HomeMy WebLinkAboutItem 6.1 Fallon Crossing Attach 7, Section 2
BIOLOGICAL RESOURCES ANALYSIS
FOR THE
MISSION PEAK PROPERTY
ALAMEDA COUNTY, CALIFORNIA
Prepared for:
STANDARD PACIFIC HOMES
3825 Hopyard Road, Suite 195
Pleasanton, California 94588
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
3127 Vistamont Drive, Suite ]00
San Jose, California 95118
Phone: (408) 448-2322 - FAX (408) 448-2010
Contact: Jeff Olberding
JULY, 2004
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TIJU8Uf'{ rllU~WNG
TABLE OF CONTENTS
1.0
INI'RODUCnON
. . . . . . . . . . . . I
2.0
LOCATION . . . .
.1
30
PROPERTY DESCRIPTION
. . . . . . . . . . . . . . . . I
40 REGULATORY SETTING. .......... ..... ....... . ...2
4.1 Fcderal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. I. I Plants and Wilillife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.1.2 Wetlands/Waters ....................... . . . . . . . . .2
4.1.3 Migrator)! 8ird Treaty Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
4.2 State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.2. I Plants and Wildlife ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.2.2 Wetlands/Waters ....... . . . . . . . . . . . . . . . . . . . . . 5
5.0 METHODS OF ANALYSIS FOR GENERAL BIOLOGrCAL RESOURCES . . . . 5
5.1 Plants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5.1.1 RevlewofLiteratureandDataSourccs........................... 6
5. 1.2 Field Surveys ........ . . . . . . . . . . 7
5.2 Wildlife. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.2. I Rcview of Literature and Data Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.2.2 Pichi Surveys .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES . . . . . . . . . . . . . . . . . . . 7
61 Plants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6.1. I Floristic Inventor)! and Habitat Characterization. . . . . . . . . . . . . . . . . . . 8
6.1.2 Specwl-Status Plant Species ................ . . . . . . . . . . . . 10
6.2 Wildli fc ........................................................ 12
6.2.1 Gencral Wildbfe ,s)Jecies and Habitats.......... ...............12
6.2.2 ,s)Jccial-Status Wildlife 5)Jecies ....... . . . . . . . . . . . . . . . 13
7.0 CONCLUSIONS . . . . . . . . . . . . . . . . . .. ..... . . . . . . . . . . . . . . . . . 18
71 Wetlands ...... .............18
7.2 Special Status Plants ...... . . . . . . ............. 19
7.3 Special Status Wildlife. ....... . . . . . . . . . . . .. .......... . . . . . . 19
8.0
RECOMMENDA nONS. . . .
.20
90
LITERATURE CITED
.23
"
ATTACHMENTS
ATTACHMENT NO. I
FIGURES
Figure No. I. Regional Map
Figure No.2. Vicinity Map
Figme No.3. USGS Quadrangle Map for Livermore and Tassajara
Figure No.4. Site Map
ATTACHMENT NO.2
TABLES
Table No. I. Plant Species Observed Within/Adjacent to the Survey Area
Table No.2. Wildlife Species Observed Within/Adjacent to the Survey
Area
Table No.3. Special-Status Species Occurring in the Livermore and
Tassajara 7.5 Minute Quadrangle Maps
ATTACIlMENTNO.3
SITE PHOTOGRAPHS
ThiS report should be cited as: Olherding Environmental, Inc. July 2004. Biological Resources AI/a/rsis(ol" the Missioll Peak
l'ropenr. A/allleda COIIII!Y, California. 24 pp plus allachlllcnts. Prepared for Standard PacifiC Homes, Plcas:1nloll, California
iii
1.0 INTRODUCTION
At the request oCStandard Paci fic Homes, Olbcrding Environmental, Inc. has conductcd a biological
resourccs analysis of the Mission Peak Property (Property), located outsidc the City boundary of
Dublin, within A lamcda County, Calif(lrnia. This biological analysis includes a rcview ofpr-eviously
prepared biological rcports/information, pertinent literature on habitat characteristics oCthe site, and
a rcview of information rclated to species of plants and animals that could potentially utilize the
described habitats. This biological resources analysis includcd a review of relcvant background
information, including the California Natural Diversity Dat(!3ase (CNDDB) and the Califomia
Nativc Plant Society's (CNPS) 1nl'entOl)' a/Rare and Endangered Vascular Plants of California,
as wcll as field investigations conducted in January 2003 and April 2004. This rcport doeumcnts
thc methods, rcsults and conclusions for the rcconnaissancc level biological rcsourccs analysis for
the Property.
2.0 LOCATION
The Mission Peak Propcrty is located on the east sidc ofTassajara Road, north of the city of Dublin.
The property is found approximately 2.5 miles north of the Highway 580 and Tassajara Road
interchange. The sitc is situated at the tirst bend in the road way whcre it curvcs cast to cross over.
thc East Fork of Tassajara Creek. The Propcrty is located in Alamcda County, just south of the
Contra Costil/Alallleda County line. The East Fork of Tassajara Creek forms the northwestern
boundary of the site, Tassajara [Zoad Corms the westem border, and fence lines form all other
boundaries. Attachment I, Figure I depicts thc regional location of the property in Alameda
County. Attachment 1, Figure 2 illustratcs the vicinity ofthc property in relationship to the City of
Dublin. Attaebment I, Figure 3 identifics the location ofthc propcrty on the USGS 7.5 Quadrangle
Map for Livermore.
3.0 PROPERTY DESCRIPTION
The Property eonsists of undeveloped grazing lilnds that have steep to moderately steep topography
ranging in eleviltion fiOtn approximately 700 feet at the northeastcl1l eorner of the Property to 470
feet along Tassajara Road. No buildings occur on the Property. The hillsides support non-native
annual grassland throughout the site and smaller patches of native pcrennial grassland habitat arc
found on the north facing slopes. The wcstCl11 edge of the propcrty, adjaccnt to Tassajara Road, is
relatively flat with a slight slope hom east to west. A series of hills are fouud on the majority of the
property extending to the eastern boundary from thc flatter areas along Tassajara Road.
The land is used Jor eattle pasturc which leaves little or no vegetation in some areas where high
traffic occurs. Thc lands to the north, cast and south are similarly uscd for pasture and are separated
li.om the Property by barb wirc fences. One residence is located west ofTassajara Road, across from
the propcrty, and one residence is found on thc land to the south of the parcel. The Eastem Fork of
Tassajara Creck llows northeast to southwest along tbe northwestern property boundary. This area
supports sparse riparian vegetation which has been impacted by grazing cattle resulting in a lack of
under story vegetation. An unpaved, gravel access road parallels the East [Oork oCTassajara Creek
onto tbe Property from Tassajara Road and terminates approximately 600 feet into the site.
. .
There are two eonstrneted pond features within thc Property boundaries. The first pond has been
constructed as part of a recent mitigation mcasure. The pond is located at the bottom of an
intennittent drainagc originating from two hillside seeps. This pond consists ofa constructed bcrm
and spillway placed across the drainage. The second pond is a construetcd stock pond located to the
east of the East Fork crcek channel. This pond feature has been fenced to exelude cattle grazing and
... is surrounded by thick cnlergent \velland vegetation.
4.0 REGULATORY SIi;TTTNG
4.1 Federal
4.1.1 Plallts alld Wi!dlif"
The federal Endangered Species Act (ESA) of 1973 (1 G USC 1531 et SC'!., as amended) prohibits
federal agencies fiom authorizing, permitting, or funding any action that would result in biological
jeopardy to a plant or animal species listed as Threatened or Endangered undcr the Act. Listed
spccies are taxa for which proposed and final rules have been published in the Fedcral Register (U.S.
Fish and Wildlife Service [USFWS], 2002a and 2002b). If a proposed project may jeopardize listed
species, Section 7 of tile ESA rcquires consideration of those species through fonmd consultations
with the lJSFWS. Federal Proposed speeics (USFWS, 2002c) are species Cor which a proposed
listing as Threatened or Fndangeredunder ESA bas becn published in the Fcderal Registcr. 1f a
proposed project may jeopardize Proposed species, Section 7 ofthc ESA affords consideration of
those species through informal conferences with USFWS. The USFWS dcfines federal Candidate
species as "those taxa for which we bave on file sufficient information on biological vulnerability
and threats to support issnance of a proposed rulc to list, but issuance of the proposed rulc is
precluded by other highcr priority listing actions." (USFWS, 2002e). ['ederal Candidate species are
not afforded formal protection, althongh USFWS cncourages other federal agencies to givc
consideration to Candidate species in environmental planning.
4.1.2 Wetlallds/Waters
Thc Cederal govelllment, acting through the U.S. Anny Corps of Engineers (Corps) and the
Environmental Protection Agency (EPA), has jurisdiction over all "waters oCthe United States" as
autborized by 0404 ofthe Clean Water Act (CW A) and 010 of the Rivers and Harbors Act of I 899
(33 CFR Parts 320-330). Projects that cause the discharge of dredged or fill material into watcrs of
the United States rcquire permitting by the Corps. Actions affecting small arc as of jurisdictional
waters of the United States may quali Iy few a Nationwide Permit (NWP), provided conditions of the
permit arc met, such as avoiding impacts to threatened or endangered speeics or to important cultural
sites. Projects that affect larger areas or which do not meet the conditions of an NWP require an
:'
Individual Permit. The proecss for obtaiuing an Iudividual Permit requires a detailcd alternatives
analysis and development of;\ comprehensIve mitigation/monitoring plan.
Waters of the United States arc classified as wctlands, navigable waters, or other waters. Wetlands
are transitional habitats betwcen upland terrestrial arcas and dcepcr aquatic habitats such as rivcrs
and lakcs (Cowardin ct a!., I97'J). Undcr federal regulation, wctlands arc defined as "those areas that
arc inundated or saturated by surface or ground watcr at a frequency and dnration sufficient to
support and that under nOllnal conditions do support a prcvalence of vegetation typically adapted for
lifc in saturatcd soil conditions" (33 CFR Part 328.3[b]). Swamps, marshes, bogs, fens and cstuaries
arc all defined as wetlands, as are seasonally-saturated or inundated areas such as vernal pools, alkali
wetlands, seeps, and springs. In addition, portions of the riparian habitat along a river or strea11lmay
be a wetland where the riparian vcgetation is at or below the ordinary high water m'lrk and thus also
meets the wetland hydrology and hydric soil criteria.
Navigable waters include all waters snbjeet to the ebb and now of the tidcs, including the open
ocean, tidal bays, and tidal sloughs. Navigable waters also include somc large, non-tidal rivers and
lakes which arc important for transportation in eommcrce. The jurisdictional limit over navigable
waters extends laterally to the entire water surlacc and bed of the waterbody landward to the limits
of the mean high tide line. For non-tidal rivers or lakes which have been dcsignated (by the Corps)
to be navigable waters, thc limit of jurisdiction along the shoreline is defined by the ordinary high
water marlc Othcr waters refer to waters of the United States other than wetlands or navigable
waters. Other waters include streams and ponds, which arc generally open water bodies and are not
vcgetated. Other waters can be percnnial or intermittent water bodies and waterways. The Corps
regulates other waters to the outward limit oflhe ordinary high water marlc Strcams should exhibit
a defined channel, bed and banks to be delineated as other waters.
The Corps does not generally consider "non-tidal drainage and irrigation ditches excavated on dry
land" to be jurisdictional waters 01' the United Statcs ( and such ditches would therciore not be
rcgulatcd by the Corps (33 CFR Parts 320-330, November 13, 1986). Other areas generally not
considered juriscJictionalwaters include: 1) atiifieially irrigated areas that would revcrt to upland
habitat ifthe irrigation ceased; 2) artificial lakes and ponds created by excavating and/or diking of
dry land to collect and retain water, used exclusively for such purposcs as stock watering, irrigation,
settling basins, or rice gro\Ving~ 3) wnstc trcatll1Cnt ponds; 4) ponels formed by construction activities
including borrow pits until abandoned; and 5) ponds crcatcd for aesthetic reasons such as reflecting
or ornamcntal ponds (33 CPR Part 328.3). However, the preamble afso states that "the Corps
reserves the right on a casc-by-casc basis to determinc that a particular watcrbody within these
categories" can be regulated as a jurisdictional water. The EP A also has authority to dctermine
jurisdictional waters ofthe U.S. on a ease-by-case basis. Riparian habitat that is above the ordinary
high water mark and does not meet the three-paramcter criteria for a wetland, would not be regulated
as jurisdictional waters of the United States.
