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HomeMy WebLinkAbout02160029_Sec05-03 Biological Resources Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-1 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc 5.3 - Biological Resources 5.3.1 - Introduction Information in this section is based on the following documents. These documents are contained within Appendix D of this EIR. • Biota Report, Paul Pruett and Associates, August 13, 2006. • Metropolitan Bakersfield Habitat Conservation Plan, April 1994. • Metropolitan Bakersfield General Plan, December 2002. This document is available for review at the City of Bakersfield Planning Department at 1715 Chester Avenue, Bakersfield, California 93301. 5.3.2 - Environmental Setting Methodology Studies of biological resources associated with the project site began with a review of relevant literature followed by a reconnaissance-level field survey. The reconnaissance-level survey provided documentation of the biological resources existing on the project site. Literature Review Scientific literature from the California Department of Fish and Game (CDFG) California Natural Diversity Data Base (CNDDB), including Rare Find 2 information dated March 1, 2003, and Rare Find 3 information dated March 3, 2006 were consulted to determine which sensitive plant and wildlife species occur on and in the vicinity of (approximately seven miles) the project site. The literature review provided a baseline from which to inventory the biological resources potentially occurring on and in the vicinity of the project site. Reconnaissance-Level Surveys A reconnaissance-level survey was conducted over all portions of the project site by Paul Pruett and Associates biologists for plants and animals on six different days between August 28, 2003 and January 14, 2004. An additional survey was conducted by Steven Pruett on June 30, 2006. Vegetation Survey Methods The methods of random search and line transects were used to survey the plant community. The entire project was surveyed by walking all perimeter and internal roads and by walking the western fallow land on approximately 100-foot intervals. Animal Survey Methods All fieldwork performed by Paul Pruett and Associates followed the general guidelines established by the California Department of Fish and Game, Region 4, dated May 8, 1990. Special attention was given to the location of potential kit fox den sites, possible kangaroo rat precincts, and to the possible presence of the Blunt-Nosed Leopard Lizard. Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-2 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc General Biological Resources The majority of the project site, along with the surrounding area, has been farmed since approximately 1970. At the time that the biological surveys were conducted by Paul Pruett and Associates, crops on the site consisted of onions, corn, and carrots. Farming activities, such as land leveling, have resulted in a lack of topographical features on the project site. In addition, no geologic features are present on the project site. In addition to agriculture, the site has been used for oil exploration and production activities from the 1930’s to the present. Oil field operations are located in the northern and southern portion of the project site. The soils on the site are Cajon loamy sand (0 to 2 percent slopes), Cajon sandy loam (overblown, 0 to 2 percent slope), Excelsior sandy loam, and Kimberlina fine sandy loam (0 to 2 percent slopes). Based on the literature review and field reconnaissance, the project site contains habitat that supports or potentially supports non-sensitive and sensitive plant and wildlife species. Following is a discussion of the onsite habitat and non-sensitive and sensitive plant and wildlife species. The sensitive plant and wildlife species are considered those species that have a special status designation by the U.S. Fish and Wildlife Service or California Department of Fish and Game. Vegetation The project site consists of agricultural habitat that includes active farming areas as well as fallow areas. Agricultural habitat is not considered a sensitive habitat. Therefore, the project site does not contain sensitive habitat. Non-Sensitive Plant Species Based on the field surveys, there were a total of 40 non-sensitive plant species found on the project site, including 11 non-native plant species and 29 native plant species. These plant species are identified in Table 3 in Appendix D. Non-Sensitive Wildlife Species A total of 19 non-sensitive vertebrate species including four mammals, 14 birds, and one reptile were observed during the field surveys on the project site. No amphibians were identified on the site during the reconnaissance-level surveys. These non-sensitive wildlife species are identified in Table 4 in Appendix D. Sensitive Plant Species No sensitive plant species were observed on the project site during the field surveys. Based on the literature review, three sensitive plant species listed on the CNDDB are known to occur in the vicinity of the project site (see Table 5.3-1). Following is a discussion of each of the three sensitive plant species. Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-3 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc • The Recurved Larkspur (Delphinium recurvatum). This species is not listed as threatened or endangered by either the federal or state agencies, but is a federal Species of Concern and tracked by the CNDDB as a California Native Plant Society (CNSP) 1B plant. Based on the literature search, the closest reported occurrence of this species is about six miles southwest of the project site, west of the James Canal between State Route 119 and Panama Lane, and it was reported in 1992. This species grows to approximately 85 centimeters and blooms during April and May. Based on the field surveys, no evidence of this species was found on the site. • San Joaquin Wooly Threads (Monolopia (Lembertia) congdonii). This species is listed as endangered by USFWS and as threatened by CDFG. Based on the literature review, the closest reported occurrence of this species is approximately three miles southeast of the project site, east of Highway 43. This species is yellow and is 5 to 30 centimeters. Based on the field surveys, no evidence of this species was found on the site. • California Jewel-Flower (Caulanthus californicus). This species is listed as endangered by both the USFWS and CDFG. Based on the literature review, the closest reported occurrence of this species is approximately three miles northeast of the site, and it was seen in 1900. This species is reported in the Paine Preserve about 15 miles northwest of the project site. It was transplanted in the Preserve in 1975. The species has leaves that are less than 11 centimeters and flowers that are 6 to 11 millimeters. Based on the field surveys, no evidence of this species was found on the project site. Table 5.3-1: Special-Status Plant and Wildlife Species Potentially Occurring on the Project Site Species USFWS CDFG CNPSC Plant Species Recurved Delphinium (Delphinium recurvatum) FSC — 1B San Joaquin Woolly Threads (Monolopia (Lembertia) congdonii) FEa — 1B California Jewel-Flower (Caulanthus californicus) FEa CEb 1B Wildlife Species San Joaquin Kit Fox (Vulpes macrotis mutica) FEa CTb — Tipton Kangaroo Rat (Dipodomys nitratoides nitratoides) FEa CEb — Tulare Grasshopper Mouse (Onychomys torridus tularensis) CSC — Burrowing Owl (Athene cunicularia) (Dipodomys nitratoides nitratoides) — CSC — Swainsons Hawk (Buteo swainsoni) FSC CTb — Tri-Colored Blackbird (Aegelaius tricolor) FSC — — Blunt-Nosed Leopard Lizard (Gambelia silus) FEa CEb — Western Spadefoot (Scaphiopus hammondii) FSC CSC — Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-4 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Table 5.3-1 (Cont.): Special-Status Plant and Wildlife Species Potentially Occurring on the Project Site Species USFWS CDFG CNPSC Western Pond Turtle (Clemmys marmorata) FSC CSC — Buena Vista Lake Shrew (Sorex ornatus relictus) FEa CSC — U.S. Fish and Wildlife Service USFWS Federal Listing Categories: FE Federal Endangereda FT Federal Threateneda FSC Federal Species of Concern California Department of Fish and Game CDFG State Listing Categories: CE California Endangeredb CT California Threatenedb CSC California Species of Concern FP Fully Protected California Native Plant Society (CNPS) Categories: c 1B Plants rare, threatened, or endangered in California and elsewhere. 4D Plants of limited distribution. a Protected under the Federal Endangered Species Act. b Protected under the California Endangered Species Act. c The CNPS is a private non-profit organization that works closely with CDFG throughout the state. CNPS-developed information serves as an important source of date for consideration by CDFG and USFWS in recommendations for listing of State or Federal threatened and endangered species. Source: Biota Report, Paul Pruett & Associates (2004). Sensitive Wildlife Species Two sensitive wildlife species, Athene cunicularia, burrowing owl, and Vulpes macrotis, San Joaquin kit fox were observed during the field reconnaissance surveys conducted by Paul Pruett and Associates. Based on the literature review, eleven sensitive wildlife species listed on the CNDBB are known to occur in the vicinity of the project site. Following is a discussion of each of these wildlife species. • San Joaquin Kit Fox (Vules macrotis mutica). This species is listed as endangered by USFWS and threatened by CDFG. Based on the literature review, Kit fox are known to exist in the general area. The MSHCP, Known Kit Fox Dens Map, November 1, 2004 shows dens along the east edge of Section 13. This area of the site is regularly disced and maintained for farming operations and no potential dens were observed during the field surveys. However, the onsite field surveys by qualified biologists discovered evidence of San Joaquin Kit Fox presence (i.e., typical kit fox and track) on the project site. • Tipton Kangaroo Rat (Dipodomys nitratoides nitratoides). This species is listed as endangered by both USFWS and CDFG. Based on the literature review, the closest reported species occurrence is approximately four miles northwest of the project site. This species has similar physical characteristics as another type of Kangaroo rat (Dipodomys nitratoides brevinasus). Based on personal communications