Biological Resource Assessment

Biological Resource Assessment Target Corporation Commercial Development Site City of Davis January 2006 Prepared for: Nick Pappani / Cindy Gnos Raney Planning and Management 1401 Halyard Drive, Suite 120 West Sacramento, CA 95691 Prepared by:

Table of Contents Summary of Findings and Conclusions... 1 I. Introduction... 3 II. Methods... 3 Page Consultation with State and Federal Agencies... 3 Field Surveys... 6 III. Results... 7 Environmental Setting... 7 Special-status Species... 7 Migratory Birds Including Raptors... 14 Waters of the United States, Including Wetlands... 14 IV. Potential Impacts and Mitigation... 14 Swainson s Hawk... 14 Western Burrowing Owl... 17 Migratory Birds Including Raptors... 20 City-Protected Trees... 20 V. Regulatory Framework... 21 VI. References Consulted... 23 Appendix A USFWS and CDFG Special-status Species Lists Attachment A Electronic Copy of Report on CD Biological Resource Assessment i Gallaway Consulting, Inc.

List of Tables and Figures Tables Page 1 Special-status species that occur, or may that may occur within the BSA... 10 Figures 1 Project Location... 4 2 0.5-mile radius Swainson s hawk CNDDB search results... 8 3 1-mile radius CNDDB search results... 9 Biological Resource Assessment ii Gallaway Consulting, Inc.

Summary of Findings and Conclusions As requested, Gallaway Consulting, Inc. performed biological resource surveys within the City of Davis Target biological survey area (BSA) in. The surveys were conducted on July 5, 2005, to determine the presence of sensitive biological resources within the BSA and to determine if these resources have the potential of being impacted by the proposed project. There were no special-status or sensitive species observed within the BSA. However, multiple active (i.e., within the last 5 years) Swainson s hawk (Buteo swainsoni) nests occur within 10 miles of the site including two within a 0.5-mile of the site (CNDDB 2005). As this species has been designated as Threatened by the State of California, appropriate mitigation and/or avoidance measures will be required per the California Department of Fish and Game (CDFG) Staff Report regarding Mitigation for Impacts to Swainson s Hawks (Buteo swainsoni) in the Central Valley of California (1994) and should be consistent with either Yolo County s Agreement Regarding Mitigation for Impacts to Swainson s Hawk Foraging Habitat in Yolo County (2002), or the City of Davis Staff Report: Settlement Agreement with Friends of Swainson s Hawk (Covell Village) (October 2005). In addition, burrowing owls (Athene cunicularia hypugaea), a state and federal species of concern, occur in close proximity to the BSA and California ground squirrel (Spermophilus beecheyi) burrows, a key component of burrowing owl habitat, occur onsite. Therefore, CDFG-recommended protocol-level surveys should be conducted during the nesting season (February 1 August 31) prior to construction to assess whether or not owls are utilizing the burrows. If owls are observed occupying the site, appropriate spatial and temporal buffers per CDFG (1995) may be required. Floristic windows for two special-status plants species, alkali milk-vetch (Astragalus tener var. tener) and Heckard s pepper-grass (Lepidium latipes), had already passed at the time of surveys. As the site provides little to no habitat for these species and potential for occurrence is low, protocol-level surveys are not recommended. Due to the presence of potential nesting habitat for migratory birds including raptors, a pre-construction nesting survey should be conducted April-May, or no more then 30 days prior to construction activities. Should nesting migratory birds be observed, appropriate spatial and temporal buffers will be required by the U.S. Fish and Wildlife Service (USFWS) and CDFG. Gallaway Consulting, Inc. conducted an informal survey for Waters of Biological Resource Assessment 1 Gallaway Consulting, Inc.

the United States on July 5, 2005, to determine the presence of jurisdictional wetland features within and in close proximity to the BSA. Based on existing information and our field assessment, the stormwater drainage channel north of the BSA would not be considered jurisdictional and regulated by the U.S. Army Corps of Engineers (COE). Also known as the Mace drainage channel and/or the Line A, this channel was excavated in an upland area for the purpose of receiving drainage from the Mace Ranch Park project, which includes the project site. Approximately ten beefwood trees (Casuarina cunninghamiana) with a diameter at breast height of >5 and five coast live oaks (Quercus agrifolia) <5 dbh occur onsite. As beefwood trees >5 dbh are considered trees of significance by the City of Davis, the project proponent must obtain a Tree Removal Request and/or Tree Modification Permit from the City prior to removing the beefwood trees onsite pursuant to the procedures contained in Sections 37.02.050 and 37.02.070 of the City of Davis Municipal Code, Chapter 37 Tree Planting, Protection, and Preservation. Biological Resource Assessment 2 Gallaway Consulting, Inc.

