium)(bloinvillii population)
SSC
basking and dense
both sunny Baskin � s tots and dense cover for refuge.
support this species. No further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
It occurs in Orange County, western Riverside (inland to
northeast oFAguanga) and San Diego counties, and north to
sites in Colton and the west end of the Crofton Mills, both in
San Bernardino County. Most California populations occur on
or adjacent to floodplaius or the terraces of streams, in or by
Open sage scrub and chaparral communities. The presence of
perennial shrubs appears to be important, with the most strongly
Not expected to occur. I?rojecl site lacks preferred habitat
u
Oran,,e- throated
associated species being California buckwheat brio onmrr
I g ( g
conditions to support this species (i.e. washes and sandy areas
Whipsit
Whiptail
fnccic•ulnnmi), chamise (Adeuos•rornnfnsciculn ( unr), white sage
,
(Salvia apiana), and black sage (Salvia nielhfera), all regionally
with patches of brush and rocks). No Further project action
(Aspidoscelis hyperydhrus beldingi)
SSC
abundant species.
needed.
Silvery legless lizard
Not expected to occur. Project site lacks preferred habitat
This species prefers soils with a high moisture content, sandy or
conditions to support this species (i.e. moist soils with sparse
(Anuiello pulchro pulchro)
loose loamy soils under sparse vegetation.
vegetation). No further project action needed.
Coronado skink
Species prefers early successional stages or open areas found in
rocky areas close to streams and on dry hillsides, grassland,
Not expected to occur. Project site lacks preferred habitat
(Eunreces skihonianus•
chaparral, pinion - juniper and juniper sage woodland, pine -oak,
conditions to support this species. No further project action
inlerpariemlis)
and pine forests in coast ranges of southern California.
needed.
As tar north . as Puente Hills in Yorba Linda and sw San
Bernardino County, and occurs south to Loreto, Baja California,
Mexico; known eleva[ional range is sea level to just under1520
in (5000 R), but apparently rare above about 1200 in (3940 I4);
Red diamond rattlesnake
greatest frequency in areas of heavy brush, such as Chamisal
Not expected to occur. Project site lacks preferred habitat
chaparral, but also in open areas at lower densities; boulders and
conditions to support this species. No further project action
(Crornlus ruber rubcr)
rocky outcrops.
needed.
Inhabits open, dry, nearly or quite level, grassland; prairie;
desert floor. [it coastal So. Ca., a substantial fraction birds are
found in microhabitats highly altered by man, including flood
control and irrigation basins, dikes, and banks, abandoned fields
Burrowing Owl
surrounded by agriculture, and road cuts and margins. Will also
Not expected to occur. Project site lacks appropriate habitat
occupy man -made niches such as banks and ditches, piles of
conditions to support this species including grassland, open
(.41hene amiculnrio)
SSC
broken concrete, and even abandoned structures.
dry ateas for foraging. No Further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
10
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
This small species of plover is widespread in the northern
hemisphere. Habitat requirements include open, relatively flat
areas with little or no vegetation. This includes undisturbed
beaches, salt flats, playas, dredge spoils, levees, and even river
bars. 13eac11es utilized are usually not backed by Bluffs (Page
and Stenzel 1981). Winter distribution is more coastal, and may
include sewage treatment ponds and agricultural wastewater
Not expected to occur. Project site lacks preferred habitat
Western Snowy plover
sites. Food is virtually all aquatic and terrestrial invertebrates,
conditions to support this species as the relatively small and
which is typically captured through active observation, . running,
isolated beach is backed by bluffs. No further project action
(Charadrius alexandrines ninosus)
FT, SSC
and then gleaning front the ground surface.
needed.
Not expected to occur. Project site lacks grassland and
Occurs in California primarily as a summer resident from march
fallow areas preferred by this species. Habitat conditions on
Grasshopper sparrow
to September. Nests on the ground and is found in fallow fields,
site are not conducive to support this species. No further
( 6muodrmnus sanannarum)
SSC
grasslands, and pastures.
project action needed.
Nests in low thickets in riparian habitats; eats a variety of
insects, and has the unusual habit of singing both day and night.
Not expected to occur. Project site lacks dense thickets of
R is a local and uncommon breeder and rare migrant across So.
riparian vegetation preferred by this species. Habitat
Yellow- breasted chat
Ca. Known elevational range extends from I80 feet (55 in)
conditions on site are not conducive to support this species.