3
4.1.3 MigratOl:Jl Bird Treaty Act
Raptors are migratory bird species protected by international treaty under the Migratory Bird Treaty
Aet (M BT A) of 1918 (I6 IJ.S.C. 703-7 I 1). The MRT A makes it unlawful to take, possess, buy, sell,
purchase, or barter any migratory hird listcd in 50 C.P.R. Part 10, including feathers or other parts,
nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Scctions
3503,3503.5, and 3800 of the California Department ofFish and Game Code prohibit the take,
posscssion, or destruction of birds, their nests or eggs. Implementation of the take provisions requires
that project-rclated disturbanec at active nesting telTitorics be reduced or eliminated during critical
phases oC the nesting cycle (March I - August 15, annually). Disturbance that eauses nest
abandonment and/or loss oC reproductive eCfort (e.g., killing or abandonment oC eggs or yonng) or
the loss oChabitat upon which the birds depend is considered "taking" and is potentially punishable
by lines and/or imprisonment. SuehJaking would also violate federal law protecting migratory birds
(eg., M13TA).
4.2 State
4.2.1 Plants and Wildlife
Project permitting and approval requires compliance with Calilo111ia Environmcntal Quality Act
(CEQA), the 1984 Cali Cornia Endangcrcd Species Act (CESA), and the 1977 Native Plant Protection
Act (NPPA). The CESA and NPPA authorize the Cali Cornia Fish and Game Commission to
designate Endangered, Thrcatcned and Rare species and to regulate the taking of these species
(1)1)2050-2098, Fish & Game Codc). The Calif0111ia Code of Regulations (Title 14, 1)670.5) lists
animal species considered Endangered or Threatened by the state.
The Natural Heritage Division oflhe California Department ofFish and Game (CDFG) administers
the state rare species program. The CDFG maintains lists of designated Endangered, Threatened, and
Rare plant and animal species (CDFG, 2000a and 2000b). Listed species either were designated
undcr the 1\rpp A or designated by the Fish and Game Commission. In addition to recognizing three
levels of endangerment, the CDFG can afford interim protection to candidate species while they are
being revieyvcd by the Fish and Game COll1l1lissioll.
The CDFG also maintains a list of animal species of special concern (CDFG, 2(02), most of which
arc species whose breeding populations in California may face extirpation. Although these species
have no Icgal status, the CDFG recommends considering them during analysis of proposed project
impacts to protect declining populations and avoid the need to list them as endangered in the future.
Under provisions of I) 15380(cl) of the CEQA Guidelines, the project lead agency and CDFG, in
making a determination of significance, must treat non-listcd plant and animal species as equivalent
to listed species if such species satisfy the minimum biological criteria for listing. In general, the
CDFG considers plant species on List IA (Plants Presumed Extinct in California), List IB (Plants
Rare, Threatened, or Endangcred in California and elsewhere), or List 2 (Plants Rare, Thrcatened,
or Endangered in California, But More Common Elsewhere) oflhe California Native Plant Society's
4
\ \ -I
.< cI I
(CNPS) /nventorv a/Rare and Endangered Vascular Plants of California (Skillncr and Pavlik 1994)
as qualifying for legal protection under 0 I 5380(d). Spceies on CNI'S List 3 or 4 may, but generally
do not, qualify for protection under this provision.
Sensitive habitats include riparian corridors, wetlands, habitats for legally protected species and
CDFG Species of Special Conccrn, areas of high biological diversity, arcas providing important
wildli fc habitat, and unusual or regionally restricted habitat types. Habitat types considered sensitivc
, . --
include those listcd on the California Natural Diversity Dat2J3ase's (CNDDB) working list of "high
priority" habitats (i.e., those habitats that are rare or endangered within the bordcrs of Cali fomi a).
4.2.2 Wetlands/Waters
The Regional Watcr Quality Control Board (R WQCB) regulates activitics in wetlands and other
waters through 0401 ofthc Clean Water Act. Seclion 401 requires a slate watcr quality certification
fix projects subject to 404 rcgulation. Requirements of the certification include mitigation for loss
oCwetland habitat. In the San Francisco Bay region, the 1<' WQCB may take the lead over the Corps
in delcnnining wetland mitigation rcquirements. California Fish and Game Code 00 I 600-1607
require the CDFG be noli fied of any activity that could affcet the bank or bed of any stream that has
value to Jish and wildlife. Upon notification, the CDFG has the discretion to execute a Streambed
Alteration Agreement. The CDFG dcilnes streams as follows:
.. 0 hody ofwater tlwtflows at least periodically.. Ihraugh a bed or channel having hanks
and supportingjisl1 and other aquatic I{{e. This includes watercourses having a subslII.face
flow that supports or has supported riparian vegetation. " (Califomia Department of Fish
and Game r.ake and Streambcd Altcration Program).
In praetice, CDFG authority is extended to any "blue line" stream shown on a USGS topographic
map, as wcll as unmapped channels with a deJin,ible bank and bed. \VetIands, as defined by the
Corps, nccd nol bc prescnt for CDFG to excrt authority.
5.0 METHODS OF ANAL YSIS FOR GENERAL BIOLOGICAL RESOURCES
A special-status plant and wildlife spceies data base search and review was conducted using the
CNDDB. An additional search was conductcd for special- status plants using Califomia Nativc Plant
Society Inventory on Line (CNPS). Special-status species reports were accesscd by searching the
CNDDB data base by the Livermore and Tassajara 7.5 minute quadrangle maps rcpresenting the
Property. The data base report identified spccial-slatus species known to occur in the region or have
the potential to oecur in the Property vicinity. The CNDDB report was used to focus special-status
species analysis of the site prior to the field reconnaissance survey.
Olbcrding Environmental condllcted a reconnaissancc level survcyofthe Prop crt yon January 23 and
24,2003. Additional spccial-status specics were performed separately by Live Oaks Associates in
April 2004. Survcys conducted by Live Oaks Associates were performed in association with
.5
reporting obligations for miligalion ponds created on the property. The results of these surveys are
referenced in this document. Thc reconnaissance level survey performed by Olberding
Environmental consisted of walking throughout Ihe Property and evaluating the Property and
adjacent lands for potential biological resources. Existing conditions, observed plants and wildlife,
adjacent land use, soils and potential biological resource constraints were recorded during the visit.
Plant and wildlife species observed within and adjacent to the Property during the reconnaissance
survey arc included in Attachment 2, Tables I and 2.
The objectives of this survey were to determine the presence or absence of special-status species
habitat listed in the CNDDB ckrta-l3rte6,report and to document the potential for special-status species
10 occur on site. In addition, Olberding Environmental looked for other polential sensitive species
or habilats which may not have becn obvious from background data base reports or research.
Surveys conductcd after the growing season or conducted outside of the specific flowering period
for a special-slatus plant cannot conclusively determine Ihe presence or absenee of such plant
spccies; therefore, site conditions and habitat type were used to dctcIll1ine potential for oceurrcnce.
When suitable habitat was observed 10 support a special-stalus plant or animal species it is noted in
the diseussion for that particular species. However, the observation of such. plants and animals on
site is not necessary to make the determination that suitable habitat is present. Regulatory agencies
evaluate the possibility of occurrence based on habitats observed on site and the degrce of
connectivity with other special-status animal habitats in the vicinity of the Property. These factors
are discussed in each special-status plant or animal section.
5.1 Plants
Thc purposes of the botanical survcys were (]) To characterize the habitat types (plant communities)
of the study arca; (2) To detenl1ine whether any special-status plant species, or suitable habitat for
any special status plant species, occurs within the study area; and (3) To determinc whether any
sensitive habitat types (wetlands) occur within the study area.
5.1.1 Revie,,, of Literature aHd Data Sources
"1"<'- "\(/{1--<"'~
Fl(~an~rom Olberdi~~g En:,J1:'?l1111ental eonducted focused surveys ofhterature and speeial-statns
species data bases in order to identify special-status plant species and sensitive habitat types with
potential to ocjcur in the s(tJuS~y Sarea. Sourecs reviewed include: CNDDB oceurrencerecords for thc . (; j
Llvermore all( TassaJara ,Ci, 7.5 quadrangles; CNPS Il/vel/lOl)' (~1G11iier andPavhk4~94) for the
---_.j
Livermore and Tassajara quadrangles; and standard floras (Munz and Keck 1973; Hrckman 1993).
Sources consulted for agency status information include USFWS (2002a, 2002b) for federally listed
species and CDFG (2002a) for State of California listed species. Based on information [j.omlhe
abovc sources, Olberding Environmental developed a target list ofspecial-stalus plants with potential
to occur in the vicinity of the Propcrty (Attachment 2, Table 3).
6
5.1.2 Field SUl"I'cys
a)ji)-~_",,{~,
An Olberding Environmental botanist conducted a rs:..~()lltJaissance level sL/6ey to determine habitat
types and the potential for special-status plants based on the observed habitat types. All areas of the
Property were walked on January 23 and 24, 2003. Vascular plant spccies that were identifiable at
thc time thc survey were recorded and identified to the species level using kcys and descriptions in
Hickman (1993).
Thc habitat types occurring on the Property were eharacteri,.ed according to preestablished
categories. In classifying the habitat types on thc site, the generalized plant community classification
sehel1les of Bay lands Eeosystem Species and Coml1lunity Profile (2000) (Goals Project (2000)) was
consultcd. The final classi fieation and characterization ofthe habitat types of the study area were
based on field observalions.
5.2 Wildlife
The purposes of the wildlife surveys were to identi fy special-status wildli fe species and/or potential
special-status wildlife habitats within the study area.
5.2.1 Rel,ic)!' of Literature and Data Sonrces
A focused review oflitcraturc and data sources was conducted in order to determiue which speeial-
status wildlife species had potential to occur in the vicinity ofthe Property. Current agency status
information was ohtaincd from USFWS (2002b, c) for species listcd as Thrcatcned or Endangered,
as wcll as Proposed and Candidate species for listing, under the federal ESA; and from COFG (2002,
2002b) for specics listed as Threatened, or Endangered by the state of California under the CESA,
or listed as "spccies of special concern" by CDFG. From the above sources, a list ofspecial-statns
wildlife spccies with potcntialto occur in the project vicinity was dcveloped (Attachment 2, Table
3).
5.2.2 Field Sliney,
Gel1erallVildlife SlIr!'e)! - Olberding Environmental biologist conductcd surveys of species habitat
within the entire study area, including visible portions ofthe adjacent properties on January 23 and
24,2003. The purpose of habitat survcys was to evaluate wildlife habitats and the potential for any
proteetcd speeics to oceur on or adjaccnt (0 the Property.
6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES
The search and review of the CNODB data basc reports rcvcaled the oecurrenec of speeial-status
plant onel wildliCe species that occur in non-native annual grassland habitats and perennial creeks or
drainages.
7
A total offifteen(I 5) plant and fourteen (14) animal species were identified by the CNDDB data base
and background data research as potentially OcculTing ill the Livermorc and Tassajara quadrangles,
of which a total of five (5) plant and eleven (11) animals may have the potential to occur on the
Property based on general habitat t}lJes. Many of the plant and animal species identified by the
CNDDB in the quadrangles require a specific habitat micro-climate that was not present within the
Property. A complete list of the spccial-status species reported by the CNDDB is provided in
Attachment 2, Table 3.
Species reported as potentially OCCUlTing on the Property based on existing habitats on site included
five plants: big tallJlant (Bleplwrizonia pllllllosa ssp. plllmosa), Iarge-Ilowcred liddlencck (Amsillkia
gmlllhflom), diamond-petaled Califomia poppy (Eschscholzia rhombljJetala), round-leaved filaree
(Eradilllllmocraphyllllm) and Congdon's tarpIant (/-fcmizollia ponyi ssp. (ol1gdollii).
Eleven wildlife specics were identificd as potentially occurring on the Propeliy. Wildlife species
included the San Joaquin kit fox (Vl//pcs macrotis mlllica), burrowing owl (Spcotyto cl/Ilicl/laria),
northenl halTier (CirclIs c)"allclIs), red-tail hawk (!illlco jamaiccnsis), American kestrel (Falco
sparvcrills), golden eagle (Aqllila c!llysaetos),tri-colored black bird (Agclail/s tricolor), horned lark
(Ercmophia oll'estris IIctia), wcstern pond turtle (Clemmy.I' marmoratll), California tiger salamander
(Amhystollw cahfonllellse), and Calil(JrJlia red-legged frog (Ranll aI/ram dmytollii).
6.1 Plants
6.1.1 Floristic Il1vel1tOl:J! "l1d [{"bitat Characterizatiol1
<;,1. y,
The Property supports eight habitat types: non-native annual grassland, native perennial grassland,
intermittent drai llage swale, Creek channel, stock pond, and seep.
NOll-Native Alll1ual Grasslulld - Non-native grassland habitats on the f'roperty resemble the non-
native annual grassland as described in the Goals Project 2000. The vegetation observed in thc
annual grassland habitat consists of species typical to highly disturbcd habitats and eonsists oCnon-
native weed species. The dominant grassland species on the hi Ilsides ofthe property consisted 0 C soft
chess (Dranllls hordcaceous), rip-gut brome (Dramus dillndrl/s), wild oat (Avena [lItl/a),
1\1editerranean barley (J /onlcl/m llIUrillllm var. gl/ssoncallUln) and ftalian rye grass (Lolium
mull/f/orum). Forb species found intermixed with the grasses consisted of annual weeds sueh as
prickly lettuce (Lllctl/clI seriola), dove geranium (Gcranil/llImolle), field bind wecd (Convolvl/ll/s
IIrvcnsis), yellow-starthistle (Centlll/rea solstitilllis), black mustard (JJmssicllnigra), and dove weed
(Fremocarpus setigerous).
