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HomeMy WebLinkAboutAttachment 8E - Biological Technical ReportDRAFT Biological Technical Report Nirvana Project, City of Chula Vista, San Diego County, California JUNE 2023 Prepared for: VWP -OP NIRVANA OWNER, LLC 2390 E. Camelback Road, Suite 350 Phoenix, Arizona 85016 Prepared by: 605 Third Street Encinitas, California 92024 Contact: Callie Amoaku Printed on 30% post-consumer recycled material. 13518 i JUNE 2023 Table of Contents SECTION PAGE NO. Acronyms and Abbreviations ............................................................................................................................................. v 1 Introduction ..........................................................................................................................................................1 1.1 Purpose of the Report ............................................................................................................................1 1.2 Project Description .................................................................................................................................1 1.3 Site Description ......................................................................................................................................2 2 Regional Resource Planning Context ..................................................................................................................3 2.1 Federal ....................................................................................................................................................3 2.2 State ........................................................................................................................................................4 2.3 Chula Vista Multiple Species Conservation Plan Subarea Plan ..........................................................5 2.3.1 Habitat Loss Incidental Take Ordinance .................................................................................6 2.3.2 Narrow Endemic Species Protection .......................................................................................6 2.4 City of Chula Vista ...................................................................................................................................7 3 Methods and Survey Limitations.........................................................................................................................9 3.1 Literature Review....................................................................................................................................9 3.2 Field Reconnaissance ............................................................................................................................9 3.2.1 Resource Mapping ................................................................................................................. 11 3.2.2 Flora ........................................................................................................................................ 11 3.2.3 Fauna ...................................................................................................................................... 12 3.2.4 Jurisdictional Aquatic Resources .......................................................................................... 12 3.2.5 Sensitive Biological Resources ............................................................................................. 15 3.3 Survey Limitations ............................................................................................................................... 15 4 Results of Surveys ............................................................................................................................................. 17 4.1 Vegetation Communities ..................................................................................................................... 17 4.1.1 Maritime Succulent Scrub ..................................................................................................... 17 4.1.2 Tamarisk scrub ...................................................................................................................... 18 4.1.3 Unvegetated Stream Channel ............................................................................................... 18 4.1.4 Disturbed Habitat................................................................................................................... 19 4.2 Jurisdictional Waters and Wetlands ................................................................................................... 19 4.2.1 Wetlands Discussion ............................................................................................................. 20 4.3 Botany .................................................................................................................................................. 20 4.4 Zoology ................................................................................................................................................. 21 4.4.1 Birds........................................................................................................................................ 21 4.4.2 Reptiles and Amphibians ...................................................................................................... 21 4.4.3 Mammals................................................................................................................................ 21 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA / BIOLOGICAL TECHNICAL REPORT 13518 ii JUNE 2023 4.4.4 Invertebrates .......................................................................................................................... 21 4.5 Sensitive Biological Resources ........................................................................................................... 22 4.5.1 Special-Status Plant Species ................................................................................................ 22 4.5.2 Special-Status Wildlife Species ............................................................................................. 24 4.5.3 Sensitive Vegetation Communities ....................................................................................... 31 4.5.4 Wildlife Corridors and Habitat Linkages ............................................................................... 32 5 Anticipated Project Impacts.............................................................................................................................. 33 5.1 Explanation of Findings of Significance ............................................................................................. 33 5.2 Direct Impacts...................................................................................................................................... 34 5.2.1 Impacts to Vegetation Communities at the Project Site ...................................................... 34 5.2.2 Special-Status Plant Species ................................................................................................ 35 5.2.3 Special-Status Wildlife Species ............................................................................................. 35 5.2.4 Jurisdictional Waters and Wetlands ..................................................................................... 36 5.2.5 Habitat Linkages/Movement Corridors ................................................................................ 37 5.3 Indirect Impacts ................................................................................................................................... 37 5.3.1 Vegetation Communities ....................................................................................................... 37 5.3.2 Special-Status Plant Species ................................................................................................ 38 5.3.3 Special-Status Wildlife Species ............................................................................................. 38 5.3.4 Jurisdictional Resources........................................................................................................ 38 5.3.5 Habitat Linkages/Movement Corridors ................................................................................ 38 5.4 Consistency with Regional Resource Planning .................................................................................. 39 5.4.1 Chula Vista Multiple Species Conservation Program Subarea Plan ........................................ 39 5.4.2 Equivalency Analysis for Narrow Endemic Species ............................................................. 42 5.4.3 Future Facilities Siting Criteria .............................................................................................. 44 5.4.4 Adjacency Management Issues ............................................................................................ 48 5.4.5 Habitat Loss Incidental Take Ordinance .............................................................................. 49 5.4.6 Wetland Protection ................................................................................................................ 49 6 Mitigation ........................................................................................................................................................... 51 6.1 Mitigation Measures............................................................................................................................ 51 7 Acknowledgements ........................................................................................................................................... 57 8 References ........................................................................................................................................................ 59 FIGURES 1 Project Location ................................................................................................................................................ 63 2 Multi-Habitat Planning Area (MHPA) ................................................................................................................ 65 3 Biological Resources ......................................................................................................................................... 67 4 Potential Jurisdictional Resources ................................................................................................................... 69 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA / BIOLOGICAL TECHNICAL REPORT 13518 iii JUNE 2023 5 CNDDB Occurrences within 1 Mile................................................................................................................... 71 6 Impacts to Biological Resources ...................................................................................................................... 73 7A Site Plan ............................................................................................................................................................. 75 7B Rip Rap Modification Exhibit ............................................................................................................................ 77 TABLES 1 Schedule of Surveys.......................................................................................................................................... 10 2 Vegetation Communities and Land Cover within the Study Area ................................................................... 17 3 Jurisdictional Wetlands and Waters at the Project Site .................................................................................. 20 4 Special Status Plant Species Observed On Site .............................................................................................. 23 5 Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site ..................................................................................................................................................... 25 6 Impacts and Mitigation Requirements for Upland Vegetation Communities and Land Cover ..................... 34 7 Impacts to City Wetlands and Jurisdictional Wetlands and Waters at the Project Site ................................ 36 8 Conditions of Coverage under City of Chula Vista MSCP Subarea Plan ........................................................ 39 9 Impacts to Vegetation Communities and Land Cover Associated with Future Facilities .............................. 46 10 Jurisdictional Wetlands and Waters at the Project Site Associated with Future Facilities ........................... 47 11 Summary Facilities Siting Criteria Detention Basin and Associated Facilities .............................................. 47 12 Adjacency Management Issues (Section 7.5.2) .............................................................................................. 48 13 Mitigation for Significant Impacts to Sensitive Vegetation Communities and Wetlands.............................. 51 APPENDICES A Plant Compendium B Wildlife Compendium C Jurisdictional Delineation Forms D Special-Status Plant Species with Low to No Potential to Occur in the Study area E Special-Status Wildlife Species with Low to No Potential to Occur in the Study area F Habitat Loss and Incidental Take Ordinance Findings G Merkel & Associates Biological Impact Analysis Report for the Chula Vista Street Western Parcel Project H California Gnatcatcher Protocol Survey Reports NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA / BIOLOGICAL TECHNICAL REPORT 13518 iv JUNE 2023 INTENTIONALLY LEFT BLANK 13518 v JUNE 2023 Acronyms and Abbreviations Acronym/Abbreviation Definition amsl above mean sea level APN Assessor parcel numbers BMP Best Management Practice CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CESA California Environmental Quality Act CNDDB California Natural Diversity Database CNPS California Native Plant Society CRPR California Rare Plant Rank CVMC Chula Vista Municipal Code FESA Federal Endangered Species Act GDP General Development Plan HLIT Habitat Loss and Incidental Take (Ordinance) MBTA Migratory Bird Treaty Act MM Mitigation measure MSCP Multiple Species Conservation Program OHWM ordinary high water mark RWQCB Regional Water Quality Control Board SSC Species of Special Concern USACE U.S. Army Corps of Engineers USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA / BIOLOGICAL TECHNICAL REPORT 13518 vi JUNE 2023 INTENTIONALLY LEFT BLANK 13518 1 JUNE 2023 1 Introduction 1.1 Purpose of the Report The purpose of this biological resources report is to provide the following items: 1. Describe the existing conditions of biological resources within the Nirvana project site (project or proposed project) in terms of vegetation, jurisdictional aquatic resources, flora, wildlife, and wildlife habitats. 2. Discuss potential impacts to biological resources that would result from development of the property . 3. Describe those impacts in terms of biological significance in view of federal, state, and local laws and policies. 4. Recommend mitigation measures for potential impacts to sensitive biological resources, if necessary. 5. Provide documentation for permitting agencies (i.e., U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB)) 6. Provide the finding for the City’s Habitat Loss Incidental Take (HLIT) process. Recommendations will follow federal, state, and local rules and regulations, including the California Environmental Quality Act (CEQA), and the Chula Vista Multiple Species Conservation Plan (MSCP) Subarea Plan (City of Chula Vista 2003). 1.2 Project Description The Nirvana Business Park (proposed project) would develop three parcels that occur in a Development Area as described by the Chula Vista MSCP. The project is the development of three vacant parcels, Parcels 1 and 2 of Parcel Map 21587 (APNs 644-050-13 and 644-050-14, respectively) and a portion of Lot 2, Section 20, Township 18 South, Range 1 West, San Bernardino Meridian (APN 644 -050-08). A proposed lot line adjustment (LLA21-0007) will adjust the common property line between Parcel 2 and a portion of Lot 2. Once the lot line adjustment is complete, the resultant parcels Parcel 1 of PM 21587 and Parcel A of Adjustment Plat LLA21 -0007 will have a combined net area of 13.31 acres. The project's two parcels will then be subdivided into four (4) parcels under TPM21-0003 and the subsequent parcel map. The four parcels' public right -of-way is provided via a private access easement out to Nirvana Avenue. Development of the site will include four buildings on the 13.31 -acre portion of the site. Off-site grading of 0.37- acre north of the project is needed and will consist of the project driveway and additional area. Another 0.21 -acre easterly of the project site is required to rebuild an existing slope for stabilization. As well, 0.22 acres of City right- of-way along the Main Street frontage (between the sidewalk and the property line) will be graded. Lastly, 0.18 acres west of the project site will be used for off-site grading to eliminate low points and high points along the proposed retaining wall adjacent to the existing property line. This off-site grading will enable positive drainage in a concrete brow ditch along the base of the wall to flow via gravity out toward Main Street instead of relying on storm drain inlets to collect water at the base of the proposed retaining wall. Therefore, a total of 14.44 acres will be graded for the project. Also of note is the need to upgrade the two rip -rap energy dissipators on the south side of Main Street. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 2 JUNE 2023 If authorization is granted from the property owner, then during the grading operations of the project, approximately 25,000 cubic yards of project soil will be stocked piled at any given time on the property to the north of the subject site at 850 Energy Way (APN 644-182-10) via a temporary access between the two properties. Off-site trenching activities will occur in Nirvana Avenue for sewer and water laterals and in Main Street for Fire laterals and storm drain connections. The project includes the construction of four buildings as follows: ▪ Building 1 – a 585,946 square-foot warehouse, 36-feet high, single-story with mezzanine ▪ Building 2 – a 40,660 square-foot warehouse, 36-feet high, single-story with mezzanine ▪ Building 3 – a 140,802 square-foot, 40.5-feet high, 3-story self-storage building ▪ Building 4 – a 44,090 warehouse, 36-feet high, single-story with mezzanine The project requires discretionary approval for the Design Review – DR21-0024 and Tentative Parcel Map – TPM21- 0003. Hours of operation for the business park are planned to be Monday through Friday 6:00 a.m. to 6:00 p.m. and Saturday 6:00 a.m. to noon. The self-storage facilities will have 24/7 access. Riprap modifications are required on the south side of Main Street where the existing western and middle drainages outfall into the Otay River. The modifications at these two existing public storm drain outfall headwall locations will increase the existing riprap apron size to dissipate energy as a result of estimated increased runoff velocities. These two small areas (0.15 acres total) are located within the 100% Conservation Area of the Subarea Plan. 1.3 Site Description The project site is characterized by flat sections of land that abruptly give way to steep slopes that lead down towards the southern side of the site, adjacent to Main Street which borders the bottom of the project. Multiple drainages are present at the site, flowing generally north to south in deep cuts that divide the surrounding flat- topped bluffs. Elevations on site range from 139 to 212 feet above mean sea level (amsl). Beyond Main Street to the south of the project lies undeveloped lands dominated by riparian habitat associated with the Otay River Valley. The off-site riprap energy dissipators are located immediately south of Main Street along the border of the Otay River. Lands to the north and west consist of heavy industry and large car storage lots. These lots directly abut the project’s entire northern boundary. Open, undeveloped non-native grasslands sit to the east of the project. The site is located in Section 20 of Township 18 south and Range 1 west in the 7.5-minute U.S Geological Survey Imperial Beach quadrangle. 13518 3 JUNE 2023 2 Regional Resource Planning Context 2.1 Federal The federal Endangered Species Act (FESA) of 1973 (16 U.S.C. 1531 et seq.), as amended, is administered by the U.S. Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration, and National Marine Fisheries Service. This legislation is intended to provide a means to conserve the ecosystems upon which endangered and threatened species depend and provide programs for the conservati on of those species, thus preventing extinction of plants and wildlife. Under provisions of Section 9(a)(1)(B) of FESA, it is unlawful to “take” any listed species. “Take” is defined in Section 3(19) of FESA as, “harass, harm, pursue, hunt, shoot, wound, k ill, trap, capture, or collect, or to attempt to engage in any such conduct.” The Migratory Bird Treaty Act (MBTA) prohibits the take of any migratory bird or any part, nest, or eggs of any such bird. Under the MBTA, “take” is defined as pursuing, hunting , shooting, capturing, collecting, or killing, or attempting to do so (16 U.S.C. 703 et seq.). Additionally, Executive Order 13186, “Responsibilities of Federal Agencies to Protect Migratory Birds,” requires that any project with federal involvement address impacts of federal actions on migratory birds with the purpose of promoting conservation of migratory bird populations (66 FR 3853–3856). The Executive Order requires federal agencies to work with USFWS to develop a memorandum of understanding. USFWS reviews actions that might affect these species. Pursuant to Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USACE) regulates the discharge of dredged and/or fill material into “waters of the United States.” The term “wetlands” (a subset of waters) is defined in 33 CFR 328.3(c) as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.” Wetlands must include all three parameters outlined by the USACE: hydrophytic vegetation, hydric soils, and hydrology indicators. In the absence of wetlands, the limits of USACE jurisdiction in non-tidal waters, such as ephemeral intermittent streams, extend to the “ordinary high water mark,” which is defined in 33 CFR 328.3(c). The bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos) are federally protected under the Bald and Golden Eagle Protection Act, passed in 1940 to protect the bald eagle and amended in 1962 to include the golden eagle (16 U.S.C. 668a–d). This act (16 U.S.C. 668–668d) prohibits the take, possession, sale, purchase, barter, offering to sell or purchase, export or import, or transport of bald eagles and golden eagles and their parts, eggs, or nests without a permit issued by USFWS. The definition of “take” includes to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb. The act prohibits any form of possession or taking of both eagle species, and the statute imposes criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses. Further, the act provides for the forfeiture of anything used to acquire eagles in violation of the statute. The statute exempts from its prohibitions on possession the use of eagles or eagle parts for exhibition, scientific, and Indian religious uses. However, there is allowance within the act that, after investigation, the Secretary of the Interior may determine that direct and purposeful taking is compatible with the preservation of the bald eagle or the golden eagle. If so, then the Secretary may permit the taking, possession, and transportation of specimens for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 4 JUNE 2023 The Secretary may also determine that it is necessary to permit the taking of eagles for the protection of wildlife or of agricultural or other interests in any particular locality. This permitting may be for the seasonal protection of domesticated flocks and herds, and may also permit the taking, possession, and transportation of golden eagles for the purposes of falconry if the eagles may cause depredations on livestock or wildlife. Finally, the Secretary of the Interior may permit the taking of golden eagle nests that interfere with resource development or recovery operations, or in an emergency. In November 2009, USFWS published the Final Eagle Permit Rule (74 FR 46836 –46879), providing a mechanism to permit and allow for incidental (i.e., non -purposeful) take of bald and golden eagles pursuant to the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.). Disturb means “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.” These regulations may apply to projects such as wind turbines and transmission lines and were followed by issuance of guidance documents for inventory and monitoring protocols and for avian protection plans (Pagel et al. 2010). In February 2011, the USFWS released Draft Eagle Conservation Plan Guidance aimed at clarifying expectations for acquiring take permits acquisition by wind power projects consistent with the 2009 rule. 2.2 State The California Department of Fish and Wildlife (CDFW) administers the California Endangered Species Act (CESA ) (California Fish and Game Code, Section 2050 et seq.), which prohibits the “take” of plant and animal species designated by the Fish and Game Commission as endangered or threatened in the State of California. Under CESA Section 86, take is defined as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” CESA Section 2053 stipulates that state agencies may not approve projects that will “jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if th ere are reasonable and prudent alternatives available consistent with conserving the species or its habitat which would prevent jeopardy.” According to Sections 3511 and 4700 of the Fish and Game Code, which regulate birds and mammals, respectively, a “fully protected” species may not be taken or possessed without a permit from the Fish and Game Commission, and “incidental takes” of these species are not authorized. CESA Sections 2080 through 2085 address the taking of threatened, endangered, or candidate species by stating, “No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the Commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter, the Native Plant Protection Act (Fish and Game Code, Sections 1900–1913), or the California Desert Native Plants Act (Food and Agricultural Code, Section 80001).” CDFW affords protection over the destruction of nests or eggs of native bird species (Fish and Game Code Section 3503), and it states that no birds in the orders of Falconiformes or Strigiformes (birds of prey) can be taken, possessed, or destroyed (Fish and Game Code Section 3503.5). CDFW cannot issue permits or licenses that authorize the take of any fully protected species, except under certain circumstances such as scientific research and live capture and relocation of such species pursuant to a permit for the protection of livestock (Fish and Game Code Section 3511). Separate from federal and state designations of species, CDFW designates certain vertebrate NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 5 JUNE 2023 species as Species of Special Concern (SSC) based on declining population levels, limited ranges, and/or continuing threats that have made them vulnerable to extinction. Pursuant to Section 1602 of the Fish and Game Code, the CDFW regulates all diversions, obstru ctions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake that supports fish or wildlife. A Streambed Alteration Agreement is required for impacts to jurisdictional wetlands in accordance with Section 1602 of the California Fish and Game Code. The intent of the Porter –Cologne Water Quality Control Act is to protect water quality and the beneficial uses of water, and it applies to both surface water and groundwater. Under this law, the State Water Resources Control Board develops statewide water quality plans, and the Regional Water Quality Control Board (RWQCB) develops basin plans that identify beneficial uses, water quality objectives, and implementation plans. The RWQCBs have the primary responsibility to implement the provisions of both statewide and basin plans. Waters regulated under the Porter–Cologne Water Quality Control Act include isolated waters that are no longer regulated by the USACE. Developments with impact to jurisdictional waters must demonstrate complian ce with the goals of the act by developing stormwater pollution prevention plans, standard urban storm water mitigation plans, and other measures to obtain a Clean Water Act Section 401 certification or Waste Discharge Requirement . CEQA requires identification of a project’s potentially significant impacts on biological resources and feasible mitigation measures and alternatives that could avoid or reduce significant impacts. CEQA Guidelines Section 15380(b)(1) defines endangered animals or plants as specie s or subspecies whose “survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors” (14 CCR 15000 et seq.). A rar e animal or plant is defined in Section 15380(b)(2) as a species that, although not presently threatened with extinction, exists “in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or … [t]he species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered ‘threatened’ as that term is used in the federal Endangered Species Act.” Additionally, an animal or plant may be presumed to be endangered, rare, or threatened if it meets the criteria for listing, as defined further in CEQA Guidelines Section 15380(c). CEQA also requires identification of a project’s potentially significant impacts on riparian ha bitats (such as wetlands, bays, estuaries, and marshes) and other sensitive natural communities, including habitats occupied by endangered, rare, and threatened species. 2.3 Chula Vista Multiple Species Conservation Plan Subarea Plan The MSCP Subregional Plan is implemented through individual Subarea Plans adopted by each jurisdiction receiving take authorization for covered species. The Chula Vista MSCP Subarea Plan was approved by the City in May 2003 and received take authorization in January 2005. The Subarea Plan provides for conservation of upland habitats and species through Preserve design, regulation of impacts and uses, and management of the Preserve. Within the City’s Subarea Plan, the project site is designated as a “Development Area Outside of C overed Projects” (i.e., not designated a preserve or conservation area) (Figure 2, MHPA). As defined by the Subarea Plan, projects within the Development Area outside of Covered Projects planning area shall adhere to the City’s Habitat Loss and Incidental Take (HLIT) Ordinance. The City’s Subarea Plan also specifies conditions for Narrow Endemic Species. Consistency with regional resource planning is discussed further in the following text. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 6 JUNE 2023 The two small riprap modification areas are located within the “100% Conservation Area”. The Subarea Plan defines these areas as lands within the City of Chula Vista for which hardline Preserve boundaries have been established and where the conserved portion will be managed for its biological resources. 2.3.1 Habitat Loss Incidental Take Ordinance For projects within Development Areas Outside of Covered Projects that contain sensitive biological resources and for which the project site is greater than 1 acre, the HLIT Ordinance requires a biological evaluation of the resources on site. In compliance with the MSCP Subregional Plan and the Subarea Plan, the City established development standards in the HLIT Ordinance, as a condition of issuance of take authorization by the USFWS and CDFW. The HLIT is consistent with the conservation and mitigation goals of the 1998 MSCP Subregional Plan and the City’s Subarea Plan. Furthermore, the HLIT provides standards for development, identifies specific impact thresholds, and defines the mitigation requirements for impacts to native and some non-native communities (e.g., non-native grassland). Impacts to Tier I, II, and III habitats will be mitigated pursuant to HLIT mitigation standards provided in Table 5-3 of the Subarea Plan. Based on the current site conditions, there are 13.53 acres of maritime succulent scrub, 0.09 acres of unvegetated stream, and 0.37 acres of tamarisk scrub that could be impacted by the project. This would require 14.00 acres of mitigation. The Chula Vista MSCP lists Narrow Endemic Species for the Chula Vista Subarea. The HLIT provides protection of Narrow Endemic Species and wetland impact avoidance/minimization. One narrow endemic species, San Diego ambrosia (Ambrosia pumila), was recorded at the project site and two stream features were also observed. 2.3.2 Narrow Endemic Species Protection For Development Areas Outside of Covered Projects, the Subarea Plan states that impacts to covered Narrow Endemic Species will be avoided to the maximum extent practicable. Where impacts are demonstrated to be unavoidable, impacts within these Development Areas will be limited to 20% of the total Narrow Endemic Species population within the Project Area. If, after comprehensive consideration of avoidance and minimization measures, impacts exceed 20% of the covered Narrow Endemic Species population within the Project Area, the City must make a determination of biologically superior preservation consistent with Section 5.2.3.7 of this Subarea Plan. In 100% Conservation Areas, Planned and Future Facilities must avoid impacts to covered Narrow Endemic Species to the maximum extent practicable. Where impacts are demonstrated to be unavoidable, impacts within the 100% Conservation Areas will be limited to 5% of the total Narrow Endemic Species population within the Project Area. If impacts exceed 5% of the covered Narrow Endemic Species population within the Project Area after comprehensive consideration of avoidance and minimization measures the City must make a determination of biologically superior preservation consistent with Section 5.2.3.7 of this Subarea Plan. The City will forward its written determination of biologically superior preservation to the Wildlife Agencies for review. Within 30 days of receipt of mailed notice of findings from the City the Wildlife Agencies may submit to the City a written finding of non-concurrence on the facts of the City’s findings. If such finding of non-concurrence is made within 30 days, the City will confer with the Wildlife Agencies to resolve Narrow Endemic Species issues associated with the proposed development. If the Wildlife Agencies do not respond within 30 days after receipt of mailed notice, the City shall deem the written findings accepted. Section 5.4.2 includes the Equivalency Analysis for Narrow Endemic Species. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 7 JUNE 2023 2.4 City of Chula Vista In compliance with the MSCP Subregional Plan and the Subarea Plan, the City established development standards, the HLIT Ordinance, as a condition of issuance of take authorization by the Wildlife Agencies. The HLIT is consistent with the conservation and mitigation goals of the MSCP Subregional Plan and the City of Chula Vista Subarea Plan, which require impacts to sensitive vegetation communities to be avoided and minimized to the maximum extent practicable. Furthermore, the HLIT identifies specific impact and mitigation requirements for impacts to native and some non-native communities (e.g., non-native grassland). Project compliance with the HLIT is described in Section 5.4.2, Habitat Loss Incidental Take Ordinance, of this report. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 8 JUNE 2023 INTENTIONALLY LEFT BLANK 13518 9 JUNE 2023 3 Methods and Survey Limitations Data regarding biological resources present were obtained through a review of pertinent literature and field reconnaissance, both of which are described in detail in this chapter. The study area is composed of all areas that fall within the parcel boundaries. A 500-foot buffer around the project impact footprint was assessed via aerial imagery (Google Earth 2021) for adjacency and indirect impacts analysis, but focused surveys were limited to the 14.74-acre study area. 3.1 Literature Review The following data sources were reviewed to assist with the biological resources analysis: ▪ U.S. Department of Agriculture Web Soil Survey (USDA-NRCS 2021b) ▪ CDFW California Natural Diversity Database – RareFind, Version 5 (CDFW 2021a) ▪ CDFW California Natural Diversity Database – Listed, Endangered, Threatened Plants (CDFW 2021b) ▪ CDFW California Natural Diversity Database – Special Plants List (CDFW 2021c) ▪ California Native Plant Society Inventory of Rare and Endangered Plants (CNPS 2021) ▪ USFWS Critical Habitat and Occurrence Data (USFWS 2021a) ▪ Birds of Conservation Concern 2021 Migratory Bird Program (USFWS 2021b) ▪ MSCP Subarea Plan (City of Chula Vista 2003) ▪ Aerial imagery (Google Earth 2021) ▪ Biological Impact Analysis Report for the Chula Vista Street West Parcel Project (Appendix G) 3.2 Field Reconnaissance Biological field surveys for the project were conducted in 2021 and 2022 by Dudek biologists. Surveys conducted included a jurisdictional delineation, vegetation mapping, focused rare plant surveys, protocol-level focused surveys for coastal California gnatcatcher (Polioptila californica californica), and focused surveys for Crotch bumble bee (Bombus crotchii). The site was also assessed for habitat for burrowing owl (Athene cunicularia), coastal cactus wren (Campylorhynchus brunneicapillus sandiegensis), fairy shrimp species, and quino checkerspot butterfly (Euphydryas editha quino). Surveys for these species were not warranted due to lack of suitable habitat and due to the requirements of the Chula Vista MSCP. Refer to Section 4.5.2 for a complete analysis of these species. In addition, Merkel & Associates, Inc. conducted previous surveys on the site in 2007. Table 1 lists the survey dates, times, surveying biologists, and weather conditions during the 2021 and 2023 survey efforts. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 10 JUNE 2023 Table 1. Schedule of Surveys Date Time Personnel Survey Type Conditions Previous Surveys Varies1 Varies1 Varies1 Quino Checkerspot Butterfly Habitat Assessment, Quino Checkerspot Butterfly Protocol Survey Varies1 Varies1 Varies1 Varies1 Rare Plant Focused Survey Varies1 Varies1 Varies1 Varies1 Jurisdictional Delineation Varies1 Varies1 Varies1 Varies1 Coastal California Gnatcatcher Survey Varies1 Varies1 Varies1 Varies1 Ground Truthing Survey Varies1 General Surveys 07/01/2021 8:00 a.m. – 4:02 p.m. Callie Amoaku Jurisdictional Delineation, Vegetation Mapping 66°F–80°F, 0%– 10% cc, 1–4 mph winds 09/08/2021 9:50 AM–11:53 AM Erin Bergman Jurisdictional Delineation, Vegetation Mapping for off-site easement area 77°F; 10–20% cloud cover; 0–3 mph wind 03/28/2022 9:50 AM–10:50 AM Dylan Ayers Jurisdictional Delineation, Vegetation Mapping for off-site modification areas 61-78°F; 0% cloud cover; 1-3 mph wind Focused Coastal California Gnatcatcher Survey s 07/01/2021 7:20 AM–11:47 AM Erin Bergman Coastal California Gnatcatcher Survey (onsite) 61–84°F; 0% cloud cover; 1–4 mph wind 07/23/2021 5:59 a.m.–11:46 a.m. Erin Bergman Coastal California Gnatcatcher Survey (onsite) 62–78°F; 30–90% cloud cover; 0–3 mph wind 8/13/2021 6:02 AM–11:45 AM Erin Bergman Coastal California Gnatcatcher Survey (onsite) 66–84°F; 0–10% cloud cover; 0–3 mph wind 10/11/2021 8:48 AM–11:27 AM Erin Bergman Coastal California Gnatcatcher Survey (offsite easement) 59–68°F; 0-50% cloud cover; 1–3 mph wind 10/18/2021 7:46 AM–10:32 AM Erin Bergman Coastal California Gnatcatcher Survey (offsite easement) 61–68°F; 0–90% cloud cover; 0–3 mph wind NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 11 JUNE 2023 Table 1. Schedule of Surveys Date Time Personnel Survey Type Conditions 10/25/2021 9:46 AM–12:04 AM Erin Bergman Coastal California Gnatcatcher Survey (offsite easement) 61–66°F; 50-100% cloud cover; 0–3 mph wind Focused Rare Plant Surveys 04/29/2022 7:55 AM–5:12 PM Erin Bergman Rare Plant Surveys 67–72°F; 0% cloud cover; 0–4 mph wind 05/31/2022 8:23 AM–4:05 PM Erin Bergman Rare Plant Surveys 64–82°F; 0–10% cloud cover; 0–4 mph wind Focused Crotch Bumble Bee Surveys 06/05/2023 12:45 PM–4:05 PM Anna Cassady Crotch Bumble Bee Surveys 65–66°F; 60–70% cloud cover; 3–8 mph wind 6/13/2023 9:30 AM–1:08 PM Erin Bergman Crotch Bumble Bee Surveys 67–74°F; 0% cloud cover; 0–2 mph wind 06/16/2023 8:17 AM–2:56 PM Callie Amoaku Crotch Bumble Bee Surveys 66–76°F; 10–40% cloud cover; 0–3 mph wind 6/20/2023 11:15 AM–1:10 PM Anna Cassady Crotch Bumble Bee Surveys 73–74°F; 0% cloud cover; 3–8 mph wind Notes: °F = degrees Fahrenheit; cc = cloud cover; mph = miles per hour, NR = not recorded 1 Appendix G 3.2.1 Resource Mapping Mapping of the existing site conditions, biological resources, and jurisdictional areas present was performed in the field directly onto a 100-scale (1 inch = 100 feet) color aerial map of the site. The vegetation community and land cover mapping was also performed directly in the field and follow the classifications described by Holland (1986), as revised by Oberbauer et al. (2008). A GPS unit was used where necessary to record the biological resources within the study area. All areas identified as being potentially subject to the jurisdiction of the USACE, RWQCB, CDFW, and the City were also verified and mapped directly in the field. Following completion of the field work, Dudek Geographic Information System operator Andrew Greis mapped findings using ArcGIS and calculated coverage acreages. 3.2.2 Flora All plant species encountered during the field surveys were identified and recorded. For those species that could not be identified immediately, samples suitably sized for identification were brought into t he laboratory for further investigation. Latin and common names for plant species with a California Rare Plant Rank (CRPR; formerly CNPS List) follow the California Native Plant Society Online Inventory of Rare, Threatened, and Endangered Plants of California (CNPS 2021). For plant species without a CRPR, Latin names follow the Jepson Interchange List of Currently Accepted Names of Native and Naturalized Plants of California (Jepson Flora Project 2018), and common NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 12 JUNE 2023 names follow the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service Plants Database (USDA-NRCS 2021c). The list of plant species observed on site is presented in Appendix A, Plant Compendium. 3.2.3 Fauna Wildlife species detected during field surveys by sight, calls, tracks, scat, or other signs were recorded. Wildlife surveys were conducted as summarized in Table 1. Binoculars (8 mm × 32 mm or 10 mm × 50 mm power) were used to identify observed animals. In addition to species actually observed, expected wildlife use of the study area was determined by known habitat preferences of local species and knowledge of their range and relative distributions in the area. A list of animal species observed or detected on site is presented in Appendix B, Wildlife Compendium. Latin and common names of animals follow Crother (2012) for reptiles and amphibians, American Ornithological Society (AOS 2018) for birds, Wilson and Reeder (2005) for mammals, and North American Butterfly Association (NABA 2001) or San Diego Natural History Museum (2002) for butterflies. 3.2.4 Jurisdictional Aquatic Resources Features that convey or hold water are regulated by multiple agencies. Federal, state, and local agencies have different definitions and terminology for these types of features. Herei nafter in this document, water-dependent resources potentially regulated by the USACE, RWQCB, CDFW, and City will be collectively referred to as jurisdictional aquatic resources. A jurisdictional delineation for the study area was conducted in July 2021 by Dudek biologist Callie Amoaku; the offsite easement area was delineated in September 2021 by Dudek biologist Erin Bergman ; and the offsite riprap modification areas were delineated in March 2022 by Dudek biologist Dylan Ayers. The delineation defined areas under the jurisdiction of CDFW, pursuant to Sections 1600–1603 of the California Fish and Game Code; USACE, pursuant to Section 404 of the federal Clean Water Act; and RWQCB, pursuant to Clean Water Act Section 401 and the Porter–Cologne Act. The methodology used for each jurisdiction or regulating agency (USACE, CDFW, and RWQCB) is described as follows. The USACE wetlands delineation was performed in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual (USACE 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Arid West Supplement) (USACE 2008a), A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United Stat es: A Delineation Manual (USACE 2008b), and guidance provided by the USACE and Environmental Protection Agency on the geographic extent of jurisdiction based on the U.S. Supreme Court’s interpretation of the Clean Water Act. The USACE and RWQCB jurisdictional areas, pursuant to the federal Clean Water Act, include all areas supporting the three wetlands criteria described in the USACE manual: hydric soils, hydrology, and hydrophytic vegetation. RWQCB jurisdiction is coincident with the USACE in accordance with the federal Clean Water Act, except in cases where a resource is determined to be isolated from navigable waters of the United States and where the RWQCB may take jurisdiction under the Porter–Cologne Act. The RWQCB may also take jurisdiction over surface waters lacking USACE regulation, pursuant to the Porter–Cologne Act. These areas generally include areas with at least one of the three wetlands indicators but isolated from a tributary of navigable water through lack of evidence of surface water hydrology. A predominance of hydrophytic vegetation, where associated with a stream channel, was used to determine CDFW-regulated riparian areas. Streambeds under the jurisdiction of CDFW were delineated using the Cowardin NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 13 JUNE 2023 method of waters classification (Cowardin et al. 1979), which defines waters boundaries by a single parameter (i.e., hydric soils, hydrophytic vegetation, or hydrology). To assist in the determination of jurisdictional areas within the study area, data were collected at five sampling points and are included in Appendix C, Jurisdictional Delineation Forms. Hydrology, vegetation, and soils were assessed, and sampling data were collected on approved USACE forms. The site was evaluated for evidence of an OHWM, surface water, saturation, wetland vegetation, and nexus to a traditional navigable water. The extent of jurisdictional aquatic resources was determined by mapping the areas with similar vegetation and topograph y to sampled locations. 3.2.4.1 Hydrophytic Vegetation Seasonal changes in species composition, human land use practices, wildfires, and other natural disturbances can adversely affect the hydrophytic vegetation determination. During the delineation, a sampling point was considered positive for hydrophytic vegetation if it passed the basic dominance test (Indicator 1), meaning that more than 50% of the dominant species sampled were characterized as either obligate, facultative wetland, and/or facultative, per the 2018 National Wetland Plant List for the Arid West region (USACE 2018). In those cases, where the dominance test failed, the vegetation parameter was re -evaluated using the prevalence index (Indicator 2), which takes into account all plant species in the community, not just dominants. All plant species observed during the surveys were identified and recorded. Where plant identification could not be made in the field, a sample was taken and later identified in the laboratory. 3.2.4.2 Hydric Soils According to the National Technical Committee for Hydric Soils, hydric soils are “soils that are formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part” (USDA-NRCS 2018). Soil pits were prepared using a “sharp shooter” shovel to determine if hydric soils were present. The presence of hydric soils was determined through consultations with the USACE’s 2018 Field Indicators of Hydric Soils in the United States v. 8.2 (USDA-NRCS 2021a), USACE’s Arid West Supplement (USACE 2008a), and Munsell Soil Color Charts. Where feasible, soil pits were prepared to depths ranging from 10 to 16 inches, and dry soils were moistened to obtain the most accurate color. Excavated soils were examined for evidence of hydric conditions, including low chroma values and mottling, vertical streaking, sulfidic odor, and high organic matter content in the upper horizon. Evidence of previous ponding or flooding was assessed along with the slope, slope shape, existing landform characteristics, soil material/composition, and hydrophytic vegetation to determine whether hydric soils were present. 3.2.4.3 Hydrology Per the guidelines prescribed in the Arid West Supplement (USACE 2008a), wetland hydrology indicators are separated into four major groups: A, B, C, and D. Group A indicators are based on direct observations of surface flow, ponding, and soil saturation/groundwater. Group B indicators consist of evidence of ponding, in cluding water marks, drift deposits, and sediment deposits. Group C indicators include signs of previous and/or current saturation, including oxidized rhizospheres surrounding living roots and the presence of reduced iron or sulfur, both of which are indicative of extended periods of soil saturation. Group D indicators consist of “vegetation and soil features that are indicative of current rather than historic wet conditions and include a shallow aquitard and results NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 14 JUNE 2023 of the Facultative (FAC)-Neutral test” (USACE 2008a). Each group is subdivided into primary and secondary categories based on their frequency and reliability to occur in the Arid West region. Signs of hydrology, where present, were evaluated in the project. The jurisdiction of Chula Vista MSCP Subarea Plan wetlands was also determined during the delineations. According to the Subarea Plan, wetlands are generally defined as those areas that are inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of the Subarea Plan, wetlands are those lands that contain naturally occurring wetland communities listed on Table 5 -6 of the Subarea Plan and further described in Appendix B of the Subarea Plan. Wetlands also include areas lacking wetland communities due to non -permitted filling of previously existing wetlands. The following list is the wetlands included on Table 5-6 of the Subarea Plan: ▪ Coastal wetlands - Salt marsh - Saltpan ▪ Riparian habitats - Oak Riparian Forest - Riperian Forest - Riparian Woodland - Ripiarian Scrub - Riparian Scrubv (Coastal Overlay Zone) ▪ Open water/freshwater ▪ Freshwater marsh ▪ Freshwater march (Coastal Overlay Zone) ▪ Natural flood channel ▪ Disturbed wetlands ▪ Vernal pools ▪ Marine habitat ▪ Eelgrass beds 3.2.5 Crotch Bumble Bee Surveys While no standardized survey methodology is currently available from CDFW for Crotch bumble bee, the following survey methods were reviewed to develop one: (1) U.S. National Protocol Framework for the Inventory and Monitoring of Bees for North American bumble bees, prepared by S. Droege, J.D. Engler, E. Sellers and L.E. O’Br ien in 2017; and (2) Survey Protocols for the Rusty Patched Bumble Bee (Bombus affinis), a federally listed bumble bee located in the Midwestern United States, prepared by the U.S. Fish and Wildlife Service in 2019. In June 2023, CDFW released the “Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species”. Following survey protocols and considerations from these documents, Dudek conducted four (4) survey passes which coincided with the Colony Active Period (April through August) for Crotch bumble bee (CDFW 2023 a) (see Table 1). The surveys focused on surveying patches of blooming plants and looking at nest resources suitable NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 15 JUNE 2023 for bumble bee use (i.e., small mammal burrows, bunch grasses with a duff layer, thatch, hollow trees, rock walls, and brush piles). 3.2.6 Sensitive Biological Resources Sensitive biological resources are defined as follows: 1. Species that have been given special recognition by federal, state, or local agencies and organizations due to limited, declining, or threatened population sizes 2. Habitat types recognized by local and regional agencies as sensitive 3. Habitat areas or plant communities that are unique, are of relatively limited distribution, or are of particular value to wildlife 4. Wildlife corridors and habitat linkages Sources used for determination of sensitive biological resources are as follows: plants—USFWS (2000), CDFW (2021a, 2021b), and CNPS (2021); wildlife—USFWS (2000) and CDFW (2021a, 2021b); plant communities—Holland (1986) and Oberbauer et al. (2008) and the City of Chula Vista MSCP Subarea Plan (City of Chula Vista 2003). Several focused surveys have been conducted for this study area to determine the presence/absence of special- status plant and animal species (Table 1). Dudek conducted focused surveys and/or habitat assessments for the following sensitive biological resources: focused protocol surveys for coastal California gnatcatcher (Polioptila californica californica), Crotch bumble bee, rare plant surveys, vegetation mapping, and jurisdictional resources. 3.3 Survey Limitations Site visits were conducted during daylight hours. Complete inventories of biological resources present on a site often require numerous focused surveys at different times of day during different seasons. Some species, such as annual plants, may only be observable in the early spring, and nocturnal animals are difficult to detect during the day. Other species may be present in such low numbers that they could be missed. Due to such timing and seasonal variations, survey results are not an absolute list of all species that the study area may support. Special-status plant and wildlife species with potential to occur in the study area are described in Sections 4.5.1 , Special-Status Plant Species, and 4.5.2, Special-Status Wildlife Species, of this report and in Appendices D and E. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 16 JUNE 2023 INTENTIONALLY LEFT BLANK. 13518 17 JUNE 2023 4 Results of Surveys 4.1 Vegetation Communities Vegetation communities and land covers mapped within the study area include the following: maritime succulent scrub, tamarisk scrub, unvegetated stream, and disturbed habitat (Figure 3, Biological Resources; Table 2). While cactus species commonly occur within the maritime succulent scrub, there are no cactus patches to map separately. Table 2. Vegetation Communities and Land Cover within the Study Area Veget ation Community/ Land Cover Acres Non-Sensitive Vegetation Communities Disturbed Habitat 0.46 Non-sensitive vegetation communities/land covers subtotal 0.46 Sensitive Vegetation Communities Maritime succulent scrub 13.75 Tamarisk scrub 0.42 Unvegetated Stream 0.11 Sensitive vegetation communities subtotal 14.28 Total1 14.74 1 May not total due to rounding. 4.1.1 Maritime Succulent Scrub Maritime succulent scrub is a low-lying community with openings that range from 25% to 75% cover and is dominated by drought deciduous, woody, malacophyllous shrubs with a rich admixture of stem and leaf succulents. Cacti is more dominant in inland populat ions and southern populations. Large portions of the ground are bare between the shrubs. Most of the growth and flowering occurs in the springtime within this community. Maritime succulent scrub extends as far inland as Bonita, Ca. Maritime succulent scrub is typically dominated by some or all of the following species: California copperleaf (Acalypha californica), Shaw’s agave (Agave shawii), California sagebrush (Artemisia californica), golden spined cereus (Bergerocactus emoryi), California encelia (Encelia californica), cliff spurge (Euphorbia misera), coast barrel cactus (Ferocactus viridescens), California box thorn (Lycium californicum), coast prickly pear (Opuntia littoralis), chaparral prickly pear (Opuntia oricola), coast cholla (Cylindropuntia prolifera), lemonade berry (Rhus integrifolia), San Diego sunflower (Viguiera or Bahiopsis laciniata) (Oberbauer et al. 2008). On site, there are 13.75 acres of Maritime succulent scrub present. Numerous succulent species are present and, in some areas, abundant. Succulents are present within the plant community and include coastal barrel cactus (Ferocactus viridescens), coast cholla (Cylindropuntia prolifera), strawberry cactus (Mammillaria dioica), and coastal prickly pear (Opuntia littoralis). Larger dominant shrubs growing with the succulents include jojoba (Simmondsia chinensis), lemonadeberry (Rhus integrifolia), California buckwheat (Eriogonum fasciculatum), San Diego sunflower (Bahiopsis laciniata), laurel sumac (Malosma laurina), and California adolphia (Adolphia californica). Less commonly occurring species within the maritime succulent scrub include Mojave yucca (Yucca NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 18 JUNE 2023 schidigera), cane bluestem (Bothriochloa barbinodis), and clustered tarplant (Deinandra fasciculata). The majority of the maritime succulent scrub on site is high quality with only few non-native grass species. Non-native grasses scattered throughout the site are few and include mostly a variety of European bromes like red brome (Bromus rubens), rip gut brome (Bromus diandrus), and false brome (Brachypodium distachyon). Large open patches of the maritime succulent scrub are dominated by cryptogamic crusts and spikemoss species. Ashy spikemoss (Selaginella cinerascens) is a dominate plant on site within most openings. Soils within this vegetation community consist of clay loams. Maritime succulent scrub is the overall dominant plant community on site. 4.1.2 Tamarisk scrub Tamarisk scrub (Tamarix ramosissima) is a non-native community consisting almost entirely as a monoculture. Tamarisk scrub supplants native vegetation following a major disturbance. Tamarisk scrub is found in sandy, gravelly braided channels, or washes or intermittent streams. Tamarisk is a prolific seeding species and an aggressive competitor to other species in riparian corridors. Tamarix scrub is widely scattered and increasing its range, throughout the drier parts of California. Tamarix scrub is also moving into the deserts of Nevada, Arizona , and beyond (Oberbauer et al. 2008). Tamarisk scrub is dominant within the plant community on site, present on 0.42 acres and making up 95% of the vegetative cover. This tamarisk community can be easily identified with aerial photography due to the density. Two narrow riparian corridors are present within the project boundary that contain tamarisk. One corridor sits on the very western side of the site and the other near the central portion of the site. In addition, at the two offsite riprap areas south of Main street, tamarisk scrub was recorded along the fringes of the riparian zone associated with the Otay River floodplain. Large, mature tamarisk occur in these two small sections of the project site, intermixed with some mule fat shrubs (Baccharis salicifolia). Tamarisk creates dense monocultures that allow minimal light penetration to the ground, though a few remnant willows were still present on site. Thick stands of tamarisk allow for few annuals and few small perennials to persist below the canopy. The soils below the tamarisk consist of sand or sandy loams. Red willow (Salix laevigata), Goodding’s willow (Salix gooddingii), and mulefat occur in a very small percentage within the tamarisk scrub. Red brome, rip gut brome, and smilograss (Stipa miliacea) are the dominant species in the understory. Additional species observed, but in less than 1% cover include wild celery (Apium graveolens) and cocklebur (Xanthium strumarium). 4.1.3 Unvegetated Stream Channel Unvegetated stream channel is an aquatic community characterized by sandy, gravelly, or rocky fringes found around waterways or flood channels. Vegetation may be present but is usually is less than 10% total cover and grows on the outer edge of the channels (Oberbauer et al. 2008). Unvegetated stream occurs on 0.11 acres within the three drainages that generally flow north to south across the site. These drainages are all found at the bottom of steep slopes, two at the western and eastern edges of the project, the third in the center. The central channel’s eastern slope and edge consist of patches of dense singlewhorl burrobush (Ambrosia monogyra). Unvegetated stream channel also occurs south of Main street in the offsite riprap areas where the western and central drainages flow beneath M ain street via culvert structures. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 19 JUNE 2023 4.1.4 Disturbed Habitat Disturbed habitats are areas that have been physically disturbed and are no longer recognizable as a native or naturalized vegetation association. These areas may continue to retain soil substrate. If vegetation is present, it is almost entirely composed of non-native vegetation, such as ornamentals or ruderal exotic species. Examples of these areas may include graded landscapes or areas, graded firebreaks, graded construction pads, temporary construction staging areas, off-road-vehicle trails, areas repeatedly cleared for fuel management, or areas that are repeatedly used in ways that prevent revegetation (e.g., parking lots, trails that have persisted for years) (Oberbauer et al. 2008). Disturbed habitat is found on 0.46 acres near the central portion of the site, and in the offsite riprap areas south of Main street. Disturbed habitat on the main portion of the project site consists of an old dirt road and other disturbances; disturbed habitat south of Main street is associated with undeveloped land directly adjacent to Main street. The majority of this disturbed habitat has either compacted soils, soils that may have been historically disced and or graded to maintain a dirt road. In these disturbed areas, non-native European bromes dominate. Near the center of the site, the edges of observed disturbed habitat consist of San Diego ambrosia (Ambrosia pumila). San Diego ambrosia continues into the maritime succulent scrub habitat. 4.2 Jurisdictional Waters and Wetlands The study area supports several potential jurisdictional aquatic resources. Figure 4, Potential Jurisdictional Resources, shows where these areas are located. Wetland sampling points were collected along the western and central channels on site, as well as at the outlet of the western channel south of Main Street, and concluded there are no three-parameter wetlands. The eastern-most channel displayed similar characteristics as the other two, with an unvegetated channel and tamarisk along the slope. The three channels on site are unnamed. These channels are visible on aerial imagery before major site disturbance and development in the area started in the 1960s and 1970s. Rainfall along with runoff from the commercial developments to the north convey water into these channels through large metal culverts that outlet in the northern upstream portion of the study area. The channels flow south into a culvert beneath Main Street and into the Otay River. The western channel appears to receive perennial water, perhaps due to irrigation or other land uses; water was ponded at the outlet on the south side of Main Street during the March 2022 visit. The middle channel had a small amount of water at the culvert outlet but was dry for the majority of its length. At least half of this channel is filled with tires that were illegally du mped on site. The culvert beneath Main Street is clogged with sediment and the City was in the process of sediment removal in the off -site area during the March 2022 visit. This sediment removal and associated work areas had temporarily disturbed the channel configuration. Dudek mapped the estimated extent of the channel prior to the temporary disturbance. The eastern channel was dry during the site visit and was also partially filled with tires that were illegally dumped on site. These unvegetated stream features would be considered non-wetland waters and streams, potentially regulated by the jurisdiction of the USACE, RWQCB, and CDFW. While not a three-parameter wetland, tamarisk scrub is considered a “riparian scrub” and therefore a Chula Vista MSCP Subarea Plan wetland. In addition, this tamarisk would be regulated by CDFW as riparian habitat since it occurs along the slopes of the streams. There are two erosional features created on very steep slopes where water runoff has eroded the soils. While these are not typically regulated by resource agencies, they can convey stormwater and may be regulated by RWQCB. Table 3 summarizes these resources. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 20 JUNE 2023 Table 3. Jurisdictional Wetlands and Waters at the Project Site Wetlands Vegetation Community/ Water Feature J urisdiction Acres Tamarisk scrub (riparian) CDFW; City 0.42 Unvegetated channel USACE/CDFW/RWQCB Non-wetlands waters 0.11 Maritime succulent scrub (top of bank) CDFW 0.02 Erosional Feature RWQCB Non-wetland waters 0.01 Total 0.56 4.2.1 Wetlands Discussion Merkel & Associates conducted a jurisdictional delineation in 2007. Their delineation mapped wetlands on site. However, the 2021 jurisdictional delineation concluded there were no three -parameter wetlands on site. As described in Sections 2 and 3, wetlands must have hydrophytic vegetation, hydric soils, and hydrology present in order to be considered a wetland. The previous report and data forms indicate certain wetland species were present on site during that time, including southern cattail (Typha domingensis) and areas dominated by willows or mulefat. Their report concluded that the riparian scrub communities were wetlands; however, their report also states that only two parameters were present at their data points: hydrophytic vegetat ion and hydrology. Hydric soils were absent from their data points and the report states they were assumed “due to dominance of FACW plant species”. USACE guidance documents, such as the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008) describe assuming hydric soils under certain circumstances, such as a combination of various factors or “problematic” hydric soils. The Merkel & Associates report does not provide any further explanation besides the presence of certain plant species, nor does the report include the second page of the wetland data determination forms to provide further clarification to support this conclusion. The presence of certain hydrophytic plant species alone is not sufficient to assume hydric soils. Regardless, the site has changed between 2007 and 202 2 and the biological resources present have changed. The 2021 and 2022 delineations represent the current conditions of the site, which lack three-parameter wetlands. Tamarisk is the dominant riparian plant present on site, with the understory dominated by upland grasses. Tamarisk is a facultative plant, which means it can occur in both wetlands and non-wetlands. No facultative wetland or obligate plants were dominant in areas on site. None of the soils on site (Olivenhain-Urban land complex, 9 to 30 percent slopes, Salinas clay loam, 2 to 9 percent slopes) or gravel pits are mapped as hydric nor do they have indications of being a problematic soil (e.g., alkaline). While not a three-parameter wetland, the tamarisk is mapped as a riparian resource regulated by CDFW and a City wetland. Willows and mulefat are a very small component of the tamarisk; however, they are not dominant or co-dominant (typically one tree or shrub) and do not meet the definition of a stand-alone vegetation community based on Oberbauer (2008). 4.3 Botany A total of 99 species of native or naturalized plants, 50 native (51%) and 49 non-native (49%), was recorded on the site (Appendix A). Twenty-four families were observed on site, with members of Asteraceae and Poaceae representing most of the recorded species. Special-status plants known to occur at the project or with moderate to high to potential to occur at the study area are discussed in Section 4.5.1, Special-Status Plant Species. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 21 JUNE 2023 4.4 Zoology Historic information and recent surveys are the basis for the description of wildlife on the study area. Special-status wildlife known to occur at the project or with moderate to high to potential to occur at the study area are discussed in Section 4.5.2, Special-Status Wildlife Species. A list of wildlife species observed or detected on site is included in Appendix B. 4.4.1 Birds A total of 26 species of birds were observed within study area or immediately off site during the surveys conducted by Dudek in 2021. Some of the species observed include coastal American kestrel (Falco sparverius), Anna's hummingbird (Calypte anna), California towhee (Melozone crissalis), common yellowthroat (Geothlypis trichas), house finch (Haemorhous mexicanus), red-tailed hawk (Buteo jamaicensis), Pacific-slope flycatcher (Empidonax difficilis), and northern mockingbird (Mimus polyglottos). 4.4.2 Reptiles and Amphibians Three reptile species was observed within the study area during the Dudek surveys: western fence lizard (Sceloporus occidentalis) and orange-throated whiptail (Aspidoscelis hyperythra). Based on the habitat present and Dudek biologists’ knowledge of the area, it is presumed that several other reptile and amphibian species occur on the study area. Some of these include common side-blotched lizard (Uta stansburiana), red-diamond rattlesnake (Crotalus ruber), Blainville’s horned lizard (Phrynosoma blainvillii), tree frogs (Pseudacris spp.), and western toad (Bufo boreas). 4.4.3 Mammals Three species of mammal were detected within the study area by direct observation or sign: California ground squirrel (Spermophilus (Otospermophilus) beecheyi), coyote (Canis latrans), and desert cottontail (Sylvilagus audubonii). Other mammal species that likely use the site include Botta’s pocket gopher (Thomomys bottae), and common raccoon (Procyon lotor). 4.4.4 Invertebrates Twelve species of invertebrates, all of which were butterflies, were identified within the study area by direct observation. Common species on site include Behr’s metalmark (Apodemia mormo virgulti), marine blue (Leptotes marina), Edward’s blue (Hemiargus ceraunus gyas), western pygmy-blue (Brephidium exile), and cloudless sulphur (Phoebis sennae). Invertebrate diversity is expected to be moderately high, especially in the naturally vegetated portions of the study area. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 22 JUNE 2023 4.5 Sensitive Biological Resources The following resources are discussed in this section: 1. Plant and wildlife species present in the project vicinity that are given special recognition by federal, state, or local agencies and organizations 2. Habitat types recognized by local and regional agencies as sensitive 3. Habitat areas that are unique, are of relatively limited distribution, or are of particular value to wildlife 4. Wildlife corridors and habitat linkages 4.5.1 Special-Status Plant Species Plant species are considered special status if they have been listed or proposed for listing by the federal or state government as rare, endangered, or threatened (“listed species”); have a CRPR of 1–4; are listed as an MSCP- covered species; and/or have been adopted by the City as narrow endemic. An evaluation of known records in the Imperial Beach quadrangle and the surrounding four quadrangles (CDFW 2021a; CNPS 2021; USFWS 2021a) was conducted to determine which species have been recorded in the project vicinity. Figure 5 shows the CNDDB occurrences within 1 mile of the study area. In addition, Dudek’s knowledge of biological resources, the regional distribution of each species (SDNHM 2021; Calflora 2021; Reiser 2001), and anecdotal observations from other 2021 surveys, as well as elevation, habitat, and soils present within the project footprint and study area, were evaluated to determine the potential for various special-status species to occur. Rare plant surveys were conducted in 2007 by Merkel & Associates Inc. Multiple special status plant species were observed during those surveys and the results contained in the Biological Impact Analysis Report for the Chula Vista Street Western Parcel Project (Appendix G) were considered during this assessment. Protocol level special-status plant surveys to determine the presence or absence of plant species that are considered endangered, rare, or threatened under CEQA Guidelines Section 15380 (14 CCR 15000 et seq.) were conducted in April and May 2022. Focused surveys for other resources within the study area were conducted in 2021. One federally listed plant species was detected within the study area: San Diego ambrosia (Ambrosia pumila) (federally threatened; CRPR 1B.1; MSCP Covered species and narrow endemic). Five other species considered sensitive by various agencies also occur within the study area: singlewhorl burrobrush (Ambrosia monogyra; CRPR 2B.2), California adolphia (Adolphia californica; CRPR 2B.1), San Diego barrel cactus (Ferocactus viridescens; CRPR 2B.1; MSCP Covered species), Ashy spike-moss (Selaginella cinerascens; CRPR 4.1), and San Diego County viguiera (Viguiera laciniata; CRPR 4.3). The six observed rare plants observed on site are shown in Table 4 and shown on Figure 3. Plants with low or no potential to occur are listed in Appendix E. Species observed during the 2021 and 2022 focused surveys are described herein. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 23 JUNE 2023 Table 4. Special Status Plant Species Observed On Site Scientific Name Common Name Status (Federal/State /CRPR /MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Adolphia californica California adolphia None/None/ 2B.1/None Chaparral, Coastal scrub, Valley and foothill grassland; Clay/perennial deciduous shrub/ Dec–May/33–2,425 Observed on site during vegetation mapping and rare plant surveys, and in 2007 (Appendix G). Ambrosia monogyra singlewhorl burrobrush None/None/ 2B.2/None Chaparral, Sonoran desert scrub; sandy/perennial shrub/Aug–Nov/ 33–1,640 Observed on site during vegetation mapping and rare plant surveys. Ambrosia pumila San Diego ambrosia FE/None/ 1B.1/Covered; NE Chaparral, Coastal scrub, Valley and foothill grassland, Vernal pools; sandy loam or clay, often in disturbed areas, sometimes alkaline/perennial rhizomatous herb/ Apr–Oct/66–1,360 Observed on site during vegetation mapping. Ferocactus viridescens San Diego barrel cactus None/None/ 2B.1/Covered Chaparral, Coastal scrub, Valley and foothill grassland, Vernal pools/perennial stem succulent/May–June/ 10–1,475 Observed on site during vegetation mapping and rare plant surveys, and in 2007 (Appendix G). Selaginella cinerascens ashy spike- moss None/None/ 4.1/None Chaparral, Coastal scrub/perennial rhizomatous herb/N.A./66–2,095 Observed on site during vegetation mapping and rare plant surveys. Viguiera laciniata San Diego County viguiera None/None/ 4.3/None Chaparral, Coastal scrub/perennial shrub/Feb–June(Aug)/ 197–2,460 Observed on site during vegetation mapping and rare plant surveys. Source: Calflora 2021; iNaturalist 2021; Reiser 2001; SDNHM 2021 Status Designations Covered: species covered under the Chula Vista MSCP FE: Federally listed as endangered SE: State listed as endangered CRPR (California Rare Plant Rank): CRPR 1A: Plants presumed extirpated in California and either rare or extinct elsewhere CRPR 1B: Plants rare, threatened, or endangered in California and elsewhere CRPR 2A: Plants presumed extirpated in California, but common elsewhere CRPR 2B: Plants rare, threatened, or endangered in California, but more common elsewhere CRPR 3: Plants about which more information is needed – a review list CRPR 4: Plants of limited distribution – a watch list NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 24 JUNE 2023 Threat Rank: 1: seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat) 2: moderately threatened in California (20%–80% of occurrences threatened/moderate degree and immediacy of threat) 3: not very threatened in California (<20% of occurrences threatened/low degree and immediacy of threat or no current threats known) California adolphia (Adolphia californica), CRPR 2B.1. California adolphia is a dicot, California native shrub that occurs in San Diego, Los Angeles, and Monterey counties (Calflora 2021). This species is found in chaparral, valley grassland, and coastal sage scrub, and typically blooms from December to May. California adolphia occurs at elevations of 33 to 2,428 feet amsl. California adolphia was observed in the western portion of the study area (Figure 3). Singlewhorl burrobrush (Ambrosia monogyra), CRPR 2B.2. Singlewhorl burrobrush is a dicot, California native shrub that occurs in Imperial, Inyo, Orange, Riverside, San Bernardino, and San Diego counties (Calflora 2021). This species is found in coastal sage scrub, freshwater wetland, and chaparral habitat and typically blooms from August to November. Singlewhorl burrobrush occurs at elevations below 1,640 feet amsl. Singlewhorl burrobrush was observed along the western and middle drainages (Figure 3). San Diego ambrosia (Ambrosia pumila), CRPR 1B.1, Federally Endangered, MSCP Covered Species, Narrow Endemic. San Diego ambrosia is an herbaceous plant that blooms April through October and grows in freshwater wetland, coastal sage scrub, and chaparral communities (CNPS 2021). San Diego ambrosia was observed adjacent to the middle drainage (Figure 3). San Diego Barrel Cactus (Ferocactus viridescens), CRPR 2B.1, MSCP Covered Species. San Diego barrel cactus is a dicot, California native species of cactus that is found almost exclusively in the coastal regions of San Diego (Calflora 2021). This species is often found in coastal scrub, chaparral, and grassland environments, blooming May through June. It is found at elevations ranging from 10 to 1,475 feet amsl. San Diego barrel cactus was observed in the far western and northeastern portions of the study area (Figure 3). Ashy Spike Moss (Selaginella cinerascens), CRPR 4.1. Ashy spike moss is a pteridophyte, California native fern found only in southern San Diego and Orange counties. It is also found in parts of northern Mexico. This species occurs in chaparral and coastal scrub communities ranging from 66 to 2,095 amsl. Ashy spike moss was observed in the western portion of the study area (Figure 3). San Diego County viguiera (Viguiera laciniata), CRPR 4.3 San Diego County viguiera is a dicot, California native perennial shrub that occurs in San Diego and Orange counties (Calflora 2021). This species is found in chaparral and coastal sage scrub. The bloom period for San Diego County viguiera is from February to August. San Diego County viguiera occurs at elevations of 195 to 2,460 feet amsl. This species is present throughout the maritime succulent scrub on site and was not mapped. 4.5.2 Special-Status Wildlife Species Table 5 provides a cumulative list of special-status wildlife species that were observed during focused surveys or that have moderate to high potential to occur in the study area based on the literature search. Figure 5 shows the CNDDB occurrences within 1 mile of the study area. Appendix E shows all species that have low or no potential to occur. The potential to occur is based on known occurrences in the region, life history, and the general habitat requirements. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 25 JUNE 2023 Focused surveys of the study area were conducted according to the methods presented in Section 3.2.3 , Fauna. Focused surveys for coastal California gnatcatcher were conducted at the study area during the 2021 season. Special-status wildlife species observed include wrentit (Chamaea fasciata), Cooper’s hawk (Accipiter cooperii), and least Bell’s vireo (Vireo bellii pusillus). Surveys conducted in 2007 by Merkel & Associates observed multiple special- status wildlife species and the results of those surveys were considered during this assessment. Regarding quino checkerspot butterfly, per Section 5.2.8.2 in the City’s Subarea Plan, “Outside of the Preserve, protocol surveys for QCB presence will be required for Development Areas only within Non-Preserve Habitat- Category A east of SR125”. The Proposed Project is located west of SR125 and therefore does not require focused surveys. Within the 100% Conservation Areas, potential impacts to quino checkerspot butterfly habitat will be minimized. There is no suitable habitat for quino checkerspot butterfly i n the two riprap modification areas within the 100% Conservation Area since they are comprised of disturbed habitat and tamarisk scrub, both lacking the soil substrate and plant composition that would support quino checkerspot butterfly. A description of special-status wildlife species observed or detected during surveys conducted in 2021 is included herein. Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Reptiles Aspidoscelis hyperythra orange- throated whiptail None/WL/ Covered Low-elevation coastal scrub, chaparral, and valley–foothill hardwood Observed. Several orange- throated whiptails were observed during the 2023 surveys. Aspidoscelis tigris stejnegeri San Diegan tiger whiptail None/SSC/ None Hot and dry areas with sparse foliage, including chaparral, woodland, and riparian areas. High potential to occur on site. There is suitable vegetation on site. The nearest CNDDB occurrence record, collected in 2000 or 2001, is 6.8 miles southeast of the study area. Some suitable vegetation present. Crotalus ruber red diamondback rattlesnake None/SSC/ None Coastal scrub, chaparral, oak and pine woodlands, rocky grasslands, cultivated areas, and desert flats High potential to occur. Suitable coastal scrub vegetation present on site. Nearest CNDDB record of occurrence, collected in 2006, is 1 mile northwest of the study area. Masticophis fuliginosus Baja California coachwhip None/SSC/ None In California restricted to southern San Diego County, where it is known from grassland and coastal sage scrub. Open areas in Moderate potential to occur. The nearest CNDDB record of occurrence, collected in 1941, is 1 mile south of the study area. Suitable scrub habitat present on site. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 26 JUNE 2023 Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur grassland and coastal sage scrub. Phrynosoma blainvillii Blainville's horned lizard None/SSC/ Covered Open areas of sandy soil in valleys, foothills, and semi-arid mountains including coastal scrub, chaparral, valley– foothill hardwood, conifer, riparian, pine– cypress, juniper, and annual grassland habitats High potential to occur. The nearest CNDDB record of occurrence, collected in 1981, is 2.4 miles south of the study area. There is an observation just south of Main Street from 2017 (iNaturalist 2021). Suitable riparian and coastal scrub vegetation present on site. Birds Accipiter cooperii (nesting) Cooper's hawk None/WL/ Covered Nests and forages in dense stands of live oak, riparian woodlands, or other woodland habitats often near water Observed foraging on site. Low potential to nest on site with the limited number of trees and surrounding development. The Otay River is located just south and has much better-quality nesting habitat. There is suitable nesting habitat for this species near the offsite riprap modification areas. The nearest CNDDB record of occurrence, collected in 2001, is 6.8 miles southwest of the study area. Aimophila ruficeps canescens Southern California rufous- crowned sparrow None/WL/ Covered Nests and forages in open coastal scrub and chaparral with low cover of scattered scrub interspersed with rocky and grassy patches High potential to occur. The nearest CNDDB record of occurrence, collected in 2002, is 1.2 miles northeast of the study area. Suitable vegetation is present for foraging or nesting individuals. Artemisiospiza belli Bell's sparrow None/WL/ None Nests and forages in coastal scrub and dry chaparral; typically in large, unfragmented patches dominated by chamise; nests in more dense patches but uses more open habitat in winter Moderate potential to occur. The nearest CNDDB record of occurrence, collected in 2000, is 6.8 miles northwest of the study area. Suitable coastal scrub vegetation present on site. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 27 JUNE 2023 Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Campylorhynchus brunneicapillus sandiegensis (San Diego & Orange Counties only) coastal cactus wren None/SSC/ Covered Southern cactus scrub patches Low potential to nest on site and moderate potential to forage on site. The nearest CNDDB record of occurrence, collected in 1989, is 0.5-mile east of the study area. There is cactus throughout the study area, though there are no cactus thickets or patches typically required for nesting. Additionally, no nests or individuals were heard or observed during the 2021 focused California gnatcatcher surveys or previous surveys done in 2007 (Appendix G). Site could be used by transient individuals but has low nesting potential. Chamaea fasciata wrentit BCC/None/ None Primarily coastal scrub and chaparral, but also riparian habitats, oak woodland, mixed hardwood, and mixed conifer forests Observed. Icteria virens (nesting) yellow- breasted chat None/SSC/ None Nests and forages in dense, relatively wide riparian woodlands and thickets of willows, vine tangles, and dense brush Moderate potential to nest on site. The nearest CNDDB record of occurrence, collected in 2001, is 1.7 miles east of the study area. Some marginal riparian vegetation present that could support nesting or could occur on site as transient forager. There is suitable habitat for this species near the offsite riprap modification areas. Polioptila californica coastal California gnatcatcher FT/SSC/ Covered Nests and forages in various sage scrub communities, often dominated by California sagebrush and buckwheat; generally avoids nesting in areas with a slope of greater than 40%; majority of High potential to occur. Two pairs were documented nesting on site during the 2007 surveys (Appendix G). Suitable scrub vegetation dominates the study area. Site could be used by foraging and nesting individuals. Protocol level surveys were conducted in July, August, and October 2021 with no recorded NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 28 JUNE 2023 Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur nesting at less than 1,000 feet amsl observations; however, based on the presence of suitable habitat it is assumed this species can nest on site. Setophaga petechia (nesting) yellow warbler None/SSC/ None Nests and forages in riparian and oak woodlands, montane chaparral, open ponderosa pine, and mixed-conifer habitats Observed during 2023 surveys. Moderate potential to nest on site. Some marginal riparian vegetation present that could support nesting, but most likely the observation was a transient forager given the proximity to the Otay River. There is suitable habitat for this species near the offsite riprap modification areas. Vireo bellii pusillus (nesting) least Bell's vireo FE/SE/ Covered Nests and forages in low, dense riparian thickets along water or along dry parts of intermittent streams; forages in riparian and adjacent shrubland late in nesting season Low potential to nest on site north of Main Street. This species nests in the Otay River, just south of the main project site. An individual least Bell’s vireo was observed on July 1, 2021 during the focused California gnatcatcher survey but was not detected later in the day or during subsequent surveys. Riparian habitats on site are small in size, dominated by non- native tamarisk, and offer little nesting opportunity for this species. There is high likelihood that this species could use the main project site (north of Main Street) as a transient forager, though nesting is unlikely. The offsite riprap modification areas south of Main Street are comprised of disturbed habitat or tamarisk but assumed to be adjacent to suitable nesting habitat for least Bell’s vireo. Mammals Chaetodipus fallax northwestern San Diego pocket mouse None/SSC/ None Coastal scrub, mixed chaparral, sagebrush, desert wash, desert scrub, desert Moderate potential to occur. The nearest CNDDB record of occurrence, collected in 1993, is 0.5 miles south of the study area. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 29 JUNE 2023 Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur succulent shrub, pinyon–juniper, and annual grassland This species prefers rocky habitat near shrubs and occurrence numbers in chaparral is negligible (Tremor 2017). The site is dominated by maritime succulent scrub which is dense, and the site lacks rocky areas. Eumops perotis californicus western mastiff bat None/SSC/ None Chaparral, coastal and desert scrub, coniferous and deciduous forest and woodland; roosts in crevices in rocky canyons and cliffs where the canyon or cliff is vertical or nearly vertical, trees, and tunnels Moderate potential to occur. The nearest CNDDB record of occurrence is 2.5 miles west of the study area. No date is associated with this record. Suitable coastal scrub vegetation is present, roosting opportunity is limited to a few palm trees and eucalyptus. Lasiurus blossevillii western red bat None/SSC/No ne Forest, woodland, riparian, mesquite bosque, and orchards, including fig, apricot, peach, pear, almond, walnut, and orange; roosts in tree canopy Moderate potential to occur on site. The nearest CNDDB record of occurrence, collected in 2003, is 9.2 miles north of the project site. There is potential for this species to roost in the few palm trees and eucalyptus on site. Lepus californicus bennettii San Diego black-tailed jackrabbit None/SSC/ None Arid habitats with open ground; grasslands, coastal scrub, agriculture, disturbed areas, and rangelands High potential to occur. The nearest CNDDB record of occurrence, collected in 2002, is 1 mile northeast of the study area. Suitable coastal scrub vegetation is present on site. Neotoma lepida intermedia San Diego desert woodrat None/SSC/ None Coastal scrub, desert scrub, chaparral, cacti, rocky areas Moderate potential to occur. The nearest CNDDB record of occurrence, collected in 2003, is 0.6 miles south of the study area. Suitable coastal scrub and cacti vegetation present on site; however, the area lacks records of this species (Tremor 2017). Perognathus longimembris pacificus Pacific pocket mouse FE/SSC/ None fine-grained sandy substrates in open coastal strand, coastal Not expected to occur. The only location where this subspecies occurs in San Diego County is at NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 30 JUNE 2023 Table 5. Special Status Wildlife Species Observed On Site or With Moderate to High Potential to Occur On Site Scientific Name Common Name Status (Federal/ State/MSCP) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur dunes, and river alluvium Camp Pendleton and Santa Margarita (Tremor 2017). Source: Appendix G; iNaturalist 2021; Tremor 2007 Note: amsl = above mean sea level; CNDDB = California Natural Diversity Database; FE: Federally listed as endangered; FT: Federally listed as threatened; BCC: U.S. Fish and Wildlife Service Bird of Conservation Concern; SSC: California Species of Special Concern; WL: California Watch List species; SE: State listed as endangered; Covered: covered species under the MSCP Least Bell’s vireo (Vireo bellii pusillus), Federally Endangered, State Endangered. Least Bell’s vireo is federally listed as endangered, state-listed as endangered, and an MSCP Covered Species. The breeding range of least Bell’s vireo includes coastal and inland Southern California (including the western edge of Southern California’s southern deserts), a small area within California’s Central Valley, and extreme northern Baja California, Mexico. Least Bell’s vireo overwinters primarily along southern Baja California (Kus 2002). Least Bell’s vireo primarily occupy riverine riparian habitats along water, including dry portions of intermittent streams that typically provide dense cover within 1 to 2 meters (3.3 to 6.6 feet) off the ground, often adjacent to a complex, stratified canopy. Least Bell’s vireo nesting habitats in cismontane and coastal areas include southern willow scrub; mulefat scrub; arroyo willow riparian forest edge; wild blackberry thickets; and more rarely, cottonwood forest, sycamore alluvial woodland, and southern coast live oak riparian forest. A single individual was observed at the study area during 2021 surveys. They are assumed to be nesting in the Otay River. Cooper’s hawk (Accipiter cooperii), Federal Bird of Conservation Concern. Cooper’s hawk is found in many regions of California, primarily in wooded habitats. It is listed as an MSCP Covered Species and appears on CDFW’s Special Animals list (CDFW 2021d). It nests and forages in dense stands of live oak and riparian communities, often near water, and is rarely found in areas that lack wooded habitat. A single individual was observed on site during focused surveys conducted in 2021. Similar observations were recorded in 2007 (Appendix G). Wrentit (Chamaea fasciata), Federal Bird of Conservation Concern. The wrentit is listed on the USFWS’s 2021 Birds of Conservation Concern list. This species is often found in chaparral and woodland communities on California’s coasts and in the interior mountain regions. A single individual was observed at the study area during 2021 focused surveys. Yellow warbler (Setophaga petechia), Species of Special Concern. Yellow warbler is a Species of Special Concern. It nests and forages in riparian and oak woodlands, montane chaparral, open ponderosa pine, and mixed -conifer habitats. It was only detected once despite numerous surveys onsite, and likely nests in the Otay River and occasionally uses the drainages onsite for foraging. Orange-throated whiptail (Aspidoscelis hyperythra), Watch List. Orange-throated whiptail is a lizard that occurs in scrub, chaparral, and valley-foothill hardwood. Several were observed during the 2023 surveys in the maritime succulent scrub. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 31 JUNE 2023 4.5.2.1 Coastal California Gnatcatcher Focused Survey Results A coastal California gnatcatcher California Natural Diversity Database occurrence has been recorded within 1 mile of the study area to the east (Figure 5) and suitable habitat exists on site. No coastal California gnatcatcher were detected within the study area during focused protocol surveys in 2021. Two pair of gnatcatcher were detected during the 2007 focused surveys (Appendix G). While not detected during the 2021 surveys, there is suitable nesting habitat on site and the site is considered potential habitat for this species. Details regarding the 2021 on-site and off-site surveys can be found in the focused survey report in Appendix H, Coastal California Gnatcatcher Protocol Survey Reports. 4.5.2.2 Crotch Bumble Bee Focused Surv ey Results No Crotch bumble bees were detected onsite. One Vosnesensky bumble bee (Bombus vosnesenskii) was observed during one of the surveys. Vosnesensky bumble bee is a very common, widespread bumble bee in the Western U.S. On site, small mammal burrows and brush piles were checked for signs of bumble bee nesting activity. No bumble bee nests were detected. There is one Crotch bumble bee record approximately 1.6 miles south of the project site reported in 2017, as well as two others from 2017 and 2021 approximately 5 miles from the site, all reported in iNaturalist (Richardson 2023). The closest CNDDB records for this species are located 6.6 miles and 7 miles from the site (CDFW 2023b). Given the lack of observations of Crotch bumble bees or potential bumble bee nests, this species does not occur on site. 4.5.3 Sensitive Vegetation Communities Sensitive habitats are those that are considered rare within the region, support special -status plant and/or wildlife species, or are important to provide connections for wildlife movement. The City of Chula Vista defines sensitive biological resources as those that contain natural vegetation; that are identified as Tier I, II, or III on Table 5-3 of the Chula Vista MSCP Subarea Plan; and/or that are wetlands identified in Table 5-6 of the Chula Vista MSCP Subarea Plan. Habitat types found on the study area that are considered sensitive include maritime succulent scrub, unvegetated stream, and tamarisk scrub (Table 2; Figure 3). Maritime Succulent Scrub Maritime succulent scrub is considered a sensitive vegetation community by the Chula Vista MSCP Subarea P lan because it supports species that are covered under the plan. Tamarisk Scrub Tamarisk scrub is considered a sensitive vegetation community by the Chula Vista MSCP Subarea Plan because it supports species that are covered under the plan and because of it s function as a wetland community under the plan. In addition, this vegetation community is regulated by CDFW as riparian habitat. Jurisdictional Resources Three drainages occur in the study area. These drainages are considered waters that may be regulated by USACE, RWQCB, and CDFW and flow into the Otay River. These waters are described in greater detail in Section 4.2, Jurisdictional Waters and Wetlands. Tamarisk scrub is also found on site and regulated by CDFW as riparian habitat NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 32 JUNE 2023 and the City under the Chula Vista MSCP Subarea Plan Wetlands Protection Program. Two erosional features may be regulated by RWQCB. 4.5.4 Wildlife Corridors and Habitat Linkages Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for the immigration and emigration of animals. Wildlife corridors contribute to population viability through the following: 1. Ensuring the continual exchange of genes between populations, which helps maintain genetic diversity 2. Providing access to adjacent habitat areas, representing additional territory for foraging and mating 3. Allowing for a greater carrying capacity 4. Providing routes for colonization of habitat lands following local population extinctions or habitat recovery from ecological catastrophes (e.g., fires) Habitat linkages are patches of native habitat that function to join two larger patches of habitat. They serve as connections between habitat patches and help reduce the adverse effects of habitat fragmentation. Although individual animals may not move through a habitat linkage, the linkage does represent a potential route for gene flow and long-term dispersal. Habitat linkages may serve as both habitat and avenues of gene flow for small animals such as reptiles and amphibians. Habitat linkages may be represented by continuous patches of habitat or by nearby habitat “islands” that function as “stepping stones” for dispersal. The MSCP defines core and linkage areas as those maintaining ecosystem function and processes, including large animal movement. Each core area is connected to other core areas or to habitat areas outside of the MSCP either through common boundaries or through habitat linkages. Core areas have multiple connections to help ensure that the balance in the ecosystem will be maintained. The Otay River Valley provides a major wildlife corridor for the entire South Bay region (Figure 2). As such, the study area sits near a major center for regional wildlife movement but is not a linkage or corridor itself. The southern border of the project is less than 200 feet away from the active floodplain of the river as it flows west towards the bay and species that spend all or a portion of their life cycle in the Otay River may use the site for foraging. 13518 33 JUNE 2023 5 Anticipated Project Impacts This section addresses direct, indirect, and cumulative impacts to biological resources that would result from implementation of the proposed project. Direct impacts were quantified by overlaying the anticipated limits of grading on the biological resource s map and quantifying impacts. The direct impacts are based on the limits of grading and the limits of the work area for the offsite riprap modification areas. Indirect Impacts result from adverse edge effects, either short-term indirect impacts related to construction, or long- term, chronic indirect impacts associated with the location of urban development in proximity to biological resources within natural open space. During construction of the project, short -term indirect impacts may include dust and noise, which could disrupt habitat and species vitality temporarily, and construction -related soil erosion and runoff. However, all project grading is subject to established restrictions and requirements that restrict erosion and runoff, including the federal Clean Water Act and National Pollution Discharge Elimination System, as well as preparation of a stormwater pollution prevention plan. These programs minimize project impacts to erosion/runoff. Long-term indirect impacts to adjacent open space may include intrusions by humans and domestic pets, noise, lighting, invasion by exotic plant and wildlife species, effects of toxic chemicals (e.g., fertilizers, pesticides, herbicides, and other hazardous materials), urban runoff from developed areas, soil erosion, litter, fire, and hydrological changes (e.g., changes in groundwater level and quality). Cumulative Impacts refer to incremental individual environmental effects of two or more projects when considered together. These impacts taken individually may be minor but become collectively significant as they occur over time. Cumulative impacts will be discussed in the CEQA document. 5.1 Explanation of Findings of Significance Impacts to sensitive habitats, special-status plants, and special-status wildlife species must be quantified and analyzed to determine whether such impacts are significant under CEQA. CEQA Guidelines Section 15064(b) states that an ironclad definition of “significant” effect is not possible because the significance of an activity may vary with the setting. Appendix G of the Guidelines, however, does provide “examples of consequences which may be deemed to be a significant effect on the environment” (Guidelines Section 15064[e]). These effects include substantial effects on rare or endangered species of animal or plant or the habitat of the species. Guidelines Section 15065(a) is also helpful in defining whether a project may have “a significant effect on the environment.” Under that section, a proposed project may have a significant effect on t he environment if the project has the potential to: 1 Substantially degrade the quality of the environment 2 Substantially reduce the habitat of a fish or wildlife species 3 Cause a fish or wildlife population to drop below self-sustaining levels 4 Threaten to eliminate a plant or animal community 5 Reduce the number or restrict the range of a rare or endangered plant or animal 6 Eliminate important examples of the major period of California history or prehistory NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 34 JUNE 2023 The evaluation of whether or not an impact to a particular biological resource is significant must consider both the resource itself and the role of that resource in a regional context. Substantial impacts are those that contribute to, or result in, permanent loss of an important resource, such as a population of a rare plant or animal. Impacts may be important locally because they result in an adverse alteration of existing site conditions, but considered not significant because they do not contribute substantially to the permanent loss of that resource regionally. The severity of an impact is the primary determinant of whether or not that impact can be mitigated to a level below significant. 5.2 Direct Impacts 5.2.1 Impacts to Vegetation Communities at the Project Site Implementation of the proposed project would result in permanent impacts to 14.44 acres of the project site (both on- site and off-site areas), including 13.98 acres of upland areas. See Figure 6, Impacts to Biological Resources. Figure 7A shows the project site plan depicting proposed roads, facilities, parking, etc. Figure 7B shows the riprap modifications. Impacts to native upland vegetation communities and wetlands habitats are considered significant under the Subarea Plan and in accordance with the HLIT Ordinance require mitigation (Subarea Plan Tables 5-3 and 5-6) (City of Chula Vista 2003). Sensitive vegetation communities to be permanently impacted within the project site include maritime succulent scrub, tamarisk scrub, and unvegetated channel. The impacts to tamarisk scrub and unvegetated channel are described in Section 5.2.4. Impacts to sensitive vegetation communities (as noted in Table 6) are considered significant (Impact BIO-1) and would be reduced to a less-than-significant level by virtue of the biological mitigation (See Mitigation Measure [MM]-1). In addition, the Project will be required to obtain a HLIT permit, in accordance with the HLIT Ordinance, as described in MM-2. The required findings for issuance of an HLIT permit are included in Appendix F. Vegetation communities that are considered to be sensitive by the City are listed as wetlands or classified as Tier I through Tier III (City of Chula Vista 2003). Table 6 includes the summary of impacts to upland vegetation communities and land covers. These communities are expected to be directly impacted, since project activities will result in soil disturbance and grading. Impacts to the City wetlands and regulated waters are described in Section 5.2.4. Table 6. Impacts and Mitigation Requirements for Upland Vegetation Communities and Land Cover Habitat Type Impacts (Ac.) HLIT Habitat Tier/Type MSCP Mitigation Ratio Upland Required Mitigation (Ac.) Maritime succulent scrub 13.53 I 1:1 13.53 Disturbed Habitat 0.45 IV NA 0 Total 13.98 -- -- 13.53 Notes: HLIT = Habitat Loss and Incidental Take (Ordinance); MSCP = Multiple Species Conservation Program Direct, temporary impacts could occur to native vegetation east of the project site if work extends beyond the approved limits of grading due to lack of adequate construction fencing. This could result in significant impacts to vegetation communities that are not covered under the proposed project, which would be a significant impact (Impact BIO-2). This potential impact would be reduced to less than significant through implementation of MM-3 and MM-4. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 35 JUNE 2023 5.2.2 Special-Status Plant Species Implementation of the proposed project would result in the direct loss of special-status plant species occurring within the project site, as discussed in Section 4.5.1. Six special-status plant species were recorded at the project site during focused surveys conducted in 2021 and 2022. Impacts to special-status plants with CRPR 1 or 2 that are not covered under the MSCP are considered significant (Impact BIO-3). The proposed project would result in impacts to 239 California adolphia and 20 singlewhorl burrobrush. These impacts would be reduced to less than significant through implementation of MM-1, which requires the mitigation land to support these special-status species or provide relocation and/or re-seeding of these plants. Plants with a CRPR 3 are plants that need review and are taxonomically problematic; plants with a CRPR 4 are uncommon in California with limited distribution but are not considered extirpated, rare, or endangered. These are not considered rare from a statewide perspective and thus impacts to these species are not considered a significant impact. Covered plants under the MSCP are considered adequately conserved by virtue of implementing the Subarea Plan. No additional measures are required for San Diego barrel cactus since that is a covered species; however, the applicant will salvage and translocate the 14 impacted species to the mitigation site per the request of CDFW. Additional measures are required under the conditions of coverage for San Diego ambrosia. Impacts to San Diego ambrosia (Narrow Endemic) exceed the allowable 20% of the population on site and therefore require mitigation to demonstrate a superior biological preservation alternative. MM-1 requires the mitigation land to establish San Diego ambrosia at a 2:1 mitigation ratio. Therefore, impacts to Covered plants would be reduced to less than significant through implementation of mitigation measures. Direct, temporary impacts could occur to special-status plants, if present in the native vegetation east of the project site, if work extends beyond the approved limits of grading. This could result in significant impacts to special-status plants that are not covered under the proposed project, which would be a significant impact (Impact BIO-4). This potential impact would be reduced to less than significant through implementation of MM-3 and MM-4. 5.2.3 Special-Status Wildlife Species Implementation of the proposed project could result in the direct loss of habitat for the special-status wildlife species discussed in Section 4.5.2. Figure 3 shows the special-status wildlife species occurrences on site and Figure 5 shows the CNDDB records within 1 mile of the study area. Impacts to habitat for special-status wildlife species observed or listed as having a moderate to high potential to occur within the study area that are not covered under the MSCP are considered significant (Impact BIO-5). These impacts would be reduced to less than significant through habitat preservation (MM-1 and MM-2 would preserve habitat for wildlife species) and avoiding direct and indirect impacts to nesting birds (MM-5). Covered wildlife species under the MSCP are considered adequately conserved by virtue of implementing the Subarea Plan. Significant impacts would occur if the proposed project did not implement species-specific conditions of coverage (Impact BIO-6). MM-1 and MM-2 would preserve habitat for wildlife species and MM-5 would be implemented to adhere to the conditions of coverage, which are summarized in Section 5.2.6, Consistency with Chula Vista MSCP Subarea Plan. These impacts would be reduced to less than significant through implementation of the mitigation measures. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 36 JUNE 2023 Direct, temporary impacts could occur to special-status wildlife species or their habitat, if present in the native vegetation east of the project site, if work extends beyond the approved limits of grading due to lack of adequate construction fencing. This could result in significant impacts to special-status wildlife species or their habitat that are not covered under the proposed project, which would be a significant impact (Impact BIO-7). This potential impact would be reduced to less than significant through implementation of MM-3 and MM-4, which requires installation of construction fencing and pre-construction meetings with the contractor and biologist . The MBTA prohibits the take of any migratory bird or any part, nest, or eggs of any such bird. Under the MBTA, “take” is defined as pursuing, hunting, shooting, capturing, collectin g, killing, or attempting to commit any of these acts (16 U.S.C. 703 et seq.). Additionally, Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, requires that any project with federal involvement address impacts of feder al actions on migratory birds with the purpose of promoting conservation of migratory bird populations (66 FR 3853 –3856). The executive order requires federal agencies to work with the USFWS to develop a memorandum of understanding. The USFWS reviews actions that might affect these species. Fish and Game Code 3503 affords protection over the destruction of nests or eggs of native bird species. If any active nests or the young of nesting special-status bird species are impacted through direct grading, these impacts would be considered significant, absent mitigation (Impact BIO-8). Impacts to potential nesting covered species shall be mitigated through avoidance of clearing occupied habitat between February 15 and September 14 (avoidance of nesting season) or conducting a pre-construction survey for nesting birds (MM-5). 5.2.4 Jurisdictional Waters and Wetlands Impacts to jurisdictional aquatic resources would occur as a result of the project as shown on Figure 6 and summarized in Table 7 The proposed project would result in impacts to jurisdictional aquatic resources within the project. Impacts to jurisdictional waters and wetlands are considered significant (Impact BIO-9); however, through implementation of MM-1, MM-2, and MM-6, these impacts would be reduced to less than significant. Table 7. Impacts to City Wetlands and Jurisdictional Wetlands and Waters at the Project Site Wetlands Vegetation Community/Water Feature Jurisdict ion Total Impacts (Ac.) Mitigation Ratio Required Mitigation (Ac.) Tamarisk scrub (riparian) CDFW; City 0.36 1:1 0.36 Unvegetated channel USACE/CDFW/RWQCB Non-wetlands waters 0.09 1:1 0.09 Maritime succulent scrub (top of bank) CDFW 0 1:1 0 Erosional Feature RWQCB Non-wetland waters 0.01 1:1 0.01 Total 0.46 -- 0.46 Direct, temporary impacts could occur to jurisdictional aquatic resources east of the project site if work extends beyond the approved limits of grading due to lack of adequate construction fencing. This could result in significant impacts to aquatic resources that are not covered under the proposed project, which would be a significant impact (Impact BIO-10). This potential impact would be reduced to less than significant through implementation of MM-3 and MM-4. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 37 JUNE 2023 Section 5.2.4 of the Subarea Plan states that development projects are required to demonstrate that impacts to wetlands have been avoided or minimized to the greatest extent practicable. The entir e project site will be impacted as a result of proposed activities and therefore no feasible avoidance or minimization is realistically practicable. 5.2.5 Habitat Linkages/Movement Corridors The project lies near the Otay River Valley which supports a large riparian zone that extends to the north and south of the river’s channel. The river is located south of the project, outside the Development Area, separated from the site by the approximately 100-foot wide Main Street. As such, the study area sits near a major center for regional wildlife movement but is not a linkage or corridor itself. The proposed direct impacts associated with construction of the buildings would occur within the limits of the project site north of Main Street and the project will not adversely affect the habitat connectivity or wildlife movement functions of the Otay River. The riprap modification will occur in two small areas (0.07 acres and 0.08 acres) immediately south of Main Street near the Otay River. This work will be contained within the small work areas as all equipment will operate entirely from Main Street. The riprap will be placed at existing headwall structures with the riprap extending approximately 10 feet from Main Street. The work is taking place in already disturbed areas with some encroaching into tamarisk scrub. There are no long-term activities associated with this activity. The Otay River will still remain a regional wildlife movement, with wildlife likely using the more interior portions of the river rather than alongside the road where the activities will occur. Therefore, there are no significant impacts to wildlife corridors or habitat linkages. 5.3 Indirect Impacts 5.3.1 Vegetation Communities Four vegetation communities and landcovers–maritime succulent scrub, tamarisk scrub, disturbed habitat, and unvegetated stream–occur on the project site. Outside the project’s boundaries, the site is surrounded by commercial facilities and roadway on all sides except for some non-native grassland habitat that borders the project’s eastern edge. Indirect impacts to this vegetation community would primarily result from adverse edge effects. During construction of the project, edge effects may include dust, whic h could disrupt plant vitality in the short term, as well as construction-related soil erosion and runoff. However, in accordance with the City’s Subarea Plan and the City’s Best Management Practices (BMP) Design Manual (City of Chula Vista 2003), projects are required to implement site design, source control, and treatment control BMPs. As part of the project development , projects will be required to meet National Pollutant Discharge Elimination System regulations with the RWQCB, incorporate BMPs during c onstruction, and install permanent BMPs as defined by the BMP Design Manual. With implementation of construction discharge water quality BMPs and other standard construction BMPs these short -term indirect impacts are not expected. Thus, implementation of the proposed project is not expected to indirectly impact any adjacent vegetation communities. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 38 JUNE 2023 5.3.2 Special-Status Plant Species The indirect impacts to vegetation communities noted above can also affect special -status plants. The implementation of the stated measures would serve eliminate impacts to off-site special-status plant species. 5.3.3 Special-Status Wildlife Species Indirect impacts associated with the project could affect special -status wildlife. However, with implementation of required construction discharge water quality BMPs, other standard construction BMPs (including dust control, use of approved access and staging areas, use of trash receptacles, sediment control measures, and more) these short - term indirect impacts are not expected. In addition, wildlife may be indirectly affected in the short -term and long-term by noise and lighting which can disrupt normal activities and subject wildlife to higher predation risks. Breeding birds can be affected by short-term construction-related noise, which can result in the disruption of foraging, nesting, and reproductive activities. The disturbed habitat surrounding the study area may support habitat for nesting birds. Indirect impacts from construction-related noise may occur to nesting birds if construction occurs during the breeding season (i.e., February 15 through September 14 for most bird species). These impacts would be considered significant, absent mitigation (Impact BIO-5). Impacts to potential nesting covered species shall be mitigated through avoidance of clearing occupied habitat between February 15 and August September 14 (avoidance of nesting season) or conducting a pre-construction survey for nesting birds (MM-5). 5.3.4 Jurisdictional Resources The potential short-term indirect impacts to vegetation communities described above also apply to off -site jurisdictional waters only. On-site waters would be 100% impacted and the offsite riprap modifications would result in additional impacts to non-wetland waters and riparian areas. Potential edge effects to any jurisdictional aquatic resources outside of the study area are not anticipated since BMPs will be incorporated into the proposed project work area to eliminate any indirect impacts (e.g., dust, erosion, and runoff) to jurisdictional waters. Indirect project impacts will be further minimized in compliance with any agency permits that are issued for construction. 5.3.5 Habitat Linkages/Movement Corridors The Otay River Valley is south of the project site. Implementation of the project would only result in direct impacts to the project site and the site is at least 100 feet away from the Otay River, separated by Main Street, a wide and busy road. No indirect impacts to the Otay River are anticipated and because the site does not abut the preserve, the project is not subject to the Adjacency Management Issues. The offsite riprap modification areas are located immediately south of Main Street near the edge of the Otay River. This work will be contained within the small work areas as all equipment will operate entirely from Main Street. The riprap will be placed at existing headwall structures with the riprap extending approximately 10 feet from Main Street. The work is taking place in already disturbed areas with some encroaching into tamarisk scrub. All of the potential short-term indirect impacts and associated minimization measures described for vegetation communities and jurisdictional resources would apply to these activities. There are no long-term activities associated with this NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 39 JUNE 2023 activity and the work is consistent with the Adjacency Management Issues (see Section 5.4.3); therefore, there are no long-term indirect impacts. 5.4 Consistency with Regional Resource Planning 5.4.1 Chula Vista Multiple Species Conservation Program Subarea Plan The proposed project design is consistent with the MSCP Subarea Plan through specific adherence to mitigation/conveyance requirements for Development Projects Outside of Covered Projects as defined in the City MSCP Subarea Plan. As noted in Section 1, Introduction, the project is located within the Dev elopment Area of the City Planning Component as identified in the Subarea Plan and as such has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area/preserve. The project site is separated from the Otay River preserve by Main Street, and therefore, is not subject to the Adjacency Management Issues. The offsite riprap modification within the Preserve is consistent with the Adjacency Management Issues (see Section 5.4.3). Overall, the proposed project is consistent with the goals and objectives of the City’s Subarea Plan. Land uses within the Preserve are limited to those uses which are considered compatible with the need to permanently protect Covered Species and their habitats. The offsite r iprap modification activities are described in Section 5.4.2. Table 8 includes a list of the plant and wildlife species observed or with potential to occur on site that are Covered species under the MSCP and their conditions of coverage from Table 3-5 of the Subarea Plan. Table 8. Conditions of Coverage under City of Chula Vista MSCP Subarea Plan Species Conditions of Coverage Project Compliance Plants San Diego thorn-mint This species is covered because all major populations with in the MHPA and each of the 8 major populations will be conserved from 80%–100%. Area-specific management directives must include monitoring of transplanted populations and specific measures to protect against detrimental edge effects. This species does not occur on site. San Diego ambrosia This species is covered because 90% of the only major population (Mission Trails Regional Park) in the MSCP will be conserved and the adjoining population at the radio tower site will be 100% conserved. If more than 10% of the population at Mission Trails Regional Park is impacted, this species will no longer be a covered species. Area-specific management directives must include monitoring of transplanted populations and specific These area-specific management directives are specific to preserves and does not apply to the project site. While the impacts to narrow endemics may be covered, they are subject to additional provisions, including additional analysis and mitigation for impacts beyond policy thresholds. San Diego ambrosia will be mitigated at a 2:1 ratio through NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 40 JUNE 2023 Table 8. Conditions of Coverage under City of Chula Vista MSCP Subarea Plan Species Conditions of Coverage Project Compliance measures to protect against detrimental edge effects. establishment at the mitigation site within the Preserve, resulting in a superior biological preservation. Snake cholla This species is covered because 75% of major population and 67% of southern maritime chaparral will be conserved. Area-specific management directives must include monitoring of transplanted populations and specific measures to protect against detrimental edge effects. The Otay Ranch RMP and GDP require protection of 80% of existing occurrences and transplantation. This species does not occur on site. Otay tarplant This species is covered because 66% of major populations will be conserved. MSCP coverage requires avoidance of populations in the Otay River Valley through sensitive design and development of the active recreation areas as described in the Otay Ranch RMP and GDP. Area-specific management directives must include monitoring of populations and specific measures to protect against detrimental edge effects. This species does not occur on site. Variegated dudleya This species is covered because 56% of major population and 75% of known localities will be conserved. Area-specific management directives must include monitoring of transplanted populations and specific measures to protect against detrimental edge effects. This species does not occur on site. San Diego barrel cactus This species is covered because 81% of major populations will be conserved. Area-specific management directives must include monitoring of transplanted populations and specific measures to protect against detrimental edge effects. These area-specific management directives are specific to preserves and does not apply to the project site. This species is considered adequately covered and does not require additional mitigation. However, the applicant will salvage and translocate the San Diego barrel cactus to the mitigation site. Wildlife Orange-throated whiptail This species is covered because 59% of its potential habitat and 62% of known point occurrences will be conserved. Area-specific management directives must address edge effects. These area-specific management directives are specific to preserves and does not apply to the project site. This species is considered adequately covered and does not require additional mitigation. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 41 JUNE 2023 Table 8. Conditions of Coverage under City of Chula Vista MSCP Subarea Plan Species Conditions of Coverage Project Compliance Blainville's horned lizard This species is covered because 60% of its potential habitat and 63% of known point occurrences will be conserved. Area-specific management directives must include specific measures to maintain native ant species, discourage the Argentine ant, and protect against detrimental edge effects. These area-specific management directives are specific to preserves and does not apply to the project site. This species is considered adequately covered and does not require additional mitigation. Cooper's hawk This species is covered because 59% of its potential foraging habitat, 52% of potential nesting habitat, and 57% of known occurrences will be conserved. Area-specific management directives must include 300-foot impact avoidance areas around active nests and minimization of disturbance in oak woodlands and oak riparian forests. While potential to nest on site is low, the proposed project includes pre-construction nesting bird surveys within the project site and would establish a 300-foot avoidance area around active nests if found within the project site (MM-5). Southern California rufous-crowned sparrow This species is conserved because 61% of potential habitat will be conserved. Area- specific management directives must include maintenance of dynamic processes, such as fire, to perpetuate some open phases of coastal sage scrub with herbaceous components. These area-specific management directives are specific to preserves and does not apply to the project site. This species is considered adequately covered and does not require additional mitigation. Coastal cactus wren This species is covered because four of five major populations are conserved and 60% of potential habitat will be conserved. No clearing of occupied habitat may occur from the period of February 15 through August 15. If found during the pre- construction nesting bird surveys, no clearing of occupied habitat will occur between February 15 and September 14 (MM-5). Additionally, maritime succulent scrub will be mitigated at a 1:1 ratio in accordance with the MSCP Subarea Plan (MM-1 and MM-2). Coastal California gnatcatcher This species is covered because over 73,000 acres of existing and potential gnatcatcher habitat will be conserved, 81% of the core areas will be conserved, and 65% of the known locations will be conserved. Area-specific management directives must include measures to reduce edge effects and minimize disturbance during the nesting period. No clearing of occupied habitat within the cities’ MHPAs BRCA may occur between March 1 and August 15. The project site is not located within a MHPA or BRCA. If found during the pre-construction nesting bird surveys, no clearing of occupied habitat will occur between March 1 and August 15 (MM-5). Additionally, maritime succulent scrub will be mitigated at a 1:1 ratio in accordance with the MSCP Subarea Plan (MM-1 and MM-2). Least Bell's vireo This species is covered because 1,700 acres of potential habitat will be conserved. Protocol surveys will be conducted as part of the CEQA review process. Measures included in state and/or federal permitting will apply to the While potential to nest on site is low, the proposed project includes pre-construction nesting bird surveys within the project site and would avoid clearing of occupied habitat between March 16 and September 14 (MM-5). The offsite NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 42 JUNE 2023 Table 8. Conditions of Coverage under City of Chula Vista MSCP Subarea Plan Species Conditions of Coverage Project Compliance project. Any clearing of occupied must occur between September 15 and March 15. riprap modifications would occur adjacent to suitable nesting habitat and is subject to the measures described in MM-5. Notes: BRCA = Biological Resource Core Areas; CEQA = California Environmental Quality Act; GDP = general devel opment plan; MM = mitigation measure; MSCP = Multiple Species Conservation Program; RMP = resource management plan 5.4.2 Equivalency Analysis for Narrow Endemic Species Equivalency finding requirements are provided in Section 5.2.3.6 of the Subarea Plan. Equivalency findings are required when a project results in impacts to covered Narrow Endemic Species beyond the threshold limits identified in the Subarea Plan. The prop osed project would result in a net loss of Narrow Endemic plants (San Diego ambrosia) within the project area but would provide compensation for the species through off -site mitigation within a Preserve. 1 Definition of the project area. The project is the development of three vacant parcels, Parcels 1 and 2 of Parcel Map 21587 (APNs 644-050-13 and 644-050-14, respectively) and a portion of Lot 2, Section 20, Township 18 South, Range 1 West, San Bernardino Meridian (APN 644-050-08). A proposed lot line adjustment (LLA21-0007) will adjust the common property line between Parcel 2 and a portion of Lot 2. Once the lot line adjustment is complete, the resultant parcels Parcel 1 of PM 21587 and Parcel A of Adjustment Plat LLA21 -0007 will have a combined net area of 13.31 acres. 2 A written description of the project. The proposed includes the development of two parcels with four buildings, construction of a driveway to access the project, slope stabilization. Off-site trenching activities will occur in Nirvana Avenue for sewer and water laterals and in Main Street for Fire laterals and storm drain connections. Riprap modification is required on the south side of Main Street where the western and middle drainages outlet toward the Otay River. The modifications at these locations will add riprap to dissipate energy as a result of estimated increased runoff. Mitigation for the site has been preliminarily identified through habitat restoration with the Preserve. 3. A written description of biological information available for the project site including the results of Narrow Endemic surveys. Please refer to Section 4 of this report for a written description of biological information available for the project area. One Narrow Endemic plant species w as detected within the project area: San Diego ambrosia (also listed as federally endangered). There are approximately 500 San Diego ambrosia mapped within the project site, which is entirely impacted . No additional Narrow Endemic species occur on site. 4. Written finding of infeasibility of total avoidance of Narrow Endemic species’ population(s). Based on the steep slopes and slope stabilization required in order to achieve a factor of safety for grading the site, it would be infeasible to modify the site plan and still be able to develop the site . As described in this report, NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 43 JUNE 2023 this project area is identified as a Development Area in the Subarea Plan. The riprap modifications are located within the 100% Preserve areas. There are no rare plants, including Narrow Endemic species, within the 100% Preserve areas. 5. Quantification of impacts to Narrow Endemic Species associated with the project including direct and indirect effects. There are approximately 500 San Diego ambrosia mapped within the impact area. There are no indirect impacts since the entire population would be impacted. 6. A written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences; minimization; and/or compensation through restoration or enhancement. During construction of the project, edge effects may include dust, which could disrupt plant vitality in the short term, as well as construction-related soil erosion and runoff. MM-3 requires temporary construction fencing to ensure no impacts occur outside the approved impact footprint. Additionally, in accordance with the City’s Subarea Plan and the City’s Best Management Practices (BMP) Design Manual (City of Chula Vista 2003), projects are required to implement site design, source control, and treatment control BMPs. As part of the project development , projects will be required to meet National Pollutant Discharge Elimination System regulations with the RWQCB, incorporate BMPs during construction, and install permanent BMPs as defined by the BMP Design Manual. With implementation of construction discharge water quality BM Ps and other standard construction BMPs these short -term indirect impacts are not expected. Thus, implementation of the proposed project is not expected to indirectly impact any adjacent populations Narrow Endemic plant species, if present. 7. Description of measures proposed to compensate for identified impacts in a manner that demonstrates that the proposed design including compensation would result in a long -term Preserve design for the species of concern that is functionally equivalent to or better than the Preserve design that would occur in the absence of the identified impact. The equivalency analysis will be based on the particular requirements of the species of concern. The upland mitigation will occur through habitat restoration to create maritime succulent scrub within the Otay Ranch Preserve. The restoration will provide compensatory mitigation for maritime succulent scrub at a 1:1 mitigation ratio. The mitigation sites include areas that are identified as suitable to support the establishment of San Diego ambrosia at a 2:1 mitigation ratio. This includes suitable soils, topography, elevation and associated vegetation. The Resource Salvage Plan shall, at a minimum, evaluate options for plant salvage and relocation, native plant mulching, selective soil salvaging, application of plant materials on manufactured slopes, and application/relocation of resources within the mitigation site. The Resource Salvage Plan shall include incorporation of relocation and/or establishment of San Diego ambrosia at the mitigation site. Relocation efforts may include establishment and/or transplantation to the mitigation site and will be based on the most reliable methods of successful relocation of San Diego Ambrosia on other translocation projects, ultimately achieving a functionally equivalent or better Preserve design. The Resource Salvage Plan shall also contain recommendations for methods of establishment, salvage and/or relocation/application based on feasibility of implementation and likelihood of success. The Resource Salvage Plan shall include, at a minimum, an implementation plan, maintenance and monitoring program, success criteria, estimated completion time, and any relevant contingency measures. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 44 JUNE 2023 The mitigation sites chosen within the Otay Ranch Preserve would achieve a greater Preserve design because it will 1) include restoration of disturbed habitat, consisting of either non-native grassland or heavily disturbed scrub with minimal native vegetation; 2) have appropriate rocky clay loam soils suitable for maritime succulent scrub; and 3) have appropriate exposures for maritime succulent scrub, with south or west facing slopes, or areas that are relatively flat and on fully exposed landscapes. The sites chosen include the appropriate microhabitats to support the establishment of San Diego ambrosia which will in turn allow for natural expansion of this species within the Preserve which is already afforded long-term conservation. The three sites identified for restoration are adjacent to existing restoration or managed preserves. One of the sites is specifically designed to complement the proposed Phase 2 Otay Valley Wetland Mitigation Bank being planned by HomeFed. The other two sites are near areas where the City’s Preserve Manager, RECON Environmental, has conducted past maritime succulent scrub restoration. Therefore, the mitigation results in a functionally greater design, and thus will be consistent with Section 5.2.3.6 of the Subarea Plan and the HLIT. The restoration includes a 7-Year Restoration, Maintenance, and Monitoring Plan. An endowment shall be funded to provide for the long-term management of these sites. The Otay Ranch Preserve relies on Community Facilities District (CFD) taxes paid by the resident annually, and these funds primarily go for maintenance of the Preserve. There are no other continuous funding sources other than the CFD, and because this funding is limited to maintenance, there is limited ability to fund more expensive habitat enhancement and restoration activities. With this limited funding from the CFD, the City is finding some habitat enhancement and restoration work need to be deferred. The Nirvana project mitigation will provide the City and Otay Ranch Preserve with another resource to not only maintain the Nirvana mitigation sites in perpetuity, but also fund enhancement and restoration in other areas of the Preserve system. Because of this win-win opportunity for both the City and the Otay Ranch Preserve, the City of Chula Vista fully supports the Nirvana project habitat restoration for mitigation in the Otay Ranch Preserve. 8. A summary conclusion, including findings of consistency with the applicable percentage criterion. Based on the information summarized above, the proposed project will provide conservation of Covered Narrow Endemic Species and restoration and enhancement of maritime succulent scrub within a Preserve. As described above, the Otay Ranch Preserve is an underfunded Preserve lacking the necessary resources to provide adequate maintenance, enhancement of native habitat, and regular monitoring of the Preserve. Through restoration in areas identified for suitable maritime succulent scrub and San Diego ambrosia, combined with contributing to the CFD for management of the restoration areas in the Preserve, the Preserve will achieve high quality habitat over the long term. 5.4.3 Future Facilities Siting Criteria The offsite riprap modification will occur within a 100% Conservation Area. Section 6 of the Subarea Plan describes the land uses that are allowed within the Preserve. This includes existing legal uses, compatible uses (i.e., Public Access and Recreation, Preserve Management, Scientific and Biologic Activities, and Emergency, Safety and Police Services), and conditionally compatible uses. The riprap modifications fall into the “conditionally compatible uses” category. Section 6.3.3 of the Subarea Plan further differentiates these uses as “Planned Facilities” and “Future Facilities.” There are no Planned Facilities associated with this project. Future Facilities are those facilities necessary to support planned development that were not identified at the time of the Subarea Plan but were anticipated to be required. Table 6-2 of the Subarea Plan identifies Future Facilities and Implementation Criteria. These facilities include storm drain and flood control/detention facilities. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 45 JUNE 2023 Future Facilities located within the Preserve are subject to the Facilities Siting Criteria contained in Section 6.3.3.4 of the City’s MSCP Subarea Plan. Compliance with the Facilities Siting Criteria ensures that the facilities located within the Preserve have been sited within the least environmentally sensitive areas and that impacts to the Preserve have been minimized to the maximum extent practical. The following is a summary of the Facilities Siting Criteria (Section 6.3.3.4 and Table 6 -1 of the Subarea Plan) as required for the project’s Future Facilities: 1. Such facilities will be located in the least environmentally sensitive location feasible, and use existing roads, trails and other disturbed areas, including use of the active recreation areas in the Otay River Valley, as much as possible (except where such areas are occupied by the QCB [Quino checkerspot butterfly]). Facilities should be routed through developed or developing areas where possible. If no other routing is feasible, alignments should follow previously existing roads, easements, rights of way, and disturbed areas, minimizing habitat fragmentation. 2. Such facilities shall avoid, to the maximum extent practicable, impacts to Covered Species and Wetlands, and will be subject to the provisions, limits, and mitigation requirements for Narrow Endemic Species and Wetlands pursuant to Section 5.2.3 and 5.2.4 of the Subarea Plan. 3. Where roads cross the Preserve, they should provide for wildlife movement in areas that are graphically depicted on and listed in the MSCP Subregional Plan Generalized Core Biological Resource Areas and Linkages map as a core biological area or a regional linkage between core biological areas. All roads crossing the Preserve should be designed to result in the least impact feasible to Covered Species a nd Wetlands. Where possible at wildlife crossings, road bridges for vehicular traffic rather than tunnels for wildlife use will be employed. Culverts will only be used when they can achieve the wildlife crossing/movement goals for a specific location. To the extent feasible, crossings will be designed as follows: the substrate will be left in a natural condition or revegetated if soils engineering requirements force subsurface excavation and vegetated with native vegetation if possible; a line -of-sight to the other end will be provided; and if necessary, low-level illumination will be installed in the tunnel. 4. To minimize habitat disruption, habitat fragmentation, impediments to wildlife movement and impact to breeding areas, road and/or right-of-way width shall be narrowed from existing City design and engineering standards, to the maximum extent practicable. In addition, roads shall be located in lower quality habitat or disturbed areas to the maximum extent practicable. 5. Impacts to Covered Species and habitats within the Preserve resulting from construction of Future Facilities will be evaluated by the City during project review and permitting. The City may authorize Take for impacts to Covered Species and habitats resulting from construction of Future Facili ties located outside the Preserve, pursuant to the Subarea Plan and consistent with the Facility Siting Criteria in this Section. 6. The City may authorize “Take” for impacts to Covered Species resulting from construction of Future Facilities located within the Preserve, subject to a limitation of 2 acres of impact for individual projects and a cumulative total of 50 acres for all Future Facilities. Wildlife Agency concurrence will be required for authorization of Take for any impacts to Covered Species and ha bitat within the Preserve that exceed 2 acres that may result from construction of any individual Future Facility. Wildlife Agency concurrence will NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 46 JUNE 2023 be required for authorization of Take for impacts to Covered Species and habitat within the Preserve that exceed 50 acres that may result from all Future Facilities combined. 7. Planned and Future Facilities must avoid impacts to covered Narrow Endemic Species and the QCB [Quino checkerspot butterfly] to the maximum extent practicable. When such impacts cannot be a voided, Planned and Future facilities located within the Preserve are subject to the provisions of Section 5.2.3.6 of the Subarea Plan. Impacts to QCB that will result from construction of Planned and Future Facilities within the Preserve are subject to the provisions of Section 5.2.8 of the Subarea Plan. This section outlines the Future Facilities associated with the proposed project and how they adhere to the Facilities Siting Criteria. The facilities necessary to support the proposed project were sited i n primarily disturbed habitat adjacent to Main Street with equipment limited to working from the road. The riprap will be placed at the existing headwall where flows outlet on the south side of Main Street. Because the proposed work is required for energy dissipation associated with an estimated increase in flow within the existing channels, the flexibility to site the riprap placement is limited. The least impactful approach is to place riprap at each headwall as shown on Figure 7B. The work area is limited to the areas needed to prepare the areas and install the riprap; equipment will work from the road in order to further reduce impacts from access. The facilities were analyzed by overlaying potential Future Facility locations with biological resources, i ncluding vegetation communities and jurisdictional aquatic resources. There are impacts to sensitive resources; however, the effects of shifting or modifying the facilities to achieve the energy dissipation would have been more impactful. 