I. Introduction As requested, Gallaway Consulting, Inc. performed biological resource surveys within the City of Davis Target Biological Survey Area (BSA) in (Figure 1). The BSA is located in Section 12, T8N R2E of the Davis USGS 7.5 quadrangle. The field surveys were conducted on July 5, 2005, to determine the presence of sensitive biological resources and to determine if these resources would be impacted by the proposed project. Shirley Innecken, Biologist, conducted the field surveys. Commercial development is planned for the approximately 19.29-ac site. II. Methods Consultation with State and Federal Agencies Special-status Species Gallaway Consulting, Inc. consulted with both the U.S. Fish and Wildlife Service (USFWS) and California Natural Diversity Database (CNDDB), a positive-sighting database managed by the California Department of Fish and Game (CDFG), to identify special-status species occurring, or potentially occurring within a 1-mile radius of the BSA. We also performed a 10-mile radius search for active (i.e., within 5 years) Swainson s hawk nests. The results of the search included species falling into one of the following categories (see Appendix A for a complete listing by USGS quadrangle): Designated as rare, threatened, endangered, proposed or candidates for listing by the state and/or federal governments Endangered Species Acts (ESA, 50 CFR 17.12 for listed plants and various notices in the Federal Register, California ESA, 14 CCR 670.5); Listed as Species of Concern by state or federal governments; Included on the California Native Plant Society (CNPS) List 1A, 1B, and 2 (Skinner and Pavlik 2001); Plants and wildlife that meet the definitions of rare or endangered species under the California Environmental Quality Act (State CEQA Guidelines, Section 15380). Species of Concern are unlisted species that have the potential for listing under state and/or federal ESA s if negative population trends continue. By considering them early in the planning process, problems can be avoided if these species are listed before the completion of a project. CDFG Fully Protected Species: The classification of Fully Protected was the State's initial effort to identify and provide additional protection to those animals that were rare or faced possible extinction. Lists were created for fish, amphibians and reptiles, birds and mammals. Most of the species on these lists have subsequently been listed under the state and/or federal endangered Biological Resource Assessment 3 Gallaway Consulting, Inc.

City of Davis - Target Corporation Location COLUSA SUTTER PLACER YOLO Map Extent NAPA SACRAMENTO SOLANO SAN JOAQUIN Project Location 80 City of Davis, Yolo County, CA Map Date: Oct. 24, 2005 Feet 0 500 1,000 Figure 1.

species acts; white-tailed kite, golden eagle, trumpeter swan, northern elephant seal and ringtailed cat are the exceptions. The white-tailed kite and the golden eagle are tracked in the CNDDB; the trumpeter swan, northern elephant seal and ringtailed cat are not. The Fish and Game Code sections dealing with Fully Protected species state that these species "...may not be taken or possessed at any time and no provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected" species, although take may be authorized for necessary scientific research. This language arguably makes the "Fully Protected" designation the strongest and most restrictive regarding the "take" of these species. In 2003 the code sections dealing with fully protected species were amended to allow the Department to authorize take resulting from recovery activities for state-listed species Critical Habitat In addition to potentially occurring special-status wildlife and plant species, we determined whether or not USFWS-designated critical habitat occurs onsite. When the USFWS lists a species as threatened or endangered under the federal ESA, areas of habitat considered essential to its conservation and survival may be designated as critical habitat. These areas may require special consideration and/or protection due to their ecological importance. Although critical habitat may be designated on state or private lands, activities on them are not restricted unless there is federal involvement or direct impacts to listed species are expected. Sensitive Natural Communities Gallaway Consulting, Inc. consulted the CNDDB (2005) to identify sensitive natural communities occurring within a 1-mile radius of the BSA. The California Office of Planning and Research and the Office of Permit Assistance (1986) define project effects that substantially diminish habitat for fish, wildlife, or plants, or that disrupt or divide the physical arrangement of an established community as significant impacts under CEQA. This definition applies to certain natural communities because of their scarcity and ecological values and because the remaining occurrences are vulnerable to elimination. For this study, the term sensitive natural community includes those communities that, if eliminated or substantially degraded, would sustain a significant adverse impact as defined under CEQA. Sensitive natural communities are important ecologically because their degradation and destruction could threaten populations of dependent plant and wildlife species and significantly reduce the regional distribution and viability of the community. If the number and extent of sensitive natural communities continue to diminish, the status of rare, threatened, or endangered species could become more precarious, and populations of common species (i.e., non special-status species) could become less viable. Loss of sensitive natural communities can also eliminate or reduce important ecosystem functions, such as water filtration by wetlands and bank stabilization by riparian woodlands. Biological Resource Assessment 5 Gallaway Consulting, Inc.

Field Surveys On July 5, 2005, biological resource surveys were conducted using east west transects spaced 15 meters apart to cover the prescribed BSA. An informal survey for Waters of the United States was also conducted to determine the presence of jurisdictional wetland features within the BSA. Shirley Innecken, Biologist, conducted the surveys to determine the presence of sensitive natural resources within the project area and to determine if these resources would be impacted by the proposed project. Protocol-level surveys were conducted for the following species: heartscale (Atriplex cordulata) brittlescale (Atriplex depressa) Colusa grass (Neostapfia colusana) Solano grass (Tuctoria mucronata) Botanical surveys were conducted in accordance with Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities (CDFG 2000a). No other protocol-level surveys were conducted. Waters of the United States, Including Wetlands The U.S. Army Corps of Engineers (COE) and the U.S. Environmental Protection Agency (EPA) regulate the discharge of dredged or fill material into jurisdictional waters of the United States, under Section 404 of the Clean Water Act. The term Waters of the United States is an encompassing term that includes wetlands and Other Waters. Wetlands have been defined for regulatory purposes as follows: 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. Other Waters of the United States are seasonal or perennial water bodies, including lakes, stream channels, drainages, ponds, and other surface water features, that exhibit an ordinary high-water mark but lack positive indicators for one or more of the three wetland parameters (i.e., hydrophytic vegetation, hydric soil, and wetland hydrology) (33 CFR 328.4). Gallaway Consulting, Inc. conducted an informal survey for Waters of the United States on July 5, 2005, to determine the occurrence of potentially jurisdictional wetland features within the BSA. The survey involved an examination of botanical resources, soils, hydrological features, and determination of wetland characteristics based on the COE Wetlands Delineation Manual (1987). The wetland assessment was conducted within the project limits and also included an examination of a stormwater drainage channel located north of the project boundary. The City of Davis refers to this channel as the Mace drainage channel and/or the Line A, which was excavated in an upland area for the purpose of receiving drainage from the Mace Ranch Park project, which includes the project site. We included the stormwater drainage channel in our assessment because a storm-water outfall associated with the proposed project may be constructed on the banks of this drainage channel. Biological Resource Assessment 6 Gallaway Consulting, Inc.

