c) Detailed description of survey methodology.

Transcription

1 CITY OF LAGUNA BEACH BIOLOGICAL REPORT REQUIREMENTS August 2006 Biologic Reports shall be prepared by professionals in the fields of wildlife biology and botony. A professional wildlife biologist is a person with demonstrated expertise in the art and science of applying the principles of ecology to the sound stewardship and management of the wildlife resource and its environment. Botanical consultants should have experience conducting floristic field surveys; have knowledge of plant taxomony and plant community ecology; be familiar with the plants of the area, including rare, threatened, and endangered species; be familiar with the appropriate state and federal statutes related to plants and plant collecting; and have experience with analyzing impacts of development on native plant species and communities. Every report should contain the following information: a) A project description, including a detailed map of the project location and study area. b) A written description of biological setting referencing the community nomenclature used and a vegetation map. c) Detailed description of survey methodology. d) Dates of field surveys and total person-hours spent on field surveys. e) Results of field survey including detailed maps and specific location data for each plant population found. Investigations are encouraged to provide GPS data and maps documenting population boundaries. f) A complete assessment of the flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species and sensitive habitats. g) An assessment of potential impacts. This should include a map documenting population boundaries in the project area considering nearby populations and total species distribution. h) Discussion of the significance of rare, threatened, or endangered plant populations in the project area considering nearby populations and total species distribution following the Department of Fish and Game (Department) Guidelines (revised May 8, 2000) for Assessing Impacts to Rare Plants and Rare Natural Communities (see Attachment 1).

2 A complete assessment of sensitive fish, wildlife, reptile, and amphibian species. Seasonal variations in use of the project area should also be addressed. Focused species-specific surveys, conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Acceptable species-specific survey procedures should be developed in consultation with the Department and the U.S. Fish and Wildlife Service. (See the California Gnatcatcher Survey Protocol - Attachment 3.) A list of all plants observed on the project area. Plants should be identified to the taxonomic level necessary to determine whether or not they are rare, threatened or endangered. The Department of Fish and Game California Natural Diversity Data Base in Sacramento should be contacted at (916) to obtain current information on any previously reported sensitive species and habitat, including Significant Natural Areas identified under Chapter 12 of the Fish and Game Code. The state and federally-threatened big-leaved crown-beard (Verbesina dissita) is known to occur in the City of Laguna Beach. Focused surveys should be performed over the project site and vicinity to determine presencelabsence. Results of surveys and discussion of potential impacts should be discussed in the report. If determined to be present, the project should avoid impacts to the maximum extent feasible. Unavoidable impacts should be minimized and fully mitigated. The Department of Fish and Game considers Rare Natural Communities as threatened habitats having both regional and local significance. Thus, these communities should be fully avoided and otherwise protected from project-related impacts (see Attachment 2). Recommended measures to avoid impacts. Mitigation measures for project impacts to sensitive plants, animals, and habitats should emphasize evaluation and selection of alternatives, which avoid or otherwise minimize project impacts. Off-site compensation for unavoidable impacts through acquisition and protection of high-quality habitat elsewhere should be addressed. The Department of Fish and Game generally does not support the use of relocation, salvage, andlor transplantation as mitigation for impacts to rare, threatened, or endangered species. Department studies have shown that these efforts are experimental in nature and largely unsuccessful. Description of reference site(s) visited and phenological development of rare, threatened or endangered plant(s). Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms.

3 s) Name of investigator(s). t) References cited, persons contacted, herbaria visited, and the location of voucher specimens. The City of Laguna Beach Open SpaceIConservation Element of the General Plan identifies biologically sensitive resources and provides policies and guidance for the protection of the City's natural resources. This element (along with the Land Use Element) also serves as the City's Local Coastal Program under the 1976 California Coastal Act. The Open SpaceIConservation Element is based on three City-commissioned studies (Marsh 1983, 1992 and 1993) that included a citywide resource inventory and assessment. These studies identified a number of sensitive resources including "high" and "very high value" habitats; endangered, rare or distributionally restricted species; and significant watersheds and watercourses. These components comprise Environmentally Sensitive Areas (ESA) as defined by the California Coastal Act and the City's certified Local Coastal Program. The biological study must map and include a discussion of project impacts to these Environmentally Sensitive Areas. For projects located within the DiamondICrestview Specific Plan Area, the biological study must refer to the City commissioned biological study prepared by Marsh in 1991 as well as the Environmentally Sensitive Areas discussed above. A California Endangered Species Act (CESA) Permit must be obtained, if the project has the potential to result in "take" of species of plants or animals listed under CESA, either during construction or over the life of the project. CESA Permits are issued to conserve, protect, enhance, and restore State-listed threatened or endangered species and their habitats. Early consultation is encouraged, as significant modification to a project and mitigation measures may be required in order to obtain a CESA Permit. Revisions to the Fish and Game Code, effective January 1998, may require that the Department issue a separate CEQA document for the issuance of a 2081 permit unless the project CEQA document addresses all project impacts to listed species and specifies a mitigation monitoring and reporting program that will meet the requirements of a permit. For these reasons, the following information is requested: a. Biological mitigation monitoring and reporting proposals should be of sufficient detail and resolution to satisfy the requirements for a CESA Permit. b. A Department of Fish and Game approved Mitigation Agreement and Mitigation Plan are required for plants listed as rare under the Native Plant Protection Act.