(kieria virens)
SSC
below sea level to at least 4700 feet (1433 m).
No fmther project action needed.
Non - migratory, obligate resident within a subset of coastal sage
Not expected to occur. Project site lacks substantial coastal
Coastal cactus wren
scrub habitats; require the presence of, but are not entirely
sage scrub with a cactus component preferred by this species.
(Campylorhunchus bi unneicapillus
restricted within, relatively arborescent (over I meter tall)
Habitat conditions on site are not conducive to support this
sandiegensis)
SSC
stands of several species of cactus (Oprortia spp.)
species. No further project action needed.
Year -around resident of sage scrub of several subtypes; within
California it is found from the Mexican border north to extreme
eastern and southern Los Angeles County with several small,
Not expected to occur. Project site lacks substantial coastal
disjunct populations known north to the Moorpark area of
sage scrub required by this species. Habitat conditions on site
Coastal California Gnatcatcher
Ventura County. It extends east into western San Bernardino
are not conducive to support this species. No further project
(Polioprila cerlifornica cdlijornica)
I PT, SSC
County and well across cisntontane Riverside County.
action needed.
Sensitive Species Table December 2008
Aede Residential Project
11
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
This tiny rail is a year round resident in a variety of marshy
habitats, and is primarily restricted to the San Francisco Bay,
with smaller numbers in wetlands from the Salton Sea area,
Imperial and Riverside counties, through Arizona (Evens et al.
I99I). "['his secretive subspecies is believed to have declined
California black rail
because of loss and degradation of wetland habitats, and it is
g`
Not expected to occur. Project site lacks appropriate wetland
vulnerable to continued declines. This species also inhabits
habitat conditions typically associated with this species.
(Laterallus jnnmicensis
areas of bulrush (S'cirpvs cali(ornicas). During [he non- breeding
Habitat conditions on site are not conducive to support this
coturniculus)
ST
season, they preficr areas close to upland habitat types.
species. No further project action needed.
This species is expected to forage within the Newport Harbor.
This bird skims along surface coastal waters for fish and can be
seen feeding along quiet, protected waters as well as in open
"Phis
Black skimmer
nearshore waters. Most commonly seen in the project region
Not expected to occur. species can potentially Forage in
during July and August when post - breeding dispersal from
the bay but will not be directly affected by the project. No
(Rynchops niger)
SSC
larger breeding colonies occurs alon the coast.
further project action needed.
This species was common until the endof the l9' century and is
now extremely rare off the coast from the west coast of the
Attention Islands and California. Breeds on islands off southern
Short - tailed albatross
.Japan. Uncommon visitor from nesting grounds in Central
Not expected to occur. Project site lacks preferred habitat
Pacific to cold open ocean waters far offshore; most numerous
conditions to support this species. No further project action
(Phoebasrino1botrus)
PE
ol'fAlaska.
needed.
Inhabitant of extensive riparian forests; it has declined front a
fairly common, local breeder in much of California. Relatively
Western yellow - billed cuckoo
broad, well- shaded ripen ion forests are utilized, although it
Not expected to occur. Project site lacks appropriate dense
tolerates some disturbance. A specialist to some degree on tent
riparian habitat required by this species for nesting and
Cocc +-us americ•anu.r
( �-
caterpillars, with a remarkably fast development of young
foraging Habitat conditions on site are not conducive to
g °'
occidentalis)
FC, SE
covering only 18 - 21 days from incubation to fledging.
support this species. No further project action needed.
Sensitive Species Table December 2008
Aerie Residential Project
12
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STA'T'US ON SITE
Breeding distribution extends northwest to Santa Barbara
County (rarely to Monterey County and formerly to the northern
Sacramento Valley), northeast to Inyo County, south into
northern Baja California, Mexico, and east into the edges of the
deserts at a few points such as at the Mohave River (USFWS
1998). Nesting elevation ranges From below sea level to at least
4100 feet. Species selects dense vegetation low in riparian
zones for nesting; most frequently located in riparian stands
Not expected to occur. Project site lacks appropriate riparian
between 5 and 10 years old; when mature riparian woodland is
habitat required by this species for nesting and foraging.
Least Bell's vireo
selected, vireos nest in areas with a substantial robust
hlabitat conditions on site are not conducive to support this
(Vireo hellii pusilhls)
FE, SE
understory of willows as well as other plant species
(Goldwasser 1981.
species. No further project action heeded.
