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Biological Assessment Pozniansky Residential Project
APN: 51034034
LOCATION: Santa Clara County
California
UTM Zone 10s 588206.00 m E / 4120403.00 m N
USGS Castle Rock Ridge Quadrangle
Prepared for Oleg (Eli) Pozniansky 7/7/2015
Contact Person: Gary Kittleson 3284 Malibu Drive Santa Cruz, CA 95062 [email protected] Phone Number: 831-251-0215
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1. Summary
Kittleson Environmental Consulting was retained by Eli Pozniansky on 3/20/2015 to conduct a biological assessment for the Pozniansky Residential Project (APN: 51034034) in Santa Clara County, California. The property is located at 588206.00 m E / 4120403.00 m N, UTM Zone 10s and can be found on the USGS Castle Rock Ridge Quadrangle. FIGURE 1.
2. Introduction
The project will consist of construction of a single family residence and driveway. Access to the parcel is made via a common private gravel driveway located 0.15 miles west of the intersection with Farvue Lane. FIGURE 2.
3. Study Methods
The project plan was reviewed and a species list for the Castle Rock Ridge Quad was generated from the California Natural Diversity Database (CNDDB). A site visit to the project location at Overlook Road was conducted on 3/24/2015. Habitat types and dominant plant species in the vicinity were noted and photographed. The project parcel, project impact area and nearby Overlook Road corridor were walked to search for the presence of invasive plant species and suitable habitat for listed plants. Specific effort was made to determine presence or absence of woodland woolythreads (Monolopia gracilens), which would have been flowering and readily identifiable, if present. No woodland woolythread plants were found, due to a lack of serpentine soils, previous soil disturbance caused by tree removal, and an abundance non-native grasses and groundcover.
4. Environmental Setting
The project location is a vacant parcel within the existing residentially developed roadway corridor of Overlook Road in the eastern Santa Cruz Mountains. The property is located on a moderate to steep, southeast-facing slope with natural drainage northeastward toward Los Gatos Creek. The slope gradient in the building area is estimated be approximately 25 degrees or 2:1 (H:V) or less. The average slope angle above home site is approximately 30 degrees or 1.7:1. The topography also steepens where it becomes a cut slope previously graded for the existing common driveway. The surrounding land use is mountain residential and existing homes are located on developed lots north and south of the proposed home site.
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4.1. Description of the Existing Biological and Physical Conditions Review of aerial photos of the site reveal the that parcel was forested until 2007. The dominant tree species then were mature blue gum eucalyptus (Eucalyptus globulus) and green wattle acacia (Acacia decurrens). The 2008 geotechnical report for the parcel indicated that the site was vacant and had been cleared of most vegetation at the time of subsurface investigations. FIGURES 3, 4, & 5. Currently, both eucalyptus and acacia remain and have re-established on the upper half of the parcel. Two acacias noted for removal on the current development plan have fallen. Native tree species remaining on site include California live oak (Quercus agrifolia) and California bay laurel (Umbellularia californica). No wetland or riparian habitat are present on the parcel, and as a result no wetland or riparian habitat will be impacted by the project. An ephemeral drainage swale flows along the existing shared driveway on the southeast edge of the parcel and drains through a culvert under Overlook Road. This drainage swale will be undisturbed by the proposed development. Due to the relatively small construction impact area in previously disturbed, upland habitat, wildlife impacts are expected to be minimal and can be mitigated through preconstruction surveys and species avoidance. The wildlife species considered in this document are in Table 1. The Santa Cruz Mountains are well known for its diverse wildlife populations, but no listed animals are documented as breeding species at, or near, the project site. While woodland woolythreads is known to occur in serpentine soil area in the USGS Castle Rock Ridge Quadrangle. this rare plant, and other protected plant species, are not known to occur in the actual project impact area, which has been subject to extensive disturbance and is dominated by invasive species. The listed plant species known to occur in the general project vicinity are in Table 2. A list of plants and animals observed on site is included in Appendix A. As proposed, all construction work will be done on the lower 30% of the lot of record and will be accessed from the common driveway that intersects with Overlook Road. FIGURE 6. All work will be done in previously disturbed, upland habitat. No bed or banks of streams, or jurisdictional wetland habitats will be disturbed.