4 Attachment 1 Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities State of California THE RESOURCES AGENCY Department of Fish and Game December 9, 1983 Revised May 8,2000 The following recommendations are intended to help those who prepare and review environmental documents determine when a botanical survey is needed, who should be considered qualified to conduct such surveys, how field surveys should be conducted, and what information should be contained in the survey report. The Department may recommend that lead agencies not accept the results of surveys that are not conducted according to these guidelines. 1. Botanical surveys are conducted in order to determine the environmental effects of proposed projects on all rare, threatened, and endangered plants and plant communities. Rare, threatened, and endangered plants are not necessarily limited to those species which have been "listed" by state and federal agencies but should include any species that, based on all available data, can be shown to be rare, threatened and/or endangered under the following definitions: A species, subspecies, or variety of plant is "endangered" when the prospects of its survival and reproduction are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, over-exploitation, predation, competition or disease. A plant is "threatened" when it is likely to become endangered in the foreseeable future in the absence of protection measures. A plant is. "rare" when, although not presently threatened with extinction, the species, subspecies or variety is found in such small numbers throughout its range that it may be endangered if its environment worsens. Rare natural communities are those communities that are of highly limited distribution. These communities may or may not contain rare, threatened or endangered species. The most current version of the California Natural Diversity Database's List of California Terrestrial Natural Communities may be used as a guide to the names and status of communities. 2. It is appropriate to conduct a botanical field survey to determine if, or to the extent that, rare, threatened, or endangered plants will be affected by a proposed project when: a. Natural vegetation occurs on the site, it is unknown if rare, threatened or endangered plants or habitats occur on the site, and the project has the potential for direct or indirect effects on vegetation; or b. Rare plants have historically been identified on the project site, but adequate information for impact assessment is lacking. 3. Botanical consultants should possess the following qualifications: a. Experience conducting floristic field surveys; b. Knowledge of plant taxonomy and plant community ecology; c. Familiarity with the plants of the area, including rare, threatened, and endangered species; d. Familiarity with the appropriate state and federal statutes related to plants and plant collecting; and, e. Experience with analyzing impacts of development on native plant species and communities.

5 4. Field surveys should be conducted in a manner that will locate any rare, threatened or endangered species that may be present. Specifically, rare, threatened or endangered plant surveys should be: a. Conducted in the field at the proper time of year when rare, threatened, or endangered species are both evident and identifiable. Usually, this is when the plants are flowering. When rare, threatened, or endangered plants are known to occur in the type(s) of habitat present in the project area, nearby accessible occurrences of the plants (reference sites) should be observed to determine that the species are identifiable at the time of the survey. b. Floristic in nature. A floristic survey requires that every plant observed be identified to the extent necessary to determine its rarity and listing status. In addition, a sufficient number of visits spaced throughout the growing season are necessary to accurately determine what plants exist on the site. In order to properly characterize the site and document the completeness of the survey, a complete list of plants observed on the site should be included in every botanical survey report. c. Conducted in a manner that is consistent with conservation ethics. Collections (voucher specimens) of rare, threatened or endangered species, or suspected rare, threatened or endangered species should be made only when such actions would not jeopardize the continued existence of the population and in accordance with applicable state and federal permit requirements. A collecting permit from the Habitat Conservation Planning Branch of DFG is required for collection of state-listed plant species. Voucher specimens should be deposited at recognized public herbaria for future reference. Photography should be used to document plant identification and habitat whenever possible, but especially when the population cannot withstand collection of voucher specimens. d. Conducted using systematic field techniques in all habitats of the site to ensure a thorough coverage of potential impact areas. e. Well documented. When a rare, threatened or endangered plant (or rare plant community) is located, a California Native Species (or Community) Field Survey Form or equivalent written form, accompanied by a copy of the appropriate portion of a 7.5 minute topographic map with the occurrence mapped, should be completed and submitted to the Natural Diversity Database. Locations may be best documented using global positioning systems (GPS) and presented in map and digital forms as these tools become more accessible. Reports of botanical field surveys should be included in or with environmental assessments, negative declarations and mitigated negative declarations, Timber Harvesting Plans (THPs), EIR's, and EIS's, and should contain the following information: a. Project description, including a detailed map of the project location and study area. b. A written description of biological setting referencing the community nomenclature used and a vegetation map. c. Detailed description of survey methodology. d. Dates of field surveys and total person-hours spent on field surveys. e. Results of field survey including detailed maps and specific location data for each plant population found. Investigators are encouraged to provide GPS data and maps documenting population boundaries. f. An assessment of potential impacts. This should include a map showing the distribution of plants in relation to proposed activities. g. Discussion of the significance of rare, threatened or endangered plant populations in the project area considering nearby populations and total species distribution. h. Recommended measures to avoid impacts.