Occurs in riparian habitats along rivers, streams, or other
wetlands, where dense growths of willows (Salix spp.),
Baccharis spp., Arrowweed (Pluchea spp.), buttonbush
Not expected to occur. Project site lacks appropriate riparian
Southwestern willow flycatcher
(Cephalam urs spp.), tamarisk (Tanwrix sop.) Russian olive
habitat required by this species for nesting and foraging.
(Eleognus spp.) or other plants are present, often with a
Habitat conditions on site are not conducive to support this
(Empidonox i raillii erlriruus)
FE
scattered overstory of cottonwood (Po ulus sop.).
species. No further project action needed.
Forages in open country of many types (including non- intensive
agriculhnal areas) and nests in small trees and large shrubs,
often at the edges of such open areas. Like most birds of prey.
Not expected to occur. Project site lacks preferred habitat
Loggerhead shrike
Loggerhead Shrikes generally occur at low densities. The
conditions to support this species. No further project action
(Lanius ludoviciamis)
species is widely distributed in Southern California, with some
needed.
—
seasonal movements evident.
With agricultural and urban development, this species has been
restricted to only a few sites in Los Angeles and Orange
Clark's marsh wren
counties, but has spread southward to San Diego County. Tbis
species is known from Upper er Newport Bay. Species restricted
I I I I Y I
Not expected to occur. Project site lacks preferred habitat
to freshwater and brackish marshes dominated by bulrushes or
conditions to support this species. No further project action
(Cisiolhotispaluslrisclarkae)
_
cattails,
needed.
Nests uncommonly in the upper story of riparian habitats in
Western Yellow warbler
Southern California, especially alder woodland and forest. It is
also a common, widespread migrant in spring and fall.
Not expected to occur. Project site lacks preferred habitat
occupying a wide variety of habitats at that tinge. It is extremely
conditions to support this species. No further project action
(Dendroica pelechia breimleri)
_
rare in winter.
I needed.
Sensitive Species Table December 2008
Aerie Residential Project
13
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
This [lark subspecies of Savannah Sparrow is a locally common
non - migratory resident of coastal saltnlarsh. It is distributed
Ii-on1 northwestern Baja California north to Santa Barbara
County. This subspecies was formerly numerous and
widespread within this restricted range, as noted by Willett
(1912). Although the majority of its subsistence stems from the
saltnlarsh and closely adjacent nludflat, individuals, particularly
Belding's savannah sparrow
post- breeding birds, can be found foraging in a wide variety of
Not expected to occur. Project site lacks appropriate
habitats including upper marsh, adjacent ruderal and ornamental
salhnarsh or nludflat habitat required by this species. Habitat
(Passercuhrs.stnuhrichensic
vegetation, open beach and mudflat, and even dirt and gravel
conditions on site are not conducive to support this species.
beldingi)
SE
Larkin, lots.
No further project action needed.
This subspecies of the large and widespread Clapper Rail is
restricted to the lower elevations of coastal marshes with active
tidal flow from Hueneme, Ventura County (formerly to Santa
Barbara County), Newport Beach, south to Bahia de San
Not expected to occur. This species is known from Newport
Quintin, Baja California, Mexico. This species is partial to
Back Bay. Project site lacks coastal marshes required to
Light- footed clapper rail
cordgrass with full tidal flushing. No substantial seasonal
support this species. Habitat conditions on site are not
V
movements occur, although rare individuals wander away from
conducive to support this species. No further project action
(Rallus longirosn'is leripes)
FE, SE
known breeding locales.
needed.
This subspecies, the only Least Terns on the west coast of North
America, historically bred in scattered, mostly small colonies
along . the coast from Monterey Bay south into Baja California.
Today they breed in far fewer colonies, heavily managed to
control predators and human disturbance, from San Francisco
Bay (Ahuneda County) south to a few sites along the Pacific
Coast of Baja California, Mexico. Nesting habitat occurs in
Upper Newport Bay and the Santa Ana River Mouth. This
species will forage in nearshore waters of Newport Flarbor and
Upper Bay channels. The species feeds by diving for small
surface fish. Colonies are located near the ocean shoreline
(within 0.5 mile [about 800 meters]), typically on nearly Flat,
loose sandy substrates with lightly scattered short vegetation
and debris, although sonic colonies have been located on hard -
Califonlia least tern
packed surfaces, even unused asphalt. Colony sites must
Not expected to occur. Project site lacks appropriate habitat
provide access to the shoreline forjuveniles and must be
conditions to support this species. No further project action
(Slernula anlillarmn brmrni)
PE, SE
relatively Gee of predators.
needed.