Native Percnllial Grasslal1d -The vegetation on the north facing slopes diffcred sligbtly from the
south and west facing hillsides as perennial blue rye grass (Elymus glaucl/s) composed 50 percent
ofthe vegetation. The change in vegetation was significant enough for the native perennial grassland
habitat to be distinguished from tbe dominant annual grassland babitat. Tbis babitat was found on
the north face oCthe northern most hillside and on the north slope ofthe second bill line (to the south
of the north property line). Tn addition to grasses, native forb species were observed to have
8
germinated on the north Jilcing slopes but wcre not identifiable to the species level. Dicots such as
butter cup (Ralll/ncl/ll/s sp.), larkspur (Dc/phil/iI/ill sp.), soap root (Chlorogall/lIl sp.), owl's clover
(Cas/illeja sp.), sanicle (Swllcl/la sp.), clarkia (Clarida sp.) and others were obscrved to be growing
on the north facing slopes.
IlItermittent Drainaf{e SIl'ale - Shallow intermittent drainage swales allow for the drainage of the
hills on the Propet.ty and bci litate [low itl a northeast to southwest dircction. The swales (Sw,de No.
1 and2) discharge into a constructed stock pond. These swales are fed by two sceps that providc
water to the system after stormwatcr runolT has ceased. Boih swale features are intermittent,
however, a longer period of water Jlow occurs in these waterbodys due to the influence ofthc two
seeps upstrcanl.
Swale No. I was observed to contain patches of spike rush (Eleocharis lIlacros/achya) and salt grass
(Dis/ichlis splcata) which are perennial plants, thus reflecting the longer period of water saturation
in the systcm. Water was observed to trickle down the channel during a winter survey. Sw,de No.
2 is slightly incised at several locations and contained several lill1i1ed areas were vegetation was
lacking
Triblltarl'to Tassa;a/'{/ Creek (Perennial Creek) - The East Fork ofTassajara Crcek is defined by
a vcry deeply incised bcd and bank. Approximately 1,460 linear feet ofthe channel occur along the
northwestern property line. The active ehanncl averages approximately 5 fect wide and lies
approximately 20 fect bclow the top of the hank. A narrow f100d terrace is also loeated along
portions ofthe Creek adding an average of') additional Icct to the channeL The slopes of the banks
approach vertical, however, a few locations occur that are less steep allowing access to the channel.
Scollr is ongoing along the hanks of the channel and there is a lack of channel vegetation. The
portion of the channel in the Property arca and direelly downstream appears to suffer from a very
high erosion rate. Water was flowing downstream at the time of the survey with water depth
averaging approximatcly four inches. AIToyo willow (Solix lasiolcpis) and valley oak (Quercl/s
lobata) are found along the active portion ofthe channel and up to the top ofthe bank. Elderberry
(Sall1lnll.'us mexicall(f) and coyote brush (Bocchari.l' pilularis) were also observed as seeondary
species in the corridor and were the only understory components along the channel. Several mature
blue gum (Eucull1Jtlls glob1l11ls) occur on the top of the cast bank and within the channel. Fine
gravel material and silt are found in thc bed of the Creek. Where Tassajara Road crosses the Creek,
a large cormgated metal culvert transports flows beneath the roadway. Approximately 1,200 feet
southwest Ii-om the Property, the East Fork ofTassajara Crcek joins the main channel oCTassajara
Creek.
See/! - Two seeps occur on intermittent drainage swale No. I supporting salt grass (Distich lis
spicat(f), spike rush, and rabbit's foot grass (Polvpogoll 1l1Ol1.speliensis). Associate plant species
observed in the seeps consisted ofMcditerranean barley and Italian rye grass. Both features were
similar, exhibiting comparable soils, hydrology and vcgetation. Water was observed to trickle from
both sceps and innundation and saturation was documented. Seep No. 1 is located in the
northeastern corner of the property. Seep No.2 is located north of the stock pond (Pond No.1) on
the west sidc of the swale.
9
Stock Po//!I - Stock pond No.1 has becn constructed at the termination ofSwalc No.1 and No.2.
This fcature is located at the eastem portion of the property. The pond is approximately 70 x 99 feet
in size and is approximately one to four feet deep. The vegetation within the pond consists of
emcrgcnt plants such as water plantain (/llisl1Ia plantago-a{fuatica) and spike rush (Elcocharis
l1Iacrostach)'a). The edges ofthe pond did not support vegetation duc to the fluctuation in watcr
levels that precluded the germination of seeds. A rock and concrctc spillway was constructed to
allow water to shect flow across the site during storm cvents.
Stock pond No.2 is located along the east bank of the tributary to Tassajara Creek in the
northwestern corner ofthc Property. This pond was recreated in the spring of2001 and planted with
lieshwater marsh and riparian species such as cattails (TVIJ/W latifalia), three square (SCllpUS
IImer/callus), arroyo willow, westem sycamore (l'latllnus racel1losa), and cottonwood (Populus
frcl1IlIlItii). The pond is approximately 9,2RO square feet (58' x 160') in size. Pond depths range from
sevcral inchcs along the edgc oCthe pond to 13 feet deep near the center.
6.1.2 Special-Statlls Plant Species
Attachment 2, 'fablc 3 presents a list of special-status plants with potential to occur in the immcdiate
vicinity of the Property based on a review ofthe quadrangles. Those species which wcrc identiJicd
in the CNDDB as occurring in thc vicinity of the Propcrty are discussed below.
Special-status plaut species include spceies listed as Rarc, Thrcatened, or Endangcrcd by the USFWS
(2002a) or by the Statc of California (CDFG, 2002a). Federal Proposed and Candidate species
(USI'WS, 2002b) are also special-status species. Spccial-status species also include species listed
on List I A, List I B, or List 2 of the CNPS Inventory (Skinner and Pavlik, 1994). All species in the
above categories fall under state reglllatory authority under the provisions of CEQA, and may also
fallundcr federal regulatOlY authority. Considered special-status species arc species included on List 3
(Plants About Which We Need More InfOJ111ation ^ Review List) or List 4 (Plants of Limited
Distribution. ^ Watch List) of the CNPS Inventor)!. These species are considered to be of lower
sensitivity, and gencrallydo not fall Llllder speeiJic state or federal reguIat01yauthority. Specific mitigation
considerations are not generally required for species in this cMcgory.
The special status plant species identi fied by the CNDDB as potentially occurring in the Property arc
known to gTOW only U.om specific habitat types. The specific habitats or "micro-climate" necessary for
the various plant species to occur are not found within the boundaries of the subject Propeliy. Tbe
habitats necessary for the CNDDB rep01ied plant species consist of valley and foothill grassland,
eisl1lontane woodland, chapatTal, coastal scrub, alkaline Hats, coastal dunes, and marshes or swamps.
Those species [or which a prerequisite habitat is required and sueh habitat was not found on the Propeliy
were not included for detail analysis. Five ofthe fifteen species wcrc identificd with the potential for
occurrence on the Property. The special-status plants reviewed lor the Propeliy included the following
five species:
/0
Bi2 Tarplant (/iIQJllllrizonia fJllllllosa ssp. fJI1l1ll0sa). CNPS Ill.
Big tarplant is found in valley and foothill grassland babitats, cspeeially in dry bills and plains in annual
grasslands. This plant has often been sighted in burned areas. Tbis very tall annual is a member of the
sunflower family and exhibits white flowers approximately one inch wide that arc bom on glandular
stems. The vegetative portion of the plant is gray-green. The annual grassland habitat that is thought to
support this plant species consists ohmtilled annual grasslands such as found on grazing or range lands.
Arcas where this plant has been obscrved support common annual grassland species such as documentcd
on the Proper1y. Tbc non-native annual grassland on thc Prop8riy is suitable habitat to support this
species. This species was not observed during surveys conducted in January 2003.
Lar2e-llowered Fiddleneck (AlIlsinkia r;rtlndiflora). Federally Endan2ered. State Endml2ered.
CNPS lB.
Largc-flowered fJddlcneck is an annual herb tbat exhibits red-orange flowers that approacb one inch in
sizc. This species is found in annual gnlsslands on various soil types, but is currently known fi.om only
three populations. The Jcpson Manual indicates this species is presumed extinet in the Antioch area. The
plant is howcver in cultivation and is being successfully recstablished in sornc areas. It is recorded to
grow in association with non-native and native grasses. CNDD13 records hom 1996 document this
specics approximately six miles northcast ofthe site in Los Vaqueros, approximatclytwo miles south of
Round Valley. This plant IVas obscrved within !oo.azed bo.assland and oak woodland habitat. The annual
grassland habitat that is found at the Property is suitable for the occurrence oflarge-flolVered tiddlcneek,
however, this spccies IVas not observed on the Property.
Diamond-petaled California Poppv (EsclIsc/lOlzia rlIo111/Ji/letala). CNPS IE.
Diamond-petaled California poppy is a smaller annual poppy species that is described by the ./epson
Manual as possibly extinct. This plant has a barrel shaped recept3c1e and yellow petals. The petals are
between a halfto thrcc quarie,.s oran ineh in length. This plant IVas formerly known from seven sites 3l1C!
last known to occur in Alameda County. The CNDD13 reference fl.)r this plant is historical from 1889.
If tbis plant is to be rcdiscovcred rt would be found in grassland habitats such as found witbin the
Property. No evidence of this species was discovered duJing recent surveys.
Round-leaved Filaree (Erodiul1l I1UlCro/lhl'llu111). CNPS 2.
Round-leaf tilaree is an annual herb that blooms between March and May. This species is found within
cismontanc woodland and valley and foothill grassland, mostly on clay soils. Most collections and
records of this plant are historical and tield work is needcd to clarify taxonomy. As the name implies,
this specics exhibits a vcry round Ieaftbat lacks divisions such as observed in the othcr spceies within the
gencra. This spccies was recorded to thc nor1h of Properiy in grassland on clay soils. The grassland
habitat found in the Propcrtywould be considered suitablc to support this speeies. This species was not
observed during surveys conducted in January 2C103.
It
Con2don's Tarplant (HellliW/lia IJWTl'i ssp. cO/lf!do/lii). CNPS 1 B.
Congdon's talvlant is a member of the sunflower family and exhibits yellow [Jowers on vegetation that
has bristle-tipped leaves. The plant is an annual spccies and grows on the ground as well as in an upright
form. This species of tar plant grows on alkaline and clay soils in valley and foothill grassland habitats.
It blooms between June and November. The CNDDB identifies this species on the east side ofTassajara
Road, 2.2 milcs north ofTnterstate 580. This location is south from the Property by only three tenths or
a mile. Therc were 9600 plants obscrved in 1998 at this location. Seep No.1 located in the nOlihwestem
corner of the Propeliy was observed to contain a few dcad Hcmizonia plants that were not idcntiliabIe
at the time of the snrvey. Also the arca on thc south side of thc Califomia red-legged tiog pond was
observed to suppOli a lew fjelllizonia plants. Dne to the known occurrences nearby, it may be possible
the fJcmizonia observed on the Property is Congdon's tal1)la111. Fm1her surveys during the blooming
period would be necessary to determine the species on the Property. The site contains suitable habitat
to suppOli this plant and fnrthcr investigations arc nccessary to dctell11ine the presence or absence of this
species. No evidcnce of this species was discovcrcd dnring recent surveys.
6.2 Wildlife
6.2.1 General Wildlife Species ami Habitats
Attaehlllent 2, Table 3 prescnts a list of spccial-statns wildlife species with potential to occnr in the
project area. Spccial-statlls wildlife species inelude species lis(ed as Rarc, Threatcned, or Endangered by
the USFWS (2002b & 2002c) or by the Slate ofC'alifornia (CDFG, 2002b). Those species which were
identIfied in the CNDDB as OCCUlTing in the vicinity ofthe Propeliy arc discussed below. Thrce speeial-
status species were observcd on the Property during surveys conducted in Janumy 2003. The rap tors
nOlihern harrier (Circus (yalleus), red-tail hawk (Buteo jalJ/aicensis) and Amcriean kcstrel (Falca
'pallwius) werc observed on thc site. Results of Live Oaks Associates surveys in Apli12004, identiJied
the presence ofCalifolllia tiger salamanders in tbe upper stock pond (Pond No.1). Califomia red-legged
Jiogs werc also observed by Olberding Environmental in April 2004 within the East Fork oCTassajara
Creek, directly adjaecnt to the Mission Peak Propeliy.