6 i. A list of all plants observed on the project area. Plants should be identified to the taxonomic level necessary to determine whether or not they are rare, threatened or endangered. j. Description of reference site(s) visited and phenological development of rare, threatened or endangered plant(s). k. Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms. 1. Name of field investigator(s). m. References cited, persons contacted, herbaria visited and the location of voucher specimens.

7 Attachment 2 Sensitivity of Top Priority Rare Natural Communities in Southern California * Sensitivity rankings are determined by the Department of Fish and Game, California Natural Diversity Data Base and based on either the number of known occurrences (locations) and/or amount of habitat remaining (acreage). The three rankings used for these top priority rare natural communities are as follows: S 1. - Less than 6 known locations and/or on less than 2,000 acres of habitat remaining S2. - Occurs in 6-20 known locations and/or 2,000-10,000 acres of habitat remaining S3. - Occurs in known locations and/or 10,000-50,000 acres of habitat remaining The number to the right of the decimal point after the ranking refers to the degree of threat posed to that natural community regardless of the ranking. For example: S 1.I = Very threatened S2.2 = Threatened S3.2 = No current threats known Sensitivity Rankinas (February 1992) Rank S 1.1 S 1.2 Community Name Mojave Riparian Forest Sonoran Cottonwood Willow Riparian Mesquite Bosque Elephant Tree Woodland Crucifixion Thorn Woodland Allthorn Woodland Arizonan Woodland Southern California Walnut Forest Mainland Cherry Forest Southern Bishop Pine Forest Torrey Pine Forest Desert Mountain White Fir Forest Southern Foredunes Mono Pumice Flat Southern Interior Basalt F1. Vernal Pool Southern Dune Scrub Southern Coastal Bluff Scrub Maritime Succulent Scrub Riversidean Alluvial Fan Sage Scrub Southern Maritime Chaparral Valley Needlegrass Grassland Great Basin Grassland Mojave Desert Grassland Pebble Plains Southern Sedge Bog Cismontane Alkali Marsh

8 Rank S2.1 S2.2 S2.3 Cornrnunitv Name Venturan Coastal Sage Scrub Diegan Coastal Sage Scrub Riversidean Upland Coastal Sage Scrub Riversidean Desert Sage Scrub Sagebrush Steppe Desert Sink Scrub Mafic Southern Mixed Chaparrel San Diego Mesa Hardpan Vernal P. San Diego Mesa Claypan Vernal P. Alkali Meadow Southern Coastal Salt Marsh Coastal Brackish Marsh Transmontane Alkali Marsh Active Coastal Dunes Active Desert Dunes Stab. and Part. Stab. Desert Dunes Stab. and Part. Stab. Desert Sandfield Mojave Mixed Steppe Transmontane Freshwater Marsh Coulter Pine Forest S. California Fellfield White Mountains Fellfield Bristlecone Pine Forest Limber Pine Forest Coastal and Valley Freshwater Marsh S. Arroya Willow Riparian Forest Southern Willow Scrub Modoc-Great Basin Cottonwood Willow Rip. Modoc-Great Basin Riparian Scrub Mojave Desert Wash Scrub Engelmann Oak Woodland Open Engelmann Oak Woodland Closed Engelmann Oak Woodland Island Oak Woodland California Walnut Woodland Island Ironwood Forest Island Cherry forest S. Interior Cypress Forest Bigcone Spruce-Canyon Oak Forest