Sensitive Species Table December 2008
Aerie Residential Project
14
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Present. This species was observed resting on the existing
Brown pelican
Species uses the Harbor for foraging and roosting only; breeds
dock within the project site. Forages and rests in project area.
(Pelecnnus occielcnudis
on the Channel Islands and islands off the coast of Baja
Abundant: resting locations are adjacent to the project. No
cn/ifornicus)
FE, SE
California. Species lalown from Newport Harbor.
further project action needed.
Formerly a fairly common breeder in much of coastal Southern
California but now nearly extirpated in this role due to loss of
native open habitats, especially marshes. It remains fairly
Not expected to occur. Project site lacks preferred habitat
Northern harrier
common in open country with low human disturbance during
conditions to support this species. No further project action
(Circus cyaneus)
migration and in winter.
needed.
Southern California salt riat'sh
Not expected to occur. Project site lacks coastal marshes and
Found in coastal marshes in Los Angeles, Orange and Ventura
dense vegetation and leaf litter preferred by this species.
shrew
Counties. Requires dense vegetation and woody debris for
Habitat conditions on site are not conducive to support this
(Sorer ornnrus snlicornicus)
SSC
cover.
species. No further project action needed.
South coast marsh vole
Not expected to occur. Project site lacks tidal marsh habitat.
Inhibits tidal marshes in Los Angeles, Orange, and southern
Habitat conditions on site are not conducive to support this
(rldicronrs cnlifmvricus svephensi)
SSC
Ventura counties.
species. No further project action needed.
Pacific pocket mouse
h m
Inhabits (lie narrow coastal plains fro the Mexican border
Not expected to occur. Project site lacks appropriate habitat
(Perognntlws longimembri,s
north to El Segundo in distinct locations. Prefer soils of file
conditions to support this species. No further project action
Pncificus)
I .-E, SSC
alluvial sands near the ocean.
needed.
Uncommon resident in southeastern San Joaquin Valley &
coastal ranges of Monterey County southward through So. Cal.
from the coast eastward to the Colorado desert; open at to
Western mastiff bat
semi -arid habitats Incl. conifer, deciduous woodlands,
Not expected to occur. Project site lacks appropriate habitat
grasslands, coastal scrub, chaparral, palm oases, desert scrub,
conditions to support (his species. No further project action
(Eumops Perolis cnlifornicus)
SSC
and urban.
needed.
Mexican loner tongued bat
Not expected to occur. Project site lacks appropriate habitat
Feeds on nectar and pollen of night- blooming succulents.
conditions to support this species. No further project action
(Choeronpcleris mexicnnn)
SSC
Roosts in relative) well -lit caves, in and around buildings.
needed.
Sensitive Species Table December 2008
Aerie Residential Project
15
SPECIES /NATURAL
SPECIAL
COMMUNITIES
STATUS
REQUIREMENTS
STATUS ON SITE
Species is nearly restricted to Mexico, with small numbers of
incursions recorded into the developed portions of western San
Diego County and a few additional records elsewhere in the
Big free - tailed bat
state. This species roosts in high rock crevices and cliffs, and
Not expected to occur. Project site lacks appropriate habitat
forages primarily on large moths, especially over water.
conditions to support this species. No further project action
(Nyctinomops macrolis)
SSC
Habitats are arid, in rough, rocky country.
needed.
Sighting reports indicate that the greatest badger abundance
occurs in the northeastern region of the state and along the south
American badger
coastal area, and a moderate number occurs in the southeastern
Not expected to occur. Project site lacks appropriate habitat
desert areas, on the east side of the southern Sierra Nevada, and
conditions to support this species. No further project action
(Taxidea rarus)
SSC
in the southernmost portion of the San Joaquin Valley.
needed.
Common throughout state except at high elevations in
San Diego black - tailed jackrabbit
herbaceous and desert shrub areas, sage scrub, grasslands, open
Not expected to occur. Project site lacks preferred habitat
chaparral and woodland /forest areas; relatively disturbance
conditions to support this species. No further project action
(Lepus californicus benneiiii)
_
tolerant.
needed.