III. Results Environmental Setting The BSA is located in the City of Davis, in the Sacramento Valley. Site topography is flat to slightly undulating with elevation ranging from 25-35 feet above sea level. Site soils are comprised of the Sycamore series, which includes the drained complex and silty loam sub-series. The Sycamore soil series is taxonomically composed of fine-silty, mixed, superactive, nonacid, thermic mollic endoaquepts. Its typical profile is comprised of cultivated silty clay loam. Sycamore soils occur on nearly level flood plains at elevations of 10-100 feet. They are used for orchard, row, truck, and field crops excluding rice. Sycamore soils naturally support annual grassland and oak savannah. Vegetation onsite consists of disturbed annual grassland dominated by invasive fennel (Foeniculum vulgare). Additional plant species observed include alkali-mallow (Malvella leprosa), bindweed (Convolvulus arvensis) and black mustard (Brassica nigra). There are no natural hydrological features present. The average annual precipitation is 15-20 inches and the average annual air temperature is approximately 60-62 o F. Surrounding land use consists of municipal and commercial development to the north, Mace Blvd., a primary arterial, to the east and Interstate 80 to the south. Special-status Species There were no special-status or sensitive species observed within the BSA. However, 184 active Swainson s hawk (Buteo swainsoni) nests occur within 10 miles of the BSA including 62 within two miles of the BSA, 4 within one mile of the BSA and 2 within 0.5 mile of the BSA (Figure 2). Burrowing owls (Athene cunicularia hypugaea), a state and federal species of concern, also occur in close proximity to the survey area and California ground squirrel (Spermophilus beecheyi) burrows, a key component of burrowing owl habitat, occur onsite. In addition, whitetailed kite (Elanus leucurus) is known to occur within a 1-mile radius of the BSA and suitable foraging habitat exists onsite constituting a high potential for raptors to occur within the BSA (Figure 3). Floristic windows for two special-status plants species, alkali milk-vetch (Astragalus tener var. tener) and Heckard s pepper-grass (Lepidium latipes), had already passed at the time of surveys, but little to no habitat for these species occurs onsite and potential for occurrence is low. A summary of special-status species known to occur, or with the potential of occurring in the BSA, that could potentially be affected by project activities is presented in Table 1. Biological Resource Assessment 7 Gallaway Consulting, Inc.

City of Davis - Target Corporation Swainson's Hawk Occurrences Swainson's Hawk Swainson's Hawk 80 Project Site 0.5 Mile Buffer of Project Site Swainson's Hawk Occurrence Swainson's Hawk Occurrence within the last 5 years. Map Date: Oct. 24, 2005 Feet 0 500 1,000 Figure 2.

City of Davis - Target Corporation CNDDB Occurrences white-tailed kite burrowing owl Swainson's hawk Swainson's hawk burrowing owl white-tailed kite burrowing owl Swainson's hawk burrowing owl Swainson's hawk Swainson's hawk 80 burrowing owl burrowing owl Swainson's hawk Swainson's hawk Swainson's hawk Swainson's hawk Swainson's hawk Swainson's hawk white-tailed kite Swainson's hawk Swainson's hawk Swainson's hawk Project Site 1 Mile Buffer of Project Site CNDDB Occurrence City of Davis, Yolo County, CA Map Date: Oct. 24, 2005 0 0.25 Figure 3. Miles 0.5