5.4.3.1 Impact Summary for Future Facilities The locations of the riprap modifications are shown on Figure 7B. These modifications would result in permanent impacts to 0.15 acres of tamarisk scrub, unvegetated stream channel, and disturbed habitat (Table 9). Table 9. Impacts to Vegetation Communities and Land Cover Associated with Future Facilities Habitat Type Impacts (Ac.) Tamarisk Scrub 0.09 Unvegetated Stream Channel 0.02 Disturbed Habitat 0.04 Total 0.15 The western and middle drainage features continue south of the headwalls, and the riprap modifications would result in permanent impacts to 0.11 acres of jurisdictional aquatic resources that are likely regulated by USACE, RWQCB, and/or CDFW (Table 10). NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 47 JUNE 2023 Table 10. Jurisdictional Wetlands and Waters at the Project Site Associated with Future Facilities Wetlands Vegetation Community/ Water Feature Jurisdiction Acres Tamarisk scrub (riparian) CDFW; City 0.09 Unvegetated channel USACE/CDFW/RWQCB Non-wetlands waters 0.02 Total 0.11 There is no suitable habitat for coastal California gnatcatcher within the riprap modification areas and special - status plants surveys were completed in April and June 2022. The Otay River is known to support least Bell’s vireo, a Covered species. While it is unlikely to nest in the tamarisk adjacent to Main Street, the riprap modification activities could result in indirect noise and human presence effects if activities occurred during the nesting season. Table 11 provides a summary of the facilities as they relate to the Facilities Siting Criteria. Table 11. Summary Facilities Siting Criteria Detention Basin and Associated Facilities Facilities Siting Criteria Riprap Modification Least environmentally sensitive location The riprap will be placed at the existing headwalls at the base of the slope immediately south of Main Street. A portion of each area is already disturbed. They are placed as close to the existing road and away from the Otay River as possible. Avoid wetlands and covered species and address Narrow Endemic Species The riprap modification will be placed at existing headwalls where the drainages outlet on the south side of Main Street and will result in impacts to 0.11 acres of non-wetland waters and riparian areas. Alternative designs would likely result in increased impacts to jurisdictional resources since the proposed location is sited at the existing outlet and close to the road. There are no rare plants, including Narrow Endemic species, within the riprap modification areas. Provide for wildlife movement There are no proposed roads in the Preserve. Placement of the riprap will not preclude wildlife from using the area since there is no barrier to movement by wildlife. Road widths are narrowed and in lower quality habitat N/A. There are no proposed roads. Impacts to Covered Species within the Preserve The City is evaluating these impacts and their consistency with the Future Facilities Siting Criteria. Future facilities are limited to 2 acres or cumulative total of 50 acres The impacts associated with the riprap modification are 0.15 acres. The City confirmed via email on May 11, 2022 that these impacts are within their cumulative total limit of 50 acres. Avoid impacts to covered Narrow Endemic Species and Quino Checkerspot Butterfly The riprap modification will not impact suitable quino checkerspot butterfly habitat. There are no rare plants, including Narrow Endemic species, within the riprap modification areas. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 48 JUNE 2023 5.4.3.2 Equivalency Analysis for Future Facilities Equivalency finding requirements are contained in Section 5.2.3.6 of the Subarea Plan. Per the MSCP Subarea Plan: “Impacts to covered Narrow Endemic Species from Planned and Future Facilities located within the 100% Conservation Areas of Covered Projects w ill be avoided to the maximum extent practicable. Where impacts are demonstrated to be unavoidable, impacts will be limited to 5% of the total Narrow Endemic Species population within the Project Area. Findings of equivalency will be made by the City for s uch Take Authorization for covered Narrow Endemic Species, pursuant to Section 5.2.3.6 of this Subarea Plan.” No Narrow Endemic Species occur within the 100% Conservation Area. The equivalency analysis for impacts to Narrow Endemic Species is described in Section 4.5.5. 5.4.4 Adjacency Management Issues The offsite riprap modifications will be consistent with the Adjacency Management Issues per Section 7.5.2 of the Subarea Plan. See Table 12. Table 12. Adjacency Management Issues (Section 7.5.2) Findings f or New Development Analysis Consistency Drainage The project will collect runoff from the new development in private, on-site storm drain systems. The collected runoff will be routed through a hydrodynamic separator system for trash, debris, oil, and sediment removal. Then, the collected runoff will enter underground detention chambers that provide peak storm water flow control (detention) to mimic pre- development peak flow rates. Next, the attenuated flows flow through proposed Modular Wetlands storm water treatment devices, TAPE certified proprietary biofiltration, which provide water quality treatment prior to the runoff leaving the proposed project site. Consistent Toxic substances There are no agricultural or recreational uses on site that would contribute potentially toxic substances into the Preserve. Consistent Lighting All lighting associated with the project is separated from the Preserve by Main Street and is not adjacent. The offsite riprap modification would not have any associated lighting and no work would be done at night. Consistent Noise Temporary noise would be associated with the riprap modification. Pre-construction surveys are required if the work is done during the bird breeding season (February 15 to September 14) and clearance limitations and avoidance measures are described in MM-5. Consistent Invasives No landscaping or other planting is planned as part of the offsite riprap modification. Consistent NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 49 JUNE 2023 Table 12. Adjacency Management Issues (Section 7.5.2) Findings f or New Development Analysis Consistency Buffers The offsite riprap modification is required to be placed at the existing headwalls and no buffer requirements apply to this activity. Consistent 5.4.5 Habitat Loss Incidental Take Ordinance The proposed project will impact native vegetation and City wetlands (i.e., maritime succulent scrub; tamarisk scrub) and as such, the proposed project is subject to conformance with the City’s HLIT Ordinance. The HLIT Ordinance findings are provided in Appendix F. 5.4.6 Wetland Protection Wetland protection must be provided throughout the Subarea and an evaluation of wetlands avoidance and minimization is required. If impacts are unavoidable, no net loss of wetlands must be achieved through compensatory mitigation as prescribed by the Subarea Plan Table 5-6. As stated previously, the proposed project will impact City wetlands (i.e., tamarisk scrub), which are unavoidable due to the small overall size of the project, topography, the location of the wetlands in the middle of the site, and the project plan to build l arge warehouses facility with associated infrastructure. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 50 JUNE 2023 INTENTIONALLY LEFT BLANK. 13518 51 JUNE 2023 6 Mitigation This section describes the MMs required to offset significant direct and indirect impacts to sensitive vegetation communities, special-status plants and wildlife, nesting birds, and jurisdictional aquatic resources. These MMs will reduce identified and potential significant impacts to a level that is less than significant pursuant to CEQA. Table 13 lists the significant impacts to vegetation communities and the required mitigation per the City’s Subarea Plan and HLIT Ordinance (Subarea Plan Tables 5-3 and 5-6). As noted in Section 5.2.4, the City Subarea Plan Wetlands Protection Program requires that impacts to wetlands be avoided to the maximum extent possible and where impacts are unavoidable, compensatory mitigation within the Chula Vista Subarea or Chula Vista Planning Area shall be required resulting in no overall net loss of City wetlands. Table 13. Mitigation for Significant Impacts to Sensitive Vegetation Communities and Wetlands Vegetation Community MSCP Subarea Plan Tier Mitigation Ratio* Impact Acreage Mitigation Acreage Required Uplands Maritime succulent scrub Tier I 1:1 13.53 13.53 Waters or Wetlands Unvegetated Stream N/A 1:1 0.09 0.09 Tamarisk scrub Wetlands 1:1 0.37 0.37 Erosional feature N/A 1:1 0.01 0.01 Grand Total — 14.00 14.00 Note: * City of Chula Vista 2003 6.1 Mitigation Measures MM-1 Compensatory Mitigation: Per the HLIT ordinance, 14.00 acres of impacts to sensitive uplands, jurisdictional resources, and City wetlands shall be mitigated at the required mitigation ratios (T able 13). All impacts to wetlands will be mitigated at a 1:1 ratio, upland impacts may be mitigated at a 1:1 ratio. Prior to issuance of any land development permits (including clearing, grubbing and/or grading permits), the Permittee/Owner shall finalize the mitigation option(s) with concurrence from the City of Chula Vista. Mitigation would be provided through one of the following options and the ratio would be determined by the location of the proposed mitigation site. Mitigation Bank. Mitigation would occur through the purchasing of credits at a City-approved mitigation bank in order to achieve the required Tier I and wetland mitigation per the mitigation ratios in Table 5-3 of the Subarea Plan. Habitat Preservation. Prior to the issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista Planning Division that City-approved Tier I and wetland habitat NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 52 JUNE 2023 are provided as mitigation through compensatory preservation per the mitigation ratios in Table 5 - 3 of the Subarea Plan. The habitat preservation mitigation site shall (1) be protected by a conservation easement or other City-approved mechanism that provides preservation in perpetuity, (2) have a permanent responsible party clearly designated, and (3) be managed in accordance with a Habitat Management Plan (or similar) in perpetuity. The Habitat Management Plan (or similar) shall also include Property Analysis Report (PAR) analysis to identify yearly maintenance and monitoring costs pursuant to meeting those performance criteria, as well as identify an initial management fund endowment to provide for management in perpetuity. Prior to grading permit issuance, the applicant shall provide proof that such funds have been provided to the permanent responsible party. Habitat Restoration. Prior to the issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista Planning Division that Tier I and wetland habitat type is being restored and/or enhanced per the mitigation ratios in Table 5-3 of the Subarea Plan. In addition, the applicant shall provide a performance bond to the City prior to the issuance of a grading permit to ensure the completion of the restoration and funds for enhancement are provided. The habitat restoration mitigation site shall (1) be protected by a conservation easement or other City-approved mechanism that provides preservation in perpetuity, (2) have a permanent responsible party clearly designated, and (3) be managed in accordance with a Habitat Management Plan (or similar) in perpetuity. If mitigation credits are not purchased, the Applicant shall prepare a Habitat Mitigation and Monitoring Plan to the satisfaction of the City. The Habitat Mitigation and Monitoring Plan shall include, at a minimum, an implementation strategy; appropr iate seed mixtures and planting method; irrigation; quantitative and qualitative success criteria; maintenance, monitoring, and reporting program; estimated completion time; contingency measures; and identify a long -term funding source. The Project Applicant shall also be required to implement the Habitat Mitigation and Monitoring Plan subject to the oversight and approval of the Development Services Director (or their designee). Special-Status Plants. If special-status plants require salvage, relocation and/or re-seeding at the mitigation site, the Resource Salvage Plan shall be written by a City-approved biologist to the satisfaction of the Development Services Director (or their designee). Impacts to Covered Narrow Endemic plants require mitigation at a 1:1 to 3:1 ratio. The Resource Salvage Plan shall, at a minimum, evaluate options for plant salvage (during appropriate bloom periods for identification of special-status plants) and relocation, native plant mulching, selective soil salvaging, application of plant materials on manufactured slopes, and application/relocation of resources within the mitigation site. The Resource Salvage Plan shall include incorporation of relocation and reseeding efforts for Narrow Endemic plants to achieve a 2:1 mitigation ratio, as well as San Diego barrel cactus and non-covered plant species at a 1:1 mitigation ratio that are considered special status according to the California Environmental Quality Act and would be impacted with project implementation. Relocation efforts may include seed collection and/or transplantation to the mitigation site and will be based on the most reliable methods of successful relocation to achieve a functionally equivalent or better Preserve design. Compensatory mitigation may also include restoration of the mitigation site with supplemental seeds or live plants from native seedbanks/plant nurseries. The Resource Salvage Plan shall also contain a recommendation for method of salvage and relocation/application based on feasibility of implementation and likelihood of success. The Resource Salvage Plan shall include, NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 53 JUNE 2023 at a minimum, a discussion of the compensatory mitigation required for the Covered Narrow Endemic plants and a discussion of the appropriate mitigation ratio, an implementation plan, maintenance and monitoring program, estimated completion time, and any relevant contingency measures. The Resource Salvage Plan shall also be subject to the oversight of the Development Services Director (or their designee). MM-2 Prior to issuance of any land development permits (including clearing, grubbing and/or grading permits), the Permittee/Owner will be required to obtain a HLIT Permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to MSCP Tier I habitat and wetland resources and Narrow Endemic Species. MM-3 Prior to issuance of land development permits, including clearing, grubbing, grading and/or construction permits, the Permittee/Owner shall install temporary construction fencing in accordance with Chula Vista Municipal Code (CVMC) 17.35.030 to avoid any unexpected accidental impacts (i.e., encroachment) into sensitive vegetation and/or jurisdictional waters. Prominently colored, well installed fencing and signage shall be in place to demarcate all approved access paths and construction work areas wherever the limits of grading are adjacent to sensitive vegetation communities or other biological resources, as identified by the qualified monitoring biologist. The limits of work, including the designated temporary off-site construction access, will be delineated with temporary construction fencing as appropriate, which will be installed prior to initiation of work activities. Fencing shall remain in place during all construction activities. All temporary fencing shall be shown on grading plans for areas adjacent to the preserve and for all off-site facilities constructed within the preserve. Prior to release of grading and/or improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approved land development permit and associated plans. A pre-construction meeting should be held between all contractors and the qualified project biologist and during this meeting, the biologist will educate the contractors on sensitive habitat and project avoidance measures. All project personnel shall provide written acknowledgement of their receiving avoidance training. This training shall include information on the location of the approved access paths and work areas, the necessity of preventing damage and impacts to sensitive habitat; and the discussion of work practices that will accomplish such. Lastly, the project biologist will be on site to monitor all project activities within natural habitats. If unauthorized impacts occur outside of the approved project boundary, the contractor shall notify the City Resident Engineer and project biologist immediately. The project biologist shall evaluate the additional impacts to determine the size of the impact and the vegetation communities, land covers and/or jurisdictional resources impacted. The footprint of the impact shall be recorded with a GPS and the project biologist will report the impact(s) to City Staff as well as to the appropriate permitting agencies (where appropriate) for approval of the impact record and to establish any necessary follow- up mitigation measures. These measures may include development of an in-place Revegetation Plan for the identified impacts, including a 120-day plant establishment period and subsequent 25-month maintenance and monitoring period to ensure success of the revegetation effort. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 54 JUNE 2023 Any unauthorized impacts to jurisdictional waters/wetlands would require reporting to the USACE, CDFW, RWQCB, and the City as well as development of a Waters/Wetlands Restoration Plan to restore pre-impact conditions as directed by the agencies. The Revegetation Plan and/or Waters/Wetlands Restoration Plan shall include a description of the suitability of the restoration area, planting and irrigation plan, maintenance and monitoring requirements, and performance standards that ensures that the intended restoration is achieved. The plan(s) and associated monitoring reports shall be submitted to City staff. MM-4 Prior to issuance of land development permits, including clearing, grubbing, grading, and/or construction permits, the Permittee/Owner shall provide written confirmation that a City -approved biological monitor has been retained and shall be on site during clearing, grubbing, and/or grading activities. The biological monitor shall attend all preconstruction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas and protective fencing. The biological monitor shall be authorized to halt all associated project activities that may be in violation of the City's MSCP Subarea Plan and/or permits issued by any other agencies having jurisdictional authority over the project. Before construction activities occur in areas containing sensitive biological resources, all workers shall be educated by a City-approved biologist to recognize and avoid those areas that have been marked as sensitive biological resources. MM-5 To avoid any direct impacts to nesting birds, construction activities should occur outside of the breeding season (February 15 to September 14). If construction activity is scheduled during the general bird breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting bird species within the proposed work areas. The pre-construction survey shall be conducted within 4 calendar days prior to the start of construction activities. The applicant shall submit the results of the pre-construction survey to City Staff for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan in conformance with the applicable local, State, and Federal Law (i.e., appropriate follow up surveys, monitoring schedules, construction and noise barriers/buffers, etc.) shall be prepared and include proposed measures to be implemented to ensure that take of birds or eggs or disturbance of breeding activities is avoided. The report shall also describe any species-specific measures to comply with the MSCP’s conditions of coverage: ▪ Active Cooper’s hawk nest requires a 300-foot avoidance area. ▪ No clearing of occupied coastal cactus wren habitat will occur between February 15 and September 14. ▪ No clearing of occupied coastal California gnatcatcher habitat will occur between March 1 and August 15. ▪ No clearing of occupied least Bell’s vireo habitat will occur between March 16 and September 14. If an occupied least Bell’s vireo nest is identified in a pre-construction survey, noise reduction techniques, such as temporary noise walls or berms, shall be incorporated into the construction plans to reduce noise levels below 60 LEQ (equivalent continuous sound level). NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 55 JUNE 2023 The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The project Biologist shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. If nesting birds are not detected during the pre-construction survey, no further mitigation is required. Implementation of pre-construction surveys for nesting birds, and any required follow up protection measures, will reduce the potential impact levels to below significant. MM-6 Prior to issuance of land development permits, including clearing, grubbing, grading and/ or construction permits that impact jurisdictional waters, the Permittee/Owner shall notify the resource agencies and obtain all necessary permits from the USACE, RWQCB, and CDFW. All terms and conditions of required permits shall be implemented. The Applicant shall secure wetland creation mitigation credits within a City-approved Conservation Bank in accordance with the terms and conditions of the Subarea Plan and all required permits. Verification of mitigation credit purchase by the Applicant to the City and resource agencies is required prior to issuance of any land development permits. Prior to issuance of land development permits, including clearing, grubbing, and grading permits for areas that impact jurisdictional waters, the Permittee/Owner shall provide evidence that all required regulatory permits, such as those required under Section 404 of the federal Clean Water Act, Section 1600 of the California Fish and Game Code, and the Porter Cologne Water Quality Act, have been obtained. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 56 JUNE 2023 INTENTIONALLY LEFT BLANK 13518 57 JUNE 2023 7 Acknowledgements This report was prepared by Dudek biologists Callie Amoaku, Erin Bergman, and Dylan Ayers. Graphics were provided by Andrew Greis. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 58 JUNE 2023 INTENTIONALLY LEFT BLANK 13518 59 JUNE 2023 8 References 16 U.S.C. 703–712. 1918. Migratory Bird Treaty Act, as amended. AOS (American Ornithological Societ y). 2018. “Checklist of North and Middle American Birds.” Accessed August 2021. http://checklist.aou.org/taxa/. Calflora. 2021. “Calflora: Information on Wild California Plants” [database]. Berkeley, California. Accessed July 2021. https://www.calflora.org/. Calherps. 2022. Calherps. A guide to the Amphibians and Reptiles of California. http://www.californiaherps.com / Accessed 2/4/2022. CDFW (California Department of Fish and Wildlife). 2021a. “CNDDB Maps and Data”. RareFind, Version 5.1.1 (Commercial Subscription). Sacramento, California: CDFW, Biogeographic Data Branch. Accessed July 2021. https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data. CDFW. 2021b. “State and Federally Listed Endangered, Threatened, and Rare Plants of California.” California Natural Diversity Database. CDFW, Biogeographic Data Branch. July 2021. https://nrm.dfg.ca.gov /FileHandler.ashx?DocumentID=109390&inline. CDFW. 2021c. California Natural Diversity Database. 2018. Special Vascular Plants, Bryophytes, and Lichens List. California Natural Diversity Database. July 2021. https://nrm.dfg.ca.gov/FileHandler.ashx ?DocumentID=109383&inline. CDFW. 2021d “Special Animals List.” Special Plant and Animal Lists, California Department of Fish and Wildlife, July 2021. nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406&amp;inline. CDFW. Fish & Game Code. FGC Sections 3503 and 3503.5. http://www.leginfo.ca.gov/cgi-bin/displaycode ?section=fgc&group=03001-04000&file=3500-3516 CDFW (California Department of Fish and Wildlife). 2023a. Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species. June 6, 2023. CDFW. 2023b. “CNDDB Maps and Data”. RareFind, (Commercial Subscription). Sacramento, California: CDFW, Biogeographic Data Branch. Accessed June 2023. https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data. City of San Diego. 1998. Final Multiple Species Conservation Program: MSCP Plan. August 1998. https://www.sandiegocounty.gov/content/dam/sdc/pds/mscp/docs/SCMSCP/FinalMSCPProgramPlan.pdf City of Chula Vista. 2003. City of Chula Vista MSCP Subarea Plan. February 2003. https://www.chulavistaca.gov /home/showpublisheddocument/7106/635653719615470000 CNPS (California Native Plant Society). 2021. “Inventory of Rare and Endangered Plants” [online edition, v8-02]. California Native Plant Society, Sacramento, California. Accessed April 2021. http://www.rareplants.cnps.org/. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 60 JUNE 2023 Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Prepared for U.S. Fish and Wildlife Service. December 1979. Reprinted 1992. http://www.fws.gov/wetlands/documents/classification-of-wetlands-and-deepwater- habitats-of-the-united-states.pdf. Crother, B.I., Committee Chair. 2012. 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Jepson Flora Project. 2018. “The Jepson Online Interchange: California Floristics.” Berkeley, California: University of California. Accessed August 2021. http://ucjeps.berkeley.edu/cgi-bin/get_JM_name_data.pl. Kus, B.E. 2002. “Least Bell's Vireo (Vireo bellii pusillus).” Focal species account and focal species range and breeding status map for The Riparian Bird Conservation Plan: A Strategy for Reversing the Decline of Riparian-Associated Birds in California, California Partners in Flight and the Riparian Habitat Joint Venture, Version 2.0 (2004). Accessed April 2, 2012. http://www.prbo.org/calpif/htmldocs/riparian.html. NABA (North American Butterfly Association). 2001. “Checklist of North American Butterflies Occurring North of Mexico. Edition 2.3”. Adapted from North American Butterfly Association (NABA) Checklist and English Names of North American Butterflies, eds. B. Cassie, J. Glassberg, A. Swengel, and G. Tudor. 2nd ed. Morristown, New Jersey: NABA. Accessed August 2021. http://www.naba.org/pubs/enames2_3.html. Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego County. March 2008. Pagel, Joel E., Whittington, Diana M., and Allen, George T. 2010. Interim Golden Eagle Inventory and Monitoring Protogols; and Other Recommendations. February 2010. https://www.fws.gov/southwest/es/oklahoma /documents/te_species/wind%20power/usfws_interim_goea_monitoring_protocol_10march2010.pdf Reiser, C.H. 2001. Rare Plants of San Diego County. 2001 ed. Imperial Beach, California: Aquafir Press. Richardson, L.L. Bumble Bees of North America Occurrence Records Database [unpublished database]. Database provided via email from L.L. Richardson to Anna Cassady (Biologist, Dudek). May 3, 2023. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 61 JUNE 2023 SDNHM (San Diego Natural History Museum). 2002. “Butterflies of San Diego County.” Revised September 2002. Accessed August 2021. http://www.sdnhm.org/science/entomology/projects/checklist -of-butterflies-of -san-diego-county/. SDNHM. 2021. “SDNHM Database of San Diego County Collected Plant Specimens” [data retrieved from Herbarium and Plant Atlas databases]. San Diego County Plant Atlas Project. Accessed August 2021. http://www.sdplantatlas.org/publicsearch.aspx. Tremor, S., ed. 2017. San Diego County Mammal Atlas. Illustrated by J. Zee. San Diego, California: San Diego Natural History Museum. USACE (U.S. Army Corps of Engineers). 1987. U.S. Army Corps of Engineers Wetland Delineation Manual (TR Y -87- 1) and the Interim Regional Supplement to the Corps of Eng ineers Wetland Delineation Manual: Arid West Region. Vicksburg, Mississippi. September. USACE. 2008a. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Environmental Laboratory, ERDC/EL TR-08-28. Vicksburg, Mississippi: U.S. Army Engineer Research and Development Center. September 2008. Accessed July 2021. https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7627. USACE 2008b. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. ed. R.W. Lichvar and S.M. McColley. ERDC/CRREL TR -08-12. Hanover, NH: Cold Regions Research and Engineering Laboratory U.S. Army Engineer Research and Development Center. August 2008. USACE. 2018. “National Wetland Plant List.” Accessed June 2021. https://cwbi- app.sec.usace.army.mil/nwpl_static/v34/home/home.html USDA-NRCS (United States Department of Agriculture-Natural Resources Conservation Service). 2018. Field Indicators of Hydric Soils in the United States, A Guide for Identifying and Delineating Hydric Soils, Version 8.2. https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_053171.pdf. USDA-NRCS. 2021a. “State Soil Data Access (SDA) Hydric Soils List.” Accessed July 2021 . https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcseprd1316619.html. USDA-NRCS. 2021b. “Web Soil Survey” [web application]. Accessed July 2021. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. USDA-NRCS. 2021c. PLANTS Database: Plant List of A ccepted Nomenclature, Taxonomy, and Symbols. https://plants.usda.gov/home. USDA-NRCS. 2021d. “Official Soil Series Descriptions: View By Name” [database]. Accessed July 2021. https://soilseries.sc.egov.usda.gov/osdname.aspx. USFWS (United States Fish and Wildlife Service). 2019. Survey Protocols for the Rusty Patched Bumble Bee (Bombus affinis). Version 2.2. April 12, 2019. NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 62 JUNE 2023 USFWS. 2000. General Rare Plant Survey Guidelines. California State University, Stanislaus. Ellen A. Cypher. Revised July 2002. https://www.fws.gov/sacramento/es/Survey-Protocols- Guidelines/Documents/rare_plant_protocol.pdf. USFWS. 2021a. “Critical Habitat and Occurrence Data” [map]. Accessed July 2021. http://www.fws.gov/data. USFWS 2021b. Birds of Conservation Concern 2021 Migratory Bird Program. June 15, 2021. Accessed August 2021. www.fws.gov/migratorybirds/pdf/management/birds-of-conservation-concern-2021.pdf. Wilson, D.E., and D.M. Reeder, eds. 2005. Mammal Species of the World: A Taxonomic and Geographic Reference. 3rd ed. Baltimore, Maryland: Johns Hopkins University Press. Date: 12/19/2022 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure1-ProjectLocation.mxd805 S P IV E Y R DOLYMPICPKY E OR AN G E AV E MENDOCIN O DR SEQUOIA ST TWININGAVEHARD ROCKRD R AN C H O DR OTAYVAL L E Y R D PALM (S B)AVE SANT A S IE R RADRMAI N ST REGATTA LN SP R U C ERD KENTMERE T ER ELPASE OAVEAREY DR S AN TA V I C T O R I A RD RIOS AVEPALMAVEMAPL EDRWESTPOINTDRKOSTNERDRSYCAMOR E D R SONORA DR BALL ASTLNMAXAVE RAVENAVEOLEANDER AVEBRANDYWINEAVELOMA LNOWENDRCOLEMAN AVE L EE CIR AV ENI DAE S CAYASANT ACHRI S TI N AAVE S A N T A MAYAMONSERATE AVE C O O P E R R D SH E R M A N D R D ENNERY RDJADE AVECAMIN O ALDEA LOTUS DR I SL AN D B REEZELN BLACKCORALWAYSANTA LI Z A A V E CAMIN O P R A D OLARKHAVEN DRMA R TINEZDR BYRD ST LANTANAAVEL I LACAVEE P R O S P E C T S T RAMBURST DATE STNOLANAVEMALTA A V EKECK R DORIOLEPLJUDSON WAYFUCHSIA LNPICCARDAVEROB L E S D R S L A T E S TE O N E ID A S T S T E A R N S W H A R F R D TAL U S S T VALLEY AVE E R IE N S T R A S 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Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications FIGURE 1 Chula Vista Solana Beach Encinitas San Diego Carlsbad Oceanside La Mesa El Cajon Santee Poway San Marcos Escondido Vista Imperial Beach Del Mar Coronado Riverside County Mexico 905 209 75 52 54 94 241133 125 274 19573 98 56 78 86 67 111 74 74 76 79 805 215 155 8 Project Site OTA Y C A N Y O N NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 64 JUNE 2023 INTENTIONALLY LEFT BLANK Date: 12/19/2022 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure2-MHPA.mxd805 S P IV E Y R D OLY M P I C P K Y E ORANG E A V E MENDOCIN O DR SEQUOIA ST HARD ROCKRD R AN C H O DR PALM (SB) AVE SEAREEFDRMAI N ST REGATTA LN HERITAGE RD KENTMERE T ER ELPASE OAVEMAP LEDRWESTPOINTDRSONORADR BALL ASTLNMAX AVEBRANDYWINEAVEOWENDRDARWIN WAY AV ENI DAE S CAYASANT ACHRI S TINAAVE S A N T A MAYACAMINO LE V A N T E SH E R M A N D R D E N NERY RD WESTP O RTVIEW DR CAMINO ALDE A I S L AN D B REEZELN BLACKCORALWAYSANTA LI Z A A V E CAMIN O P R A D O L A M E D I A R DMA R TINEZDRDAVIESDRLANTANAAVEL I LACAVEOLEANDERAVERAMBURST NOLANAVES A N TA VICTORIARD MALTA A V EKECK R D FU CHSIALNS L A T E S TS T E AR N S W H A R F R D TAL U S S T E R I EN STRA S T OTAYVALLEYRDMO RROPT DR PATERN A D RPAS E O C U L T U R A KOSTNERDREWINGDROCALACTSEAISLED RSPRUCESTAUTOPARKDROLIVEAVEWISTERIAST POW D E RH ORN D R ENERGY WAY TOPSIDE L NNACIONAVEDE LA TOBA R D FIRETHORN STCAL L E P IL A R E S CALLE DE C E O R IV E R A S T AZAL E A S T AVI ATOR R DLAHUERTAWAYOCEANVIEWHILLSPKYLAURELAVEMARLAVEWALNUTDRAVENIDADELASVISTASOCALAAVEPOGO ROWMARINERDR UNNAMED36 B STME LROS E AVESANTACAROLI NAAVECAMI N O C A N T E R AAUTOPARKPL SEABIR D W A YFALCONHURSTTER T O P S A I L DRNIRVAN A A VEENTERTAINMENTCIR MAX W E L L RD O T A Y R I V E RPOGGICANYONPOGGI C A N Y O N Multi-Habitat Planning Area (MHPA) Biological Technical Report for the Nirvana Project SOURCE: PLSA 2022; SANGIS 2020, 2022 02,0001,000 Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications Multi-Habitat Planning Area (MHPA) Conserved Lands FIGURE 2OTA Y C A N Y O N NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 66 JUNE 2023 INTENTIONALLY LEFT BLANK Date: 6/22/2023 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure3-BiologicalResources.mxdTS UVS MSS MSS UVS MSS DH DH TS TS TS MSS DH TS TSTS DH TS UVS TS DH UVS MSS DH MSS UVS UVS TS TS TS TS TS TS MSS DH 76 85 35 100 50015 1 2 11 7 18 5 4 3 3 3 4 6NIRVANA AVEM A I N S T Biological Resources Biological Technical Report for the Nirvana Project SOURCE: PLSA 2022; SANGIS 2020, 2022 0 200100Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications Vegetation Communities and Land Cover Types MSS - Maritime Succulent Scrub TS - Tamarisk Scrub UVS - Unvegetatated Stream DH - Disturbed Habitat Special-Status Plants Adolphia californica (California adolphia) Ambrosia monogyra (singlewhorl burrobrush) Ambrosia pumila (San Diego ambrosia) Ferocactus viridescens (San Diego barrel cactus) Selaginella cinerascens (ashy spike-moss) Special-Status Wildlife Observations Belding’s orange-throated whiptail Cooper’s hawk least Bell’s vireo yellow warbler FIGURE 3 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 68 JUNE 2023 INTENTIONALLY LEFT BLANK Date: 12/19/2022 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure4-JurisdictionalResources.mxdNWW-3 NWW-1 NWW-2 NWW-1 NWW-2NIRVANA AVEM A I N S T T-1 T-2 1a 1b 2a 2b 3 Potential Jurisdictional Resources Biological Technical Report for the Nirvana Project SOURCE: PLSA 2022; SANGIS 2020, 2022 0 200100Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications Wetland Sample Point Transects USACE/RWQCB/CDFW Non-wetland waters Non-wetland waters (Potential Path of Watercourse) CDFW Only Non-wetland waters Riparian City of Chula Vista Wetland Potential Waters of the State (RWQCB) erosional feature FIGURE 4 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 70 JUNE 2023 INTENTIONALLY LEFT BLANK Date: 6/20/2023 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure5-CNDDB.mxd805 O T A Y R I V E R Maritime Succulent Scrub coastal cactus wren Otay tarplant Palmer’s goldenbush variegated dudleya San Diego thorn-mint San Diego bur-sage south coast saltscale least Bell’s vireo San Diego barrel cactus Otay tarplant coastal California gnatcatcher orange-throated whiptail San Diego marsh-elder California adolphia San Diego marsh-elder snake cholla San Diego goldenstar San Diego marsh-elder San Diego bur-sage San Diego bur-sage decumbent goldenbush cliff spurge San Diego barrel cactus long-spined spineflower coastal California gnatcatcher San Diego goldenstar Riverside fairy shrimp San Diego fairy shrimp Otay tarplant variegated dudleya Orcutt’s bird’s-beak Otay tarplant snake cholla San Diego thorn-mint San Diego bur-sage San Diego ambrosia San Diego button-celery Tecate cypress California adolphia San Diego barrel cactus San Diego barrel cactus CNDDB Occurrences within 1-Mile Biological Technical Report for the Nirvana Project SOURCE: PLSA 2022; CDFW 2022; SANGIS 20210, 2022 02,0001,000 Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications 1 Mile Buffer CNDDB Observations FIGURE 5 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 72 JUNE 2023 INTENTIONALLY LEFT BLANK Date: 6/22/2023 - Last saved by: agreis - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR\Figure6-Impacts_BiologicalResources.mxdTS UVS MSS MSS UVS MSS DH DH TS TS TS MSS DH TS TSTS DH TS UVS TS DH UVS MSS DH MSS UVS UVS TS TS TS TS TS TS MSS DH 76 85 35 100 50015 1 2 11 7 18 5 4 3 3 3 4 6NIRVANA AVEM A I N S T Impacts to Biological Resources Biological Technical Report for the Nirvana Project SOURCE: PLSA 2022; SANGIS 2020, 2022 0 200100Feet Project Boundary Off-site Easement Off-site Grading Off-site Riprap Modifications Impact Area Vegetation Communities and Land Cover Types MSS - Maritime Succulent Scrub TS - Tamarisk Scrub UVS - Unvegetatated Stream DH - Disturbed Habitat USACE/RWQCB/CDFW Non-wetland waters Non-wetland waters (Potential Path of Watercourse) CDFW Only Non-wetland waters Riparian City of Chula Vista Wetland Potential Waters of the State (RWQCB) erosional feature Special-Status Plants Adolphia californica (California adolphia) Ambrosia monogyra (singlewhorl burrobrush) Ambrosia pumila (San Diego ambrosia) Ferocactus viridescens (San Diego barrel cactus) Selaginella cinerascens (ashy spike-moss) Special-Status Wildlife Observations Belding’s orange-throated whiptail Cooper’s hawk least Bell’s vireo yellow warbler FIGURE 6 NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 74 JUNE 2023 INTENTIONALLY LEFT BLANK ATTEMPATTEMPATTEMP ATTEMP ATTEMP ATTEMP ATTEMP ATTEMP ATTEMP ATTEMP ATTEMPATTEMP 77777<37<3          %8,/',1* ,1'8675,$/ %8,/',1*7<3(9%)22735,176)&/($5+7 *5266)/225$5($ 6)%8,/',1* ,1'8675,$/ %8,/',1*7<3(9%)22735,176)&/($5+7 *5266)/225$5($ 6)%8,/',1* 6(/)6725$*( %8,/',1*7<3(,,%)22735,176)6725<%8,/',1**5266)/225$5($ 6)%8,/',1* ,1'8675,$/ %8,/',1*7<3(9%)22735,176)&/($5+7 *5266)/225$5($ 6)2)),&(:0(==$1,1(2)),&(:0(==$1,1(2)),&(:0(==$1,1(2)),&(,)1(('(' 6) 2)),&(:0(==$1,1( 6) 2)),&(:0(==$1,1( 6)    6(7%$&.72)$&(2)&85%  :,'(%$77(5:$// 6(7%$&.      