with Dr. Dan Williams at California State University Stanislaus and Dr. David Germano at California State University Bakersfield, the Tipton Kangaroo Rat is located east of the California Aqueduct which is Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-5 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc located approximately five miles west of Interstate 5 in Valley Sink Scrub conditions while the Dipodomys nitratoides brevinasus are located west of the California Aqueduct along the foothills. Based on the field surveys, Kangaroo rat burrows exists on the project site. The burrow openings of the kangaroo rats on the project site as well as in the project vicinity are typical of Heermann’s Kangaroo Rat (Dipodomys heermanni). In addition, the MBHCP Baseline Map for Animal Species, dated October 23, 1997 does not list the project site as Tipton Kangaroo Rat habitat. The potential for occurrence on the project site is unlikely due to the extensive agricultural operations and lack of suitable habitat. • Tulare Grasshopper Mouse (Onychomys torridus tularensis). This species has no state or federal listing; however, it is designated by CDFG as a Species of Concern. Based on the literature review, he nearest reported occurrence of the Tulare Grasshopper Mouse is approximately 6 miles southwest of the project site, approximately 0.8 of a mile north and west of the Highway 119/Interstate 5 interchange. During the site surveys, some small mammal burrows were observed onsite, generally in banks along the raised roads. No mice were observed during these onsite surveys. The potential for this species to occur onsite is unlikely due to the extensive farming operations and lack of suitable habitat. • Burrowing Owl (Athene cunicularia). This species has no state or federal listing; however, the species are designated by CDFG as a Species of Concern and are protected by the Migratory Bird Act. Based on the literature search, there were three pairs of breeding owls reported approximately 0.5 mile southeast of the project site. In addition, Paul Pruett and Associates has seen Burrowing Owls in the grasslands approximately one mile east of the project site. During the site surveys, Burrowing Owls were observed in active burrows on the project site. • Swainson’s Hawk (Buteo swainsoni). This species is listed federally as a Species of Concern and is listed as threatened by CDFG. The species is also protected by the Migratory Bird Act. Based on the literature search, the closest reported occurrence of the Swainson’s Hawk is on the Kern River in 1992, very near the project site. No Swainson’s Hawks were observed during the field surveys on the site, however several large trees suitable for nesting sites exist on the project site. • Tri-Colored Blackbird (Agelaius tricolor). This species is not listed as threatened or endangered by either USFWS or CDFG; however, both the USFWS and CDFG has designated the species as a Species of Concern. The species is also protected by the Migratory Bird Act. Based on the literature review, this species is located in the vicinity of the project site. During the field surveys, no evidence was found of this species on the project site. Due to the infrequent use of portions of Sections 10 and 15 for water recharge, the project site exhibits some characteristics of a marginal marsh habitat; however, because the marginal marsh habitat Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-6 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc would be temporary, no suitable permanent habitat is provided on the project site for nesting for the tricolored blackbird. The closest suitable habitat occurs regularly north of the project site, within the riparian habitat of the Kern River. • Blunt-Nosed Leopard Lizard (Gambelia silus). This species is listed as endangered by both USFWS and CDFG. Based on the literature review, the closest reported occurrence of the Blunt-Nosed Leopard Lizard was in 1974 and is approximately five miles south of the project site, approximately two miles east of the State Route 119/Interstate 5 interchange. During the site surveys, there was no evidence of the Blunt-Nosed Leopard Lizard on the project site. In addition, the project site is not listed on the Metropolitan Bakersfield Habitat Conservation Plan Baseline Map Animal Species as Blunt-Nosed Leopard Lizard habitat. The potential for occurrence is unlikely considering the extensive agricultural operations and lack of suitable habitat. • Western Spadefoot (Scaphiopus hammondii). This species is not listed as threatened or endangered by either USFWS or CDFG; however, both the USFWS and CDFG has designated this species as a Species of Concern. Based on the literature review, no Western Spadefoot species have been sited in the vicinity of the project site; however, their range is throughout the Central Valley and adjacent foothills below 4,500 feet. It occurs primarily in grasslands but has been known to persist for a few years in orchards. During the site surveys, no Western Spadefoot species were observed. Furthermore, the project site does not provide suitable habitat because of the lack of water. The potential for occurrence of this species is unlikely given