Table 1. Special-status species that occur, or may occur within the BSA COMMON NAME STATUS ASSOCIATED POTENTIAL FOR (Scientific Name) Fed, State, HABITATS OCCURRENCE CNPS PLANTS ALKALI MILK-VETCH (Astragalus tener var. tener) HEARTSCALE (Atriplex cordulata) BRITTLESCALE (Atriplex depressa) SAN JOAQUIN SPEARSCALE (Atriplex joaquiniana) HECKARD S PEPPER- GRASS (Lepidium latipes var. heckardii) SOLANO GRASS (Tuctoria mucronata) MAMMALS AMERICAN BADGER (Taxidea taxus) SAN JOAQUIN POCKET MOUSE (Perognathus inornatus) BIRDS WHITE-TAILED KITE (Elanus leucurus) SWAINSON S HAWK (Buteo swainsoni) FSC, CNPS 1B CNPS 1B FSC, CNPS 1B FSC, CNPS 1B Playas, valley foothill grassland, adobe and alkaline soils, vernal pools. Chenopod scrub, meadows, valley and foothill grassland with sandy soils, alkaline or saline soils. Chenopod scrub, meadows, playas, valley and foothill grassland, vernal pools, alkaline or clay soils. Chenopod scrub, meadows, playas, valley and foothill grassland, alkaline soils. Low; sub-marginal habitat occurs onsite. Low; sub-marginal habitat occurs onsite; was not observed during protocol-level surveys. Low; sub-marginal habitat occurs onsite; was not observed during protocol-level surveys. Low; sub-marginal habitat occurs onsite; was not observed during protocol-level surveys. SLC, CNPS 1B Valley and foothill grassland, alkaline flats. Low; sub-marginal habitat occurs onsite. FE, SE, CNPS 1B Valley and foothill grassland, vernal pools. Low; sub-marginal habitat occurs onsite; was not observed during protocol-level surveys. CSC FSC FSC, CDG: Fully Protected ST Most abundant in drier open stages of most shrub, forest, and herbaceous habitats, with friable soils. Occurs in dry, open grasslands or scrub areas on fine-textured soils between 350 and 600 m (1100 and 2000 ft) in the Central and Salinas valleys. Inhabits herbaceous and open stages of most habitats in valley grassland habitats. Breeds in stands with few trees in juniper-sage flats, riparian areas, and in oak savannah in the Central Valley. Forages in adjacent grasslands or suitable grain or alfalfa fields, or livestock pasture. Low; sub-marginal habitat occurs onsite. Low; sub-marginal habitat occurs onsite. Moderate; suitable foraging habitat occurs onsite. High; suitable foraging habitat occurs onsite; known nest sites occur within 0.5 mile. Biological Resource Assessment 10 Gallaway Consulting, Inc.

COMMON NAME STATUS ASSOCIATED POTENTIAL FOR (Scientific Name) Fed, State, HABITATS OCCURRENCE CNPS WESTERN BURROWING OWL FSC, CSC Open grasslands and chaparral at lower elevations. Moderate; submarginal habitat (Athene cunicularia hypugaea) occurs onsite, however, known occurrences in close GREATER SANDHILL CRANE (Grus canadensis tabida) LOGGERHEAD SHRIKE (Lanius ludovicianus) ST FSC, CSC Frequents annual and perennial grassland habitats, moist croplands with rice or corn stubble, and open, emergent wetlands. Moist sites commonly used, but also feeds on dry plains far from water. Open habitats with sparse shrubs and trees, other suitable perches, bare ground, and low or sparse herbaceous cover. SOURCES CNDDB (2005). USFWS, Sacramento Office Website: http://www.fws.gov/sacramento/es/spp_info.htm NOAA Fisheries Website: http://www.nmfs.noaa.gov/ CNPS (2005). Inventory of Rare and Endangered Plants (online edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. Sacramento, CA. CODE DESIGNATIONS FE = Federally listed as Endangered; in danger of extinction. FT = Federally listed as Threatened; likely to become endangered in the foreseeable future. FPE = Federally proposed for listing as Endangered FPT = Federally proposed for listing as Threatened FD = Federally delisted. FPD = Federally proposed for delisting. FC = Federal candidate species; candidate to become a proposed species. FX = Critical Habitat has been designated for this species. PX = Proposed Critical Habitat; this species has already been listed and critical habitat is being proposed for it. FSC = Federal Species of Concern. SE = State-listed as Endangered. ST = State-listed as Threatened. SCE = State candidate for listing as Endangered. SCT = State candidate for listing as Threatened. CSC = California Species of Concern. CNPS 1B = Rare or Endangered in California and Elsewhere. CNPS 1A = Plants presumed extinct in California. CNPS List 2 = Rare, threatened, or endangered in California, but more common elsewhere. proximity. Low; sub-marginal wintering/foraging habitat occurs onsite. Moderate; suitable foraging and nesting habitat occurs onsite. Biological Resource Assessment 11 Gallaway Consulting, Inc.

Additional information regarding special-status species known or expected to occur in the BSA Swainson s Hawk Status: State Threatened The Swainson's hawk is a medium-sized hawk with relatively long, pointed wings and a long, square tail. Adult females weigh 28 to 34 ounces and males 25 to 31 ounces. Central Valley birds winter in Mexico and Columbia and hawks from northeastern California have been satellitetransmitter tracked to Argentina. The diet of the Swainson's hawk is varied with the California vole being the staple in the Central Valley. A variety of bird and insect species are also taken. Over 85% of Swainson's hawk territories in the Central Valley are in riparian systems adjacent to suitable foraging habitats. Swainson's hawks often nest peripherally to riparian systems of the valley as well as utilizing lone trees or groves of trees in agricultural fields. Valley oak, Fremont cottonwood, walnut, and large willow with an average height of about 58 feet, and ranging from 41 to 82 feet, are the most commonly used nest trees in the Central Valley. Swainson's hawks require large, open grasslands with abundant prey in association with suitable nest trees. Suitable foraging areas include native grasslands or lightly grazed pastures, alfalfa and other hay crops, and certain grain and row croplands. Unsuitable foraging habitat includes crops such as vineyards, orchards, certain row crops, rice, corn and cotton crops. Suitable nest sites may be found in mature riparian forest, lone trees or groves of oaks, other trees in agricultural fields, and mature roadside trees (CDFG 1983). Swainson's hawks were once found throughout lowland California and were absent only from the Sierra Nevada, north Coast Ranges and Klamath Mountains, and portions of the desert regions of the State. Today, Swainson's hawks are restricted to portions of the Central Valley and Great Basin regions where suitable nesting and foraging habitat is still available. Central Valley populations are centered on Sacramento, San Joaquin, and Yolo counties. During historical times (pre-1900), Swainson's hawks may have maintained a population in excess of 17,000 pairs. Based on a study conducted in 1994, the statewide population is estimated to be approximately 800 pairs. Surveys in 1998 and 1999 in the Owens Valley area of the State revealed a larger population (about 20 pairs) than previously documented, centered around alfalfa fields in the area (CDFG 1983). The loss of agricultural lands to various residential and commercial developments is a serious threat to Swainson's hawks throughout California. Additional threats are habitat loss due to riverbank protection projects, conversion from agricultural crops that provide abundant foraging opportunities to crops such as vineyards and orchards which provide fewer foraging opportunities, shooting, pesticide poisoning of prey animals and hawks on wintering grounds, competition from other raptors, and human disturbance at nest sites (CDFG 1983). Biological Resource Assessment 12 Gallaway Consulting, Inc.