NOII-Natil'e A/lllual Grasslalld alld Native Perellllial Grasslalld - Botta's pocket gopher (771OlJ/Omys
bolla e) and meadow voles (Microtlls calijorniclls), subspecies unknown, tunnel tailings were observed
in the non-native grassland habitat in the study area. The grassland areas are also home to an abundant
ground squilTel (5jJcrmophillls becchyi) population with dozens of burrow sites and animals. Burrows
within the ~".assland could provide cstivation habitat for CTS. The identification of smaIlmamlllals in
these grassland arcas makes them potential foraging sites for raptors such as hawks and owls, and other
predators such as snakes and kral cats (Felis COlllls). While not observed, t)1Jical reptile species in this
babitat could include western lienee lizard (Sceloporlls occidentalis), and gopher snakes (Pitllophis
cotcmfcr). Passerine birds (having Jeet adapted to perching) noted in the non-native grassland included
the westclllmeadowlark (Stllrne/la ncglccta), yellow-rumpcd warbler (Dendroica corona/a), morning
dove (/eel/aida macrollra), and blaek phoebe (Sayomis nigricolls).
/2
East Fork of Tassaiara Creek - Thc tiparian habitat provided in the crcek conidor is used by many
spccies duc to the prescuce ofvegctation covcr and potential food sources. Mammals such as raecoou
(Procyon IOlor) and opossum (Didelphis virginillna) usc the corridor for local movcment, food and cover,
but were not actually obscrved on thc site. Thc westcrn pond tUlile and the California red-leggcd frog
are known to be on the site and use habitats within the riparian areas. Also, numerous bird species are
found in the creek conidor as there is an abundant food source of insects within the trces. The hirds
observed along the creek corridor consisted of spottcdtowhee (Pipilo maculallls), Cahfomia towhee
(Pipilo crisslllis), whitc-breasted nuthatch (Sitta carulillcllsis), and plain titmouse (Parus inornatlls) to
name a few. Please see Table 2 of Attachment 2 f()r a complete hst ofwildlifC obscrved on the Propeliy.
Stock Ponds - Two stock ponds arc located on the Properly. Both ponds provide a source of longer
duration ponding Il,r usc by wildlifc species. These ponds would also providc suitable breeding habitat
for aquatic specics such as California red-legged hog and Califomia tiger salamander.
6.2.2 !))Iecial-Sllllns Wildlife Species
The search and revicw of the CNDDB data basc reports rcvealed the oceUlTencc ofspccial-status plant
and wildl i fe species that occur in vernal pools and swales, annual grassland, scrubland, woodlands, valley
and foothill hardwood fl>rest, ponds, stl.eams, and other semi-penllancnt watcr bodies. Attachment 2,
Table 3 providcs a summary of allthc species that appear on the CNDDB, their status, and habitat
requirements. Based on thc results of surveys conducted in January, cleven wildliie species have been
identified has having potential to occur on the Property.
Various protected raptors such as the golden eagle, bU1Towing owl, nOlihelll hanier, red-tail hawk, and
American kestrel could potentially nest and forage on the ProPCt1y. Species such as the San Joaquin kit
arc described bclow, but arc not likely to occur on site duc to habitat limitations. The California red-
legged frog, California tiger salamander and the western pond tutile arc known fi.om the site. Thc
Jollowing discussions on special-status wildlife includcdthe following species:
Golden Eagle (Aquila chrl'sactos) California Special Concern Species.
The golden eagle is dark brown with fcathers on the head and hind neck that are amber brown and tipped
with light tan. The wings are mottled with buff-white feathers. The beak and claws are black, but the
toes arc yellow. Females are usually larger than males. The golden eagle is an uncommon permanent
residcnt and migrant throughout Calilornia, except in thc center of the Central Valley. It ranges J]-Ol11 sea
level up to 11,500 feet and is typically found using habitat consisting of rolling foothills, l110untain arcas,
sage-juniper flats, and deseti. The golden eagle eats mostly rabbits and rodents, but also takcs other
mammals, birds, reptiles, and some canion. The golden cagles diet is the most vatied in non breeding
season. This raptor needs open ielTain for hunting such as grasslands, deserts, savannahs, and early
successional stages of forest and shrub habitats. When hunting these birds soar at 98-297 feet above
ground in search of prey, or makes low, quatiering flights, often 23-26 feet above the ground.
Occasionally, the golden eagle searches for prey items from a perch and flics directly to prey while other
times, they pirate food hom othcr predators. Hunting in pairs apparently is common for the goldcn cagle.
13
Golden cagle nesting has been recorded by the CNDDB bctween 1988 and 2003 in the hills to the
south cast ofthc Property. The record indicates that the nesting sites are approximately onc and one half
miles southeast ti-om the Propcrty. A pair of golden cagles have been observed to produec young and
move nesting sites fi-om year to year within a small vicinity just north ofthe Dublin Ranch Development.
The grasslands on the Property, complete with abundant rodents for an cxeellent prcy basc, provide
suitable loraging habitat lor the golden eaglcs. The site is likely uscd fix foraging throughout the year
by golden eagles. No golden eagles were observed during the reconnaissance survey but it is probable
thesc raptors have foraged over the Property. No suitable ncsting locations arc found on the property [(X
golden eagles. There are thrcc eucalj1)tus trees on the Tassajara Creck corridor but this site is already
occupied by a pairofnesting red-tail hawks. Ncsting golden eaglcs could utilize the blue gum e\lcalj1)tus
i fthc trccs became available, but sincc a nesting terTi tory alrcady cxists to the north cast ofthe site, the
onsite trees may not be attractive.
California Horned Lark (Eremop/Jia alpestris aetia) California Sllccial Concern Sllecies.
The horncdlarks'heads arc crowned by two small hlack feathcrs of "homs" fi.om which this species
derlves its cornmon name. Thesc feathers arc not always visihle. Other distinctive fcaturcs of this bird
include black cheek stripes and a black hand below a patch of yellow that spaus the throat. Calilornia
horned larks have a white underbody and black tail. This coloration is somcwhat less distinct in females
ane! juvenilcs. The homed lark is a common to abundant resident in a vmicty of open habitats and is
usually observed where trces and large shrubs arc absent. These birds arc found fi.om grasslands along
the coast and deselts near sca level to alpine dwarf-shrub habitat above the trce line. In winter, residcnt
nocks in desert lowlands ;lnd other areas arc 311gnlcntcd by wintcr 1111grants, and 111clllY birds ll11b'Tatc fi"()111
outsidc the state. Grasscs, shrubs, forbs, rocks, I itter, clods 0 f soil, and other surface irregularitics provide
covcr. In Califomia the horned lark is a year round resident. Alter breeding, these birds become very
gregarious and often foons large nocks that forage and roost together.
The horned lark is recorded by the CNDDB as occurring on the cast side ofTassajara Road and nOlth of
1-580 which places potential occurrences within thc Property. A zone of occmTenee is indicatcd on the
CNDDn maps in which thc horned lark have been observcd. This zone includes the Property. The
grasslands and hillsides within the Propcrty arc well within the parameters of preferential habitat for this
species. It is highly likely lIoeks of homcd larks pass through thc site to forage. The habitat on the
property is suitable to SUPPOlt brceding and foraging homcd larks. This species was not observed on site.
\\'estern Pond Turtle (ClellllllVs lIla/'lIlorata). California Special Conecrn Sllecies.
The western pond turtle is a thoroughly aquatic turtle that may be found in marshes, ponds, strcams and
inigation ditches where aquatic vegetation is present. The tl11tlcs rcquire basking sites and suitable upland
habitat for egg laying. Suitablc breeding upland habitats may consist of sandy banks or grassy open
fields. The western pond tmtle has a dark brown to olive colored carapace that lacks promincnt markings.
The CNDDn has documented the western pond turtle within Tassajara Creek approximately 0.5 miles
nOlth ofthe ^ lal1leda/Contra Costa County linc. A Iso, thc t1utle has bccn observed dowustrcam liOln the
Propelty in Tassajara Creek in the area bctwecn tl1e rcgional park and the new dcvelopment arcas. Tlie
western pond turtle has becn observed within the East Fork ofthc Tassajara Creek charmcl during past
/4
site surveys. The habitat in tbe East Fork ofTassajara Creck is suitable to suppOli the westcrn pond turlle
and tbis specics has been obscrved in the portions of the channel within tbe Pmperty.
California ..ed-Ie~~ed fro~ (Raila allrora dravtollii). Federallv Threatened. Califomia Special
Concern Species.
California red-legged hog (CRLF) is a State Species of Concern and is Fcderally listed as threatened.
The CRLF is found in lowlands, foothill woodland and b~.asslands, near marshes, lakes, ponds or other
waier sources. These amphibians require dense shrubby or emergent vegetation closely associated with
deep still or slow moving water. Generally tbese fj.ogs favor intermittent streams with water at least 2.5
feet decp and where the shoreline has rclatively intact emergent or shoreline vegetation. The red-legged
frog is known j1-OIn streams with relatively low gradients and those waters wbere introduced fish and
bullfmgs are absent. The red-Icgged fiog occurs west of the Sierra Nevada-Caseadc and in the Coast
Ranges along the cntire length of the state. CRLF have been documcnted within the East Fork of
TassaJ'lra Creek, as well as in the main channel. Numerous sightiugs havc bcen documented over the
past five years in the region and inelude locations upstream and downstream from the Propeliy along tbe
Tassajara Creek and it's tributaries. In addition, CRLF bave been recorded within stock ponds and
seasoual drainages in the surmunding bills. CRLF have been doeumcnted ii.om the East Fork of
Tassajara Creek yearly within tbe past three years and are known to brccd in the pond located in the north
east corner ofthe site. CRI ,F egg masses were observed duringthe.Ianuary site visit, cmiflrming brceding
in 2003. Surveys performed on the adjaeent propeliy to the nmih in 2004 resulted in the observation of
California red-legged fi.ogs in the channel. CRLF havc becn determined to occur on the Property and arc
presumcd on site.
California Ti~er Salamander (AlIlbl'stol11a cali(iJmiel1se). Federal Endan~ered Santa Barilara.
Proposed EJ](hll1~ered Sonoma Connty.
The U.S. Fish and Wildlife Service has recently extend emergency protection to the Sonoma County
population of the Califoll1ia tiger salamander (CTS) under the Endangered Species Act. This action,
listing the salamander as endangered, immediately protected the salamander and its habitat upon its
publication in the Federal Register in late 2002. The emergency listing will remain in effect for 240 days
while thc Service makes a final decision on a proposal to list tbe Sonoma County population ofCTS as
an endangered distinct population segment under the nOl1nallisting process. ^ species is designated as
endangercd if it is at risk of becoming extinct throughout all or a significant p0l1ion of its range in the
foreseeable future. Although the CTS is not federally listed in Alameda County, it is possible it could
become listed in the future.
The CTS is a large and stocky amphibian with a broad. rounded snout. Males may reach about eight
inches in length, and females measure nearly seven inches. They have white or pale yellow spots or bars
on a black background. Their undersides can vary hom almost unifol111 white or pale yellow to a varying
pattern of white or pale yellow and black.
/5
CTS utilizc bU1TOWS created by small mammals, cspecially ground squirrels and pocket gophers. Adult
CTS spend an average of six to nine months pcr year intbe burrows, where they await the an.ival of fall
or winter rains. The loss of burrow systems is a significant threat to the eontinucd existence ofthe CTS.
The CNDDB identifies many CTS reeords in the Livcl1nore quadrangle. There are two sites with CTS
witbin one and one halfmile of the Propelty. One site is located along Doolan Road, approximately 2.5
miles north oflnterstate 580, northwest of Livermore. The other record places the amphibians on the
west side of Tassajara Creek, approximately 0.6 miles nOltb of the Santa Rita County Rehabilitation
Center. There are fivc records of CTS along tl\iSlnterstatc 580 which place them over two miles south
of the Property. The reeords for CTS span bet~veen 1970 to 1999. The majority of the records are
between 1997 and 1999. Live Oaks Associates conducted CTS surveys in April 2004. Two larval CTS
were detected in the upper stock pond (Pond No. I). Breeding babitat has been confirmed on the
I'ropcrty. It would therefore, be assumcd thllt the upland habitat SUlTOllllding the pond is suitable
estivation habitat.
Red-tailed Hawk (Buteo ;al11aicellsis). State Protected.
The red-tail hmvk is a large buteo that is distinct due to the red color of it's tail fcathers in contrast to the
brown color of it's body. Not all red-tail hawks exhibit the distinet coloration on their tail and gradations
may occur especially in young birds. Red-tail hawks hunt rodents by sOaJing over grassland babitat. Nest
trees lor red-tail hawks arc usually tall trees with a well developed canopy that include a strong branching
structure on wbich to build a nest. Red-tail hawks could forage in the grassland babitats found on and
immediately adjacent to the Property. The blue gum eucal)11tus trees adjaecnt to the East Fork of
Tassajara Crcek are currently being used by a pair of red-tail hawks to nest. Nesting activity was
obsct.ved dllling the late Januat.y 2003 8nd April 2004 surveys.