4.2. Regional Species and Habitats of Concern
Twenty-three species of plants and animals are listed in the CNDDB for the USGS Castle Roach Ridge Quad. The general habitat requirements and potential for occurrence of the listed species in the project impact area are discussed below. No state or federally protected species are present on the proposed project site.
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Table 1. Vegetation Eleven listed plants are known to occur in the USGS Castle Rock Ridge Quad, but none are known to occur in disturbed acacia/eucalyptus habitats. A table of all CNDDB listed species is included below. Federal listing status is noted, as well.
Scientific Name Common Name Federal Status State Status Plant Rank NOTES
Monolopia gracilens woodland wool lythreads None None 1B.2 Not present on s i te. Surveyed during flowering period.
Associated with serpentine substrate.
Pentachaeta bellidiflora white-rayed pentachaeta Endangered Endangered 1B.1 Not present on s i te. Not found in Santa Clara County.
Plagiobothrys chorisianus Hickman's popcornflower None None 4.2 Not present on s i te. Wetland and riparian species .
var. hickmanii
Arabis blepharophylla coast rockcress None None 4.3 Not present on s i te. One herbarium specimen exis ts
for Santa Clara County.
Erysimum teretifolium Santa Cruz wal l flower Endangered Endangered 1B.1 Not present on s i te. One herbarium specimen exis ts
for Santa Clara County.
Arctostaphylos silvicola Bonny Doon manzanita None None 1B.2 Not present on s i te
Hoita strobilina Loma Prieta hoi ta None None 1B.1 Not present on s i te
Associated with serpentine substrate.
Malacothamnus aboriginum Indian Val ley bush-mal lowNone None 1B.2 Not present on s i te
Clarkia concinna ssp. automixa Santa Clara red ribbons None None 4.3 Not present on s i te. Associated with chappara l habi tat.
Piperia candida white-flowered rein orchidNone None 1B.2 Not present on s i te. Known from Santa Cruz County.
Chorizanthe pungens Ben Lomond spineflower Endangered None 1B.1 Not present on s i te. Known from Santa Cruz County. var. hartwegiana
STATUS CODES: California Native Plant Society List 1A=Plants presumed extinct in California List 1B=Plants rare, threatened, or endangered in California and elsewhere List 2= Plants rare, threatened, or endangered in California but more common elsewhere List 3= Plants about which more information is needed List 4= Plants of limited distribution SOURCE: CNDDB, 2014: CNPS, 2011
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Table 2. Animals A full list of CNDDB listed species is presented below.
Federal State CDFW
Scientific Name Common Name Status Status Status NOTES
Rana draytonii California red-legged frog Threatened None SSC Suitable aquatic habi tat not present .
Aquila chrysaetos golden eagle None None FP Suitable nest habi tat not present.
Falco peregrinus anatum American peregrine falcon Del is ted Del i s ted FP Suitable nest habi tat not present.
Oncorhynchus kisutch coho salmon - central California coast Endangered Endangered - Sui table aquatic habi tat not present.
Oncorhynchus mykiss irideus steelhead - central California coast Threatened None - Sui table aquatic habi tat not present.
Trimerotropis infantilis Zayante band-winged grasshopper Endangered None - Sui table sandy soi l habi tat not present.
Neotoma fuscipes annectens San Francisco dusky-footed woodrat None None SSC No active wood rat nests observed on s i te.
Antrozous pallidus pallid bat None None SSC Not expected. Typica l ly roosts in rocky
outcrops , cl i ffs and crevices .
Corynorhinus townsendii Townsend's big-eared bat None Candidate SSC Not expected. Typica l ly roosts in caves ,
Threatened mines and and s tructures .
Lasiurus blossevillii western red bat None None SSC Not expected. Typica l ly roosts and inhabits
riparian woodland habitats .
Emys marmorata western pond turtle None None SSC Suitable aquatic habi tat not present.
Phrynosoma blainvillii coast horned lizard None None SSC Suitable sandy soi l habi tat not present.