Western Burrowing Owl Status: Federal and State Species of Concern Western burrowing owls inhabit dry, open grasslands and typically nest in small burrows that have been constructed and abandoned by burrowing mammals such as ground squirrels or badgers. Burrowing owls are year-long residents; their breeding season is from late February through August with peak breeding occurring between mid-april and mid-july. Clutch size is difficult to determine, but this species is thought to lay an indeterminate number of eggs in response to prey abundance, typically ranging from 4-12, with an average of 7. Their diet consists of insects, small reptiles or amphibians and small mammals. Direct mortality of juvenile and adult burrowing owls has been known to result from destruction, plugging, and flooding of occupied burrows; collisions with motor vehicles, aircraft, and wind turbines; predation by native and domestic animals, exposure to certain insecticides and rodenticides; and shooting (CDFG 2003). Currently, the western burrowing owl is a federal and state Species of Concern, however a petition for it s listing as threatened or endangered under the California Endangered Species Act was submitted to the CDFG in December 2003 by the Center for Biological Diversity. Although the petition was later found unwarranted by the California Fish and Game Commission, a new petition is expected to be submitted in 2006 and listing may be found warranted in light of new information. If this occurs and the western burrowing owl is listed prior to the start of construction, additional mitigation and monitoring may be required. The BSA was densely vegetated with approximately 3-4 ft. tall fennel over a majority of the site. Burrowing owls prefer open habitat with low-growing vegetation, therefore, the substantial vegetative coverage may deter them from occupying the site. However, California ground squirrel burrows, suitable habitat for burrowing owls, occur onsite and known occurrences have been documented in close proximity. White-tailed kite Status: Federal Species of Concern; CDFG: Fully Protected The white-tailed kite is a common to uncommon, yearlong resident in coastal and valley lowlands and is rarely found away from agricultural areas. In California, these raptors inhabit herbaceous and open stages of most habitats primarily west of the Sierra Nevada. They prey mostly on voles and other small, diurnal mammals, but will occasionally prey on birds, insects, reptiles, and amphibians as well. Suitable foraging habitat includes undisturbed, open grasslands, meadows, farmlands and emergent wetlands. Breeding takes place from February to October, peaking May to August. The female incubates for about 28 days and young fledge in about 35-40 days. Nests are placed near the tops of dense oak, willow, or other tree stands, usually 6-20 m (20-100 ft) above ground (Dixon et al. 1957), and are located near suitable foraging habitat. Suitable foraging habitat for this species occurs onsite. Biological Resource Assessment 13 Gallaway Consulting, Inc.

Migratory Birds Including Raptors The BSA contains potential nesting habitat for several birds listed under the Migratory Bird Treaty Act (MTBA) including, but not limited to, the following: Swainson s hawk, western burrowing owl, white-tailed kite, prairie falcon (Falco mexicanus), red-tailed hawk (Buteo jamaicensis), barn owl (Tyto alba), great-horned owl (Bubo virginianus), short-eared owl (Asio flammeus), western screech-owl (Otus kennicottii), Brewer s blackbird (Euphagus cyanocephalus), western bluebird (Sialia mexicana), brown-headed cowbird (Molothrus bonariensis), American crow (Corvus brachyrhynchus), mourning dove (Zenaida macroura), scrub jay (Aphelocoma coerulescens), American kestral (Falco sparverius), killdear (Charadrius vociferous), western meadowlark (Sturnella neglecta), western kingbird (Tyrannus verticalis), yellow-billed magpie (Pica nuttalli), northern mockingbird (Mimus polyglottos) and loggerhead shrike. Nesting raptors are also protected under Section 3503.5 of the California Fish and Game Code. Waters of the United States, Including Seasonal Wetlands Based on existing information and our field assessment, the stormwater drainage channel north of the BSA would not be considered jurisdictional and regulated by the U.S. Army Corps of Engineers (COE). Also known as the Mace drainage channel and/or the Line A, this channel was excavated in an upland area for the purpose of receiving drainage from the Mace Ranch Park project, which includes the project site. IV. Potential Impacts and Mitigation Swainson s Hawk The proposed project has the potential of impacting Swainson s hawk, a state threatened species, by disturbing nesting pairs within 0.5 mile of the BSA and removing foraging habitat onsite. Therefore, appropriate mitigation measures will be required by CDFG and the City of Davis. Appropriate mitigation measures are summarized below. Mitigation pertaining to impacts to nesting Swainson s hawks If construction occurs during the breeding season (March-August), the project proponent should conduct CDFG-recommended protocol-level surveys prior to construction per the Recommended Timing and Methodology for Swainson s Hawk Nesting Surveys in California s Central Valley (CDFG 2000b). The area to be surveyed should include a 0.5-mile radius area including and surrounding the BSA and a qualified biologist should conduct the surveys. If active nests are found, mitigation measures consistent with the Staff Report Regarding Mitigation for Impacts to Swainson s Hawks (Buteo swainsoni) in the Central Valley of California (CDFG 1994) should be incorporated in the following manner: Biological Resource Assessment 14 Gallaway Consulting, Inc.