9 Attachment 3 Coastal California Gnatcatcher (Polioptila californica californica) PresenceIAbsence Survey Guidelines February 28, 1997 The coastal California gnatcatcher (Polioptila californica californica) was listed as threatened on March 25, 1993, under the Endangered Species Act of 1973, as amended (Act). The final rule for this action was published in the Federal Register on March 30, 1993 (58 Federal Register 16742). On December 10, 1993, pursuant to section 4(d) of the Act, the U.S. Fish and Wildlife Service (Service) defined specific conditions associated with certain land use activities under which incidental take of coastal California gnatcatchers and their habitat would not be a violation of section 9 of the Act (58 Federal Register 65088). The coastal California gnatcatcher, a small gray songbird, is a resident of scrub dominated plant communities from southern Ventura County southward through Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties, California into Baja California, Mexico, to approximately 30 degrees North latitude near El Rosario (American Ornithologists' Union 1957; Atwood 1980, 1990; Jones and Ramirez 1995). The coastal California gnatcatcher is strongly associated with sage scrub in its various successional stages. The majority of plant species found in sage scrub are low-growing, drought-deciduous shrubs and subshrubs, including California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), and sages (Salvia mellifera, S. apiana) (Holland 1986, Sawyer and Keeler-Wolf 1995). Other commonly occurring species include lemonadeberry (Rhus integrifolia), coast goldenbush (Isocoma menziesio, laurel sumac (Malosma laurina), boxthorn (Lycium spp.), cliff spurge (Euphorbia misera), and jojoba (Simmondsia chinensis). Succulent species, such as cacti (Opuntia littoralis, 0. prolifera, Ferocactus viridescens), and Dudleya spp. are represented in maritime succulent and southern coastal bluff scrubs. Sage scrub often occurs in a patchy, or mosaic, distribution pattern throughout the range of the coastal California gnatcatcher. Coastal California gnatcatchers also use chaparral, grassland, and riparian plant communities where they occur adjacent to or intermixed with sage scrub. Although existing quantitative data may reveal relatively little about coastal California gnatcatcher use of these other habitats, these areas may be critical during certain times of year for dispersal or as foraging areas during inclement conditions (e.g., drought). Breeding territories also have been documented in non-sage scrub habitat (e.g. chaparral and grasslandlruderal habitat). The breeding season of the coastal California gnatcatcher extends from about February 15 through August 30, with the peak of nesting activity occurring from mid-march through mid-may. Incubation takes 14 days. The young fledge at 8 to 13 days of age and are dependent upon their parents for as little as three to four weeks (ERCE 1990), but fledglings may associate with their parents for several months.

10 This protocol is based on the best available scientific information regarding the detectability of the coastal California gnatcatcher and is subject to change pending receipt of additional pertinent scientific data. Information used to create this protocol included: Braden and Woulfe (1995a, 1995b), Brussard et a/. (1992), Mock et a/. (1990), and other unpublished information in the Service files. The following protocol is issued as guidance to section lo(a)(l)(a) permittees. A section lo(a)(l)(a) permit under the Act shall be obtained prior to initiating any field surveys. Any surveys not conducted under a valid lo(a)(l)(a) permit will not be accepted by the Service. Failure to obtain a scientific permit prior to survey work may result in violation(s) of section 9 of the Act. I. Coastal California gnatcatcher surveys shall be completed by permitted biologists if proposed projects contain coastal sage scrub, alluvial fan scrub, chaparral, or intermixed or adjacent areas of grassland and riparian habitats, and is located within the range of this species. The protocol should be followed for all surveys unless otherwise authorized by the Service in writing. II. Ill. The permittee shall notify the appropriate Service Fish and Wildlife Office in writing, at least ten (10) working days prior to the anticipated start date of survey work and receive approval prior to beginning work. The Ventura Fish and Wildlife Office (2493 Portola Road, Suite B, Ventura, California 93003, Tel: , FAX ) shall be notified for all work in Ventura County and in the areas north and west of the San Gabriel Mountains in Los Angeles County. The Carlsbad Fish and Wildlife Office (6010 Hidden Valley Road, Carlsbad, California , Tel: , FAX ) shall be notified for all work south of the above areas. Jurisdictions partici~atinq in the NCCP interim section 4(d) process: The number of surveys conducted within active NCCP areas is based on the prior recommended guidelines and the fact that, through the interim section 4(d) process, loss of coastal sage scrub requires mitigation on a habitat basis, regardless of whether habitat is occupied by coastal California gnatcatchers. From February 15 and August 30, a minimum of three (3) surveys shall be conducted at least one week apart, to determine presencelabsence of coastal California gnatcatchers. Whenever possible, additional surveys should be conducted. Any deviation from this protocol will require concurrence from the Service. IV. All other iurisdictions: Breeding and non-breeding season survey protocol for presencelabsence of coastal California gnatcatchers in non-nccp areas are as follows: From March 15 through June 30, a minimum of six (6) surveys shall be conducted at least one week apart. The protocol for the breeding season was designed to provide a 95% confidence level of detecting coastal California gnatcatchers at a site when they are present. From July 1 through March 14, a minimum of nine (9) surveys shall be conducted at least two weeks apart. V. Surveys shall be conducted between 6:00 a.m. and 12:OO p.m. Surveys shall avoid periods of excessive or abnormal heat, wind, rain, fog or other inclement weather.