the lack of suitable, regular habitat. • Southwestern Pond Turtle (Clemmys marmorata pallida). This species is not listed as threatened or endangered by either USFWS or CDFG; however, both the USFWS and CDFG have designated this species as a Species of Concern. Based on the literature review, these species are known to occur in the Kern River. Based on the site surveys, no Southwestern Pond Turtles were observed. Furthermore, the project site infrequently provides marginal marshland habitat; however, due to this infrequency, the project site is not considered suitable habitat for this species. • Buena Vista Shrew (Sorex ornatus relictus). This species is listed as endangered by USFWS and is designated by CDFG as a Species of Concern. Based on the literature review, the closest known occurrence of this species is northwest of the project site in an area originally proposed as critical habitat by the USFWS, known as Unit 3. The USFWS chose not to include the Unit 3 site in the final critical habitat designation. Based on the site surveys, no Buena Vista Shrew were seen on the project site. Furthermore, suitable habitat for this species does not exist on the project site. • San Joaquin Pocket Mouse (Perognathus inonatus inornatus). This species is not listed as threatened or endangered by either USFWS or CDFG; however, CDFG has designated this Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-7 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc species as a Species of Concern. Based on literature review, the nearest recorded listing by the CNDDB is a 2003 occurrence approximately eight and a half miles northwest of the project site, south of the Pioneer Canal and north of the Kern River. No mice were observed during onsite surveys. Due to continued farming operations, no suitable habitat for this species exists within the project site. Therefore, the potential for occurrence of this species is unlikely given the extensive farming operations and lack of suitable habitat. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) (16 U.S.C. Section 703 et seq.) provides special protection based on various treaties and conventions for migratory birds. The MBTA, in particular, protects nesting activities. The MBTA and CDFG Code protect all migratory birds, including birds of prey such as hawks and owls that occur within the United States with the exception of the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. Waters of the United States and Waters of the States A jurisdictional delineation is typically conducted to determine limits of jurisdiction of United States Army Corps of Engineers (USACE) and/or CDFG on waters of the U.S. and waters of the state. Based on the reconnaissance-level surveys conducted by Paul Pruitt and Associates, there are no natural drainage features on the project site. The Kern River Canal is an artificially constructed and lined water conveyance canal. Wildlife Movement Corridor Wildlife movement corridors are commonly associated with a narrow corridor of habitat that connects two larger open space areas. The wildlife movement corridor in the vicinity of the project site is the Kern River. Although the project site is in close proximity of the Kern River, the project site is not considered part of the wildlife movement corridor due to the routine impacts of the onsite habitat from agricultural and oil production activities. Metropolitan Bakersfield Habitat Conservation Plan The project site is within the area covered by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The goal of the MBHCP is to acquire, preserve, and enhance native habitats which support endangered and sensitive species, while allowing urban development to proceed as set forth in the Metropolitan Bakersfield General Plan (General Plan). The MBHCP generally takes a broad ecosystem approach on conservation of endangered and other sensitive species and requires development fees to be paid as mitigation for impacts. These fees are used for the acquisition and management of lands for conservation which are held in perpetuity. The MBHCP also requires impact avoidance measures. The MBHCP establishes programmatic mitigation for project impacts on endangered and other sensitive species. The MBHCP is currently implemented under the terms of a USFWS Section 10(a) permit of the United States Endangered Species Act and the terms of a CDFG Section 2081 of the California Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-8 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Endangered Species Act. Implementation of the requirements in the MBHCP is overseen by an Implementation Trust, comprised of representatives from the City and County as administrators, USFWS and CDFG as mandatory advisors, and any other representatives added or consulted by the administrators and advisors. The group is responsible for determining preserve acquisition and management strategies and for directing use of mitigation fees collected by the City and County. Biological Resource Policies Based on a review of the biological resources policies provided in the Metropolitan Bakersfield General Plan and a review of the City’s ordinances, the following goals, policies, and ordinance are