American Kestrel (Falco sfJarl'erills). Statc Protected.
The American kestrel is the smallest of rapt or species and is distinct due to it's diminutive size and black
b81Ting on its head. The female kestrel is slightly larger than the male bird and is differentiated by its
brown and red coloration. The male kestrel is slightly smallertban the female and has grey wing patches
near the top ot' the wing. Kestrels utilize cavities in trees for nesting and hunt small rodents and
sometimes small birds. American kestrels wcre observed foraging on the Property and could also find
the trees on tbe PropC11y highly suitable for ncsting.
Burrowing Owl (S/leotl'to clIuiclIlaria). California Species of Concern.
In the U.S., the bun.owing owl is identified as a "candidate" species by the u.s. Fish and Wildlife Service.
In California, they are considered a "species of special eoneem." As a candidate species, blllTowing owls
reecive no legal protection under the Endangered Species Aet (I~SA). Candidate species are animals and
plants which may warrant official listing as threatened or endangcred, but there is no eoneiusive data to
give them this protection at the present time. However, this species docs reccive some legal protection
fiom the U.S. through the MigratOlyBird Treaty Act, which fixbids the destruction ofthe birds and aetive
nests.
/6
Burrowing owls are b~m\l]d dwelling members of the owl family and arc small brown to tan colored birds
with bold spots and barring. Burrowing owls generally require open annual grassland habitats in which
to nest, but can be found on abandoned lots, roads, airports and other urban areas. The burrowing owl
generally uscs abandoned ground squirrel holes for their ncsting burrow, but are also known to use pipes
or other debris J()r ncstingpuqJoses. Burrowingowls prcfer annual grassland habitats with low vegetativc
cover. The breeding season Jar bUITowlng owls occurs liOln March tllrough August. Burrowing owls
o ftcn nest in loose colonics about 100 yards apal1. They lay 3 to 12 eggs fi.ommid-May to early June. The
1Cmale incubates thc clutch Ex about 2S days while the malc provides her with lood. The young owls
begin appearing at thc burrow's cntranee two weeks after hatching aud leave the ncst to hunt for insects
on their own after about 45 days. Thc chicks can ily well at 6 weeks old.
Burrowing owls havc been documented in northern and n0l1heastern Livermore in grazed grassland
habitats. Thesc owls are located several miles east l1-om the PropcJ1y and were documented in 1978 and
1997. The habitat on the Property is suitable lor burrowing owl nesting and foraging. Thcre is an
abundance of ground squirrel colonies on the sitc that could be used by a nesting pair olburrowing owls.
The short grassland habitat is optimal for hunting. A burrowing owl survey conducted in early February
2003 did not identi fy burrowing owl use o[(he site, but the Property remains suitable Jar these rap tors.
Northern Harrier (Circus C!'aueus). State Protected.
Thc northem hanicr is a slim raptor with thin wings and a long tail. This raptor is distinct duc to it's low
ilightpallcm over the landseape as it glides over open lands hunting rodcnts. The female nOJ1hem harrier
is brown while the male is grey and white. Both sexcs exhibit a whjte rump patch in all stages of
plumage. The northern hanier is a ground nesting raptor that utilizes dense or thick grasses or weeds for
cover. The Property contains grassland habitat that is suitable fCJr foraging and ncsting northen haniers.
Onc female nOlihern harrier was observed loraging ovcr thc middle ofthe PropeJ1y and could potentially
brccd withinlhe annual gl.assland on the site ifthe cover reaches a height suitable to cloak a ground nest.
Currcntly grass heights are low on thc PropeJiy and would not provide enough cover for a nest site.
Adjacent lands may support a nesting pair at this time that arc hunting on the PropeJiy.
San Joaquiu Kit Fox (VilIfies lI1{{crotis IIll1tica). Federally Endan!!ered. State Threatened.
The San Joaquin kit fox (SJKF) has a slim body with large, conspicuous cars, and a long, bushy, black
tipped tail. [t is the smallcst canid species in North America. The SJKF lives in annual grassland habitats
whcre friable soils arc present in which they may exeavate den sites. The general habitat requirement for
the kit fox is annual grasslauds or grassy open habitat stages with scattered shrubby vegetation. Food
rcquirements for the SJKF are rodents, insects, and evcn garbage in urbanizcd areas. Grassland habitats
with a large rodent prcy basc and loose textured soils are thought to provide the best habitat for the SJKF.
A large band of potential habitat is indicated as a conidor in which the SJKF may occur in the nOJihem
one third of the Livermore quadranglc map. The PropeJiy is located within this band idcntificd for
potential SJKF mj;~.ation. The corridor that has bcen identified as potential habitat for the SJKF by the
CNDDB was developed by using a one mile radius around specific point locations where seat or a den
site was documented. The composite of all the point locations for S.O<F overlaid together during a 20
17
yearpetlod combined to deline the corridor that has bcen idcntified by the data base. The goal oCthc data
base was to identify a habitat zonc lor SJKF rather than unrelated point locations, as the SJKF is highly
mobile and will use a larger area than what a point location would represent.
The Property lies within the northwestern range for S.IKF according to the CNDDB data base. Speci fic
rccords for S.I!(F indicate these animals were observed in DATE. Thc most recent obscrvation of kit fox
was during DATE. The site contains habitat that is suitable for the SJKF but does not represent the most
preferred habitat available. There is a high number of ground squirrels that could be hunted, but the soils
on the Property are heavier clay types that are not easily t1t11neled into by a larger mammal sueh as the
S.IKF. The prcfened soils in which these mammals burrow are looser, fj-jable typcs with a sandy
component. No sign or SJKF were detected during surveys conducted in January 2003.
Tricolored Blackbird (A!!e!aills tricolor). CDFG Species of Special Concern,
The tricolur blackbird is a passerine that is all black with a red shoulder patch bordercd by while. Thcse
birds live in large Doeks throughout the year and arc nomadic during the winter. Tricolored blackbirds
willjoin very large Docks composed of Brewer's blackbirds and red-winged blackbirds. These birds are
ilpproximalely 8.5 inches in size and nest within marshes, sW~lmps, or other ti.esl1watcr seasonal wetland
habitats with cover. The annual grassland on the Property does provide ample winter roraging habitat.
During the January 2003 surveys, large flocks of tricolored black birds were observed foraging on the
grassy hillsides especially where cattle leed had been spread on the ground. It was estimated that over
300 tricolored blackbirds wcre moving through the site in a large Dock composed of reel-wingcd
blackbirds and European starlings. Flocks on the sitc were observed to contain between 600-700 birds
consisting of a combination all the aforementioned species. One smaller Dock was also observed
eomposed primarily oftlieolored blackbirds containing approximately 200 individuals.
The CNDDR identifies three ncsting locations ill the Livennore quadrangle for tricolored bbckbirds. Tbe
cattails formed around stock pond No.2 may be suitable tor a small numbcr of tricolored blackbirds, but
could not support a ncsting colony due to thc small size or the marsh. Thc site contains excellent
lor<lging habitat lor wintering activity but lacks highly suitable nesting habitat lor the trieolored blackbird.
7,0 CONCLUSIONS
7,] Wetlands
Based on the results of field surveys conducted by Olberding Environmental on J anumy 23 and 24, 2003,
several CotVS regulated features were identified within the boundmies of the Propet1y. These features
included an intermittent drainage channel, one perennial creek channel, two stock ponds, amI two seep
features. The extent of Corps jurisdiction was vcrified June 24, 2003.
Areas idcnti lied as potential wetlands were dominated by vegctation commonly associated with wetland
plant eommunities and containcd soils associated with saturated or hydric conditions. ln addition to
wetland vegetation and soils indicators, hydrological indicators were readily visible in the form oft1o\vlng
/8
water, ponded wilter, and saturation. Identification of potential waters includes the presence of a defined
bed and bank and the 8bscnce orwctIand vegetatioll. Areas qualirying as potential jurisdictional watcrs
occurred within the intcrmittent drainage channel and in the East Fork of Tassajara Creek.
7.2 Spccial-Status Plants
Non-native annual grassland habitat dominates thc landscape of the Propeliy. The existing habitat
conditions could support the occurrence of five special-status plant species within the survcy area. Thc
plant species that have a potentiallo occur on the Propel1y include big tm]Jlant, large-flowered fiddleneck,
diamond petaled California poppy, Condgon's tarplant and round-leaved filaree. The area in which these
plants could potentially exist consists 01. annual grassland on a variety of soils. Based on the prcsenee
ofthe required habitat tj]Je that is known to suppOli these special-status plants, additional surveys would
be necessary during the growing season to determine if these plants occur on site. The degree of
disturbance Ii.om grazing may preclude the potential for special-st8tus plant oceUITence. .Il1erefore,
special-status pl312!3Jecies arc presumed to be absent tiom the propcliy. No special-status plant species
\Vei'C. rccorded during reconnaissance surveys conducted in January 2003.
7.3 Spccial Statns Wildlife
Special-Status Mammals - The Propeliy is located within the mi6~.atorycorridor for the San Joaquin kit
fox. The habitat on the PropeJiy consists or grasslands, a habitat type used by the SJKF. The soils on the
Property are not sandy, fi.iable types and consist of clay substrates in which a den site is generally more
difficult to establish. There are no lociltions to the south of the propeJ1y which a SJKF would travel as
these areas are developed; and therefore, no north to south movement through the propeliy may be
anticip8ted. Thcre is a very low potential that the SJKF could pass in an east to west direction within the
property based on this analysis. The vast majority of potential habitat lies east of the site.
Spceial-Status Reptiles and Amphibians- The East Fork ofTassajara Creek is known to support the
CaliRmlia red-legged Ii.og and numerous sightings bave been documented by the CNDDB. In addition,
the western pond turtle is known to occur on the main branch ofTassajara Creek and it has been sighted
on thc Properly. Recent surveys have also determined the presence of breeding Californiil tiger
salamander in the upper stock pom!. 11 can also be assumed that upland habitat sLllTounding the breeding
pond is suitable for estivation habitat.
Nesting Raptor Species - Habitat exists on the PropeJiy to support a wide variety of foraging raptor
species such as the red-tail hawk, Amcliean kestrel, burrowing owl, golden eagle, and nOlihem hatTier.
The red-tail hawk, AmeJiean kestrel and nOlihern haJTier were observed to forage on the site dLlling tbe
reconnaissance survey. The blue gum eucal)11tus trees on the westem propcliy boundary, on the east side
of tbe East Fork Tassajara Creek, were observcd to suppoli a nesting pair of red-tail hawks. ff the
gTassland areas become tall and can provide heavy cover, then thcy would be suitable for the northem
harrier to nest on thc ground. Raptors are known to nest on thc Property based on the presence ofsuitable
habitats, and other raptor-s could nest on site in addition 10 the red-tail hawk.
/9
Special-Status Passerines - The tricolored blackbird was observed to forage on tbe sitc in large flocks
in excess of300 birds. They arc winter migrants that fccd within the grassland areas bnt the property does
not support habitat in which this species could nest. The California homed lark may also occur on the
Property as it contains highly suitable habitat for the bird's occurrence.
8.0 RECOMMI<:NDATIONS
. Corps jurisdictional habitats arc prescnt on the Property. If fill of thcse watcrs/wetlands is
nccessary, tben a Section 404 permit application must be submitted in accordance with U.S.
Army COI11s of Engineer guidelines. Activity within the Crcek channel would also require that
the Regional Water Quality Control Board and Department ofFish and Game be included in the
permit submittal proecess.
. rive special-status plant species have been identi fled as potentially occurring ori/()r adjacent to
the Property. Thc CDFG requires a I O-day noti lication period prior to any grading 01" earthworks
that will effect a listed plant species. Thcrefore, prior to construction a survey and staking of the
any rarc plants on site would bc required so that salvagc oC said plant material could be
accomplished byCDFG. To adequately identify the locations in which the rare plants may occur
a survey for the Jive special-status plant species should be conducted during the blooming season
which normally coincides with the months of March-October.
. Surveys for California tiger salamanders may be required by thc Califomia Department of Fish
and Gamc and the USFWS prior to construction. Based on reeent surveys, CTS utilizc the stock
pond on the Property as brceding and the uplands as estivation habitat, or as a corridor between
existing breeding/estivation habitat and off~site estivation habitat. It is reeommcnded that the
Client coordinate with the CDrG and usrws concerning the appropriatc mitigation mcasures
rcquired forthc development ofthe Propelty. There is also a potcntial that USFWS may fOllllally
list the CTS as federally threatened or endangered by the end ofJuly 2004. If this listing occurs,
development of the Property may require coordination with the USFW'S in accordance witlr
Section 7 oC the Endangered Species Act. Through consultation and negotiation between the
CDFG and the USFWS appropriate mitigation mcasures would be determined. These measures
l11ay include construction tlll1ing restrictions, salvage surveys, biologicalmonitOling, exclusion
n~l1cing, avoidance or sensitive areas or reduction in project size and on-site anwor off-site
compensatory 111itigation. On-site mitigation measures lllay include the fol]o\ving strategies
dming the construction ofthe development project:
Prevention ofCTS entry prior to construction: Appropriate exclusionary ban.iers (e.g.,
silt fencing) could be installed along the perimeter of the development portion of the
Property between the breeding pond and the development site. Exclusionary baniers
should be designed such that they allow CTS to migrate out from estivation habitat to
breeding ponds that occur outside the developmcnt arca of the Property. These ban"iers
would be constructed to allow the one-way passage ofCTS out ofthe development area,
preventing re-entry.