11 VI. VII. Taped coastal California gnatcatcher vocalizations shall be used only until individuals have been initially located. Tapes shall not be used frequently or to elicit further behaviors from the birds. Surveys shall be conducted by slowly walking survey routes. Sites with deep canyons, ridge lines, steep terrain, and thick shrub cover should be surveyed more slowly. Prevailing site conditions and professional judgment must be applied to determine appropriate survey rates and acreage covered per day. These factors may dictate that the maximum daily coverage specified below is not prudent under certain conditions. Jurisdictions participatinq in the NCCP interim section 4(d) process: No more than 100 acres (40 ha) shall be surveyed per biologist per day. All other iurisdictions: No ore than 80 acres (32 ha) shall be surveyed per biologist per day. VIII. IX. No attempts shall be made to closely approach or examine coastal California gnatcatcher nests unless authorized by Service permits. The permittee shall provide the following information in a report to the appropriate Service Fish and Wildlife Office, described above, and the California Department of Fish and Game within 45 days following the field surveys. A. The location of the survey area delineated on a 7.5 minute U.S. Geological Survey topographic map at 1 :24,000 and 1 :200 scale. B. Names of all biologists and associated personnel with reference to their section IO(a)(l)(A) permit number. A complete description of survey methods, including, the number of acres surveyed per biologist per hour and how many total acres surveyed per day per biologist, the number and dates of surveys, start and stop time of surveys, survey routes delineated on maps, the temperature and weather conditions at the beginning and end of each survey, and how frequently taped vocalizations were used. C. Written and mapped qualitative descriptions of plant communities (including dominant species and habitat quality) on and adjacent to the area surveyed. D. The number, age (adult, independent juvenile, dependent juvenile, recently fledged juvenile, nestling, unknown), sex of all coastal California gnatcatchers, and color band information (from top to bottom and from left to right) if any. These data also shall be plotted on 1:24,000 and 1 :200 scale maps of the survey area. E. Copies of all reports or other documents that include information gathered under the authority of Service permits (e.g., reports for clients prepared by consulting firm) shall be submitted to the appropriate Service Fish and Wildlife Office immediately upon completion. Rawlfield data, notes, and other information resulting form work conducted under this permit shall be submitted to the Service immediately upon request. This protocol was prepared by the Service's Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Rd, Carlsbad, California If you have any questions regarding the development of this protocol please call

12 Literature Cited American Ornithologists' Union Checklist of North American birds. 5th ed. American Ornithologists' Union, Washington, D.C. Atwood, J The United States distribution of the California black-tailed Gnatcatcher. Western Birds Atwood, J Status review of the California gnatcatcher (Polioptila californica). Manomet Bird Observatory, Manomet, Massachusetts. Braden, G. and M. B. Woulfe. 1995a. Observations on breeding season detectability and surveys for the California gnatcatcher (Polioptila californica californica). Unpublished manuscript submitted to Western Riverside Multiple Species Reserve Management Committee. Braden, G. and M. 6. Woulfe. 1995b. Observations on non-breeding season detectability and surveys for the California gnatcatcher (Polioptila californica californica). Unpublished manuscript submitted to Western Riverside Multiple Species Reserve Management Committee. Brussard, P. F., M. S. Gilpin, J. F. O'Leary, D. D. Murphy, and R. F. Noss Coastal Sage Scrub Survey Guidelines. Southern California Coastal Sage Scrub Scientific Review Panel. Environmental and Energy Service Company Phase I Report Amber Ridge California Gnatcatcher Study. Report for the County of San Diego Department of Planning and Land Use Environmental Quality Division. San Diego, California. Holland, R A Description of the Terrestrial Natural Communities of California. California Department of Fish and Game, October. Jones, C. and R. Ramirez Sighting of California Gnatcatcher in Ventura County. Poster presented at the Symposium on the Biology of the California Gnatcatcher held September, 1995, University of California, Riverside. Mock, P. J., B. L. Jones, and J. Konency California Gnatcatcher Survey Guidelines. ERC Environmental and Energy Service Company, San Diego, California. Sawyer, J. and T. Keeler-Wolf A Manual of California Vegetation. California Native Plant Society.