Distributed from central California southward well into Baja
California, Mexico; locally common in a variety of sunny shrub
San Diego desert woodrat
habitats, frequently in rocky and /or steep terrain and upper
Not expected to occur. Project site lacks preferred habitat
drainages; often builds its dens low in cactus or rock crevices,
conditions to support this species. No further project action
(Neoloma lepida iniermedia)
_
but will use other sites as needed.
needed.
Known from nearshore marine environments from Ano Nuevo
Southern sea otter
San Mateo County to Point Sal, Santa Barbara County. Species
Not expected to occur. Project site lacks preferred habitat
required canopies of giant kelp and bull kelp for rafting and
conditions to support this species. No further project action
(Enhy&,a haris nereis)
FT
feeding. Prefers rocky substrates with abundant invertebrates.
needed.
Not expected to occur. Not abundant in Newport Harbor but
species is present around the Pavilion. This species is
California sea lion
addressed in the Marine Biological Impact Assessment May
(Zalophus californiamrs)
MMA
Nearshore and open ocean waters
2008.
NATURAL COMMUNITIES
Southern Coastal Salt Marsh
CNDDB
Absent.
Southern Cottonwood Willow
Riparian Forest
CNDDB
Absent.
Southern Dune Scrub
CNDDB
Absent.
Sensitive Species Table December 2008
Aerie Residential Project
16
SPECIES /NATURAL
COMMUNITIES
SPECIAL
STATUS
REQUIREMENTS
STATUS ON SITE
Southern foredunes
CNDDB
Absent.
Sensitive Species Table December 2008
Aerie Residential Project
Appendix E
USFWS Species List
SM£NT OFT uR.
P �'(+ ns Hsvisocws
P !yo United States Department of the Interior
FISH AND WILDLIFE SERVICE
4Rery 3 �0 Ecological Services
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road, Suite 101
Carlsbad, California 92011
In Reply Refer To:
FWS- OR- 09BO104- 09SLO151 DEC 17 2008
Kimberly Svitenko
Senior Biologist
ICG Jones & Stokes
42145 Lyndie Lane, Suite 200
Temecula, California 92591
Subject: Request for Species List for the Proposed Aerie Residential Project, City of Corona
del Mar, Orange County, California
Dear Ms. Svitenko:
This letter is in response to your electronic mail request, received December 2, 2008, for a list of
federally endangered, threatened, and proposed species potentially present in the vicinity of the
above referenced project. To assist you in evaluating the potential occurrence of federally listed
endangered, threatened, proposed, and candidate species and their critical habitat that may occur
in the vicinity of the area identified, we are providing the enclosed list.
The primary mission of the U.S. Fish and Wildlife Service (Service) is to "work with others to
conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing
benefit of the American people." Specifically, the Service administers the Endangered Species
Act of 1973 (Act), as amended, and provides support to other Federal agencies in accordance
with the provisions of the Fish and Wildlife Coordination Act. Section 9 of the Act prohibits the
"take" (e.g., harm, harassment, pursuit, injury, kill) of federally listed wildlife. Take incidental to
otherwise lawful activities can be permitted under the provisions of section 7 (Federal
consultations) and section 10 (private permits) of the Act.
If a proposed project is authorized, funded, or carried out by a Federal agency and may affect a
listed species, then the Federal agency will consult with us on behalf of the applicant, pursuant to
section 7 of the Act. In other words, any activity on private land that requires Federal
involvement (such as the issuance of a section 404 permit under the Clean Water Act by the U.S.
Army Corps of Engineers) and may affect listed species must be reviewed by us to ensure that
the continued existence of the species would not be jeopardized. During the section 7 process,
measures to avoid and minimize project effects to listed species and their habitat will be
identified and incorporated into a biological opinion that includes an incidental take statement
that authorizes incidental take by the Federal agency and applicant.
TAKE PR1DE0&E -
1NAMC"RI4...f1 --- r
Kim Svitenko (FWS- OR- 09B0104- 09SL0151)
If a proposed project does not involve a Federal agency, but is likely to result in the take of a
listed animal species, then the landowner or project proponent should apply for an incidental take
permit, pursuant to section 10 of the Act. When an application is made for an incidental take
permit, measures to avoid, minimize, or mitigate for effects to listed species and their habitat will
be identified and incorporated into a habitat conservation plan. If the habitat conservation plan
and the application for the permit meet the issuance criteria, a permit authorizing incidental take
is issued.