20
Fenee construction timing: Exclusionary barriers should be installed prior to the onset of
winter rains whieh stimulate CTS to movc to brceding ponds. Implementation of the
mitigation measurc would need to be coordinated with the project biologist to insure
proper installation.
Dispersing and migrating CTS during eonstruction activities on the Property: The barrier
fencing should be maintaincd and monitored continuously for the duration of
construction to ensurc that migrating and dispersing CTS do not re-enter the Property.
Maintenance of exclusion fencing: Exclusion fencing should remain in place until the
construction of the project is completed.
Monitoring rcquirements: A biological monitor should be prcsent on-site during grading
and ground disturbance construction activities to cnsure that no take of CTS oeenrs.
Erosion/sedimentation prevcntion: Best management practices should be followed on the
Property to minimize impacts of el.osion and sedimentation into the existing drainages
and dO\Vlls1realn watercourses.
Mininlizing CTS habitat dishlrbance: Grading and vegetation clearing in the il1l1l1Cdiate
arca (nOll11ally regarded as 750 feet) surrounding the breeding pond should not be
conducted dllling the breeding and migrating scasons (Novcmber- .Inne).
Mitigation eftolis: Future mitigation efforts could also include the restoration and
enhancement or preservation of existing CTS habitat on the Properiy, which has the
potential to have high regional conservation value.
. Thcre is the potential for California red-legged fi.ogs on the Propeliy, and it may be necessary to
detell11inc their prescnce or absence prior to the initiation of construction in areas such as thc
creek channel. Absencc/presence surveys should be performed no more than 48 hours prior to
construction within the channel. Survcys to determine the presence or absence ofCRLF's should
be conducted by qualified biologist utilizing established protocol. Development of the Propeliy
may require coordination with the USFWS in accordance with Section 7 of the Endangered
Species Act. Through consultation and negotiation between the CDFG and the USFWS
appropriate mitigation measurcs would be determined. These measures may include constmetion
iillling restrictions, preconstructioIl surveys, bioJogicalmonitoring, exclusion fencing, avoidance
or sensitive areas or reduction in project size and on-site and/or 0 Cf-site compensatory mitigation.
. The western pond turtle and northwestem pond t1ll11e may find suitable habitat within the
drainage ditches. jf alteration to the ditches is proposed it is possible that thesc animals may be
impacted. A preconstruction survey for western pond turtles should be conducted prior to any
activity.
c/
. Pre-construction surveys for nesting raptors may be necessary due to the presence of suitable
nesting trees on and adjaecnt to the Property The blue gUIl1 eucalyptus trees on site represent
good nesting tree locations for raptors and a red-tail hawk nest occurs in one ofthc trees. Trce
removal cannot occur until the juvenile red-tails arc no longer dependent upon the nest tree.
Raptor surveys are also recommended if gTading is to occur within a 1 OO-foot distance of auy
knownllesting tree. Ifrequircd, surveys should be performcd pllor to Janll<u-y to identify and
potential nesting trees prior to thc birds laying cggs. Once eggs have been laycd, a buffer must
be established around the ncst tree and the site protceted until August I or uutil the young have
!lcdged.
. BUl1-o\ving owls were not identified on the propcliy dUJlng January 2003 surveys. Ifprcsent and
no nesting has begun, nest exclusion doors or avoidance buffers may bc used as negotiatcd with
CDFG. No disturbance should occur within 50 m (approx. 160 ft.) of occupied burrows during
the nonbrceding scason of September 1 through January 31 or within 75 III (approx. 250 ft.)
during the breeding season of February 1 through August 31. Avoidance also requires that a
minimull1 01'6.5 acres offoraging habitat be prcserved contiguous withoeeupicd bU1TOW sites for
each pair of breeding bUlTowing owls (with or without dependent young) or single unpaired
resident bird. It is recoll1mended that an initial burrowing owl survey be perforll1ed during
Deccmber and early January. If owls are discovered, passive relocation of the owls can takc
place. If owls are discovcred aller February I ", the owls must bc left on sitc and a 250-toot buffer
establishcd until Scptember 1". Pre-construction surveys should occur no more than 30-days
prior to any ground disturbance activities.
. Development of the proposed Propel1y may result in tree removals that could directly destroy
nests, eggs and illl.maturc birds, and \vould rCll10ve future nesting habitat [or birds, including
sensitive species such as raptors and migrating songbirds. If impacts to ol1site trees canllot be
avoided, then thc removal of these trees sbould occur outside the breeding season whieh is
tjvieally dUl.ing January-July
. Grading and excavation activities could expose soil to increased rates of crosion during Prope11y
construction periods. During construction, runoff ii.om the proposed Propel1y could adversely
affect aquatic life, if flowing watcr is prcsent in the East Fork of Tassajara Creek and the
unnamed intCl111iUent drainage channels. Surface water l1Jnoff could remove paliicles of fill or
cxeavated soil hOll1lhe sites, or could erode soil down-gradient, ifthe !low were not controlled.
Deposition of eroded matellal in the interll1it1cnt drainage channels, East Fork Tassajara Creek
or wetlands could increase turbidity, thereby endangering aquatic life, and reducing wildlife
habitat clown strcam. Implementation of appropllate mitigation measures would cnsure that
impacts to aquatic organisms would be avoided ormininlizcd.M.itigation measures lllay include
best management practices (13MP's) such as hay bales, silt fencing, placemcnt ofslraw muleh and
hydro seeding of exposed soils after construction as identificd in thc Stormwater Pollution
Prevention Plan (SWPPP).
]2
9.0 LITERATURE CITED
California Dcpartmcnt of Fish and Came Natural Diversity Data Basc, computer listings and map
locations of historic and current recorded occurrences of special-status species and natural comlllunities
of special concern for JJSGS 7.5 minute quadrangle map: Livenllore and Tassajara, JanualY 2003.
California Department ofFish and Game. 2002. Special animals.
http://ww.dCg.ea.gov/endangered/special_animals.html(.1 une 2(02).
--..-.- . 2002a. Statc and federally listcd Endangered, Threatened, and Rare plants of California.
bttp://www.dfg.ca.gov/endangered/t_eplnt.pdf(April 200Cl).
--.- 2002b. Statc and federally listed Endangercd and Threatened animals of CaJiJeJr11ia.
http://www.dfg.ca.gov/endangered/t_eanimal.pdf (April 2(00).
Caliiornia Native Plant Society Elcctronic Invcntory of Rare and Endangered Plants. Volume 6. I J -12-
02. California Native Plant Society.
Goals Project. 2000. Baylands Ecosystem Species and Community Proiiles: LiIe histories and
environmental requiremcnts ofkcy plants, fish, and wildlife. Prepared by the San Francisco Bay Arca
Wetlands Eeosystem Coals Projcct. P.R. Olofson, editor. San Francisco Bay Regional Water Quality
Control Board, Oakland, CA.
Hickman,.r. C. (ce1.). 1993. The Jepson Manual: Higher Plants ofCalifolllia. University ofCali1olllia
Press, Berkeley, CA. ] 400 pp.
Live Oaks Associatcs. 2004. MonitOling Report (ex Phase In Rcstoration of Seasonal W ctland, 6847
Tassajara Lane - 3'" Year. San .Iosc, CA
Mayer, K. E. and Laudenslayer WF. I ()88. A GlIldc to Wi/dlife Habitats of California. CaliJc)lllia
Department ofForcstry and Fire Protection, Sacramcnto, CA. ] 66 pp.
MutlZ, P. A and D. D. Keek. 1')73. A Califolllia flora and supplement. University of Cali fomi a Press,
Bed<c1ey, CA. 1681 pp., + 224 pp. snpplcment.
Pierce, Robcr1.r. 19')5. Wetland Delineation Lccture Notes. Wctland Training Institute, Ine.,
Poolesvillc, MD. WTI 95-2. 200pp.
Sawyer and KeIcr-Wolf 1995. A Manual ofCaliicJr11ia Vegetation. Califomia Native Plant Society.
Skinner, M. W. and B. M. Pavlik (eds.). 1994. Invcntory of rare and endangered vascular plants of
California. California Native Plant SoeietySpecial Publication No.1 (5th edition). Cahfomia Native Plant
Society, Sacramento, CA. 338 pp.
23
Stokes, Donald and Lillian. J 996. Stokcs Field Guide to Birds Wcstern Region. Little, Brown and
Company, Boston. 519 PI'.
u.s. Departmcnt of Agrieulturc, Soil Conse",ation Scrvice. 1973. Soils oIAlamedaCounty, Califomia.
In coopcration with the University of CaliJornia AglicuItural Expcrimcnt Station.
u.s. Fish and Wildli Ie Service, Resource Management Group, Tnc. 19')3. National List of Plant Species
that Occur in Wetlands. Region 10-CaliIornia.
United States Fish and Wildlife Scrvice. 2002a. Endangcred and threatened plants.
http://www.fwsgov/r9cndspp/e6.1712.pdI(3 I December 20(2).
2002b. Endangered and threatened wildlife and plants; review of plant and animal taxa
that arc Candidates or Proposed for listing as Endangered or Threatened; annual notice of findings on
recycled pctitions; annual description of progrcss on listing actions; proposed rule. Fcdcral Registcr
64(205): 57534-57547.
2002c. Endangered and threatened wildliIc. littp://www.fws.gov/
r9cndspp/cld 71 Ipdf (31 December 2(02).
. 2003. http://ecb.stanford.ec1u/sunri/ehlkl-l.html
24
ATTACHMENTS
ATTACHMENT NO.1
FIGURES
Figure No.1.
Figure No.2.
Figure No.3.
Figure No.4.
Regional Map
Vicinity Map
USGS Quadrangle Map
Site Map
FIGURE NO.1.
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Jensen -
'AI...c::.!; Assocl~!~
<\.690 CHABOT [)HIVE., SUIT( 200 . PLEASAt.HON, CA 94585
PHONE: (925) 227-9100. FAX: (925) 227-9'00
MISSION PEAK PROPEF{TY - EXISTING Tapa
o 100 200 300
ba'~~~ .-.._~~. ~~i
( Of l'U"T )
1 lno.b .. 100 tt..
DUBLIN. CALIfORNIA
OA 1E: JAN'JARY 20, 2003
JOe NO.: 021057
ATTACHMENT NO.2
TABLES
Table No. 1.
Plant Species Observed Within/Adjacent to the Survey Area
TABU, 1
Plant Species Observed \Vithin/Adjaeent to the Sun'ey Area
Scientific Name Common Name
Ahsll1a plantaga-aquatica water plantain
Avena fatua wild oat
Baccharis pilularis coyote brush
Broll1us hordeacc'd"lIs soft chess
Broll1us dicllldms lipgut braIlle
Brassica nigra blaek mustard
Castilleja .sp. ow l' s clover
Centaurea solstitialis yellow star-thistle
Chlorogallllll sp. soap root
Clarkia sp. clarki a
Convza canadensis horscweed
COllvo/1'ulu5 arveJlsis field bind weed
Cyperus eragrostis chufa
()perus eragrostis umbrella scdge
Delphinillll1 sp. larkspur
Distich lis spicata salt grass
Eremocarplfs sctigeiy<'lJS dove weed
Eleocharis ll1acrostachya spike rush
FoenicuhuJl vulgare sweet fennel
Geranium molle dove-leaf gerarUUl11
Grindelia CClll1fJorull1 gUI11 weed
Hcmi20nia sp. t31-plant
Hordium marinum Val'. gussoneanwn Mediterranean barley
Hordeum mUrhnfl71 val'. leporinwn foxtail
Junclls balticlIs Baltic rush
Loliwn ll1ultiflorulll Italian rye b'rass
Lactllca serriola prickly lettuce
Lotus eorniculatus bird's foot trefoil
Ludwiaia 7Je7Jloides water mime rose
TABLE 1
Plant SjJecies Observed Within/Adjacent to the Survey Area
Scientific Name Common Name
Pieri.I' echioides prickly ox-tongue
Plwltago lal/ceolota English plantain
Platunus racemosu westem sycamore
POfVgom1171 Clvicu/are knotwced
PO(fm7111HI annual blue grass
PofrfJogol1 Illollspelif(ellsis rabbit's foot ,,'Tass
Populus fiemolltii Fremont's cottonwood
Qucrcus lobata valley oak
Rammcalus .sp buttercup
Rumex crisp us curly dock
Rumex pulcher fiddle dock
Sah,laseo/epis arroyo willow
Sauicula sp. sanicle
Scilpus CleU/lfS buLrush
ScirplLs al71ericaJlus tIu.ee stem
5'ih/Jum lJ/uriallWl1 milkweed
Tlpha latifnlia cattails
Vieia sativa common vetch
1.lnii11iJrilJi11 _ cock1phllr
Table No.2.