No intensive new disturbances (e.g., heavy equipment operation associated with construction, use of cranes or draglines, new rock crushing activities) or other projectrelated activities that may cause nest abandonment or forced fledging, should be initiated with in 0.25 miles (buffer zone) of an active nest between March 1 and September 15. Nest trees should not be removed unless there is no feasible way of avoiding it. If a nest tree must be removed, a Management Authorization (including conditions to offset the loss of the nest tree) must be obtained from CDFG with the tree removal period specified in the management Authorization, generally between October 1 and February 1. If construction or other project-related activities that may cause nest abandonment or forced fledging are necessary within the buffer zone, monitoring of the nest site (funded by the project proponent) by a qualified biologist (to determine if the nest is abandoned) will be required. If it is abandoned and if the nestlings are still alive, the project proponent shall fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Routine disturbances such as agricultural activities, commuter traffic, and routine maintenance activities within 0.25 mile of an active nest should not be prohibited. Mitigation pertaining to loss of foraging habitat The CDFG (1994) identifies the loss of foraging habitat through conversion of farmland to development as a significant impact requiring mitigation. Therefore, the project proponent will be responsible for mitigating the loss of any Swainson s hawk foraging habitat. The extent of any necessary mitigation shall be determined by the City in consultation with CDFG using one of two distinct options: Option A: Based on the CDFG s Staff Report regarding Mitigation for Impacts to Swainson s Hawks in the Central Valley of California (1994) and Yolo County s Agreement Regarding Mitigation for Impacts to Swainson s Hawk Foraging Habitat in Yolo County (2002): The project proponent will compensate for the loss of Swainson s hawk foraging habitat by providing Habitat Management lands (HM lands) to CDFG as defined in the Staff Report Regarding Mitigation for Impacts to Swainson s Hawks in the Central Valley of California (CDFG 1994). If the proposed project is located within 1 mile of an active nest (to be determined with pre-construction surveys) the loss of habitat will be compensated at a ratio of 1:1 (HM land acres to developed acres). The project proponent will provide HM lands through an inlieu fee process prior to groundbreaking. Credits will be purchased through the in-lieu fee program due to the lack of mitigation credits currently available at a bank. The cost per acre for the in-lieu fee is $4,900 payable to the Yolo County HCP/NCCP Joint Power Agency (Habitat JPA). The project proponent will issue a check to the Habitat JPA if mitigation is required. It is estimated that a total of 19 acres of Swainson s hawk foraging habitat would be removed as a result of the project. Under this option, if an active nest/s are detected within 1 mile of the BSA Biological Resource Assessment 15 Gallaway Consulting, Inc.

during surveys, the project proponent will be required to pay approximately $93,100 to the inlieu fee based on the removal of this Swainson s hawk foraging habitat. Option B: Based on CDFG s Staff Report regarding Mitigation for Impacts to Swainson s Hawks in the Central Valley of California (1994) and the Settlement Agreement between Friends of Swainson s Hawk and City of Davis) (October 2005). Prior to obtaining grading permits for the first phase of construction, the project proponent shall place and record one or more Conservation Easements that meet all of the requirements of this Agreement and encompass all of the land designated as Hawk Mitigation Land. The project proponent and the Conservation Operator shall execute the Conservation Easement(s). The City of Davis may, at its discretion, also be a party to the Conservation Easement(s). The Conservation Easements shall be reviewed and approved in writing by CDFG prior to recordation for the purpose of confirming consistency with the requirements of this Agreement. The purpose of the Conservation Easement(s) shall be to preserve the value of the land as foraging and nesting habitat for the Swainson s hawk. The Conservation Easements shall contain the following terms: Prohibited agricultural uses: Planting or cultivation of orchards, vineyards, cotton, or rice. Commercial horticultural production facilities. Commercial intensive livestock production including but not limited to dairy operations, hog farms, poultry farms, and cattle feed lots. Note: irrigated pasture and sustainable cattle grazing are allowed. Use of anti-coagulant rodenticides. Other prohibited uses: Wind turbines. Construction of new buildings or home sites. Paving or covering with concrete, asphalt or other impermeable material of existing roads that are presently unpaved. The Conservation Easements shall provide that the City may construct roads the City deems necessary to maintain access to Hawk Mitigation Land. With this exception, no road access for other than agricultural use shall be constructed. Unpaved farm roads that presently exist may be relocated as unpaved roads as required by agricultural operations, provided that abandoned roads will be returned to agriculture. Golf courses, airstrips and helicopter pads. Residential uses and non-agricultural commercial or industrial uses. Billboards. Note: this does not prohibit signs denoting the address of the acreage, describing permitted activities on the acreage, to post the acreage to control Biological Resource Assessment 16 Gallaway Consulting, Inc.