We do not have on -the ground site- specific information for this area. Therefore, we recommend
that an assessment of the actual potential for direct, indirect, and cumulative impacts likely to
result from the proposed study be conducted by a biologist directly familiar with the habitat
conditions and associated species in and around the study area.
Please contact the California Department of Fish and Game for State - listed and other sensitive
species that may occur in the area of the project. State - listed species are protected under the
provisions of the California Endangered Species Act. Rare plant species that may occur in the
project area are included in the California Native Plant Society's (CLAPS) inventory of rare and
endangered vascular plants in California. State - listed and CNPS species require full
consideration under the California Environmental Quality Act.
Should you have any questions regarding the species list provided, or your responsibilities under
the Act, please contact Fish and Wildlife Biologist Jemtifer Wise of my staff at (760) 431 -9440,
extension 276.
Sincerely,
-lkf���
Karen A. Goebel
jf Assistant Field Supervisor
Enclosure
Kim Svitenko (FWS- OR- 09B0104- 09SLO151)
Federally Endangered, Threatened, Proposed, and Candidate Species that May Occur in the
3
Plants
Biaunton's milk -vetch Astragalus brainitonii endangered, CH
Ventura marsh milk -vetch Astragalus pyenostachyus var. lanosissinutr endangered, CH
thread- leaved brodiaea Brodiaeafilifolia threatened, CH
San Fernando Valley spineflower Chorizanthe parryi var. fernandina candidate
salt marsh bird's beak Cordylanthus maritime subsp. niarithnus endangered
Vicinity of Orange County, California
December 12, 2008
Common Name
Scientific Name
Federal Status'
Birds
western snowy plover
Charadrius alexandrinus nivosus
threatened, CH
yellow- billed cuckoo
Coccynis aniericanus
candidate
southwestern willow flycatcher
Empidonax traillh extimus
endangered, CH
brown pelican
Pelecanus occidentalis
endangered
Short- tailed albatross
Phoebastria albarrss
endangered
coastal California gnatcatcher
Polioptila californica californica
threatened, CH
light- footed clapper rail
Rallus longirostris levipes
endangered
California least tern
Sternula antillarinn browni
endangered
least Bell's vireo
Vireo bellii pusillus
endangered, CI4
Fish
Santa Ana sucker
Catostoinussantaanae
threatened, CH
Tidewater goby
Eucyclogobiris newberryi
endangered, CH
southern steelhead
Oncorhynchus nrykiss
endangered
Amphibians
arroyo toad
Bufo californicus
endangered, CH
California red - legged frog
Rana aurora draytoni
threatened, CH
Plants
Biaunton's milk -vetch Astragalus brainitonii endangered, CH
Ventura marsh milk -vetch Astragalus pyenostachyus var. lanosissinutr endangered, CH
thread- leaved brodiaea Brodiaeafilifolia threatened, CH
San Fernando Valley spineflower Chorizanthe parryi var. fernandina candidate
salt marsh bird's beak Cordylanthus maritime subsp. niarithnus endangered
Kim Svitenko (FWS- OR- 09B0104- 09SL0151)
Federally Endangered, Threatened, Proposed, and Candidate Species that May Occur in the
Vicinity of Orange County, California
December 12, 2008
Common Name Scientific Name Federal Status'
Santa Monica Mountains dudleya
Laguna Beach live- forever
Santa Ana River woolly -star
Gambel's watercress
bia leaved crown beard
Invertebrates
San Diego fairy shrimp
Quino checkerspot butterfly
Riverside fairy shrimp
Plantntals
southern sea otter
Pacific pocket mouse
' CH - designated Critical Habitat
PCH - proposed Critical Habitat
Dudleya cyntosa subsp. ovatifolia threatened
Dudleya stolonifera threatened
Eriastrum densifolium subsp. sanctorum endangered
Rorippa gambellii endangered
Verbesina dissita threatened
Branchinpcta sandiegonensis endangered, CH
Euphydryas editha quino endangered, PCH
Streptocephalus woottoni endangered, CH
Enhydra haris nereis threatened
Perognathus longimembris pacificus endangered
0
SOIL
Sampling Point: 1
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Dept Matrix
Redo%Features
Primery Indicators lery one lncicalor is sufficient)
Mches) Color % Color (moist) % Tvae; Loa Texture Remelt
111 nN €— Lem CMU)S t/&V, �h
Water Marks (B1)(Wverine)
_ Surface Water (Al)
1,e. V9 t3
—
- --
Svi V —
D" Deposits (B3) (Rlverine)
_ SaturalJon(A3)
_ AGuedc Invertebrates (1213) _
Dahage Patterns (BID)
Water Marks (31) (Nonrivertne)
_ Hydrogen Sulfide Oda (CI) _
Dry - Season Water Table (C2)
_ Sediment Deposits (82) ( Nonriverne)
_ Oxld @ed Rhtaospheres along Living Roots (C3) _
Thln Muck Surface (C7)
_ DrM Deposits (83) (Nonrivertne)
_ Presence of Reduced Iron (C4) _
Crayfish Bunows (CB)
_ Surface Soft Cracks (B6)
_ Recent Iron Reduction In Plowed Solis (C6) _
Saturation Visible on Aerial Imagery (C9)
Inundation Vlsble on Aerial Imagery (B7) _ Other (E)Vain In Remarks) _
'7 : C--Concentration, D= Deoledon. RM=Reduced Matrix. 'Location: PL-P= Unin . RC --Root Channel, M--Matrix.