0$,1675((7          $$6)6) '(0,6,1*:$//,)1(('(')257(1$1766)6)2)),&(:0(==$1,1(6)/2$',1*3/$7)250:'2&./(9(/(5 /$''(5  $63+$/7 $63+$/7$63+$/7$63+$/7 '(35(66(''2&.:(//&$1$&&2002'$7('28%/(6:,1**$7(&$1$&&2002'$7('28%/(6:,1**$7(1,59$1$675((7  $63+$/7 &/($5$1&(          2)),&(,)1(('('  &$123<&$123<          Site PlanBiological Technical Report for the Nirvana ProjectFIGURE 7ASOURCE: PLSA Engineering, 2022Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 76 JUNE 2023 INTENTIONALLY LEFT BLANK Riprap ModificationsBiological Technical Report for the Nirvana ProjectFIGURE 7BSOURCE: PLSA Engineering, 2022Z:\Projects\j1351801\MAPDOC\DOCUMENT\BTR NIRVANA PROJECT CITY OF CHULA VISTA, SAN DIEGO COUNTY/BIOLOGICAL TECHNICAL REPORT 13518 78 JUNE 2023 INTENTIONALLY LEFT BLANK Appendix A Plant Compendium APPENDIX A / PLANT COMPENDIUM 13518 A-1 JUNE 2022 Vascular Species Eudicots AIZOACEAE —FIG -MARIGOLD FAMILY  Mesembryanthemum crystallinum—common iceplant  Mesembryanthemum nodiflorum—slenderleaf iceplant ANACARDIACEAE —SUMAC OR CASHEW FAMILY Malosma laurina—laurel sumac Rhus integrifolia—lemonade berry  Schinus molle—Peruvian peppertree Toxicodendron diversilobum—poison oak APIACEAE —CARROT FAMILY  Apium graveolens—wild celery Daucus pusillus—American wild carrot  Foeniculum vulgare—fennel ASTERACEAE —SUNFLOWER FAMILY Ambrosia monogyra—singlewhorl burrobrush Ambrosia psilostachya—western ragweed Ambrosia pumila—San Diego ambrosia Artemisia californica—California sagebrush Baccharis salicifolia—mulefat Baccharis sarothroides—desertbroom  Centaurea melitensis—Maltese star-thistle Deinandra fasciculata—clustered tarweed Encelia californica—California brittle bush Erigeron canadensis—Canadian horseweed  Glebionis coronaria—crowndaisy Helianthus annuus—common sunflower * Helminthotheca echioides—bristly oxtongue Heterotheca grandiflora—telegraphweed Isocoma menziesii var. vernonioides—Menzies’ goldenbush  Lactuca serriola—prickly lettuce  Oncosiphon piluliferum—stinknet  Pseudognaphalium luteoalbum—Jersey cudweed  Sonchus oleraceus—common sowthistle Viguiera laciniata—San Diego County viguiera APPENDIX A / PLANT COMPENDIUM 13518 A-2 JUNE 2022 Xanthium strumarium—cocklebur BORAGINACEAE —BORAGE FAMILY Emmenanthe penduliflora var. penduliflora—whisperingbells Phacelia cicutaria var. hispida—caterpillar phacelia BRASSICACEAE —MUSTARD FAMILY  Brassica nigra—black mustard  Hirschfeldia incana—shortpod mustard  Lepidium nitidum—shining pepperweed CACTACEAE —CACTUS FAMILY Cylindropuntia prolifera—coastal cholla Ferocactus viridescens—San Diego barrel cactus Mammillaria dioica—strawberry cactus Opuntia littoralis—coast prickly pear CARYOPHYLLACEAE —PINK FAMILY  Silene gallica—common catchfly CHENOPODIACEAE —GOOSEFOOT FAMILY  Atriplex semibaccata—Australian saltbush  Chenopodium album—lambsquarters  Chenopodium murale—nettleleaf goosefoot  Salsola tragus—prickly Russian thistle CLEOMACEAE —CLEOME FAMILY Peritoma arborea var. arborea—bladderpod spiderflower Peritoma arborea—bladderpod CONVOLVULACEAE —MORNING -GLORY FAMILY Calystegia macrostegia—island false bindweed CRASSULACEAE —STONECROP FAMILY Dudleya pulverulenta—chalk dudleya EUPHORBIACEAE —SPURGE FAMILY  Ricinus communis—castorbean FABACEAE —LEGUME FAMILY  Acacia cyclops—coastal wattle  Acacia melanoxylon—blackwood Acmispon strigosus—strigose bird’s-foot trefoil APPENDIX A / PLANT COMPENDIUM 13518 A-3 JUNE 2022 Lupinus succulentus—hollowleaf annual lupine  Medicago polymorpha—burclover  Melilotus albus—yellow sweetclover  Melilotus indicus—annual yellow sweetclover GERANIACEAE —GERANIUM FAMILY  Erodium botrys—longbeak stork’s bill  Erodium cicutarium—redstem stork’s bill LAMIACEAE —MINT FAMILY  Marrubium vulgare—horehound MALVACEAE —MALLOW FAMILY  Malva parviflora—cheeseweed mallow PLANTAGINACEAE —PLANTAIN FAMILY Antirrhinum nuttallianum ssp. nuttallianum—violet snapdragon POLYGONACEAE —BUCKWHEAT FAMILY Eriogonum fasciculatum var. fasciculatum—California buckwheat  Rumex crispus—curly dock RHAMNACEAE —BUCKTHORN FAMILY Adolphia californica—California adolphia SALICACEAE —WILLOW FAMILY Salix gooddingii—Goodding’s willow Salix laevigata—red willow SIMMONDSIACEAE —JOJOBA FAMILY Simmondsia chinensis—jojoba SOLANACEAE —NIGHTSHADE FAMILY Datura wrightii—sacred thorn-apple Lycium brevipes var. brevipes—Baja desert-thorn  Nicotiana glauca—tree tobacco TAMARICACEAE —TAMARISK FAMILY  Tamarix ramosissima—tamarisk URTICACEAE —NETTLE FAMILY Urtica dioica ssp. holosericea—stinging nettle APPENDIX A / PLANT COMPENDIUM 13518 A-4 JUNE 2022 VIBURN ACEAE —MUSKROOT FAMILY Sambucus mexicana—blue elderberry Ferns and Fern Allies SELAGINELLACEAE —SPIKE -MOSS FAMILY Selaginella cinerascens—ashy spike-moss Monocots AGAVACEAE —AGAVE FAMILY Yucca schidigera—Mojave yucca ARECACEAE —PALM FAMILY  Washingtonia robusta—Washington fan palm CYPERACEAE —SEDGE FAMILY Schoenoplectus californicus—California bulrush LILIACEAE —LILY FAMILY Calochortus splendens—splendid mariposa lily POACEAE —GRASS FAMILY  Avena barbata—slender oat  Avena fatua—wild oat Bothriochloa barbinodis—cane bluestem  Brachypodium distachyon—purple false brome  Bromus diandrus—ripgut brome  Bromus rubens—red brome  Cynodon dactylon—Bermudagrass  Ehrharta erecta—panic veldtgrass  Festuca myuros—rat-tail fescue  Festuca perennis—perennial rye grass  Hordeum murinum—mouse barley  Lamarckia aurea—goldentop grass Melica imperfecta—smallflower melicgrass  Pennisetum setaceum—fountain grass  Phalaris minor—littleseed canarygrass  Poa annua—annual bluegrass  Polypogon monspeliensis—annual rabbitsfoot grass  Stipa miliacea var. miliacea—smilograss Stipa pulchra—purple needlegrass APPENDIX A / PLANT COMPENDIUM 13518 A-5 JUNE 2022 THEMIDACEAE —BRODIAEA FAMILY Dipterostemon capitatus—bluedicks Appendix B Wildlife Compendium APPENDIX B / WILDLIFE COMPENDIUM 13518 B-1 JUNE 2023 Birds Blackbirds, Orioles and Allies ICTERIDAE —BLACKBIRDS Icterus cucullatus—hooded oriole Bushtits AEGITHALIDAE —LONG -TAILED TITS AND BUSHTITS Psaltriparus minimus—bushtit Falcons FALCONIDAE —CARACARAS AND FALCONS Falco sparverius—American kestrel Finches FRINGILLIDAE —FRINGILLINE AND CARDUELINE FINCHES AND ALLIES Haemorhous mexicanus—house finch Spinus psaltria—lesser goldfinch Flycatchers TYRANNIDAE —TYRANT FLYCATCHERS Empidonax difficilis—Pacific-slope flycatcher Myiarchus cinerascens—ash-throated flycatcher Sayornis nigricans—black phoebe Sayornis saya—Say’s phoebe Tyrannus vociferans—Cassin’s kingbird Hummingbirds TROCHILIDAE —HUMMINGBIRDS Calypte anna—Anna’s hummingbird APPENDIX B / WILDLIFE COMPENDIUM 13518 B-2 JUNE 2023 Jays, Magpies and Crows CORVIDAE —CROWS AND JAYS Corvus corax—common raven Mockingbirds and Thrashers MIMIDAE —MOCKINGBIRDS AND THRASHERS Mimus polyglottos—northern mockingbird New World Vultures CATHARTIDAE —NEW WORLD VULTURES Cathartes aura—turkey vulture Pigeons and Doves COLUMBIDAE —PIGEONS AND DOVES Zenaida macroura—mourning dove Vireos VIREONIDAE —VIREOS Vireo bellii pusillus—least Bell’s vireo Wood Warblers and Allies PARULIDAE —WOOD -WARBLERS Geothlypis trichas—common yellowthroat Setophaga coronata—yellow-rumped warbler Setophaga petechia—yellow warbler Wrens TROGLODYTIDAE —WRENS Thryomanes bewickii—Bewick’s wren New World Sparrows PASSERELLIDAE —NEW WORLD SPARROWS Junco hyemalis—dark-eyed junco APPENDIX B / WILDLIFE COMPENDIUM 13518 B-3 JUNE 2023 Melospiza melodia—song sparrow Melozone crissalis—California towhee Pipilo maculatus—spotted towhee Zonotrichia leucophrys—white-crowned sparrow Typical Warblers, Parrotbills, Wrentit SYLVIIDAE —SYLVIID WARBLERS Chamaea fasciata—wrentit Invertebrates Butterflies LYCAENIDAE —BLUES, HAIRSTREAKS, AND COPPERS Brephidium exile—western pygmy-blue Euphilotes battoides bernardino—Bernardino square-spotted blue Hemiargus ceraunus gyas—Edward’s blue Icaricia acmon acmon—Acmon blue Leptotes marina—marine blue Strymon melinus—gray hairstreak RIODINIDAE —METALMARKS Apodemia mormo virgulti—Behr’s metalmark HESPERIIDAE —SKIPPERS Erynnis funeralis—funereal duskywing PIERIDAE —WHITES AND SULFURS Phoebis sennae—cloudless sulphur Pieris rapae—cabbage white Pontia protodice—checkered white Bees APIDAE —BEES Bombus vosnesenskii—Vosnesensky bumble bee APPENDIX B / WILDLIFE COMPENDIUM 13518 B-4 JUNE 2023 Mammals Canids CANIDAE —WOLVES AND FOXES Canis latrans—coyote Hares & Rabbits LEPORIDAE —HARES & RABBITS Sylvilagus audubonii—desert cottontail Squirrels SCIURIDAE —SQUIRRELS Otospermophilus beecheyi—California ground squirrel Reptiles Lizards PHRYNOSOMATIDAE —IGUANID LIZARDS Sceloporus occidentalis—western fence lizard Uta stansburiana—common side-blotched lizard TEIIDAE —WHIPTAIL LIZARDS Aspidoscelis hyperythra beldingi—Belding's orange-throated whiptail 13518 B-5 JUNE 2023 INTENTIONALLY LEFT BLANK Appendix C Jurisdictional Delineation Forms WETLAND DETERMINATION DATA FORM – Arid West Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Is the Sampled Area within a Wetland? Yes No VEGETATION – Use scientific names of plants. Dominance Test worksheet: Prevalence Index worksheet: Hydrophytic Vegetation Indicators: Hydrophytic Vegetation Present? Yes No SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: LRR C LRR B LRR C LRR D Restrictive Layer (if present): Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Riverine Riverine Riverine Nonriverine Nonriverine Nonriverine Field Observations: Wetland Hydrology Present? Yes No WETLAND DETERMINATION DATA FORM – Arid West Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Is the Sampled Area within a Wetland? Yes No VEGETATION – Use scientific names of plants. Dominance Test worksheet: Prevalence Index worksheet: Hydrophytic Vegetation Indicators: Hydrophytic Vegetation Present? Yes No SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: LRR C LRR B LRR C LRR D Restrictive Layer (if present): Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Riverine Riverine Riverine Nonriverine Nonriverine Nonriverine Field Observations: Wetland Hydrology Present? Yes No WETLAND DETERMINATION DATA FORM – Arid West Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Is the Sampled Area within a Wetland? Yes No VEGETATION – Use scientific names of plants. Dominance Test worksheet: Prevalence Index worksheet: Hydrophytic Vegetation Indicators: Hydrophytic Vegetation Present? Yes No SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: LRR C LRR B LRR C LRR D Restrictive Layer (if present): Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Riverine Riverine Riverine Nonriverine Nonriverine Nonriverine Field Observations: Wetland Hydrology Present? Yes No WETLAND DETERMINATION DATA FORM – Arid West Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Is the Sampled Area within a Wetland? Yes No VEGETATION – Use scientific names of plants. Dominance Test worksheet: Prevalence Index worksheet: Hydrophytic Vegetation Indicators: Hydrophytic Vegetation Present? Yes No SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: LRR C LRR B LRR C LRR D Restrictive Layer (if present): Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Riverine Riverine Riverine Nonriverine Nonriverine Nonriverine Field Observations: Wetland Hydrology Present? Yes No WETLAND DETERMINATION DATA FORM – Arid West Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Is the Sampled Area within a Wetland? Yes No VEGETATION – Use scientific names of plants. Dominance Test worksheet: Prevalence Index worksheet: Hydrophytic Vegetation Indicators: Hydrophytic Vegetation Present? Yes No SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: LRR C LRR B LRR C LRR D Restrictive Layer (if present): Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Riverine Riverine Riverine Nonriverine Nonriverine Nonriverine Field Observations: Wetland Hydrology Present? Yes No Appendix D Special-Status Plant Species with Low to No Potential to Occur in the Study area APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-1 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Abronia maritima red sand- verbena None/None/4.2/None Coastal dunes/perennial herb/Feb–Nov/0–330 Not expected to occur. No suitable vegetation present. Red-sand-verbena occurs in sandy coastal dune habitat which is not present on- site (SDNHM 2021; Calflora 2021; Reiser 2001). Acanthomintha ilicifolia San Diego thorn-mint FT/SE/1B.1/Covered; NE Chaparral, Coastal scrub, Valley and foothill grassland, Vernal pools; Clay, openings/annual herb/Apr–June/33–3,145 Low potential to occur. Habitat for San Diego thorn-mint occurs on site; however, this plant was absent during focused plant surveys in April and May 2022. Acmispon prostratus Nuttall’s acmispon None/None/1B.1/None Coastal dunes, Coastal scrub (sandy)/annual herb/ Mar–June(July)/0–35 Not expected to occur. The site is outside of the species’ known elevation range. As the elevation for Nuttall’s acmispon is near the beach in coastal dunes. In addition, Nuttal’s acmispon occurs in sandy costal dune and sandy coastal scrub habitat which is not present on-site (SDNHM 2021; Calflora 2021; Reiser 2001). The soil onsite is unsuitable for this species. In addition, Nuttall’s acmispon would have likely been observed during wildlife surveys as it can bloom in July. Agave shawii var. shawii Shaw’s agave None/None/2B.1/ Covered Coastal bluff scrub, Coastal scrub; Maritime succulent scrub/perennial leaf succulent/Sep–May/10–395 Not expected to occur. Shaw’s agave can be clearly identified year-round and was not observed during, reconnaissance surveys, coastal California gnatcatcher surveys, vegetation mapping or during the jurisdictional delineation. In addition, Shaw’s agave is more likely to be found within proximity of the coastline (SDNHM 2021; Calflora 2021; Reiser 2001). Ambrosia chenopodiifolia San Diego bur-sage None/None/ 2B.1/None Coastal scrub/perennial shrub/Apr–June/180–510 While San Diego bur-sage was observed in 2007 (Appendix G), it was absent during the 2022 surveys despite 100% coverage of the site in April and May 2022. APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-2 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Aphanisma blitoides aphanisma None/None/1B.2/None Coastal bluff scrub, Coastal dunes, Coastal scrub; sandy or gravelly/annual herb/ Feb–June/3–1,000 Not expected to occur. Aphanisma is typically observed on coastal bluffs and coastal dunes in sandy soils which are not present on-site. In addition, the distribution range of aphanisma is only along the coastline and within southern California islands (SDNHM 2021; Calflora 2021; Reiser 2001). Arctostaphylos otayensis Otay manzanita None/None/1B.2/None Chaparral, Cismontane woodland; metavolcanic/perennial evergreen shrub/Jan–Apr/902–5,575 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Otay manzanita would have been observed during vegetation mapping studies if present. Otay manzanita can be clearly identified year-round. In addition, Otay manzanita has only been collected and or observed on Otay mountain, Mt. San Miguel, and Jamul mountains and Guatay mountain (SDNHM 2021; Calflora 2021; Reiser 2001). Artemisia palmeri San Diego sagewort None/None/4.2/None Chaparral, Coastal scrub, Riparian forest, Riparian scrub, Riparian woodland; sandy, mesic/perennial deciduous shrub/(Feb)May–Sep/ 49–3,000 Not expected to occur. San Diego Sagewort can be clearly identified year-round. San Diego sagewort was not observed during vegetation mapping. San Diego sagewort typically occurs within or near riparian areas. The riparian areas on-site were highly disturbed with trash in many of the channels where San Diego sagewort would have potential to occur. Collections for San Diego sagewort occur near the site in Otay Valley Regional park where riparian areas are dense (SDNHM 2021; Calflora 2021; Reiser 2001). Asplenium vespertinum western spleenwort None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub; rocky/perennial rhizomatous herb/Feb–June/ 591–3,280 Not expected to occur. The site is outside of the species’ known elevation range. APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-3 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Astragalus deanei Dean’s milk- vetch None/None/1B.1/None Chaparral, Cismontane woodland, Coastal scrub, Riparian forest/perennial herb/ Feb–May/246–2,280 Not expected to occur. The site is outside of the species’ known elevation range. In addition, the closest known locations for Dean’s milk-vetch is near Rancho San Diego, California (SDNHM 2021; Calflora 2021; Reiser 2001). Astragalus tener var. titi coastal dunes milk-vetch FE/SE/1B.1/None Coastal bluff scrub (sandy), Coastal dunes, Coastal prairie (mesic); often vernally mesic areas/annual herb/ Mar–May/3–165 Not expected to occur. No suitable vegetation or habitat is present on-site. In addition, coastal dunes milk-vetch occurs within proximity of the coastline (SDNHM 2021; Calflora 2021; Reiser 2001). Atriplex coulteri Coulter’s saltbush None/None/1B.2/None Coastal bluff scrub, Coastal dunes, Coastal scrub, Valley and foothill grassland; alkaline or clay/perennial herb/ Mar–Oct/10–1,505 Low potential to occur. Coulter’s saltbush is a small perennial that requires rare plant surveys to observe where tight transects are walked. It typically needs alkaline soils which were not observed therefore making potential for this species low. (SDNHM 2021; Calflora 2021; Reiser 2001). Atriplex pacifica South Coast saltscale None/None/1B.2/None Coastal bluff scrub, Coastal dunes, Coastal scrub, Playas/annual herb/Mar–Oct/0–460 Low potential to occur. South coast saltscale is an annual herb that requires tight transects to observe. 100% of the site was surveyed in April and May 2022 and this plant was absent. Bergerocactus emoryi golden-spined cereus None/None/2B.2/None Closed-cone coniferous forest, Chaparral, Coastal scrub; sandy/perennial stem succulent/May–June/10–1,295 Not expected to occur. Golden-spined cereus would have been observed during vegetation mapping as it can be clearly identified year- round. Golden-spined cereus also has a distribution that occurs along the coastline and near Border Field State Park (SDNHM 2021; Calflora 2021; Reiser 2001). Bloomeria clevelandii San Diego goldenstar None/None/1B.1/None Chaparral, Coastal scrub, Valley and foothill grassland, Vernal pools; clay/perennial bulbiferous herb/Apr–May/164–1,525 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-4 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Brodiaea orcuttii Orcutt’s brodiaea None/None/1B.1/ Covered Closed-cone coniferous forest, Chaparral, Cismontane woodland, Meadows and seeps, Valley and foothill grassland, Vernal pools; mesic, clay/perennial bulbiferous herb/May–July/98–5,550 Low potential to occur. The closest Orcutt’s brodiaea collections and or observations are near Otay mountain open space preserve. Therefore, considering the distance of observations or collections, Orcutt’s brodiaea is presumed to have low potential. A rare plant survey in the spring will be performed (SDNHM 2021; Calflora 2021; Reiser 2001). Calandrinia breweri Brewer’s calandrinia None/None/4.2/None Chaparral, Coastal scrub; sandy or loamy, disturbed sites and burns/annual herb/ (Jan)Mar–June/33–4,000 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Calochortus dunnii Dunn’s mariposa lily None/SR/1B.2/Covered Closed-cone coniferous forest, Chaparral, Valley and foothill grassland; gabbroic or metavolcanic, rocky/perennial bulbiferous herb/ (Feb)Apr–June/607–6,000 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. In addition, Dunn’s mariposa lily collections and observations are closer to Otay mountain open space preserve (SDNHM 2021; Calflora 2021; Reiser 2001). Camissoniopsis lewisii Lewis’ evening- primrose None/None/3/None Coastal bluff scrub, Cismontane woodland, Coastal dunes, Coastal scrub, Valley and foothill grassland; sandy or clay/annual herb/Mar–May(June)/0–985 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Ceanothus cyaneus Lakeside ceanothus None/None/1B.2/ Covered Closed-cone coniferous forest, Chaparral/perennial evergreen shrub/Apr–June/771–2,475 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. In addition, most of the population of Lakeside ceanothus occurs near Lakeside, Fernbrook and Flinn Springs, California (SDNHM 2021; Calflora 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-5 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Ceanothus otayensis Otay Mountain ceanothus None/None/1B.2/None Chaparral (metavolcanic or gabbroic)/perennial evergreen shrub/Jan–Apr/1,965–3,605 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. In addition, most of the population of Otay mountain ceanothus occurs on Otay Mountain (SDNHM 2021; Calflora 2021; Reiser 2001). Ceanothus verrucosus wart-stemmed ceanothus None/None/2B.2/None Chaparral/perennial evergreen shrub/Dec–May/3–1,245 Not expected to occur. No suitable vegetation present. The closest collection of wart- stemmed ceanothus is north of the city of San Diego (SDNHM 2021; Calflora 2021; Reiser 2001). Chaenactis glabriuscula var. orcuttiana Orcutt’s pincushion None/None/1B.1/None Coastal bluff scrub (sandy), Coastal dunes/annual herb/ Jan–Aug/0–330 Not expected to occur. No suitable vegetation present. Orcutt’s pincushion generally occurs in sandy soils and sandy dunes which are not present onsite. In addition, Orcutt’s pincushion has a coastline distribution based upon collection and observations (SDNHM 2021; Calflora 2021; Reiser 2001). Chamaebatia australis southern mountain misery None/None/4.2/None Chaparral (gabbroic or metavolcanic)/perennial evergreen shrub/Nov–May/984–3,345 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. In addition, southern mountain misery is easily identified year-round and would have been observed during vegetation mapping. Collections and observations of southern mountain misery are on Otay mountain, San Miguel mountain, and Jamul mountains (SDNHM 2021; Calflora 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-6 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Chloropyron maritimum ssp. maritimum salt marsh bird’s-beak FE/SE/1B.2/None Coastal dunes, Marshes and swamps (coastal salt)/annual herb (hemiparasitic)/May–Oct(Nov)/ 0–100 Not expected to occur. No suitable vegetation present. Salt marsh birds beak only occurs in saltmarsh. Habitat onsite is not suitable for saltmarsh birds’ beak. The distribution of salt marsh birds beak is almost entire on the coastline just east of the coastline in saltmarsh habitat (SDNHM 2021; Calflora 2021; Reiser 2001). Chorizanthe orcuttiana Orcutt’s spineflower FE/SE/1B.1/None Closed-cone coniferous forest, Chaparral (maritime), Coastal scrub; sandy openings/annual herb/Mar–May/10–410 Low potential to occur. Orcutt’s spineflower occurs in sandy soils unlike those observed on- site. Orcutt’s spineflower is extremely rare and where it is found disturbance is minimal. In addition, the closest collection or observation is in Point Loma. No recorded or Orcutt’s pincushion have been documented within Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Chorizanthe polygonoides var. longispina long-spined spineflower None/None/1B.2/None Chaparral, Coastal scrub, Meadows and seeps, Valley and foothill grassland, Vernal pools; often clay/annual herb/ Apr–July/98–5,015 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Cistanthe maritima seaside cistanthe None/None/4.2/None Coastal bluff scrub, Coastal scrub, Valley and foothill grassland; sandy/annual herb/ (Feb)Mar–June(Aug)/16–985 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-7 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Clarkia delicata delicate clarkia None/None/1B.2/None Chaparral, Cismontane woodland; often gabbroic/annual herb/ Apr–June/771–3,280 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Delicate clarkia is more typically found in oak woodland and open oak woodland which is not present on-site. In addition, delicate clarkia generally occurs within central San Diego county east and north of Otay Mesa, California (SDNHM 2021; Calflora 2021; Reiser 2001). Clinopodium chandleri San Miguel savory None/None/1B.2/None Chaparral, Cismontane woodland, Coastal scrub, Riparian woodland, Valley and foothill grassland; Rocky, gabbroic or metavolcanic/perennial shrub/Mar–July/394–3,525 Not expected to occur. The site is outside of the species’ known elevation range. San Miguel Savory occurs near mountain peaks. San Miguel mountain and Jamul mountains are the closest collection and observations for San Miguel mountain savory (SDNHM 2021; Calflora 2021; Reiser 2001). Comarostaphylis diversifolia ssp. diversifolia summer holly None/None/1B.2/None Chaparral, Cismontane woodland/perennial evergreen shrub/Apr–June/98–2,590 Low potential to occur. Summer holly can be identified year-round if the leaf serrations are studied closely. Summer holly (a large shrub) would have likely been observed during vegetation mapping but every shrub wasn’t studied in detail. A rare plant survey is needed to determine presence. The closest collection of summer holly is near Otay mountain and further north of Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Convolvulus simulans small-flowered morning-glory None/None/4.2/None Chaparral (openings), Coastal scrub, Valley and foothill grassland; clay, serpentinite seeps/annual herb/Mar–July/ 98–2,425 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Corethrogyne filaginifolia var. incana San Diego sand aster None/None/1B.1/None Coastal bluff scrub, Chaparral, Coastal scrub/perennial herb/June–Sep/10–375 Not expected to occur. San Diego san aster typically occurs on costal bluff scrub which is not present on-site. APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-8 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Cylindropuntia californica var. californica snake cholla None/None/1B.1/ Covered NE Chaparral, Coastal scrub/perennial stem succulent/Apr–May/98–490 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. The Cylindropuntia species on site was determined to be the common coastal cholla (C. prolifera) based on the presence of flowers during the April and May surveys. Deinandra conjugens Otay tarplant FT/SE/1B.1/ Covered; NE Coastal scrub, Valley and foothill grassland; clay/annual herb/( Apr)May–June/82–985 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Rare plant reference checks were performed for this species less than 4 miles away on the same day as the May 2022 pass. Reference checks documented this plant in full bloom. Deinandra floribunda Tecate tarplant None/None/1B.2/None Chaparral, Coastal scrub/annual herb/Aug–Oct/230–4,000 Low potential to occur. Tecate tarplant has a distribution near Otay mountain and further east and into the high desert (SDNHM 2021; Calflora 2021; Reiser 2001). Deinandra paniculata paniculate tarplant None/None/4.2/None Coastal scrub, Valley and foothill grassland, Vernal pools; usually vernally mesic, sometimes sandy/annual herb/ (Mar)Apr–Nov(Dec)/82–3,080 Low potential to occur. Paniculate tarplant has a distribution that is north of Camp Pendleton (with a few collections near Terrasanta) and into Orange County (SDNHM 2021; Calflora 2021; Reiser 2001). Dichondra occidentalis western dichondra None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub, Valley and foothill grassland/perennial rhizomatous herb/(Jan)Mar–July/164–1,640 Low potential to occur. Western dichondra would have likely been observed during vegetation mapping as it can be observed year- round. However, it is easier to observe after fire. Collections have been surrounding Chula Vista for western dichondra (SDNHM 2021; Calflora 2021; Reiser 2001). Dicranostegia orcuttiana Orcutt’s bird’s- beak None/None/2B.1/None Coastal scrub/annual herb (hemiparasitic)/ (Mar)Apr–July(Sep)/33–1,145 Low potential to occur. Orcutt’s bird-beak is especially rare and the majority of all locations are being monitored. One population does occur within a Chula Vista preserve (SDNHM 2021; Calflora 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-9 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Diplacus clevelandii Cleveland’s bush monkeyflower None/None/4.2/None Chaparral, Cismontane woodland, Lower montane coniferous forest; Gabbroic, often in disturbed areas, openings, rocky/perennial rhizomatous herb/ Apr–July/1,475–6,560 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. The closest documentation of Cleveland’s bush monkeyflower is on Otay mountain, California. None are documented near Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Dudleya attenuata ssp. attenuata Orcutt’s dudleya None/None/2B.1/None Coastal bluff scrub, Chaparral, Coastal scrub; rocky or gravelly/perennial herb/ May–July/10–165 Not expected to occur. Orcutt’s Dudleya occurs at the US/Mexico border in one location. Orcutt’s Dudleya has not been observed within or directly surrounding Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Dudleya blochmaniae ssp. blochmaniae Blochman’s dudleya None/None/1B.1/None Coastal bluff scrub, Chaparral, Coastal scrub, Valley and foothill grassland; rocky, often clay or serpentinite/perennial herb/Apr– June/16–1,475 Not expected to occur. Blochman’s Dudleya has a coastal distribution and occurs in unique serpentinite soils not present on-site (SDNHM 2021; Calflora 2021; Reiser 2001). Dudleya variegata variegated dudleya None/None/1B.2/ Covered NE Chaparral, Cismontane woodland, Coastal scrub, Valley and foothill grassland, Vernal pools; clay/perennial herb/ Apr–June/10–1,900 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Ericameria palmeri var. palmeri Palmer’s goldenbush None/None/1B.1/ Covered Chaparral, Coastal scrub; mesic/perennial evergreen shrub/(July)Sep–Nov/ 98–1,965 Low potential to occur. Palmer’s goldenbush can easily be observed year-round. Palmer’s goldenbush was not observed during vegetation mapping. In addition, collections have not been made within or directly surrounding Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-10 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Eryngium aristulatum var. parishii San Diego button-celery FE/SE/1B.1/None Coastal scrub, Valley and foothill grassland, Vernal pools; mesic/annual / perennial herb/Apr–June/66–2,030 Not expected to occur. San Diego button celery occurs within vernal pools. Vernal pools were not observed onsite. In addition, no collections have been made within or immediately surrounding Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Erysimum ammophilum sand-loving wallflower None/None/1B.2/None Chaparral (maritime), Coastal dunes, Coastal scrub; sandy, openings/perennial herb/ Feb–June/0–195 Not expected to occur. Sand-loving wallflower occurs in coastal sand and coastal dunes. Habitat for this species doesn’t occur onsite. Sand-loving wallflower also has a distribution near the coastline (SDNHM 2021; Calflora 2021; Reiser 2001). Erythranthe diffusa Palomar monkeyflower None/None/4.3/None Chaparral, Lower montane coniferous forest; sandy or gravelly/annual herb/ Apr–June/4,000–6,000 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Palomar moneyflower occurs within central and eastern San Diego far from Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001). Euphorbia misera cliff spurge None/None/ 2B.2/None Coastal bluff scrub, Coastal scrub, Mojavean desert scrub; rocky/perennial shrub/ Dec–Aug(Oct)/33–1,640 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Fremontodendron mexicanum Mexican flannelbush FE/SR/1B.1/None Closed-cone coniferous forest, Chaparral, Cismontane woodland; gabbroic, metavolcanic, or serpentinite/perennial evergreen shrub/Mar–June/33–2,345 Not expected to occur. No suitable vegetation present. Mexican flannel bush populations generally occur on Otay mountain. Some collections have been documented in Bonita, California. However, if Mexican flannelbush was present onsite it would have likely been observed during vegetation mapping as this species can easily be identified year-round (SDNHM 2021; Calflora 2021; iNaturalist 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-11 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Galium proliferum desert bedstraw None/None/2B.2/None Joshua tree woodland, Mojavean desert scrub, Pinyon and juniper woodland; rocky, carbonate (limestone)/annual herb/Mar– June/3,900–5,345 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Collections are east of Bonita, California and a majority of collections are in the Mojave desert (SDNHM 2021; Calflora 2021; iNaturalist 2021; Reiser 2001). Grindelia hallii San Diego gumplant None/None/1B.2/None Chaparral, Lower montane coniferous forest, Meadows and seeps, Valley and foothill grassland/perennial herb/ May–Oct/607–5,725 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. The majority of collections are within the Cuyamaca and Laguna mountains (SDNHM 2021; Calflora 2021; iNaturalist 2021; Reiser 2001). Harpagonella palmeri Palmer’s grapplinghook None/None/4.2/None Chaparral, Coastal scrub, Valley and foothill grassland; Clay; open grassy areas within shrubland/annual herb/ Mar–May/66–3,130 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Hesperevax caulescens hogwallow starfish None/None/4.2/None Valley and foothill grassland (mesic, clay), Vernal pools (shallow); sometimes alkaline/annual herb/ Mar–June/0–1,655 Not expected to occur. No suitable vegetation present. Only three collections have been documented within San Diego county. One collection is off the 125 freeway in Otay valley, one in Otay mesa and one near sweetwater reservoir. No collections have been made in Chula Vista, California but it is an especially rare plant in San Diego county (SDNHM 2021; Calflora 2021; iNaturalist 2021; Reiser 2001). Hesperocyparis forbesii Tecate cypress None/None/1B.1/None Closed-cone coniferous forest, Chaparral; clay, gabbroic or metavolcanic/perennial evergreen tree/N.A./262–4,920 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. In addition, tecate cypress would have been observed during vegetation mapping as it is a tree that can be identified year-round (SDNHM 2021; Calflora 2021; iNaturalist 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-12 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Heterotheca sessiliflora ssp. sessiliflora beach goldenaster None/None/1B.1/None Chaparral (coastal), Coastal dunes, Coastal scrub/perennial herb/Mar–Dec/0–4,015 Not expected to occur. Beach goldenaster occurs on coastal dunes, on the edge of salt marsh and coastal scrub near the beach. Typically, beach golden aster is found in sandy soils. Soils within the CSS on-site are clay loam (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Holocarpha virgata ssp. elongata graceful tarplant None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub, Valley and foothill grassland/annual herb/May– Nov/197–3,605 Low potential to occur. Graceful tarplant has not been documented within Chula Vista or near Chula Vista, California. A rare plant survey is needed to determine presence for this annual (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Hosackia crassifolia var. otayensis Otay Mountain lotus None/None/1B.1/None Chaparral (metavolcanic, often in disturbed areas)/perennial herb/May–Aug/1,245–3,295 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Isocoma menziesii var. decumbens decumbent goldenbush None/None/1B.2/None Chaparral, Coastal scrub (sandy, often in disturbed areas)/perennial shrub/Apr–Nov/33–445 Low potential to occur. Decumbent goldenbush occurs near the site. However, it would likely have been observed during vegetation mapping as it can be identified for much of the year. A rare plant survey is needed to confirm presence (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Iva hayesiana San Diego marsh-elder None/None/2B.2/None Marshes and swamps, Playas/perennial herb/ Apr–Oct/33–1,640 Low potential to occur. San Diego marsh elder occurs in