unauthorized entry or use, or to identify the acreage for the general public, insofar as such signs do not significantly impair the conservation value of the acreage. Dumping or accumulation of any kind of trash, or refuse, or hazardous waste other than farm-related trash and refuse produced on the acreage. Note: this shall not prevent the storage of agricultural products and 12 byproducts on the acreage, so long as it is done in accordance with all applicable laws and regulations. Mining or extraction of soil, sand, gravel, rock, or any other mineral substance, using any method that disturbs the surface of the land. The Parties understand and acknowledge that the Hawk Mitigation Land is subject to leases authorizing the exploration, development and production of all oil, gas and other hydrocarbon substances. Future, new, and renewed gas and oil leases which the property owner may enter into shall allow for no more than a cumulative total of three acres disturbed by surface entry at one time and shall require the surface entry area to be restored to its former condition when no longer being utilized. Separation, sale, or lease of surface or groundwater rights currently associated with the property for other than agriculture or wildlife uses. Any transfer of water that may impair the agricultural productivity or the ability of the property to support foraging and nesting habitat for the Swainson s hawk is prohibited. Western Burrowing Owl The project has the potential to impact western burrowing owl by destroying suitable habitat and potentially taking individual owls. Therefore, the following CDFG-recommended mitigation measures, based on the CDFG memorandum, Staff Report on Burrowing Owl Mitigation (1995), should be implemented: Surveys In order to determine the location of currently active burrows and additional owls that may have established territories on the property since the initial survey in 2005, a total of five (5) surveys should be conducted on three separate occasions the year prior to and the year of construction as follows: Two surveys should be conducted on different dates during the peak of the breeding season (15 April-15 July) the year prior to construction. Surveys should be conducted 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise. Surveys should be conducted by walking suitable habitat on the entire project site and (where possible) in areas within 150 meters (approx. 500 ft.) of the project boundary. The 150-meter buffer zone is surveyed to identify burrows and owls outside of the project area that may be impacted by factors such as noise and vibration (heavy equipment, etc.) during project construction. Pedestrian survey transects should be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters (approx. 100 ft.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To effectively survey Biological Resource Assessment 17 Gallaway Consulting, Inc.

large projects (100 acres or larger), two or more surveyors should be used to walk adjacent transects. To avoid impacts to owls from surveyors, owls and/or occupied burrows should be avoided by a minimum of 50 meters (approx. 160 ft.) wherever practical. Two surveys should be conducted on different dates during the non-breeding season (September 1 January 31), preferably between December 1 January 31, the winter prior to construction. Surveys should be conducted 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise. Surveys should be conducted by walking suitable habitat on the entire project site and (where possible) in areas within 150 meters (approx. 500 ft.) of the project boundary. The 150-meter buffer zone is surveyed to identify burrows and owls outside of the project area that may be impacted by factors such as noise and vibration (heavy equipment, etc.) during project construction. Pedestrian survey transects should be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters (approx. 100 ft.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To effectively survey large projects (100 acres or larger), two or more surveyors should be used to walk adjacent transects. To avoid impacts to owls from surveyors, owls and/or occupied burrows should be avoided by a minimum of 50 meters (approx. 160 ft.) wherever practical. One pre-construction survey should be conducted no more than 30 days prior to the start of construction. The survey should be conducted 2 hours before to 1 hour after sunset or 1 hour before to 2 hours after sunrise. Surveys should be conducted by walking suitable habitat on the entire project site and (where possible) in areas within 150 meters (approx. 500 ft.) of the project impact zone. The 150-meter buffer zone is surveyed to identify burrows and owls outside of the project area that may be impacted by factors such as noise and vibration (heavy equipment, etc.) during project construction. Pedestrian survey transects should be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters (approx. 100 ft.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To effectively survey large projects (100 acres or larger), two or more surveyors should be used to walk adjacent transects. To avoid impacts to owls from surveyors, owls and/or occupied burrows should be avoided by a minimum of 50 meters (approx. 160 ft.) wherever practical. Definition of Impacts The CDFG (1995) considers the following to be impacts to the species: Disturbance within 50 meters (approx. 160 ft.), which may result in harassment of owls at occupied burrows; Destruction of natural and artificial burrows (culverts, concrete slabs and debris piles that provide shelter to burrowing owls); and Destruction and/or degradation of foraging habitat adjacent (within 100 m) of an occupied burrow(s). Biological Resource Assessment 18 Gallaway Consulting, Inc.