applicable to the proposed project. Conservation Element Policy 1 Direct development away from “sensitive biological resource” areas, unless effective mitigation measures can be implemented. Policy 2 Preserve areas of riparian vegetation and wildlife habitat within floodways along rivers and streams, in accordance with the Kern River Plan Element and channel maintenance programs designed to maintain flood flow discharge capacity. Kern River Plan Element The following policies are identified in the riparian vegetation and wildlife habitat issue area. Policy 2 All development proposals shall be evaluated by a competent biologist to identify any significant biological areas necessary for protection. Costs incurred under this procedure shall be borne by the applicant. Policy 3 Native vegetation shall be protected by minimizing the introduction of dominant nonnative plant species. All development proposals, except intensive agriculture, shall include a landscape plan to identify vegetation to be used on the site and the method of long-term maintenance of landscaped areas. The submitted landscape plan shall be used to verify acceptability of vegetation for use along the River. Those plants found not acceptable shall not be used. Policy 7 The plan area shall be considered to be entirely within a controlled leash law area. Policy 10 Projects proposed in the vicinity of the primary floodway shall be referred to the California Department of Fish and Game as required by State Law. City of Bakersfield Municipal Code (Ordinance 4338) 15.78.030 During the time the Habitat Mitigation Fee is in effect, prior to the approval of any urban development permit in the Metropolitan Bakersfield Habitat Conservation Plan program area, the City will collect a Habitat Mitigation Fee Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-9 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc 5.3.3 - Thresholds of Significance According to Appendix G of the State CEQA Guidelines, a project would normally have a significant effect on the environment if it would: • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service; • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 5.3.4 - Project Impacts and Mitigation Measures The proposed project would allow for the development of residential, commercial, recreational, and open space uses on the project site. Development of the project site would result in the permanent conversion of agricultural lands that may currently be used by some of the species identified above. Special-Status Species Impact 5.3.A: The proposed project has a potential to result in a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Plant Species Based on the literature review and field surveys, none of the three sensitive plant species that are known to occur in the project vicinity were found on the project site. In addition, the project site is routinely impacted by the existing agricultural and oil production activities. Therefore, implementation of the proposed project would result in a less than significant impact on sensitive plant species. Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-10 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Wildlife Species Based on the literature review and field surveys, two of the eleven sensitive wildlife species that are known to occur in the project vicinity were observed on the project site. The remaining nine sensitive wildlife species that are known to occur in the project vicinity were not observed on the project site. Due to the existing agricultural and oil production activities routinely impacting the project site, the infrequency of the site being used for water recharge, and the current marginal habitat quality of the onsite habitat, the proposed development is expected to result in less than significant impacts on nine of the eleven sensitive wildlife species. Since the San Joaquin Kit Fox and Burrowing Owl are known to exist in the general area, implementation of the proposed project could result in a significant impact on these species. Mitigation Measures 5.3.A.1 Prior to grading plan approval, the project applicant shall pay a Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of Bakersfield Municipal Code and MBHCP. 5.3.A.2 Prior to grading plan approval on the approximately 2,182-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the City regarding San Joaquin kit fox. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: • A pre-construction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. • Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. • Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. • Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every 0.25 mile. Slope of ramps shall be no steeper than 1:1. • All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-11 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. • All employees, contractors, or other persons involved in the construction of the project shall attend a “tailgate” session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special-status, a summary of applicable environmental law, and measures intended to reduce impacts. A report summarizing the date, time, and topics of the “tailgate” session, list of attendees and identification of qualified biologist conducting session shall be submitted to the Planning Director within 10 days of the “tailgate” session. • All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. 