Wildlife Species Observed Within/Adjacent to the Survey Area
TABLE 2
Wildlife Species Observed Within/Adjacent to the Survey Area
Scientific Name Common Name
IJcndroica corona/a Yellow-rumped Warbler
Circus ryaneus Northem Hanier
Fa/co sparverills American Kestrel
Aquila clu)'.metos Golden Eagle
Raila Ollrora dray/onii Califomia Red-legged Frog
AmbJ's/oJllU ca/{fornicnse Califomia Tiger Salamander
CICIJllJ1}'S marmora/a western pond turtle
Stumello neg/ecto Westell1 Meadowlark
A1elaspiza melodia Song Sparrow
Euphaglls cyanoeepholus Brewer's Blackbird
Buteo.jalJloiccIL\'is Red-tail Hawk
Zonotnehio otricapillo Golden-crowned SpalTOW
Zouotrich;u lellcopluys White-crowned Sparrow
Passcrr:u!us sandwichensi,'!.' Savannah Sparrow
PljJi!o maclIlo/lIs Spotted Towhee
Pipilo crissa/is Cali fornia Towhee
SoyaI'll is soya Say's Phoebe
Sayarnis 11(?;I-icans Black Phoebe
Age/allls phocniceus Red-wingeclBlackbird
Agelaiu.y fr;color Tlicolored Blackbird
Porus illornatus Plain Titmouse
Psaltriparus millimus Bushtit
Sitta carolinel1sis White-breasted Nuthatch
Cothartes aura Turkey Vulture
Junco hyel1lalis Dark -eyed Junco
Sturnus vulgaris European Starling
Colup/es auratlls N0l1hcrn Flicker
Picoides 1111ttallii Nuttall's Woodpecker
TABLE 2
Wildlife Species Observed Within/Adjacent to the Snrvey Area
Scientific Name Common Name
ZClwida Jllocroura Mourning Dove
Columba /il'ia Rock Dove
Aphclocoma ca/ifornica Scrub Jay
Cmpodacus mcxicm11is House Finch
Spermopbilus beee/ic)!i Califomia ground squirrel
Table No.3.
Special-Status Species Occurring in the Livermore and Tassajara
7.5 Minute Quadrangle Map
Table 3
Spccial-Status Species Occurring in the Livermore and Tassajara 7.5 Minutc Qnadrangle Maps'
Status
Common Name/ (Fed/Statel Poten tial
Scicntilic Namc CNPS)' Habitat on Sitc
PLANTS
Large-Flowered Fiddleneck Cis1110ntane woodland, valley and foothill
(Amsillkill gramhflora) E/EII B b~.assland. Yes
Mt. Diablo Manzanita Chaparral. Only Ji0111 Mt. Diablo area. In
(Arctostaphvlos allriclllata) -/-11 B canyons and on slopes on sandstone. No
Chenopod scrub, valley and foothill
Heali Scale b~.assland on alkaline flats and scalds, sandy
(AtnjJlex cordlllata) -/-IIB soils. No
Chenopod serub, valley and foothill
San Joaquin Spearseale grassland on seasonal alkaline wetlands,
(Atriplexjoaqllillialla) -/-11 B alkali sink. No
Big Tmvlant Valley and foothill grassland. Dry hills and
(Blcpharizollia plllmosa ssp. plains in annual grassland. Clay to loam
plllmosa) -/-/IB soils; usually on slopes, oftcn on bumt sites. Ycs
Chaparral, eismontane woodland, ripmian
Mt. Diablo FailY Lantem woodland, valley and foothill grassland.
(Caloc!wrtlls pulcheUus) -/-IIB Wooded, brushy slopes. No
Chenopod scrub and valley and foothill
Pa!Jmte-bracted Bird's-beak grassland. Usually on Pescadero silty clay,
(Cord)'lanthus palmatus) E/EII B alkaline. No
Diamond-Petaled Califomia Poppy Valley and foothill grassland. Alkaline, clay
(Eschscholzia rhombipeta/a) -/-/1B slopes and flats. Yes
Round-leaved Filaree Valley and Joothi II grassland, cismontane
(Erodillm macrophyllllm) -/-/2 woodland. Yes
Broadleaved upland forest, chapmTal,
cis1110ntane woodland, coastal scrub, vallcy
Diablo HeIianthella mld foothill grassland. Usually in interface
(HelialltheUa castellea) -/-IIB zones with rocky azonal soils. No
Valley mld foothill grasslands, alkaline
Congdon's TallJlant soils, sometimes desc,ibed in heavy white
(Hemizollia panyi ssp. cOllgdonii) -/-/1 B clay. No
ChapmTaI, cis1110ntane woodland, valley and
Brewer's Western Flax foothill grassland. OHen rocky selventine
(//esperolilloll brcweri) -/-/18 soils in abv. habitats. No
Table 3
Special-Status Species Occurriug in the Livermore and Tassajara 7.5 Minute Qnadrangle Maps]
Status
Common Namel . (Fed/State/ Potential
Scientific Name CNPS)2 Habitat 011 Site
Valley and foothill grassland, cismontane
Showy Madia woodland. Mostly on adobe clay in
(Madia radiata) -/-IIB grassland among shrubs. Yes
Presumed extinct. Found in meadows,
Hairless POpCOlll Flowcr seeps, marshes and swamps. Alkaline
(PlagiobotlllYs glabcr) -/-/IA meadows. No
Caper- ii.u i 1 cd Tropidoca'lJllm Presumed cxtinct. Valley and loothill
(TropidoCCllpul7l capparidcul7l) -/-/IA grassland. Alkalinc hills No
ANIMALS
Vemal pools, swales and depressions for
California Tiger Salamander breeding, needs underground rcfllgia for
(Alllb)'Sfol1la callfornicllsc) E/-/SC hibelllation. Obscrved
Lowlands and foothills in or near permancnt
sources of deep water with dense, shrubby
Califolllia Red-legged Frog or lipatian vegetation. Needs upland for
(R(Ul(/ aurora draytouii) T/-/SC estivation habitat Observed
Open dry annual grassland, desel1s and
13urrowino Owl scrub lands. Nests in abandoned ground
b
(Speotvto cUlliculario) -/-/SC sC]uilTel bU1TOWS. Yes
Obscrved
Red-tail Hawk Various grassland habitats, urban land, oak Nestlng
(Butco jalllaiccllsis) -/-/- woodlands with ,,'rassland for foraging. on Sitc
Northern HaJTier Nests in grasslands and marshlands, ground Observed
(Circus clYllleus) -/-/- nesting bird. Foraging
Rolling foothills where open grasslands tUlll
Golden Eagle into scattered oaks, sycanlore or larger Observed
(Aquila c!llysactos) -/-/SC pmes. Foraging
Ameli can Kestrel V,uious grassland habitats, urban land, oak Observed
(Palco sparverius) -/-/e woodlands with grassland for foraging. Foraging
Ncsting within seasonal wetland marshes, Observed
black berry brambles or other protected Foraging
Tricolored Blackbird substrates. Forages in annual grassland and in Lg.
(Agc!aius tricolor) -/-/SC wetland habitats. Flocks
I Caliiornia Homed Lark Shmi grass lands, bald hills, mountain
(Erel1lophia alpestris actia) -/-/SC meadows, open coastal plains, alkali flats. Yes
Table 3
Special-Status Species Occurring in the Livermore and Tassajara 7.5 Minute Qnadrangle Maps]
Status
Common Namel (Fed/State! < P()ten tial
Scientific Name CNPS)' Habitat on Site
Annual grasslands or grassy stages with
San Joaquin Kit Fox seattercd shrubby vegetation. Needs loose
(Vulpes 1Illlcrotis lIlutica) B/T/- soils for burrowing. No
Aquatic turtle needs permanent water in
Western Pond TUl11e ponds, streams, irrigation ditches. Nests on
(CICllllll) 'S lIlannorata) -/-/SC sandy banks or grassy fields. Observed
Restricted to valley-foothill hardwood
habitat of the coast ranges. hlhabits south
Alameda Whipsnake facing slopes and ravines with shrub cover
(Masticophis latera/is eWY'ianthus) T/T/- and woodland mosaic. No
Endemic to grasslands of the Central Valley
and other sUlTounding regions, found in
Vernal Pool Fairy Slu.imp astatic rain fillcd pools. Clear water
(Brallchinecta Iynchii) T/-/- depressions or swales. No
Seasonal pools in unplowed grasslands with
Califolllia Iindericlla old alluvial soils underlain by hardpan.
(Lindericlla occidentalis) -/-/- Low alkalinity. No
1 Special-status pl::lIlts and animals 3S reported by the California Natural DiversiLy Data Base, J3JlU:1rY 2004.
2. Order arCades for Plants - Fed/Statc/CNPS
Order orCades for Anim::ds - [?cd/Slalc/CDFG
Codes'
SC- Species of Concern
E - Fedcr::lily/Statc Listed as an Endangered SpecIes
T - Federally/Stale Listed as a Threatened Species
C - Species listed as a Candid31e for Federal Threatened or End::lllgercd StiltllS
R - Rare
CP-California protected
! B - C31ifornia Native Plant Society considers the plant Rare, Threatened, or Endangered in California nnd Elsewhere.
I A - CNPS plants presullled extinct in Cnlifornl<1.
2 - CNPS Plants Rare, Threatened or Endangered in California but more common elsewhere.
4 - CNPS Plants of limited dlstribution-a watch list.
ATTACHMENT NO.3
SITE PHOTOGRAPHS
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access road.
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cunllvert pnpe nmll JrJijpaIriiann ve~e1l:f.l1l:Jionn.
Photo No.3. Location of Proposed Stormwater basin.
PhotoG No.4. PIroposer! lo-catioll1l of Ollll1tf'aD].
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Photo No.5. View of the Stock pond (Pond No.1), th,e isoiuted drainage swale, and seeps
1&2.
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lPhotD No.6. Vielv of lPor.l.od N tp. I, ak'~g the Ems1l: jF'oIra~ 'IJIY Tassa,q an 'CIreek
Photo No.7. View of sparse und.erstory within the riparian corridor of the East Fork.at
Tassajara Creek.
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Pho1l:o No.8. View of jpJl"Ojposed! devellopmmu::nD.1I: illR'eal.
MISSION.PEAK DEVELOPMENT PROJECT
BIOLOGICAL ASSESSMENT
FOR
I
CALIFORNIA RED-LEGGED FROG
(Raila aurora draytollii )
&
CALIFORNIA TIGER SALAMANDER
(Ambystoma californie/lse)
ALAMEDA COUNTY, CALIFORNIA
Prepared for:
STANDARD PACIFIC HOMES
3825 Hopyard Road, Suite 195
Pleasanton, Califomia 94588
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
3127 Vistamont Drive, Suite [00
San Jose, California 95118
Phone: (408) 448-2322 - FAX (408) 448-2010
Contact: Jeff Olberding
JULY, 2004
TABLE OF CONTENTS
1.0
INTRODUCTION
.... I
2.0 PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Project Site Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.3 Development Project Description . . . . . . . . . . . . . . . . . 3
2.4 Evaluation ofPotentia1 CRLF Coneems . . . . . 4
2.4.1 Development Encroachment ........... ....... . . . . 4
2.4.2 Breeding Habitat Impacts .... . . . . . . . . . . . . . . . . . . 5
2.4.3 Fragmentation of Habitat . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.5 Evaluation of Potential CTS Concems . . . . . . . . . . . . . . . . . . . . . . . 6
2.5.1 Development EncroaclU11ent . . . . . . . . . . . . . . . . . . . . . . . . 6
2.5.2 Breeding Habitat Impacts ................. . . . . . . . . . . . . . . . 6
2.5.3 Fragmentation of Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.0 EXISTING CRLF HABITAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.1 Presence ofCRLF and Associated Habitat at the Propeliy ..............7
3.1.1 East Fork ofTassajara Creek. .. .............. . . . . . . . . . . 7
3.1.2 East Fork Riparian Habitat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.1.3 Intermittent Drainage Swale ..... . . . . . . . . . . . . . . . 8
3.1.4 Seeps Along Intellllittent Drainage ............... . . . . 8
3.1.5 Stock Ponds ................................ 9
3.1.6 Adjacent Uplands Habitat ....... . . . . . . . . . . . . . . . . . 9
3.2 Existing CRLF Sightings in the Vicinity of the Propeliy . . 10
4.0 EXISTING CTS HABITAT.... ....................... .. ....... ...........10
4.1 Presence of CTS and Associatcd Habitat at thc Propcrty . . . . . . . . . . . . . . lO
4.1.1 Uppcr Stock Pond ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.1.2 Adjacent Uplands Habitat .................................... 11
4.2 Existing CTS Sightings in the Vicinity of the Properiy . . . . . . . . . . . . 12
50
BJOLOGY OF THE CALIFORNIA RED-LEGGED FROG ......