Mitigation The objective of these measures is to avoid and minimize impacts to burrowing owls at the project site and preserve habitat that will support viable owl populations. If burrowing owls are detected within the project area, mitigation measures to minimize and offset the potential impacts should be included as enforceable measures during the CEQA process. Mitigation actions should be carried out from September 1 to January 31, which is prior to the nesting season (Thomsen 1971, Zam 1974). Since the timing of nesting activity may vary with latitude and climatic conditions, this time frame should be adjusted accordingly. Although the mitigation measures may be included as enforceable project conditions in the CEQA process, it may also be desirable to formalize them in a Memorandum of Understanding (MOU) between the CDFG and the project sponsor. An MOU is needed when lands (fee title or conservation easement) are being transferred to the CDFG. Specific Mitigation Measures 1. Occupied burrows should not be disturbed (see Definition of Impacts section above) during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through non-invasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival. 2. To offset the loss of foraging and burrow habitat on the project site, a minimum of 6.5 acres of foraging habitat (calculated on a 100 m {approx. 300 ft.} foraging radius around the burrow) per pair or unpaired resident bird, should be acquired and permanently protected. The protected lands should be adjacent to occupied burrowing owl habitat and at a location acceptable to the CDFG. 3. When destruction of occupied burrows is unavoidable, existing unsuitable burrows should be enhanced (enlarged or cleared of debris) or new burrows created (by installing artificial burrows) at a ratio of 2:1 on the protected lands site. A qualified biologist should be employed to oversee the construction of the artificial burrows. 4. If owls must be moved away from the disturbance area, passive relocation techniques (as described below) should be used rather than trapping. At least one or more weeks will be necessary to accomplish this and allow the owls to acclimate to alternate burrows. All passive relocation should be conducted during the non-breeding season (September 1 through January 31) after winter surveys have been completed and prior to the start of construction by a qualified biologist. 5. Preconstruction surveys of suitable habitat at the project site(s) and buffer zone(s) should be conducted within 30 days prior to construction to ensure no additional burrowing owls have established territories since the winter survey and relocation process. If ground- Biological Resource Assessment 19 Gallaway Consulting, Inc.

disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site should be resurveyed. 6. The conservation easement holder will hire a qualified biologist (monitor) to conduct yearly monitoring of the preserve. The monitor will assess the artificial burrows for occupancy, stability, and accessibility. If the burrows have degraded and can no longer be used by burrowing owls, they will be repaired/replaced during the non-breeding season (September 1 st through January 31 st ) when the owls are not nesting and juveniles are not present. Passive Relocation - With One-Way Doors A qualified biologist should be obtained to assist in the relocation process. Owls should be excluded from burrows in the immediate impact zone and within a 50-meter (approx. 160 ft.) buffer zone by installing one-way doors in burrow entrances. One-way doors (e.g., modified dryer vents) should be left in place 48 hours to insure owls have left the burrow before excavation. Two natural or artificial burrows should be provided for each burrow in the project area that will be rendered biologically unsuitable. The project area should be monitored daily for one week to confirm that owls are either using the new artificial burrows or have relocated to an offsite location before excavating burrows in the immediate impact zone. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe should be inserted into the tunnels during excavation to maintain an escape route for any animals inside the burrow. Unoccupied burrows within the project area that have the potential to become occupied should also be filled in to prevent owls from inhabiting them. Migratory Birds Including Raptors The proposed project has the potential of disturbing nesting migratory birds in and in close proximity (<0.25 mile) of the BSA. Many raptors in the orders Falconiformes (hawks, eagles, and falcons) and Strigiforms (owls) and migratory passerines are protected under the MBTA. Nesting raptors are also protected under Section 3503.5 of the California Fish and Game Code. Therefore, a pre-construction nesting survey should be conducted April-May, or no more then 30 days prior to construction activities, to determine whether or not nesting migratory birds occur in, or in close proximity to, the BSA. Should nesting birds be observed, appropriate spatial and temporal buffers will be required by the USFWS and CDFG. City-Protected Trees Approximately ten beefwood trees (Casuarina cunninghamiana) with a diameter at breast height of >5 and five coast live oaks (Quercus agrifolia) <5 dbh occur onsite. Per the City of Davis Municipal Code, Chapter 37 Tree Planting, Protection, and Preservation, a Tree Removal Request and/or Tree Modification Permit must be issued pursuant to the procedures contained in Sections 37.02.050 and 37.02.070 of the code prior to removing protected trees, which includes landmark trees, trees of significance, and city-maintained trees. As beefwood trees >5 Biological Resource Assessment 20 Gallaway Consulting, Inc.

dbh are considered trees of significance, the project proponent must obtain a Tree Removal Request and/or Tree Modification Permit from the City of Davis prior to removing the beefwood trees onsite. V. Regulatory Framework The following laws and regulations were identified as possible constraints to development within the BSA based on the identified resources: California Endangered Species Act The CDFG has jurisdiction over species listed as threatened or endangered under Section 2080 of the CDFG. Section 2080 prohibits the take of a species listed by CDFG as threatened or endangered. The state definition of take is similar to the federal definition, except that Section 2080 does not prohibit indirect harm to listed species by way of habitat modification. To qualify as take under the state ESA, an action must have direct, demonstrable detrimental effect on individuals of the species. Impacts on habitat that may ultimately result in effects on individuals are not considered take under the state ESA but can be considered take under the federal ESA. Proponents of a project affecting a state-listed species must consult with CDFG and enter into a management agreement and take permit under Section 2081. The state ESA consultation process is similar to the federal process. California ESA does not require preparation of a state biological assessment; the federal biological assessment and the CEQA analysis or any other relevant information can provide the basis for consultation. The California ESA requires that CDFG coordinate consultation for joint federally listed and state-listed species to the extent possible; generally, the state opinion for the listed species is brief and references provisions under the federal opinion. California Fish and Game Code, Sections 3503.5 Under the Fish and Game Code, Section 3503.5, it is unlawful to take, possess, or destroy any birds in the orders Falconiformes (hawks, eagles, and flacons) or Strigiformes (owls). Take would include the disturbance of an active nest resulting in the abandonment or loss of young. California Fish and Game Code, Sections 3511 Fully Protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock. As used in this subdivision, "scientific research" does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. Biological Resource Assessment 21 Gallaway Consulting, Inc.