STATUS CODES: FEDERAL: (U.S. Fish and Wildlife Service) FE = Listed as Endangered (in danger of extinction) by the Federal Government. FT = Listed as Threatened (likely to become Endangered within the foreseeable future) by the Federal Government. STATE: (California Department of Fish and Game SSC = California Species of Special Concern FP = California Department of Fish and Game Fully Protected * = Special Animals included on the CDFG list of special animals (CDFG, 2009) SOURCE: CDFG, 2011; CDFG, 20149
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5. Potentially Applicable State and Federal Laws, Acts, and Orders Local, State, and Federal regulations have been enacted to provide for the protection and management of sensitive biological and wetland resources. Based on the current proposed plan and habitat conditions on site, no wildlife or wetland related permits are required. A brief discussion of the potentially applicable state and federal resource agency requirements is included below. 5.1. California Endangered Species Act / Lake and Streambed Alteration Agreement At the State level, the California Department of Fish and Wildlife (CDFW) is responsible for administration of the California Endangered Species Act, and for protection of streams and water bodies through the Streambed Alteration Agreement process under Section 1600 of the California Fish and Game Code. Due to the proposed project's avoidance of the bed and/or bank any active stream, no California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreement (LSAA) is necessary. 5.2. Federal Endangered Species Act Consultation Table 2, above lists the known special status species in the general project vicinity. Four animal species area listed for the project area in the Federal Endangered Species list. The three aquatic species are not found on the project site due to the lack of suitable aquatic habitat. The Zayante band winged grasshopper is known from sandy soil areas in Santa Cruz County. Federal Endangered Species Act. The federal Endangered Species Act (ESA) of 1973 (Title 16 United States Code, Section 1531 et seq., as amended) prohibits local, state and federal agencies from authorizing, permitting or funding any action that would result in biological jeopardy to a species listed as Threatened or Endangered under the ESA. Listed species are taxa for which proposed and final rules have been published in Federal Register. The U.S. Fish and Wildlife Service’s (Service) responsibilities include administering the Act, including Sections 7, 9, and 10. Section 9 of the Act, prohibits the take of animal species that are federally listed as Endangered or Threatened. Section 3(18) of the Act defines “take” to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define “harm” to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, or sheltering. “Harassment” is defined by the Service as an intentional or negligent action that creates the likelihood of injury to listed species by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding,
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feeding, or sheltering. Exemptions to the prohibitions against take may be obtained through coordination with the Service in two ways: 1) through interagency consultation for projects with federal involvement (i.e., funded, authorized, or carried out by a Federal agency) pursuant to Section 7; or 2) through the issuance of an incidental take permit under Section 10(a)(1)(B) of the Act. The Act or its implementing regulations do not prohibit take of listed plant species. Critical Habitat. If “Critical Habitat” is determined and published in the Federal Register as a formal rule, that designated critical habitat (plant or animal) receives protection under Section 7 of the Act through the prohibition of destruction or adverse modification of critical habitat by actions carried out, funded, or authorized by a Federal agency (i.e., Federal Highway Administration [FHWA] funding ). Consultation under Section 7 does not apply to activities on private or other non-federal lands that do not involve a Federal nexus. Therefore, the critical habitat designation would not afford any additional regulatory protections under the Act with regard to those activities. The proposed project is not located in any mapped Critical Habitat. Due to the small size of the project and its location in a former eucalyptus and acacia-dominated woodlot, no impacts to federal listed species are anticipated and the Federal Endangered Species Act would not be required. As proposed, the proposed residence will have no effect on federally listed sp ec ies , in c lu d in g steelhead, Coho salmon, Z a y a n t e b a n d w i n g ed g r a s s h o p p er , and California red-legged frog. 5.2. Migratory Bird Treaty Act Nesting birds are protected from disturbance by The Migratory Bird Treaty Act of 1918, as regulated by the United States Fish and Wildlife Service. No trees or vegetation removal is proposed in the Granite Creek Rd. guardrail project. Construction is proposed after August 1 during the project year, and preconstruction surveys for active nests in the project vicinity would be conducted if construction is initiated earlier in the season. If an active nest is encountered in preconstruction surveys, protective buffers will be established (100 ft for migratory birds and 300 ft for raptors). Avoidance of all on-site trees during the spring bird nesting season will result in no effect on breeding birds. No listed bird species are likely to be present during other times of the year. 5.3. Clean Water Act The U.S. Army Corps of Engineers (ACOE) has primary responsibility for protecting wetlands and jurisdictional “other waters of the U.S.” under Section 404 of the Clean Water Act. Certification from the California Regional Water Quality Control Board (RWQCB) is also required when a proposed activity may result in discharge into navigable waters, pursuant to Section 401 of the Clean Water Act and the U.S. Environmental Protection Agency (EPA) Section 404(b) (1) Guidelines.