Hydnc Soil Indicators: (Applicable to all LRRS, unless otherwise noted.)
Indicators for Problematic Hydric Solis':
_ Hlslosol (At)
_ Sandy Redox (S5)
_ 1 cm Muck (AD) (LRR C)
_ Histic Epipedon (A2)
_ Stripped Matrix (S6)
_ 2 cm Muck (A10) (LRR B)
_ Black Hlstie (A3)
_ Loamy Mucky Mineral (F1)
_ Reduced Vertic (Fla)
_ Hydrogen Sulfide (A4)
_ loamy Gleyed Matrix (F2)
_ Red Parent Materiel (i r2)
_ Stratified Layers (A5) (LRR C)
_ Depleted Matrix (F3)
_ Other (Explain in Remarks)
_ 1 c-n Muck (A3) (LRR D)
_ Redox Dark Surface (F6)
includes cali frintall
_ Depleted Below Dark Surface (At 1)
_ Depleted Dark Surface (F7)
_ Thick Dark Surface (Al2)
_ Redox Depressions (F6)
Remarks:
_ Sandy Murky Mineral (Si)
_ Vernal Pods (F9)
'Indicators orhydrophytic vegetation and
_ Sandy Gleyed Matrix (S4)
watiand hydrology must be present.
Restrictive Layer (If present):
Type:
Depth (inches):
Hydnc Soll Resent? Yes_ No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary
Indicators (2 or more required)
Primery Indicators lery one lncicalor is sufficient)
_
Water Marks (B1)(Wverine)
_ Surface Water (Al)
_ Salt Crust (1311) _
Sediment Deposits (82) (Riverins)
High Water Table (A2)
_ Biietic Crust (B12) _
D" Deposits (B3) (Rlverine)
_ SaturalJon(A3)
_ AGuedc Invertebrates (1213) _
Dahage Patterns (BID)
Water Marks (31) (Nonrivertne)
_ Hydrogen Sulfide Oda (CI) _
Dry - Season Water Table (C2)
_ Sediment Deposits (82) ( Nonriverne)
_ Oxld @ed Rhtaospheres along Living Roots (C3) _
Thln Muck Surface (C7)
_ DrM Deposits (83) (Nonrivertne)
_ Presence of Reduced Iron (C4) _
Crayfish Bunows (CB)
_ Surface Soft Cracks (B6)
_ Recent Iron Reduction In Plowed Solis (C6) _
Saturation Visible on Aerial Imagery (C9)
Inundation Vlsble on Aerial Imagery (B7) _ Other (E)Vain In Remarks) _
Shallow Aqultard (03)
1 _ Water - Stained Leaves (139)
_
FAC- Neutral Test (05)
Field Observations•.
Surface Water Present? Yes _
No Depth (Inches):
Water Table Present? Yes—
NO Depth (inches):
Sau)atlon Present? Yes_
No _IVL_ Depth (Inches):
Wetland Hydrology
Present? Yes_ Nok
includes cali frintall
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), N available:
Remarks:
US Amy Corps of Engineers Arid West –Version 11.1 -2006