5.3.A.3 Since kit foxes are known to exist in the general area, it is recommended that all construction personnel involved in initial ground disturbance receive sensitive species instruction prior to initial ground phases of construction. Any evidence, such as dens, should be avoided and reported to the reviewing agencies for resolution. 5.3.A.4 Prior to grading plan approval for the approximate 2,182-acre site, the project applicant shall comply with the following raptor nest mitigation: • If site grading is proposed during the avian nesting season (February to September), a focused survey for avian nests shall be conducted by a qualified biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. • If construction is proposed to take place during the nesting season (February to September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist). Habitat containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October to January). • Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur in accordance with the Migratory Bird Treaty Act. Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-12 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Level of Significance After Mitigation Less than significant. Natural Habitats Impact 5.3.B: The proposed project would not result in a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. Implementation of the proposed project will eliminate approximately 2,182 acres of land that is mostly in agriculture with some areas that contain non-native valley grassland. No riparian habitat is located on the project site. The agriculture and non-native valley grassland are not considered sensitive habitat. Furthermore, the project site has been routinely impacted as a result of the agricultural and oil production activities and is considered marginal in terms of habitat quality. Therefore, the loss of these habitats would result in a less than significant impact. Mitigation Measures No mitigation measures are required. Level of Significance After Mitigation Less than significant. Jurisdictional Areas Impact 5.3.C: The proposed project would not result in a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Based on the field surveys, there are no natural drainage features on the project site. The Kern River Canal crosses the site in a northwest to southeast direction; however, this canal is artificially constructed and lined and has no riparian habitat. Therefore, there are no areas on the project site that would qualify as jurisdictional waters by either the U.S. Army Corps of Engineers or CDFG. Implementation of the proposed project would not impact jurisdictional waters. Mitigation Measures No mitigation measures are required. Level of Significance After Mitigation No impact. Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-13 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Wildlife Movement Impact 5.3.D: The proposed project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Based on the literature review and the field surveys, the Kern River is a wildlife movement corridor that is located in the vicinity of the project site. Although the project site is in close proximity of the Kern River, the project site is not considered part of the wildlife movement corridor due to the routine impacts of the onsite habitat from agricultural and oil production activities. In addition, the project site does not have trees suitable for raptor nesting species. Therefore, the implementation of the proposed project would not affect wildlife movement. Mitigation Measures No mitigation measures are required. Level of Significance After Mitigation No impact. Policies or Ordinances Related to Biological Resources Impact 5.3.E: The proposed project would not conflict with local policies or ordinances protecting biological resources. Table 5.3-2 provides a discussion of the project’s consistency with the City’s land use goals and policies contained in the General Plan and the City of Bakersfield Municipal Code. As discussed in Table 5.3-2, the proposed project would be consistent with all of the relevant land use goals and policies set forth in the General Plan and in the Municipal Code. Therefore, less than significant impacts to land use goals and policies would occur with project implementation. Table 5.3-2: Consistency of the West Ming Specific Plan with the Metropolitan Bakersfield General Plan Goals and Policies, Ordinances West Ming Specific Plan Consistency Metropolitan Bakersfield General Plan Conservation Element Policy 1 Direct development away from “sensitive biological resource” areas, unless effective mitigation measures can be implemented. Consistency Implementation of the proposed project will eliminate approximately 2,182 acres of land that is mostly in agriculture with some areas that contain non- native grassland habitat. No riparian habitat is located on the project site. The agriculture and non-native grassland are not considered sensitive habitat. Project Impacts Biological Resources West