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Wetlands and Waters of the U.S. Although definitions vary to some degree, wetlands are generally considered to be areas that are periodically or permanently inundated by surface or groundwater, and that support vegetation adapted to life in saturated soil. Wetlands are recognized as important features on a regional and national level due to their high inherent value to fish and wildlife, use as storage areas for storm and flood waters, and water recharge, filtration, and purification functions. Technical standards for delineating wetlands have been developed by the ACOE and the USFWS, and generally define wetlands through consideration of three criteria: hydrology, soils, and vegetation. Section 401 of the Clean Water Act. The RWQCB is responsible for upholding State water quality standards. Pursuant to Section 401 of the Clean Water Act, projects that apply for an ACOE permit for discharge of dredge or fill material and projects that qualify for a Nationwide Permit must obtain water quality certification from the RWQCB. The RWQCB is also responsible for regulating fill of hydrologically isolated wetlands under the Porter-Cologne Water Quality Control Act. The proposed project will be constructed upslope of open water and riparian habitats, and will not require certification from the California Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the Clean Water Act. Section 404 of the Clean Water Act. Under Section 404 of the Clean Water Act, the ACOE is responsible for regulating the discharge of fill material into waters of the United States. The term “waters” includes wetlands and non-wetland bodies of water that meet specific criteria as defined in the Code of Federal Regulations. All three of the identified technical criteria (related to hydrology, soils, and vegetation) must be met for an area to be identified as a wetland under ACOE jurisdiction, unless the area has been modified by human activity. In general, a permit must be obtained before fill can be placed in wetlands or other waters of the U.S. The type of permit depends on the amount of acreage and the purpose of the proposed fill, subject to discretion of the ACOE. Due to the upland location of the proposed project jurisdictional wetlands will not be impacted during construction and no US Army Corps of Engineers Section 404 permit will be required.
6. Project Impacts
Construction of the single family residence will occur in an area dominated by non-native plant species. No wetland or open water habitats will be affected, and two bay laurel trees and one to two California live oak trees are proposed for removal. Project impacts will be minor and will be limited to temporary soil disturbance from staging equipment and excavating for foundations and retaining walls. There will be minor noise impacts due to temporary use of construction equipment. No dewatering or riparian habitat impacts are anticipated.
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7. Avoidance and Minimization Measures
If the project construction is initiated prior to August 1, the project proponent will conduct a nesting bird survey in the project area to ensure that all nesting birds (including raptors such as Coopers hawks) will be avoided.
Impact 1: Suitable nesting habitat for special-status and non-listed, native bird species is present on the study area. Direct removal of vegetation, noise and other disturbance during construction, could adversely impact nesting birds, if present, which could result in nest abandonment.
Mitigation Measure 1: If work in any project site area must commence during the breeding season (February 1 to July 31), a qualified biologist shall conduct a pre-construction breeding bird survey throughout areas of suitable habitat within 300 feet of the work area within 15 days prior to the onset of any construction activity. If bird nests are observed within a project work area or surrounding buffer, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. The size and configuration of buffer zones shall be determined by a qualified biologist in consultation with CDFW based on the site conditions and the species potentially impacted. Work within the buffer shall be postponed until all the young are fledged, as determined by a qualified biologist.
8. References Buckley Engineering Associates, Inc. 2008. GEOTECHNICAL INVESTIGATION Proposed Residence
Overlook Road (APN 510-34-34) Los Gatos, CA. PREPARED FOR: Mr. Feliks Sukhovitsky.
California Department of Fish and Game (CDFG). 2011. Special animals list dated January (http://www.dfg.ca.gov/hcpb/species/lists.shtml).
California Department of Fish and Game (CDFG). 2014. California natural diversity database, October 30, 2011 data date. California Department of Fish and Game, Sacramento, CA.
California Native Plant Society. 2011. Inventory of rare and endangered plants (online edition). California Native Plant Society. Sacramento, CA. Accessed from http://www.cnps.org/inventory.