channels, swales, and marsh areas. High quality habitat for this species was not present onsite due to the disturbances in those microhabitats. San Diego marsh elder has been documented right next to the site in Otay Valley regional park (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-13 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Juglans californica Southern California black walnut None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub, Riparian woodland; alluvial/perennial deciduous tree/Mar–Aug/164–2,950 Not expected to occur. Southern California black walnut would have been observed during vegetation mapping. It was not present. Southern California black walnut has not been collected within or near Chula Vista, California (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Juncus acutus ssp. leopoldii southwestern spiny rush None/None/4.2/None Coastal dunes (mesic), Meadows and seeps (alkaline seeps), Marshes and swamps (coastal salt)/perennial rhizomatous herb/(Mar)May–June/10–2,950 Not expected to occur. No suitable vegetation present. Southwestern spiny rush would have been observed during vegetation mapping in the wash areas. Southwestern spiny rush can be easily observed year-round. Southwestern spiny rush was not present. Collections have been made in Otay Valley regional park near the site (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Lepechinia ganderi Gander’s pitcher sage None/None/1B.3/ Covered Closed-cone coniferous forest, Chaparral, Coastal scrub, Valley and foothill grassland; Gabbroic or metavolcanic/perennial shrub/June–July/1,000–3,295 Not expected to occur. The site is outside of the species’ known elevation range. Gander’s pitcher sage also requires unique soils like gabbroic or metavolcanic soils which are not present on-site. The majority of collections near the site are on Otay mountain (SDNHM 2021; Calflora 2021; iNaturalist 2021; USDA 2021; Reiser 2001). Lepidium virginicum var. robinsonii Robinson’s pepper-grass None/None/4.3/None Chaparral, Coastal scrub/annual herb/Jan–July/3–2,900 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Leptosyne maritima sea dahlia None/None/2B.2/None Coastal bluff scrub, Coastal scrub/perennial herb/ Mar–May/16–490 Not expected to occur. Sea dahlia occurs in sandy soils near the coast. Collections and observations occur near the coastline. In addition, sea dahlia can easily be identified year-round. Sea dahlia was not observed during vegetation mapping (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-14 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Lilium humboldtii ssp. ocellatum ocellated Humboldt lily None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub, Lower montane coniferous forest, Riparian woodland; openings/perennial bulbiferous herb/ Mar–July(Aug)/98–5,905 Low potential to occur. Ocellated Humbold lily has not been documented near the site. It generally has a distribution near Otay mountain and near the Cuyamacas (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Lycium californicum California box- thorn None/None/4.2/None Coastal bluff scrub, Coastal scrub/perennial shrub/(Dec)Mar,June, July, Aug/16–490 Low potential to occur. While California box thorn was observed in 2007 (Appendix G) and has been documented right next to the site, it was absent during the 2022 surveys despite 100% coverage of the site in April and May 2022. Microseris douglasii ssp. platycarpha small-flowered microseris None/None/4.2/None Cismontane woodland, Coastal scrub, Valley and foothill grassland, Vernal pools; clay/annual herb/Mar–May/ 49–3,510 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Mobergia calculiformis light gray lichen None/None/3/None Coastal scrub (?); On rocks/crustose lichen (saxicolous)/N.A./33–35 Not expected to occur. The site is outside of the species’ known elevation range. Monardella viminea willowy monardella FE/SE/1B.1/Covered Chaparral, Coastal scrub, Riparian forest, Riparian scrub, Riparian woodland; alluvial ephemeral washes/perennial herb/ June–Aug/164–740 Not expected to occur. Willowy monardella occurs in a unique microhabitat that consist of cobbly washes. Habitat for willowy monardella is not present onsite. In addition, willowy monardella generally occurs north of the City of San Diego. No collections have been made within or surrounding Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-15 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Mucronea californica California spineflower None/None/4.2/None Chaparral, Cismontane woodland, Coastal dunes, Coastal scrub, Valley and foothill grassland; sandy/annual herb/ Mar–July(Aug)/0–4,590 Low potential to occur. California spineflower has not been documented within or near Chula Vista. California spineflower has a coastal distribution except for a few outliers in eastern San Diego County. California spineflower occurs in sandy soils which area not present onsite. The site consists of clay loam soils (SDNHM 2021; Calflora 2021; Reiser 2001; USDA Soils 2021; iNaturalist 2021). Myosurus minimus ssp. apus little mousetail None/None/3.1/None Valley and foothill grassland, Vernal pools (alkaline)/annual herb/Mar–June/66–2,095 Not expected to occur. No suitable vegetation present. Little mousetail occurs within vernal pools. Vernal pools are not present on-site. The closest collection is near the US/Mexico border (SDNHM 2021; Calflora 2021; Reiser 2001; USDA Soils 2021; iNaturalist 2021). Navarretia fossalis spreading navarretia FT/None/1B.1/ None Chenopod scrub, Marshes and swamps (assorted shallow freshwater), Playas, Vernal pools/annual herb/ Apr–June/98–2,145 Not expected to occur. No suitable vegetation present. Spreading navarretia occurs within vernal pools. Vernal pools are not present on- site. No collections or observations have been made within or directly surrounding Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; USDA Soils 2021; iNaturalist 2021). Navarretia prostrata prostrate vernal pool navarretia None/None/1B.2/None Coastal scrub, Meadows and seeps, Valley and foothill grassland (alkaline), Vernal pools; Mesic/annual herb/ Apr–July/10–3,965 Not expected to occur. Prostrate vernal pool navarretia occurs within vernal pools, seeps, or wet meadows. Habitat for this species doesn’t occur on-site. In addition, prostrate vernal pool navarretia has been documented north of the city of San Diego, California and is not located within Chula Vista or surrounding areas (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-16 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Nemacaulis denudata var. denudata coast woolly- heads None/None/1B.2/None Coastal dunes/annual herb/Apr– Sep/0–330 Not expected to occur. No suitable vegetation present. Coast woolly heads occur on beach sand, on beach dunes. The distribution for coast woolly heads is along the coastline where beach sand is present. Soils on-site are not suitable for coast woolly heads (SDNHM 2021; Calflora 2021; Reiser 2001; USDA 2021; iNaturalist 2021). Nemacaulis denudata var. gracilis slender cottonheads None/None/2B.2/None Coastal dunes, Desert dunes, Sonoran desert scrub/annual herb/(Mar)Apr–May/-,165–1,310 Not expected to occur. No suitable vegetation present. No collections have been made within or near Chula Vista, California. Soils on-site are not sandy enough to support this species. The soils onsite consist of clay (SDNHM 2021; Calflora 2021; Reiser 2001; USDA 2021; iNaturalist 2021). Ophioglossum californicum California adder’s-tongue None/None/4.2/None Chaparral, Valley and foothill grassland, Vernal pools (margins); mesic/perennial rhizomatous herb/ (Dec)Jan–June/197–1,720 Low potential to occur. California adder’s tongue is a rare plant typically found in early February in areas with high concentrations of cryptogamic crusts that hold moisture. Although numerous crusts occur onsite, the majority are not holding moisture. The nearest collections for California adder’s tongue are in Bonita, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Orcuttia californica California Orcutt grass FE/SE/1B.1/None Vernal pools/annual herb/ Apr–Aug/49–2,165 Not expected to occur. No suitable vegetation present. California Orcutt grass occurs in vernal pools which are not present on-site. No collections for California Orcutt grass have been made in Chula Vista or within the immediate vicinity (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-17 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Ornithostaphylos oppositifolia Baja California birdbush None/SE/2B.1/None Chaparral/perennial evergreen shrub/Jan–Apr/180–2,620 Not expected to occur. No suitable vegetation present. Baja California birdbush has only been documented within the US on the US/Mexico border. It has not been documented north of the TJ river valley. In addition, Baja California birdbush is a large shrub that would have easily been identified during vegetation mapping if present onsite (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Pentachaeta aurea ssp. aurea golden-rayed pentachaeta None/None/4.2/None Chaparral, Cismontane woodland, Coastal scrub, Lower montane coniferous forest, Riparian woodland, Valley and foothill grassland/annual herb/ Mar–July/262–6,065 Not expected to occur. The site is outside of the species’ known elevation range. No collections or observations have been made for golden-rayed pentacheata anywhere near the site. A reference check was performed for golden-rayed pentachaeta in both May and July of 2021 for another project and it was in full bloom. Golden-rayed pentachaeta was not observed during July wildlife surveys onsite. It would have been observed onsite if present. The closest collections are near Mt. Laguna far east of the site (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Pickeringia montana var. tomentosa woolly chaparral-pea None/None/4.3/None Chaparral; Gabbroic, granitic, clay/evergreen shrub/ May–Aug/0–5,575 Not expected to occur. No suitable vegetation present. Gabbroic and or granitic soils are typically present when woolly chaparral pea is observed. The site doesn’t have gabbroic or granitic soils. In addition, most collections and observations are on Otay mountain wilderness (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-18 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Piperia cooperi chaparral rein orchid None/None/4.2/None Chaparral, Cismontane woodland, Valley and foothill grassland/perennial herb/ Mar–June/49–5,200 Not expected to occur. No suitable vegetation present. Chaparral rein orchid is a very sensitive species that has a required mycorrhizal association. A collection from 1882 was taken near National City, California. This is the closest record to Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Quercus dumosa Nuttall’s scrub oak None/None/1B.1/None Closed-cone coniferous forest, Chaparral, Coastal scrub; sandy, clay loam/perennial evergreen shrub/Feb–Apr(May–Aug)/ 49–1,310 Not expected to occur. Nuttall’s scrub oak would have been observed during vegetation mapping. No scrub oak species were observed. In addition, no collections have been made within Chula Vista or surrounding areas for Nuttall’s scrub oak (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Ribes viburnifolium Santa Catalina Island currant None/None/1B.2/None Chaparral, Cismontane woodland/perennial evergreen shrub/Feb–Apr/98–1,145 Not expected to occur. No suitable vegetation present. The only collections in San Diego county are in the TJ river preserve near the US/Mexico border (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Romneya coulteri Coulter’s matilija poppy None/None/4.2/None Chaparral, Coastal scrub; Often in burns/perennial rhizomatous herb/Mar–July(Aug)/66–3,935 Low potential to occur. Collections have been made within Bonita, California for Coulter’s matilija poppy. Coulter’s matilija poppy would have likely been observed during vegetation mapping as it is a perennial rhizomatous species that can easily be identified year-round (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-19 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Rosa minutifolia small-leaved rose None/SE/2B.1/None Chaparral, Coastal scrub/perennial deciduous shrub/Jan–June/ 492–525 Not expected to occur. The site is outside of the species’ known elevation range. Few small populations of small-leaved rose occur in San Diego county and they are near Otay Mesa and are south of Otay river. Small-leaved rose would have been observed during vegetation mapping (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Salvia munzii Munz’s sage None/None/2B.2/None Chaparral, Coastal scrub/perennial evergreen shrub/Feb–Apr/ 377–3,490 Not expected to occur. The site is outside of the species’ known elevation range. The majority of collections are within Otay mountain open space preserve (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Senecio aphanactis chaparral ragwort None/None/2B.2/None Chaparral, Cismontane woodland, Coastal scrub; sometimes alkaline/annual herb/ Jan–Apr(May)/49–2,620 Low potential to occur. Chaparral ragwort has been collected on the edge of Otay mountain. No collections or observations have been made within or near Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Sphaerocarpos drewiae bottle liverwort None/None/1B.1/None Chaparral, Coastal scrub; openings, soil/ephemeral liverwort/N.A./295–1,965 Not expected to occur. The site is outside of the species’ known elevation range. Stemodia durantifolia purple stemodia None/None/2B.1/None Sonoran desert scrub (often mesic, sandy)/perennial herb/(Jan)Apr, June, Aug, Sep,Oct, Dec/591–985 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Purple stemodia occurs in cobbly washes and basically blooms year-round. Purple stemoidia would have been observed while doing the jurisdictional delineation if it was present. Collections have been made within Otay Valley regional park right next to the site (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-20 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Stipa diegoensis San Diego County needle grass None/None/4.2/None Chaparral, Coastal scrub; rocky, often mesic/perennial herb/ Feb–June/33–2,620 Low potential to occur. 100% of the site was surveyed in April and May 2022 and this plant was absent. Streptanthus bernardinus Laguna Mountains jewelflower None/None/4.3/None Chaparral, Lower montane coniferous forest/perennial herb/May–Aug/2,195–8,200 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. The closest collection is near Otay Lake. No collections have been made within or near Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Stylocline citroleum oil neststraw None/None/1B.1/None Chenopod scrub, Coastal scrub, Valley and foothill grassland; clay/annual herb/Mar–Apr/ 164–1,310 Not expected to occur. No collections have been made within or near Chula Vista, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Suaeda esteroa estuary seablite None/None/1B.2/None Marshes and swamps (coastal salt)/perennial herb/ (May)July–Oct(Jan)/0–15 Not expected to occur. The site is outside of the species’ known elevation range and there is no suitable vegetation present. Estuary seablite only occurs in coastal salt marsh which is not present on-site (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Suaeda taxifolia woolly seablite None/None/4.2/None Coastal bluff scrub, Coastal dunes, Marshes and swamps (margins of coastal salt)/perennial evergreen shrub/Jan–Dec/0–165 Not expected to occur. No suitable vegetation present. Woolly seablite has not been observed or collected within or near Chula Vista, California. The distribution for Woolly seablite is along the coastline. Woolly seablite needs some degree of moisture to persist and is more likely in coastal saltmarsh (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-21 JUNE 2022 Scientific Name Common Name Status (Federal/State/CRPR) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Tetracoccus dioicus Parry’s tetracoccus None/None/1B.2/None Chaparral, Coastal scrub/perennial deciduous shrub/Apr–May/541– 3,280 Not expected to occur. The site is outside of the species’ known elevation range. Parry’s tetracoccus can easily be identified year-round. It would have been observed during vegetation mapping if present. In addition, collections of this species are north of Jamul, California (SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021). Tortula californica California screw-moss None/None/1B.2/None Chenopod scrub, Valley and foothill grassland; sandy, soil/moss/N.A./33–4,790 Not expected to occur. No suitable vegetation present. Source: SDNHM 2021; Calflora 2021; Reiser 2001; iNaturalist 2021; USDA Soils 2021 Notes: CSS = coastal sage scrub Status Designations Covered: species covered under the Chula Vista MSCP FE: Federally listed as endangered SE: State listed as endangered SR: State listed as rare CRPR (California Rare Plant Rank): CRPR 1A: Plants presumed extirpated in California and either rare or extinct elsewhere CRPR 1B: Plants rare, threatened, or endangered in California and elsewhere CRPR 2A: Plants presumed extirpated in California, but common elsewhere CRPR 2B: Plants rare, threatened, or endangered in California, but more common elsewhere CRPR 3: Plants about which more information is needed – a review list CRPR 4: Plants of limited distribution – a watch list Threat Rank: 1: seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat) 2: moderately threatened in California (20%–80% of occurrences threatened/moderate degree and immediacy of threat) 3: not very threatened in California (<20% of occurrences threatened/low degree and immediacy of threat or no current threats known) APPENDIX D / SPECIAL-STATUS PLANT SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 D-22 JUNE 2022 INTENTIONALLY LEFT BLANK Appendix E Special-Status Wildlife Species with Low to No Potential to Occur in the Study area ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-1 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Amphibians Anaxyrus californicus arroyo toad FE/SSC/Covered Semi-arid areas near washes, sandy riverbanks, riparian areas, palm oasis, Joshua tree, mixed chaparral and sagebrush; stream channels for breeding (typically third order); adjacent stream terraces and uplands for foraging and wintering Not expected to occur. There is no connection to known locations of this species and the site is surrounded by development. Nearest CNDDB occurrence, collected in 1997, is 8 miles northeast of the project site. (CDFW 2021) Spea hammondii western spadefoot None/SSC/None Primarily grassland and vernal pools, but also in ephemeral wetlands that persist at least 3 weeks in chaparral, coastal scrub, valley–foothill woodlands, pastures, and other agriculture Low potential to occur on-site. Nearest CNDDB occurrence record, collected in 2003, is 1 mile south of the project site in vernal pools located in the hills north and south of Highway 905 (CDFW 2021). Three tributaries occur onsite. The western tributary receives runoff from the adjacent developments creating a perennial source of water. This drainage outlets into the Otay River beneath Main Street which provides potential connectivity. However, no areas for pooling/ponding were observed within the western tributary north of Main Street. This tributary is extremely narrow and has very limited flow. In addition, access to this tributary is challenged due to fencing, gates and highly developed access. The middle tributaries is extremely disturbed. These tributaries are dry for the majority of the season. The middle drainage is covered in plastic trash and consists of hundreds of tires. The plastics run up to the bank in many areas. The eastern drainage is rocky and cobbly, lacking the gravel and sand required by this species. Gravely and sandy soils are critical spadefoot habitat (Calherps 2022). Suitable soils are not present as they are inaccessible to ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-2 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur potential spadefoot. Pooling of water is also unlikely due to the enormous amount of trash. No pools or areas of ponding were present. In addition, fencing, gates and highly developed access challenge spadefoot from accessing the eastern tributary onsite. Western spadefoot can typically be observed from October to May (Calherps 2022). Ponding was present at the outlet of the western tributary on the south side of Main Street. Where not abutting the slope to the road, the ponded water is surrounded by dense vegetation. Spadefoot prefer open areas (Calherps). Further, the spadefoot records within the Otay River are limited to more than 4 miles upstream or outside of the Otay River altogether. Therefore, there is low potential for this species to occur within the riprap modification areas. Finally, surveys were conducted onsite in July, October, and March and no spadefoots were observed in any life stages. Reptiles Anniella stebbinsi southern California legless lizard None/SSC/None Coastal dunes, stabilized dunes, beaches, dry washes, valley– foothill, chaparral, and scrubs; pine, oak, and riparian woodlands; associated with sparse vegetation and moist sandy or loose, loamy soils Low potential to occur on-site. Nearest CNDDB occurrence, collected in 2007, is 2 miles northwest of the project site. Coastal scrub present on-site but soils were clayey and rock, inappropriate for species. Arizona elegans occidentalis California glossy snake None/SSC/None Commonly occurs in desert regions throughout southern California. Prefers open sandy Low potential to occur on-site. The nearest CNDDB occurrence is 1.9 miles west of the project site. Some suitable vegetation present. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-3 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur areas with scattered brush. Also found in rocky areas. Chelonia mydas green sea turtle FT/None/None Shallow waters of lagoons, bays, estuaries, mangroves, eelgrass, and seaweed beds Not expected to occur. No suitable habitat present. Plestiodon skiltonianus interparietalis Coronado skink None/WL/None Woodlands, grasslands, pine forests, and chaparral; rocky areas near water Low potential to occur. Coronado skink habitat includes grassland, woodlands, pine forest, chaparral, especially in open sunny area such as clearings and the edges of creeks and rivers (Calherps 2022). Rocky habitats near streams and areas with lots of vegetation near streams is another habitat type (Calherps 2022). Habitat onsite is not suitable for Coronado skink. The site is disturbed near the tributaries with homeless encampments, garbage and graded dirt roads. The site provides limited access for Coronado skink. Highways and development are directly adjacent to the site on all sides. In addition, no Coronado skink were observed during wildlife surveys even though rocky areas were thoroughly studied, and areas of any leaf litter were also examined. The nearest CNDDB record of occurrence, collected in 2004, is 5 miles southwest of the project site. There are no recent records (CNDDB, iNaturalist 2021). Salvadora hexalepis virgultea coast patch- nosed snake None/SSC/ None Brushy or shrubby vegetation; requires small mammal burrows for refuge and overwintering sites Low potential to occur. The nearest CNDDB record of occurrence, collected in 2004, is 7 miles east of the project site. Suitable vegetation and small mammal burrows present; however, there are no recent records near the site (CNDDB, iNaturalist 2021). Thamnophis hammondii two-striped gartersnake None/SSC/ None Streams, creeks, pools, streams with rocky beds, ponds, lakes, vernal pools Low potential to occur on-site. The nearest CNDDB record of occurrence, collected in 2001, is 4.2 miles northeast of the project site. Marginal ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-4 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur habitat and vegetation present around aquatic features on-site. Two-striped gartersnake is typically associated with streams, creeks and or pools (Calherps 2022). Typically, two striped gartersnakes will eat fish, fish eggs, toads, small frogs and leeches (Calherps 2022). No prey is present onsite for two-striped gartersnake. The western drainage has perennial water, but it is quite narrow and shallow and the isolated ponded water at the outlet on the south side of Main Street is isolated, small and unlikely to support habitat for this species. In addition, surveys were conducted onsite in July, October, and March and two-striped gartersnake was not observed. Weather conditions and survey timing would have been ideal to observe this species. Birds Agelaius tricolor (nesting colony) tricolored blackbird BCC/SSC, ST/ Covered Nests near freshwater, emergent wetland with cattails or tules, but also in Himalayan blackberrry; forages in grasslands, woodland, and agriculture Not expected to occur. The nearest CNDDB record of occurrence, collected in 1936, is 1.3 miles northwest of the project site. No suitable vegetation present for nesting or forage. Athene cunicularia (burrow sites and some wintering sites) burrowing owl BCC/SSC/Covered Nests and forages in grassland, open scrub, and agriculture, particularly with ground squirrel burrows Low potential to occur. The nearest CNDDB record of occurrence, collected in 2005, is 2.2 miles southeast of the project site. The vegetation on site is dense and the topography is steep in most areas. Buteo swainsoni (nesting) Swainson’s hawk None/ST/Covered Nests in open woodland and savanna, riparian, and in isolated large trees; forages in nearby grasslands and agricultural areas such as wheat and alfalfa fields and pasture Not expected to occur. The nearest CNDDB record of occurrence, collected in 1889, is 6 miles north of the project site. No suitable vegetation is present on-site for nesting or foraging. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-5 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Circus hudsonius (nesting) northern harrier BCC/SSC/Covered Nests in open wetlands (marshy meadows, wet lightly-grazed pastures, old fields, freshwater and brackish marshes); also in drier habitats (grassland and grain fields); forages in grassland, scrubs, rangelands, emergent wetlands, and other open habitats Not expected to nest on-site. Known as the marsh hawk, northern harrier requires dense marsh vegetation for nesting (Unit et al. 2004). Northern harrier nesting is within dense marsh vegetation that allows eggs to be hidden on the ground. The site lacks any kind of nesting habitat. Therefore, nesting onsite is not expected to occur. The nearest CNDDB record of occurrence, collected in 2014, is 3.5 miles southeast of the project site. Moderate potential to forage on site. This species was observed flying over the site during the 2007 surveys (Merkel 2007). Suitable scrub vegetation is present on-site which may provide some foraging habitat, though there is no nesting habitat on site due to the dense scrub and steep topography. Coccyzus americanus occidentalis (nesting) western yellow-billed cuckoo FT/SE/None Nests in dense, wide riparian woodlands and forest with well- developed understories Not expected to occur. The nearest CNDDB record of occurrence, collected in 1915, is 3.6 miles north of the project site. Riparian vegetation on- site and off-site is of marginal quality and mostly consists of tamarisk and is found in small dense patches with little room for an open understory. There are no recent records in the Otay River for this species. Coturnicops noveboracensis yellow rail BCC/SSC/None Nesting requires wet marsh/sedge meadows or coastal marshes with wet soil and shallow, standing water Not expected to occur. There are no CNDDB occurrences for this species within 10 miles of the project site. No suitable vegetation present. Empidonax traillii extimus (nesting) southwestern willow flycatcher FE/SE/Covered Nests in dense riparian habitats along streams, reservoirs, or wetlands; uses variety of riparian and shrubland habitats during migration Not expected to occur. The nearest CNDDB record of occurrence, collected in 1999, is 8.2 miles north of the project site. Riparian vegetation on- site and off-site is of marginal quality and mostly consists of tamarisk and is found in small dense patches with little room for an open understory. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-6 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur There are no recent records in the Otay River for this species. Eremophila alpestris actia California horned lark None/WL/None This subspecies of horned lark occurs on the state’s southern and central coastal slope and in the San Joaquin Valley. Nests and forages in grasslands, disturbed lands, agriculture, and beaches. Not expected to occur. The nearest CNDDB record of occurrence, collected in 2016, is 2.2 miles southeast of the project site. California horned lark is a year-round species that would have been observed during wildlife surveys from July 1, 2021 – October 25, 2021. None were observed. Falco peregrinus anatum (nesting) American peregrine falcon FD/FP, SCD/ Covered Nests on cliffs, buildings, and bridges; forages in wetlands, riparian, meadows, croplands, especially where waterfowl are present Not expected to nest on site. The nearest CNDDB record of occurrence, collected in 1990, is 7 miles northwest of the project site. There is no nesting habitat on site. There is low potential for this species to forage on site based on limited habitat. Occurrence on-site would be limited to transient foragers. Laterallus jamaicensis coturniculus California black rail None/FP, ST/None Tidal marshes, shallow freshwater margins, wet meadows, and flooded grassy vegetation; suitable habitats are often supplied by canal leakage in Sierra Nevada foothill populations Not expected to occur. The nearest CNDDB record of occurrence, collected in 1966, is 6.2 miles west of the project site. No suitable vegetation present. Pandion haliaetus (nesting) osprey None/WL/None Large waters (lakes, reservoirs, rivers) supporting fish; usually near forest habitats, but widely observed along the coast Low potential to nest or forage. The nearest CNDDB record of occurrence, collected in 2019, is 5.2 miles west of the project site. Suitable foraging and nesting habitat is not present on-site. Passerculus sandwichensis beldingi Belding’s savannah sparrow BCC/SE/Covered Nests and forages in coastal saltmarsh dominated by pickleweed (Salicornia spp.) Not expected to occur. The nearest CNDDB record of occurrence, collected in 2001, is 4.5 miles west of the project site. No suitable vegetation present. Pelecanus occidentalis californicus (nesting California brown pelican FPD/FP, SCD/ Covered Forages in warm coastal marine and estuarine environments; in Not expected to occur. No CNDDB records within 10 miles of the project site. No suitable vegetation present. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-7 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur colonies and communal roosts) California, nests on dry, rocky offshore islands Rallus obsoletus levipes Ridgway’s rail FE/FP, SE/Covered Coastal wetlands, brackish areas, coastal saline emergent wetlands Not expected to occur. The nearest CNDDB record of occurrence, collected in 1985, is 4.3 miles west of the project site. No suitable vegetation present on site or off site. Sternula antillarum browni (nesting colony) California least tern FE/FP, SE/Covered Forages in shallow estuaries and lagoons; nests on sandy beaches or exposed tidal flats Not expected to occur. The nearest CNDDB record of occurrence, collected in 1977, is 5.2 miles west of the project site. No suitable vegetation present. Fishes Oncorhynchus mykiss irideus pop. 10 southern steelhead - southern California DPS FE/None/None Clean, clear, cool, well- oxygenated streams; needs relatively deep pools in migration and gravelly substrate to spawn Not expected to occur. The nearest CNDDB record of occurrence, collected in 1927, is 4.3 miles southwest of the project site. No suitable habitat present. Mammals Antrozous pallidus pallid bat None/SSC/None Grasslands, shrublands, woodlands, forests; most common in open, dry habitats with rocky outcrops for roosting, but also roosts in man-made structures and trees Low potential occur on-site. The nearest CNDDB record of occurrence, collected in 1946, is 4.3 miles southwest of the project site. Limited roosting opportunity on-site. Choeronycteris mexicana Mexican long- tongued bat None/SSC/None Desert and montane riparian, desert succulent scrub, desert scrub, and pinyon–juniper woodland; roosts in caves, mines, and buildings Not expected to occur. The nearest CNDDB record of occurrence, collected in 1986, is 5 miles west of the project site. No suitable vegetation present. Corynorhinus townsendii Townsend’s big-eared bat None/SSC/None Mesic habitats characterized by coniferous and deciduous forests and riparian habitat, but also xeric areas; roosts in limestone caves and lava tubes, Low potential occur on-site. The nearest CNDDB record of occurrence, collected in 2005, is 7.3 miles east of the project site. Some marginally suitable vegetation present. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-8 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur man-made structures, and tunnels Dasypterus xanthinus western yellow bat None/SSC/None Valley–foothill riparian, desert riparian, desert wash, and palm oasis habitats; below 2,000 feet above mean sea level; roosts in riparian and palms Not expected to occur. No CNDDB records within 10 miles of the project site. Only marginally suitable vegetation present. Nyctinomops femorosaccus pocketed free- tailed bat None/SSC/None Pinyon–juniper woodlands, desert scrub, desert succulent shrub, desert riparian, desert wash, alkali desert scrub, Joshua tree, and palm oases; roosts in high cliffs or rock outcrops with drop-offs, caverns, and buildings Low potential occur on-site. The nearest CNDDB record of occurrence, collected in 1987, is 4.1 miles northwest of the project site. No suitable vegetation present. Nyctinomops macrotis big free-tailed bat None/SSC/None Rocky areas; roosts in caves, holes in trees, buildings, and crevices on cliffs and rocky outcrops; forages over water Low potential occur on-site. The nearest CNDDB record of occurrence, collected in 2003, is 9.4 miles northeast of the project site. No suitable vegetation present. Perognathus longimembris pacificus Pacific pocket mouse FE/SSC/None fine-grained sandy substrates in open coastal strand, coastal dunes, and river alluvium Not expected to occur. The only location where this subspecies occurs in San Diego County is at Camp Pendleton and Santa Margarita (Tremor et al. 2017). Taxidea taxus American badger None/SSC/Covered Dry, open, treeless areas; grasslands, coastal scrub, agriculture, and pastures, especially with friable soils Low potential to occur. The nearest CNDDB record of occurrence, collected in 2002, is 5.5 miles southwest of the project site. The site is densely vegetated with steep topography and surrounded by development. Further, there are no records of this species nearby (Tremor et al.). Invertebrates Bombus crotchii Crotch bumble bee None/None/None Open grassland and scrub communities supporting suitable floral resources. Low potential occur on-site. Focused surveys conducted in 2023 were negative for this species. There is one Crotch bumble bee record approximately 1.6 miles south of the project site reported in 2017, as well as two others from 2017 ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-9 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur and 2021 approximately 5 miles from the site, all reported in iNaturalist (Richardson 2023). The closest CNDDB records for this species are located 6.6 miles and 7 miles from the site (CDFW 2023b). Crotch’s bumble bee can be a floral generalist but are most attracted to Ceanothus species and Arctostaphylos species (Frankie et al. 2014), and species in the Fabaceae family. These species are limited or not present onsite. Branchinecta sandiegonensis San Diego fairy shrimp FE/None/Covered Vernal pools, non-vegetated ephemeral pools Not expected to occur. The nearest CNDDB record of occurrence, collected in 2010, is 0.4 miles south of the project site. There are no vernal pools on site. Danaus plexippus pop. 1 monarch FC/None/None Wind-protected tree groves with nectar sources and nearby water sources Low potential to occur. The nearest CNDDB record of occurrence, collected in 2014, is 5.9 miles northwest of the project site. Limited suitable vegetation present. No nearby orchards or other agricultural facilities, though some water sources found on-site and nearby. No milkweed (Asclepias spp.) was observed during the 2007 rare plant survey and has not been detected in 2021. Euphydryas editha quino quino checkerspot butterfly FE/None/Covered Annual forblands, grassland, open coastal scrub and chaparral; often soils with cryptogamic crusts and fine- textured clay; host plants include Plantago erecta, Antirrhinum coulterianum, and Plantago patagonica (Silverado Occurrence Complex) Low potential to occur. This species was not observed during focused surveys in 2007 (Merkel 2007). The nearest CNDDB record of occurrence, collected in 1998, is 2.8 miles east of the project site. Suitable coastal scrub vegetation present although the vegetation is dense; host plants were detected during the 2007 surveys (Merkel 2007). The project site is located in a Development Area that does not require protocol surveys (City of Chula Vista 2003). There is no suitable habitat in the offsite riprap modification areas. ATTACHMENT D / SPECIAL-STATUS WILDLIFE SPECIES WITH LOW TO NO POTENTIAL TO OCCUR IN THE STUDY AREA 13518 E-10 JUNE 2023 Scientific Name Common Name Status (Federal/ State/MSCP ) Primary Habitat Associations/ Life Form/ Blooming Period/ Elevation Range (feet) Potential to Occur Lycaena hermes Hermes copper FT/None/None Mixed woodlands, chaparral, and coastal scrub Not expected to occur. The nearest CNDDB record of occurrence, collected in 2004, is 7.3 miles northeast of the project site. The site does not contain suitable host and nectar plants (Rhamnus crocea within 15 feet of Eriogonum fasciculatum). Streptocephalus woottoni Riverside fairy shrimp FE/None/ Covered Vernal pools, non-vegetated ephemeral pools Not expected to occur. The nearest CNDDB record of occurrence, collected in 2010, is 0.8 miles south of the project site. There are no vernal pools on-site or off-site. Source: CDFW 2021; City of Chula Vista 2003; Merkel 2007; iNaturalist 2021; Tremor et al. 2017 Notes: CNDBB = California Natural Diversity Database; MSCP = Multiple Species Conservation Program; FE: Federally listed as endangered; FT: Federally listed as threatened; FC: Federal candidate for listing; FD: Federally delisted due to recovery; BCC: U.S. Fish and Wildlife Service Bird of Conservation Concern; SSC: California Species of Special Concern; FP: California fully protected species; WL: California Watch List species; SE: State listed as endangered; ST: State listed threatened; SCD: State candidate for delisting; Covered: covered species under the MSCP Appendix F Habitat Loss and Incidental Take Ordinance Findings APPENDIX F / HABITAT LOSS AND INCIDENTAL TAKE ORDINANCE FINDINGS 13518 F-1 DECEMBER 2022 The purpose of the Habitat Loss and Incidental Take (HLIT) regulations is to protect and conserve native habitat within the City of Chula Vista and the viability of the species supported by those habitats. HLIT regulations are intended to implement the City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan (City of Chula Vista 2003) and ensure that development occurs in a manner that protects the overall quality of the habitat resources, encourages a sensitive form of development, and retains biodiversity and interconnected habitats. HLIT regulations also intend to protect public health, safety, and welfare (Chula Vista Municipal Code [CVMC] 17.35 et seq.). Projects within the City of Chula Vista’s jurisdiction are required to comply with the City of Chula Vista’s MSCP Subarea Plan. This includes obtaining a HLIT permit pursuant to the HLIT Ordinance. The Nirvana Project is subject to this ordinance because, as stated in Section 5.2.2 Habitat Loss and Incidental Take Ordinance (City of Chula Vista 2003), the Subarea Plan requires issuance of an HLIT permit for “all development within the City’s jurisdiction which is not located within the Development Areas of Covered Projects prior to issuance of any land development permit”. The HLIT regulations apply to the earliest decision on any entitlement related to a Project Area located within the following mapped areas identified in the Chula Vista MSCP Subarea Plan (unless exempt as noted): (1) 100% Conservation Areas, (2) 75-100% Conservation Areas, and (3) Development Areas outside of Covered Projects. The following are exempt from the requirements of the HLIT Ordinance: 1. Development of a Project Area that is one acre or less in size and located entirely in a mapped Development Area outside of Covered Projects. 2. Development of a Project Area which is located entirely within the mapped Development Area outside Covered Projects, and where it has been demonstrated to the satisfaction of the Director of Planning and Building, or his/her designee, that no Sensitive Biological Resources exist on the Project Area. 3. Development that is limited to interior modifications or repairs and any exterior repairs, alterations or maintenance that does not increase the footprint of an existing building or accessory structure, which will not encroach into identified Sensitive Biological Resources during or after construction. 4. Any project within the Development Area of a Covered Project. 5. Any project that has an effective incidental take permit from the Wildlife Agencies. 6. Continuance of Agricultural Operations. Proposed Project The proposed project is in a Development Area within the City’s jurisdiction (outside the Preserve) and is not categorized as a “covered project”. The off-site riprap modification is located within a 100% Conservation Area. Exemption status for the proposed project does not apply. The Proposed Project is not located within lands designated as the Minor or Major Amendment Areas. As such, a Subarea Plan Amendment is not required. The HLIT Ordinance requires biological evaluation of all resources on site for project’s within Development Areas outside of covered projects and 100% Conservation Areas that contain sensitive biological resources. Pursuant to the City’s HLIT Ordinance, Section 17.35.080 – Required Findings for Issuance of an HLIT Permit, written findings need to be prepared and submitted to the City for review and approval prior to issuance of any APPENDIX F / HABITAT LOSS AND INCIDENTAL TAKE ORDINANCE FINDINGS 13518 F-2 DECEMBER 2022 land development permits, including clearing and grubbing or grading permits. Table F-1, Table F-2, and Table F-3 summarize the project’s conformity to the Required Findings, General MSCP Development Regulations, and Specific MSCP Land Use and Development Regulations for the HLIT Ordinance. Table F-.1 Required Findings for Issuance of an HLIT Permit (Chula Vista Municipal Code 17.35.080) Required Findings for Issuance of an HLIT Permit (Section 17.35.080): Analysis Consistency The proposed development in the Project Area and associated mitigation are consistent with the Chula Vista MSCP Subarea Plan as adopted on May 13, 2003, and as may be amended from time to time, the MSCP Implementation Guidelines, and the development standards set forth in Section 17.35.100 of the Municipal Code. Section 5.2.2 HLIT Ordinance of the Subarea Plan (City of Chula Vista 2003) requires issuance of an HLIT permit for “all development within the City’s jurisdiction which is not located within the Development Areas of Covered Projects prior to issuance of any land development permit.” As such, the entire Project site would require issuance of an HLIT permit. The Project would impact sensitive biological resources within the on-site maritime succulent scrub, unvegetated stream, and tamarisk scrub vegetation shown on Figure 6. Mitigation for these impacts has been established in accordance with the ratios in the Subarea Plan. Mitigation Measures have been incorporated into the project to compensate for direct and indirect impacts to sensitive vegetation communities (i.e., maritime succulent scrub). Mitigation for impacts to these habitat types are described in Mitigation Measures MM-1 and MM-2. In addition, the project will be required to apply for and obtain all necessary regulatory agency permits as described in Mitigation Measure MM-6. Other Mitigation Measures that apply include clearing and grubbing or grading measures and migratory and nesting bird measures. Mitigation for these impacts will be in accordance with the City of Chula Vista MSCP Subarea Plan (HLIT). Prior to issuance of any land development permits, the applicant shall mitigate for direct impacts pursuant to Section 5.2.2 of the City’s MSCP Subarea Plan (City of Chula Vista 2003). In compliance with the City’s Subarea Plan, the applicant shall secure mitigation credits within a City/Wildlife Agency-approved Conservation Bank or other approved location offering such credits consistent with Consistent APPENDIX F / HABITAT LOSS AND INCIDENTAL TAKE ORDINANCE FINDINGS 13518 F-3 DECEMBER 2022 Table F-.1 Required Findings for Issuance of an HLIT Permit (Chula Vista Municipal Code 17.35.080) Required Findings for Issuance of an HLIT Permit (Section 17.35.080): Analysis Consistency the ratios specified in Table 13 which are in accordance with the ratios set forth in the Subarea Plan. The nature and extent of mitigation required as a condition of the permit is reasonably related to and calculated to alleviate negative impacts created in the Project Area. Appropriate mitigation measures, consistent with the MSCP, have been proposed and will be implemented for this project and are provided within the Biological Resources Technical Report. Consistent Narrow Endemic Findings One Narrow Endemic species has been documented within the on-site impact area: San Diego ambrosia. Section 5.4.2 of the Biological Resources Technical Report provides the Equivalency Analysis for Narrow Endemic Species. Consistent Wetland Findings Wetlands impacts are anticipated as a result of the proposed project. See descriptions below. Prior to the issuance of a Land Development Permit or Clearing and Grubbing Permit, the project proponent will be required to obtain any applicable state and federal permits, with copies provided to the Director of Planning and Building or his/her designee. The project site will incorporate the removal of vegetation identified as Wetland and Tier 1 and IV on Table 5-3 of the Chula Vista MSCP Subarea Plan (City of Chula Vista 2003). The wetland and Tier 1 areas require a permit issued pursuant to Section 17.35 of the Municipal Code (the HLIT Ordinance). The HLIT Ordinance includes a provision for issuance of a Clearing and Grubbing Permit that allows removal of vegetation, including removal of root systems, which is not in association with other Land Development Work. Wetland delineations have been conducted for the project and jurisdictional waters have been identified within the impact area. Further consultation with CDFG, USACE, and RWQCB will be conducted to verify the extent of jurisdiction for each agency. Upon this determination, the necessary permits will need to be obtained from the agencies and copies provided to the City prior to grading in order to address this finding in accordance with Mitigation Measure MM-6. Consistent Impacts to wetlands have been avoided and/or minimized to the maximum extent practicable, consistent with the City of Chula Vista MSCP Subarea Plan Section 5.2.4. Based on the topography and underlying soils, the entire site (on-site) must be graded in order to meet safety and building requirements. The eastern-most channel was avoided based on design changes Consistent APPENDIX F / HABITAT LOSS AND INCIDENTAL TAKE ORDINANCE FINDINGS 13518 F-14 DECEMBER 2022 INTENTIONALLY LEFT BLANK Appendix G Merkel & Associates Biological Impact Analysis Report for the Chula Vista Street Western Parcel Project Coastal California Gnatcatcher Protocol Surveys 45-day Letter Report LITERATURE CITED American Ornithologists’Union.1998.Check-list of North American Birds,7th ed.American Ornithologists’Union,Washington D.C. .2006.Forty-seventh Supplement to the American Ornithologists’Union Check-list of North American Birds [Internet].Auk 123(3):926-936.Available from: http://www.aou .org /cliecklist /index.php3. Grishaver,M.A.,P.J.Mock,and K.L.Preston .1998.Breeding Behavior Of The California Gnatcatcher In Southwestern San Diego County,California.Pages 299-322 in:Biology Of The California Gnatcatcher.Western Birds 29 (4):237-500. Holland RF .1986.Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program;State of California;Department of Fish and Game. Sacramento,California.157pp. Rebman JP,Simpson MG.2006.Checklist of Vascular Plants of San Diego County,4th Edition [Internet],ISBN 0-918969-05-0.Available from : http://www.sdnhiri.org/research /botanv/sdplants/ U.S.Fish and Wildlife Service (USFWS).1997.Coastal California Gnatcatcher (Polioptila californica californica)Presence/Absence Survey Protocol.5 pp. Page 9 of 9ChulaVistaMainStreetProject Appendix H California Gnatcatcher Protocol Survey Reports 13518 1 August 2021 August 19, 2021 13518 U.S. Fish and Wildlife Service Attention: Recovery Permit Coordinator 2177 Salk Avenue, No. 250 Carlsbad, California 92008 Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project, Chula Vista, County of San Diego, California Dear Recovery Permit Coordinator: This letter report documents the results of three protocol-level focused surveys for the coastal California gnatcatcher (Polioptila californica californica) that were conducted for the proposed Nirvana Project (project), which is located on an approximately 13.49-acre site, by Dudek biologists Erin Bergman between July 1, 2021, and August 13, 2021. The surveys were conducted in areas of suitable coastal California gnatcatcher habitat. This report is intended to satisfy reporting requirements for coastal California gnatcatcher -permitted biologists Erin Bergman (TE-53771B-2). The coastal California gnatcatcher is a federally listed threatened species and a California Department of Fish and Wildlife species of special concern. It is closely associated with coastal sage scrub habitat and, therefore, threatened primarily by habitat loss, degradation, and fragmentation. Coastal California gnatcatcher typically occurs below 820 feet above mean sea level within 22 miles of the coast. Studies have suggested that coastal California gnatcatcher avoid nesting on very steep slopes (greater than 40%) (Bontrager 1991). Coastal California gnatcatcher is also impacted by brown-headed cowbird (Molothrus ater) nest parasitism (Braden et al. 1997). Project Location and Existing Conditions The study area is located within Chula Vista, California (Figure 1, Project Location). The site is 13.49 acres located at 821 Main Street on the north side of Main Street and east of Nirvana Avenue in the City of Chula Vista (City). It comprises Tax Assessor parcel numbers – APNs 644-050-060-1300 & 644-050-60-1400. Elevation on site ranges between approximately 139 feet and 212 feet above mean sea level. The landscape is flat apart from the southern section of the property that is particularly steep. The site is located within Section 20 of Township 18 south and Range 1 west in the 7.5-minute USGS Imperial Beach quadrangle. Vegetation Communities One plant community was identified within the project site as highly suitable coastal California gnatcatcher habitat: maritime succulent scrub. Four other vegetation communities were not considered highly suitable habitat. These included disturbed habitat, urban/developed, tamarisk scrub and unvegetated stream. Due to proximity and intermixed nature of other vegetation communities, all vegetation was included within the study area. Approximately, 13.49 acres of coastal California gnatcatcher-suitable habitat was mapped on site in accordance with Holland (1986) and Oberbauer et al. (2008). The 13.49-acre project site primarily consists of maritime succulent Recovery Permit Coordinator Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project, Chula Vista, County of San Diego, California 13518 2 August 2021 scrub. The vegetation communities and land cover types recorded on the project site are described in detail below, their acreages are presented in Table 1 and vegetation figures are presented in Figure 2. Table 1. Vegetation Communities and Land Cover within the Study Area Vegetation Community/ Land Cover Acres Disturbed Habitat 0.26 Urban/Developed 0.02 Maritime succulent scrub 12.73 Tamarisk scrub 0.27 Unvegetated Stream 0.21 Total 13.49 Maritime Succulent Scrub Maritime succulent scrub is a low-lying community with openings that range from 25% to 75% cover and is dominated by drought deciduous, woody, malacophyllous shrubs with a rich admixture of stem and leaf succulents. Cacti is more dominant in inland populations and southern populations. Large portions of the ground are bare between the shrubs. Most of the growth and flowering occurs in the springtime within this community. Maritime succulent scrub extends as far inland as Bonita, Ca. Maritime succulent scrub is typically dominated by some or all of the following species: California copperleaf (Acalypha californica), Shaw’s agave (Agave shawii), California sagebrush (Artemisia californica), golden spined cereus (Bergerocactus emoryi), California encelia (Encelia californica), cliff spurge (Euphorbia misera), coast barrel cactus (Ferocactus viridescens), California box thorn (Lycium californicum), coast prickly pear (Opuntia littoralis), chaparral prickly pear (Opuntia oricola), coast cholla (Cylindropuntia prolifera), lemonade berry (Rhus integrifolia), San Diego sunflower (Viguera or Bahiopsis laciniata) (Oberbauer 2001). Onsite, there are 12.73 acres of Maritime succulent scrub present. Numerous succulent species are present and, in some areas, abundant. Succulents are dominant or scattered around the plant community and include coastal barrel cactus (Ferocactus viridescens), coast cholla (Cylindropuntia prolifera), strawberry cactus (Mammilaria dioica) and coastal prickly pear (Opuntia littoralis). Larger dominant shrubs growing with the succulents include jojoba (Simmondsia chinensis), lemonadeberry (Rhus integrifolia), California buckwheat (Eriogonum fasciculatum), San Diego sunflower (Bahiopsis laciniata), laurel sumac (Malosma laurina) and California adolphia (Adolphia californica). Less commonly occurring species within the maritime succulent scrub include Mojave yucca (Yucca schidigera), cane bluestem (Bothriochloa barbinoidis) and clustered tarplant (Deinandra fasciculata). The majority of the maritime succulent scrub on site is high quality with only few non-native grass species. Non-native grasses scattered throughout the site are few and include mostly a variety of European bromes like red brome (Bromus rubens), rip gut brome (Bromus diandrus) and false brome (Brachypodium distachyon). Large open patches of the maritime succulent scrub are dominated by cryptogamic crusts and spikemoss species. Ashy spikemoss (Selaginella cinerascens) is a dominate plant on site within most openings. Soils within this vegetation community consist of clay loams. Maritime succulent scrub is the overall dominant plant community onsite. Recovery Permit Coordinator Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project, Chula Vista, County of San Diego, California 13518 3 August 2021 Tamarisk scrub Tamarisk scrub (Tamarix ramosissima) is a non-native community consisting almost entirely as a monoculture. Tamarisk scrub supplants native vegetation following a major disturbance. Tamarisk scrub is found in sandy, gravelly braided channels, or washes or intermittent streams. Tamarisk is a prolific seeding species and an aggressive competitor to other species in riparian corridors. Tamarix scrub is widely scattered and increasing its range, throughout the drier parts of California. Tamarix scrub is also moving into the deserts of Nevada, Arizona and beyond (Oberbauer 2008). Onsite, 0.27 acres of Tamarisk scrub is present. Tamarisk is the dominant within the plant community on site making up 95% of the vegetative cover. This tamarisk community can be easily identified with aerial photography due to the density. Onsite, two narrow riparian corridors are present within the project boundary that contain tamarisk. One corridor sits on the very western side of the site and the other near the central portion of the site. Tamarisk creates dense monocultures that allow minimal light penetration to the ground onsite. A few remnant willows were still present onsite. Thick stands of tamarisk allow for few annuals and few small perennials to persist below the canopy. The soils below the tamarisk consist of sand or sandy loams. These small annuals and perennials tolerate shade well. Below the tamarisk community on site patches of wild celery (Apium graveolens), water cress (Nasturtium officinale), cocklebur (Xanthium strumarium), smilograss (Stipa miliacea), red brome and rip gut brome are present. Unvegetated Stream Channel Unvegetated stream channel is an aquatic community characterized by sandy, gravelly, or rocky fringes found around waterways or flood channels. Vegetation may be present but is usually is less than 10% total cover and grows on the outer edge of the channels (Oberbauer 2008). On-site, 0.21 acres of unvegetated stream occurs within the two drainages that generally flow north to south across the site. These drainages are both found at the bottom of steep slopes, one on the western edge of the project, the other in the center. The central channel’s eastern slope and edge consist of patches of dense singlewhorl burrobush (Ambrosia monogyra). Disturbed Habitat Disturbed habitats are areas that have been physically disturbed and are no longer recognizable as a native or naturalized vegetation association. These areas may continue to retain soil substrate. If vegetation is present, it is almost entirely composed of non-native vegetation, such as ornamentals or ruderal exotic species. Examples of these areas may include graded landscapes or areas, graded firebreaks, graded construction pads, temporary construction staging areas, off-road-vehicle trails, areas repeatedly cleared for fuel management, or areas that are repeatedly used in ways that prevent revegetation (e.g., parking lots, trails that have persisted for years). (Oberbauer et al. 2008). On-site, 0.26 acres of disturbed habitat is found near the central portion of the site. This area consists of an old dirt road and other disturbances. The majority of this disturbed habitat has either compacted soils, soils that may have been historically disced and or graded to maintain a dirt road. In this disturbed area, non -native European bromes dominate. However, the edges of this disturbed habitat consist of San Diego ambrosia (Ambrosia pumila). San Diego ambrosia continues into the maritime succulent scrub habitat. Recovery Permit Coordinator Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project, Chula Vista, County of San Diego, California 13518 4 August 2021 Urban/Developed Urban/developed land refers to areas that have been constructed on or disturbed so severely that native vegetation is no longer supported. Developed land includes areas with permanent or semi-permanent structures, pavement or hardscape, landscaped areas, and areas with a large amount of debris or other materials (Oberbauer et al. 2008). On-site, 0.02 acre of urban/developed land is found in a small section of the project’s northwest corner in an existing developed lot. It is the smallest community on-site. Methods Three focused surveys for coastal California gnatcatcher were performed within suitable habitat between July 1, 2021, and April 13, 2021, by coastal California gnatcatcher-permitted biologists Erin Bergman according to the schedule in Table 2. The surveys were conducted following the currently accepted protocol of the U.S. Fish and Wildlife Service, Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Protocol (USFWS 1997), using the breeding season survey methods. Table 2. Schedule of 2021 Coastal California Gnatcatcher Surveys Date Time Biologist Survey Effort (acres/hour) Survey Conditions 07/01/2021 7:20 AM–11:47 AM Erin Bergman 3 61–84°F; 0% cloud cover; 1–4 mph wind 07/23/2021 5:59 a.m.–11:46 a.m. Erin Bergman 3 62–78°F; 30–90% cloud cover; 0–3 mph wind 8/13/2021 6:02 AM–11:45 AM Erin Bergman 3 66–84°F; 0–10% cloud cover; 0–3 mph wind Survey routes for site visits completely covered the areas of suitable coastal California gnatcatcher habitat on site, as shown on Figure 3. Appropriate birding binoculars (8 x 42) were used to aid in detecting and identifying bird species. A recording of coastal California gnatcatcher vocalizations was used to elicit a response from the species. The recording was played approximately every 20 to 100 feet. A 100-scale (1 inch = 100 feet) aerial photograph of the study area overlaid with the vegetation and site boundaries was used to map any coastal California gnatcatcher detected. Weather conditions, time of day, and season were within protocol limits and appropriate for the detection of gnatcatchers, as shown in Table 2. Results During the survey efforts, no coastal California gnatcatchers were detected. In total, 29 wildlife species were recorded during the survey efforts and are included in Appendix A. A total of 63 species of native or naturalized plants, 32 native (51%) and 31 non-native (49%), was recorded on the site and are included in Appendix B. Recovery Permit Coordinator Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project, Chula Vista, County of San Diego, California 13518 5 August 2021 I certify that the information in this survey report and attached exhibits fully and accurately represents my work. Please feel free to contact Erin Bergman at ebergman@dudek.com. if you have any questions regarding the contents of this report. Sincerely, __________________ Erin Bergman Atts: Figure 1: Project Location Figure 2: Vegetation Communities and Land Cover Types Figure 3: Survey Route Appendix A: Wildlife Species Observed During the 2021 Ramona Sprayfields Project Coastal California Gnatcatcher Surveys Appendix B: Plant Species Observed During the 2021 Ramona Sprayfields Project Coastal California Gnatcatcher Surveys cc: camoaku@dudek.com Callie Amoaku References Bontrager, D.R. 1991. Habitat Requirements, Home Range Requirements, and Breeding Biology of the California Gnatcatcher (Polioptila californica) in South Orange County, California. Prepared for Santa Margarita Company, Ranch Santa Margarita, California. April 1991. Braden, G.T., R.L. McKernan, and S.M. Powell. 1997. “Effects of Nest Parasitism by the Brown-Headed Cowbird on Nesting Success of the California Gnatcatcher.” Condor 99: 858–865. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of Ca lifornia. Nongame- Heritage Program, California Department of Fish and Game. October 1986. Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego County. March 2008. Accessed April 2018. http://www.sdcanyonlands.org/pdfs/veg_comm_sdcounty_2008_doc.pdf. USFWS (U.S. Fish and Wildlife Service). 1997. “Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Protocol.” Carlsbad, California: USFWS. Revised July 28, 1997. Accessed April 2018. http://www.fws.gov/pacific/ecoservices/endangered/recovery/documents/ CCalGnatcatcher.1997.protocol.pdf. Date: 8/17/2021 - Last saved by: hmcomber - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\CAGN\Report\Figure1-ProjectLocation.mxd805 Project Location OnPoint Nirvana Project SOURCE: USGS 7.5-Minute Series Imperial Beach Quadrangle Township 18S; Range 1W; Section 20 02,0001,000 Feet Project Boundary FIGURE 1 Chula Vista Solana Beach Encinitas San Diego Carlsbad Oceanside La Mesa Santee Poway San Marcos Escondido Vista Imperial Beach Del Mar Coronado Riverside County Mexico 905 209 75 52 94 125 241133 54274 195 73 98 56 86 67 111 74 74 76 79 78 805 215 155 8 Project Site OTA Y C A N Y O N Date: 8/17/2021 - Last saved by: hmcomber - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\CAGN\Report\Figure2-Vegetation.mxdTS UVS MSS MSS UVS MSSDH DH MSS DEV UVS UVSTSTS TS TS TS TS TS TS TSNIRVANA AVEMAIN ST Vegetation Communties and Land Cover Types OnPoint Nirvana Project SOURCE: SANGIS 2020, 2021 0 200100Feet Project Boundary Vegetation Communities and Land Cover Types MSS - Maritime Succulent Scrub TS - Tamarisk Scrub UVS - Unvegetatated Stream DH - Disturbed Habitat DEV - Urban/Developed FIGURE 2 Date: 8/17/2021 - Last saved by: hmcomber - Path: Z:\Projects\j1351801\MAPDOC\DOCUMENT\CAGN\Report\Figure3-CAGNSurveyRoute.mxdNIRVANA AVEMAIN ST Coastal California Gnatcatcher Survey Route OnPoint Nirvana Project SOURCE: SANGIS 2020, 2021 0 200100Feet Project Boundary Survey Route FIGURE 3 Appendix A Wildlife Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys Appendix A Wildlife Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 A-1 August 2021 Birds Blackbirds, Orioles and Allies ICTERIDAE—BLACKBIRDS Icterus cucullatus—hooded oriole Bushtits AEGITHALIDAE—LONG-TAILED TITS AND BUSHTITS Psaltriparus minimus—bushtit Falcons FALCONIDAE—CARACARAS AND FALCONS Falco sparverius—American kestrel Finches FRINGILLIDAE—FRINGILLINE AND CARDUELINE FINCHES AND ALLIES Haemorhous mexicanus—house finch Spinus psaltria—lesser goldfinch Flycatchers TYRANNIDAE—TYRANT FLYCATCHERS Empidonax difficilis—Pacific-slope flycatcher Sayornis nigricans—black phoebe Sayornis saya—Say’s phoebe Tyrannus vociferans—Cassin’s kingbird Hawks ACCIPITRIDAE—HAWKS, KITES, EAGLES, AND ALLIES Accipiter cooperii—Cooper’s hawk Buteo jamaicensis—red-tailed hawk Hummingbirds TROCHILIDAE—HUMMINGBIRDS Calypte anna—Anna’s hummingbird Appendix A Wildlife Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 A-2 August 2021 Mockingbirds and Thrashers MIMIDAE—MOCKINGBIRDS AND THRASHERS Mimus polyglottos—northern mockingbird Pigeons and Doves COLUMBIDAE—PIGEONS AND DOVES Zenaida macroura—mourning dove Vireos VIREONIDAE—VIREOS Vireo bellii pusillus—least Bell’s vireo Wood Warblers and Allies PARULIDAE—WOOD-WARBLERS Geothlypis trichas—common yellowthroat Wrens TROGLODYTIDAE—WRENS Thryomanes bewickii—Bewick’s wren New World Sparrows PASSERELLIDAE—NEW WORLD SPARROWS Melospiza melodia—song sparrow Melozone crissalis—California towhee Pipilo maculatus—spotted towhee Typical Warblers, Parrotbills, Wrentit SYLVIIDAE—SYLVIID WARBLERS Chamaea fasciata—wrentit Invertebrates Butterflies LYCAENIDAE—BLUES, HAIRSTREAKS, AND COPPERS Brephidium exile—western pygmy-blue Appendix A Wildlife Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 A-3 August 2021 Hemiargus ceraunus gyas—Edward’s blue Leptotes marina—marine blue RIODINIDAE—METALMARKS Apodemia mormo virgulti—Behr’s metalmark PIERIDAE—WHITES AND SULFURS Phoebis sennae—cloudless sulphur Mammals Canids CANIDAE—WOLVES AND FOXES Canis latrans—coyote Squirrels SCIURIDAE—SQUIRRELS Otospermophilus beecheyi—California ground squirrel Reptiles Lizards PHRYNOSOMATIDAE—IGUANID LIZARDS Sceloporus occidentalis—western fence lizard Appendix B Plant Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys Appendix B Plant Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 B-1 August 2021 Vascular Species Eudicots AIZOACEAE—FIG-MARIGOLD FAMILY  Mesembryanthemum crystallinum—common iceplant  Mesembryanthemum nodiflorum—slenderleaf iceplant ANACARDIACEAE—SUMAC OR CASHEW FAMILY Malosma laurina—laurel sumac Rhus integrifolia—lemonade berry  Schinus molle—Peruvian peppertree Toxicodendron diversilobum—poison oak APIACEAE—CARROT FAMILY  Apium graveolens—wild celery  Foeniculum vulgare—fennel ASTERACEAE—SUNFLOWER FAMILY Ambrosia monogyra—singlewhorl burrobrush Ambrosia pumila—San Diego ambrosia Artemisia californica—California sagebrush Baccharis salicifolia—mulefat Baccharis sarothroides—desertbroom  Centaurea melitensis—Maltese star-thistle Deinandra fasciculata—clustered tarweed  Glebionis coronaria—crowndaisy Isocoma menziesii var. vernonioides—Menzies’ goldenbush  Lactuca serriola—prickly lettuce Viguiera laciniata—San Diego County viguiera Xanthium strumarium—cocklebur BORAGINACEAE—BORAGE FAMILY Heliotropium curassavicum—salt heliotrope BRASSICACEAE—MUSTARD FAMILY  Brassica nigra—black mustard  Hirschfeldia incana—shortpod mustard CACTACEAE—CACTUS FAMILY Cylindropuntia californica var. californica—snake cholla Appendix B Plant Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 B-2 August 2021 Cylindropuntia prolifera—coastal cholla Ferocactus viridescens—San Diego barrel cactus Mammillaria dioica—strawberry cactus Opuntia littoralis—coast prickly pear Opuntia oricola—chaparral pricklypear CHENOPODIACEAE—GOOSEFOOT FAMILY Atriplex lentiformis—quailbush  Atriplex semibaccata—Australian saltbush  Bassia hyssopifolia—fivehorn smotherweed  Salsola tragus—prickly Russian thistle CLEOMACEAE—CLEOME FAMILY Peritoma arborea—bladderpod CRASSULACEAE—STONECROP FAMILY Dudleya pulverulenta—chalk dudleya EUPHORBIACEAE—SPURGE FAMILY  Ricinus communis—castorbean FABACEAE—LEGUME FAMILY  Acacia melanoxylon—blackwood  Acacia redolens—bank catclaw LAMIACEAE—MINT FAMILY  Marrubium vulgare—horehound POLYGONACEAE—BUCKWHEAT FAMILY Eriogonum fasciculatum var. fasciculatum—California buckwheat  Rumex crispus—curly dock RHAMNACEAE—BUCKTHORN FAMILY Adolphia californica—California adolphia SALICACEAE—WILLOW FAMILY Salix gooddingii—Goodding’s willow Salix laevigata—red willow SIMMONDSIACEAE—JOJOBA FAMILY Simmondsia chinensis—jojoba Appendix B Plant Species Observed During the 2021 Nirvana Project Coastal California Gnatcatcher Surveys 13518 B-3 August 2021 SOLANACEAE—NIGHTSHADE FAMILY Datura wrightii—sacred thorn-apple  Nicotiana glauca—tree tobacco TAMARICACEAE—TAMARISK FAMILY  Tamarix ramosissima—tamarisk Ferns and Fern Allies SELAGINELLACEAE—SPIKE-MOSS FAMILY Selaginella cinerascens—ashy spike-moss Monocots AGAVACEAE—AGAVE FAMILY Yucca schidigera—Mojave yucca ARECACEAE—PALM FAMILY  Washingtonia robusta—Washington fan palm CYPERACEAE—SEDGE FAMILY Schoenoplectus californicus—California bulrush POACEAE—GRASS FAMILY  Avena barbata—slender oat Bothriochloa barbinodis—cane bluestem  Brachypodium distachyon—purple false brome  Bromus diandrus—ripgut brome  Bromus rubens—red brome  Cynodon dactylon—Bermudagrass  Ehrharta erecta—panic veldtgrass  Festuca perennis—perennial rye grass  Pennisetum setaceum—fountain grass  Polypogon monspeliensis—annual rabbitsfoot grass  Stipa miliacea var. miliacea—smilograss 13518 1 November 2021 November 18, 2021 13518 U.S. Fish and Wildlife Service Attention: Recovery Permit Coordinator 2177 Salk Avenue, No. 250 Carlsbad, California 92008 Subject: 2021 Focused Coastal California Gnatcatcher Survey Report for the Proposed Nirvana Project - Additional Area East, Chula Vista, County of San Diego, California Dear Recovery Permit Coordinator: This letter report documents the results of three protocol-level focused surveys for the coastal California gnatcatcher (Polioptila californica californica) that were conducted for the proposed Nirvana Project (project) - additional area east, which is located on a 0.44-acre site adjacent to the Nirvana site. Dudek biologist Erin Bergman surveyed the additional area east between October 11, 2021, and October 25, 2021. The surveys were conducted in areas of suitable coastal California gnatcatcher habitat. This report is intended to satisfy reporting requirements for coastal California gnatcatcher -permitted biologists Erin Bergman (TE-53771B-2). The coastal California gnatcatcher is a federally listed threatened species and a California Department of Fish and Wildlife species of special concern. It is closely associated with coastal sage scrub habitat and, therefore, threatened primarily by habitat loss, degradation, and fragmentation. Coastal California gnatcatcher typically occurs below 820 feet above mean sea level within 22 miles of the coast. Studies have suggested that coastal California gnatcatcher avoid nesting on very steep slopes (greater than 40%) (Bontrager 1991). Coastal California gnatcatcher is also impacted by brown-headed cowbird (Molothrus ater) nest parasitism (Braden et al. 1997). Project Location and Existing Conditions The study area is located within Chula Vista, California (Figure 1, Project Location). The site is located at 821 Main Street on the north side of Main Street and east of Nirvana Avenue in the City of Chula Vista (City). It comprises Tax Assessor parcel numbers – APNs 644-050-060-1300 & 644-050-60-1400. The majority of this site was surveyed in the summer of 2021, but this report covers an additional 0.44-acre area to the east. Elevation on site ranges between approximately 139 feet and 212 feet above mean sea level. The landscape is steep on the additional area east. The site is located within Section 20 of Township 18 south and Range 1 west in the 7.5-minute USGS Imperial Beach quadrangle. Vegetation Communities One plant community was identified within the additional area east as highly suitable coastal California gnatcatcher habitat: maritime succulent scrub. Three other vegetation communities were not considered highly suitable habitat. These included disturbed habitat, tamarisk scrub and unvegetated stream. Due to proximity and intermixed nature of other vegetation communities, all vegetation was included within the study area. Approximately 0.44 acres of