Ming Specific Plan - Draft EIR 5.3-14 Michael Brandman Associates H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Table 5.3-2 (Cont.): Consistency of the West Ming Specific Plan with the Metropolitan Bakersfield General Plan Goals and Policies, Ordinances West Ming Specific Plan Consistency Policy 2 Preserve areas of riparian vegetation and wildlife habitat within floodways along rivers and streams, in accordance with the Kern River Plan Element and channel maintenance programs designed to maintain flood flow discharge capacity. Consistency Based on the field surveys, there is no riparian habitat located on the project site. In addition, the project site is not located within the floodway of the Kern River. Furthermore, the proposed project includes the extension of the existing Kern River levee along Ming Avenue to the future embankment of the West Beltway. Activities on the project site would not affect the maintenance programs designed to maintain flood flow discharge capacity within the Kern River. Kern River Plan Element Policy 2 All development proposals shall be evaluated by a competent biologist to identify any significant biological areas necessary for protection. Costs incurred under this procedure shall be borne by the applicant. Consistency Potential impacts on biological resources from the development of the proposed project were evaluated by Paul Pruett & Associates in a Biological Assessment of Vegetation and Wildlife prepared in April 2005. Paul Pruett & Associates is considered competent in assessing potential impacts from urban developments. Policy 3 Native vegetation shall be protected by minimizing the introduction of dominant nonnative plant species. All development proposals, except intensive agriculture, shall include a landscape plan to identify vegetation to be used on the site and the method of long-term maintenance of landscaped areas. The submitted landscape plan shall be used to verify acceptability of vegetation for use along the River. Those plants found not acceptable shall not be used. Consistency Implementation of the proposed project will not result in the removal of native habitat. The project includes the extension of the existing Kern River levee along Ming Avenue to the future embankment of the West Beltway. The project includes landscaping within the West Ming Specific Plan located south of the existing and future levee. The presence of the levee as well as Ming Avenue which is proposed as a 110-foot wide right-of-way would provide an adequate setback of project vegetation from existing vegetation within the Kern River floodway. Policy 7 The plan area shall be considered to be entirely within a controlled leash law area. Consistency The portion of the project site north of the existing Kern River Canal is proposed with residential uses. This area will be required to comply with a controlled leash law. Policy 10 Projects proposed in the vicinity of the primary floodway shall be referred to the California Department of Fish and Game as required by State Law. Project Impacts West Ming Specific Plan - Draft EIR Biological Resources Michael Brandman Associates 5.3-15 H:\Client (PN-JN)\0216\02160029\DEIR 9-1\02160029_Sec05-03 Biological Resources.doc Table 5.3-2 (Cont.): Consistency of the West Ming Specific Plan with the Metropolitan Bakersfield General Plan Goals and Policies, Ordinances West Ming Specific Plan Consistency Consistency The proposed project is located south of the primary floodway of the Kern River. The project will be required to comply with the MBHCP by paying fees as well as implement pre-construction measures. The MBHCP is currently implemented under the terms of a USFWS Section 10(a) permit of the United States Endangered Species Act and the terms of a CDFG Section 2081 of the California Endangered Species Act. No further coordination with CDFG is required at this time. City of Bakersfield Municipal Code (Ordinance 4338) 15.78.30 During the time the Habitat Mitigation Fee is in effect, prior to the approval of any urban development permit in the Metropolitan Bakersfield Habitat Conservation Plan program area, the City will collect a Habitat Mitigation Fee. Consistency In accordance with the City’s Municipal Code, the project applicant will be required to pay the Habitat Mitigation Fee prior to the approval of urban development permits for the proposed land uses within the West Ming Specific Plan. Mitigation Measures No mitigation measures are required. Level of Significance After Mitigation Less than significant. Adopted HCP or NCCP Impact 5.3.F: The proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The project site is located within the boundaries of the adopted MBHCP. To comply with this plan, the project applicant shall comply with the plan’s mandatory requirements which are to pay a Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of Bakersfield Municipal Code as well as implement pre-construction measures. Implementation of the proposed project as well as complying with the MBHCP mandatory requirements would not conflict with the MBHCP; therefore, no impacts would occur. Mitigation Measures No mitigation measures are required. Level of Signific5ance After Mitigation No impact.