Holland, R.F. 1986. Preliminary descriptions of the terrestrial natural communities of California. California Department of Fish and Game, Sacramento, CA.
Ingles, L. G. 1965. Mammals of the Pacific States. Stanford University Press, Stanford, California. 506 pp.
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Jennings, M. R. and M. P. Hayes. 1994. Amphibian and reptile species of special concern in California. California Department of Fish and Game Contract # 8023. Inland Fisheries Division, Rancho Cordova, California.
Williams, D. F. 1986. Mammalian species of special concern in California. Wildlife Management Division Administrative Report 86-1.
Zeiner, D. C., W.F Laudenslayer, Jr. and K.E. Mayer. 1988 California’s Wildlife, Volume I, Amphibians and Reptiles. The Resources Agency, Department of Fish and Game, Sacramento, CA.
Zeiner, D. C., W.F Laudenslayer, Jr. and K.E. Mayer. 1990a California’s Wildlife, Volume II, Birds. The Resources Agency, Department of Fish and Game, Sacramento, CA.
Zeiner, D. C., W.F Laudenslayer, Jr. and K.E. Mayer. 1990b California’s Wildlife, Volume III, Mammals. The Resources Agency, Department of Fish and Game, Sacramento, CA.
Personal Communications
Bryan Mori, Bryan Mori Biological Consulting Services, Watsonville. CA
Kathy Lyons, Biotic Resources Group, Soquel, CA
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Figure 1 Project Site
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Figure 2 Project Site
Figure 3 - 2007 Eucalyptus/Acacia tree cover
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Figure 4 - 2009 After Tree Clearing
Figure 5 - 2014 Current Habitat
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Figure 6 Site Plan
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Site Photos
LEFT: Project site looking west, upslope from Overlook Road RIGHT: Project site looking north towards proposed driveway and home site. Vinca major, annual non-native grasses and milk thistle are dominant plants in area to be graded for driveway and foundation. Dual trunk bay laurel tree in middle of photo will be removed for construction.
LEFT: Project site looking west from building envelope. Acacia decurrens and eucalyptus globus tree species are re-emerging as saplings on upper half of parcel. RIGHT: View of parcel from top of lot, looking east towards south San Francisco Bay.
LEFT: Building site looking south . Two acacia decurrens trees to be removed have already fallen. RIGHT: View of proposed driveway and garage building envelope. 1 to 2 oaks will be removed. PGE pole proposed to remain, but guy wires will require relocation.
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APPENDIX A. Animal and plant species observed on 3/24/2015 Wildlife observed (150324) Northern flicker (Colaptes auratus) Western scrub jay (Aphelocoma californica) Stellers jay (Cyanocitta stelleri) Pacific slope flycatcher (Empidonax difficilis) Dark-eyed junco (Junco hyemalis) American robin (Turdus migratorius) Yellow-rumped warbler (Dendroica coronata ssp auduboni) Townsends warbler (Setophaga townsendi) Chestnut-backed chickadee (Poecile rufescens) oak titmouse (Baeolophus inornatus) bushtit (Psaltriparus minimus) Coopers hawk (Accipiter cooperii) - calling from adjacent, upslope woodland Turkey vulture (Cathartes aura) - in flight Red tail hawk (Buteo jamaicensis) - in flight Plants observed Periwinkle (Vinca major) Milk thistle (Silybum marianum) Blue gum eucalyptus (Eucalyptus globulus) Green wattle acacia (Acacia decurrens) California bay laurel (Umbellularia californica) California live oak (Quercus agrifolia) sticky monkey flower (Mimulus aurantiacus) CA blackberry (Rubus ursinus) Coyote brush (Baccharis pilularis) Scotch broom (Cytisus scoparius) French broom (Genistsa monspessulana) bedstraw (Gallium ssp) CA hedge nettle (Stachys bullata) CA mountain balm (Erioictyon californicum) fillaree (Erodium spp.) Blue gum eucalyptus (Eucalyptus globulus) Green wattle acacia (Acacia decurrens) California bay laurel (Umbellularia californica) California live oak (Quercus agrifolia) Elderberry (Sambucus sp.) wild oat (Avena fatua) California brome (Bromus carinatus) soft chess (Bromus hordeaceus)