12
6.0 BIOLOGY OF THE CALIFORNIA TIGER SALAMANDER. . . . . . . . . . . . 14
6.1 CTS Morphology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 14
6.1 CTS Life History ................................. 14
6.1 CTS Prey/Predators ....... . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.1 Estivation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7.0
8.0
90
MITIGATION, A VOIDANCE AND PREVENTNE MEASURES. . . . .
7.1 Plan Goal and Objcctives . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.2 On-Site Habitat Mitigation ...............
7.3 Mitigation Measures for Construction Impacts . . . . . . . . . . . . . . . . . .
RESPONSIDLE PARTIES
REFERENCES ....
11
.. ]7
..17
. .17
. . 19
.21
....22
ATTACHMENTS
ATTACHMENT NO. 1
FIGURES
Figure No.1
Figure No.2
Figure No.3
Figure No.4
Figure No.5
Figure No.6.
Figure No.7.
Regional Map
Vicinity Map
USGS Quadrangle Map
Aerial PhotogTaph
Development Site Existing Topography
Jurisdictional Delineation Map
Site Plan
ATTACHMENT NO.2
BIOLOGICAL ANALYSIS REPORT
ATTACHMENT NO.3
CALTFORNJA TIGER SALAMANDER ASSESSMENT
ATTACHMENT NO. 4
SITE PHOTOGRAPHS
ATTACHMENT NO. 5
MISSION PEAK RESTORA nON AREA PLANT MA TERIAL
ATTACHMENT NO.6
YEAR ONE VEGETATION ESTABLlSHMENT MONITORING
REPORT
ATTACHMENT NO. 7
MONITORING REPORT FOR PHASE JJI RESTORATION OF
SEASONAL WETLAND, 6847 TASSAJARA LANE _3RD YEAR
This repOli should be cited as: Olberding Envir01Ul1ental, Inc. July 2004. Mission Peak Biological Assessment for
Califomia Red-Legged Frog and California Tiger Salamander, Dublin, California. 26 pp. plus attachments. Prepared
at the request of Standard Pacific Homes, Pleasantol1, Califomia.
III
1.0 INTRODUCTION
The purpose of this biological assessment is to present materia! that would assist the United States
Fish and Wildlife Service (USFWS) in evaluating potential project-related impacts to the Federally
"thTeatencd" California red-l egged frog (Rana aurora draytonii [CRLF]) and California tiger
salamandcr Al71bystol71a tigrinum califortliellSe; (CTS) that are associated with the development of
the Mission Peak Property ("the Properly"), located in Dublin, Alameda County, California.
Proposed mitigation measures associated with the Mission Peak Project ("the Project") will also be
described. The proposed Project will be reviewed in sufficient detail in order to detennine the extent
that Project activities may impact thc CRLF and/or the CTS.
This report will discuss occurrence ofCRLF and CTS and existing habitat that occurs within and
around the Property. Potential project-related impacts will be discussed. Mitigation measures to
avoid impacts to the CRLF and the CTS will aIso be proposed. This biological assessmcnt includes
arcview of previously prepared biological reports/information, pertinent literature, and a description
of existing CRLF and CTS habitat characteristics within those areas of the Property that could
support the two species, including the East Fork ofTassajara Creek, a perennial pond (Pond No.2),
a seasonal pond (Pond No.1), and appropriate upland habitat sUlTounding these features. The East
Fork ofTassajara Creek runs along the northwestem boundary. The two ponds occur on thc eastern
haIf of the Propeliy.
This biological assessment has becn prepared in compliance with Section 7 of the federal
Endangered Species Act (ESA) of 1973 (16 USC 1536). Both the CRLF and CTS arc listed as
threatened under the Federal Endangered Species Act and are afforded protection under federallaw
from killing, hanlling or harassing (all fonlls of "take"). The CTS was fonllally listed by the
USFWS as a "threatened" species on July 26,2004. Federal Agencies are required to ensure that
activities they authorize, fund, or perform do not jeopardize the continued existence ofthc species.
This document has been prepared to ensure that the Project will not result in any "take" of any CRLF
and reduces the potential for take of CTS. "Take" means to harass, harm, pursne, shoot, hunt,
capture, or collect, or to engage in conduct that can result in any of those impacts.
Habitat for the CRLF is present within the Property and includes the main chal1JJel oflhe East Fork
of Tassajara Creek, a perem1ial pond located adjacent to the East Fork of Tassajara Creek, and
associated upland habitat. Sparse riparian habitat is found growing along the entire length ofthe East
Fork ofTassajara Creek occurring within the Propetiy due to extensive historical grazing. The fenced
perennial pond is surrounded by abundant wetland vegetation, providing breeding habitat for the
CRLF. Indirect impacts to existing CRLF hahitat may occur during the proposed construction of an
outfall that will drain st01l11water runoff associated with the Propcliy into the East Fork ofTassajara
Creek and grading of23.5 acres of upland grassland habitat surrounding the creek and pond.
Habitat for the CTS is also present within the Property and includes the percl1l1ial pond, the seasonal
pond, and associatcdnpland habitat. Indirect impacts to existing CTS habitat may occur during the
proposed grading of23.5 acres of upland grassland habitat sUlTounding the creek and pond.
1- /)
As described in detail in Section 7A of this document, on-site mitigation and avoidance measures
includc avoidance and protection Mthe existing creek (thc exception being the outfall), ponds and
associated habitat, as well as implementation of various construction-related preventive measures,
including the prescnce of an on-site biological monitor dming stom1water outfall and initial grading
and construction activities. Mitigation actions also include on-site establishment of wetland and
riparian habitat and permanent protection of existing habitat. The self-imposed measures detailed
by this document are designed to ensure that potcntial take of CRLF and CTS is avoided. The
mitigation measures detailed within this document would offset impacts of the Project and future
uscofthe site. in addition, mitigation measures discussed will use an adaptive managcment approach
that allows for changes in the strategies to adjust for unforsccn events.
2.0 PROJECT SITE DESCRIPTION
2.1 Location
The Mission Peak Propeliy is located on the east side ofTassajara Road, north of the city of Dublin.
The property is found approximately 2.5 miles nOlih of the Highway 580 and Tassajara Road
interchange. The site is situated at the first bend in the road way where it curves east to cross over
the East Fork of Tassajara Creck. The Propeliy is locatcd in Alameda County, just south of the
Contra Costa/Alamcda County line. The East Fork of Tassajara Creek f0I1115 the northwestern
boundalY of the sitc, Tassajara Road fon11s the westem border, and fence lines fom1 all other
boundaries. Attachment 1, Figure I depicts the regional location ofthe propeliy in Alameda County.
Attachment 1, Figure 2 illustrates the vicinity ofthc propeliy in relationship to the City of Dublin.
Attachment I, Figure 3 identifies the location ofthe propeliy on the USGS 7.5 Quadrangle Map for
Livcmlore. An acrial photograph of the Propeliy is contained in Attachment I, Figure 4.
2.2 Project Site Description
Thc Propeliyconsists of67.8 acres ofundcveloped grazing lands that have steep to moderately steep
topography ranging in elevation fi.Ol11 approximately 700 feet at the nOliheastcm corner of the
Propeliy to 470 feet along Tassajara Road. No buildings currently occur on the Propeliy. The
hillsides suppoli non-native annual grassland throughout the site and smallcr patches of native
perennial grassland habitat are found on the north faeing slopes. The westem edge ofthe propeliy,
adjacent to Tassajara Road, is relatively flat with a slight slope fi.om east to west. A serics of hills
are found on the majority of the property extending to the east em boundary from the flatter areas
along Tassajara Road. Attachment 1, Figure 5 identifies the site location along Tassajara Road.
The land is used for cattle pasture which leaves little vegetation in some areas where high traffic
occurs. The lands to the nOJih, east and south are similarly used for pasture and are separated from
the Property by barb wire fences. One residence is located west ofTassajara Road, across from the
propeliy, and one residence is found on the land to the south of thc parcel. The Eastcm Fork of
Tassajara Creck flows nOliheast to southwest along the nOJihwcstel11 property boundaJy. This area
2
SUppotts sparse riparian vegetation which has been impacted by grazing cattle resulting in a lack of
under story vegetation. An unpaved, gravel access road parallels the East Fork of Tassajara Creek
onto the Property from Tassajara Road and tenninates approximately 600 feet into the site. Recent
grading work occurs to the south. A large residential dcvelopment is currently being developed on
the majority ofthe propelty. A Biological Analysis RepOlt was prepared to describe existing biotic
conditions of the Propelty in 2003. This report was updated in 2004. A copy is included as
Attaelunent No.2.
There are two constructed pond fcatures within the Property boundaries. The upper pond (Pond No.
1) has been constructed as part of a recent mitigation measure. Pond No. 1 is a seasonal pond
located at the bottom of an intemlittent drainage extending from two hillside seeps. This pond
consists of a constructed beml and spillway placed across the drainage. The lower pond (Pond No.
2) is a constructed stock pond located to the east of the East Fork creek ehar1l1el. Pond No.2 is a
perennial pond sunounded by thick emergent wetland vegetation and has been fenced to exclude
cattle grazing. Attaclmlent 1, Figure 6 contains the Corps verified jurisdictional delincation map.
The sunounding land use varies dramatically. Tassajara Road fonns the western border of the
Property. Thc eastcm and northem boundaries are adjacent to undeveloped lands with similar
vegetation types as is found on the Propelty. Residential devclopment is occurring to the south of
the Property. Attachment 3 contains photographs takcn ofthe Property and associated pond features.
2.3 Developmcnt Projcct Dcscription
Thc Project involves the subdivision of 23.5 acres ofland within a 67.8 acrc development site. A
total of 44.3 acres of open space will remain undeveloped within the Project site and provide habitat
for common and special-status wildlife species. Approximatcly 96 singlc family homes are proposed
to be dcveloped on the Propelty, adjacent to Tassajara Road whcre a tributary to Tassajara Creek
passes bencath the roadway through a large CUlvclt. Development will occur in the flattest pOltion
ofthe Property, while the steeper hillsides will remain as the open space component. A stonnwater
outfall eulvert and associated rock riprap bank protcction are proposed to be installed on the tributary
to Tassajara Creek. This structure is designed to capture runoff from the development site and
discharge it to the ch31mel after post-construction treatment within a constructed water quality basin
and constructed wetland feature. A sitc pIan has becn included as Attachment 1, Figure 7.
On-site mitigation includes the constmction of a constructed wetland/breeding pond, establishment
and maintenance ofsetback buffers, open space conservation, riparian restoration, cattle exclusion,
ecological monitoring during construction and construction of pemlanent balTier fencing and
landscaping sUlTounding the development to prevent future "take" in the subdivision area.
Based on the Projects's impaet to jurisdictional waters within a tributary to Tassajara Creek,
Standard Pacific Homes (applicant) seeks authorization to place up to 3 cubic yards of permanent
fill material (rock riprap) within 0.001 aeres of jurisdictional waters undcr US Army COllJS of
Engineers (COIl'S) Nationwide Pem1it No.7 (Outfall Structures and Maintenance). Nationwide
3
Pennit authorization is being saught far impacts associated with installation of the required rock
riprap bank protectian placed below the autfall culveli on the tributary to. Tassajara Creek.
An outfall structure is necessary to. capture runaff from the development site. The Carps regulated
activity consists of the installation of a minor amaunt of rock riprap bank protection at the base of
a st0l111water autfall structure. The placement af the rock riprap material is to. occur belaw the
ordinary high water line (OHW). The outfall structure will consist ofa 9 x 20 foat structure installed
on the side of the Creek bank, above thc ordinary high water line. Stormwatcr and othcr errant watcr
flows will enter the channel aftcr flowing thraugh a constructed sediment scttling basin. At the
OHW, shect piling is proposed to be installed to a dcpth of 22 fect. Below the OHW line bank
protection consisting of rip rap and eoir fabric will be installed over an area approximately 5 x 15
feet.
2.4 Evaluation of Potential CRLF Concerns
Califol11ia red-legged fi-ogs are negatively affected by a number of hum an activities tbat have been
well-documented in various literature sources (e.g., see Hayes and Jennings 1986, 1988; Jennings
1988, 1995,2000; and Jelmings and Hayes 1994, 1994b). These patentialnegative activities include
habitat loss duc to. urbanization and fload control projects, intraduetion of exotic predators including
bullfi-ags, and increased predation by humans and raceaons (Procyon lotor) (Moyle, 1973; Jennings,
1988). Potential negative impacts to CRLF associated with the Project arc limitcd to (1)
devclopment encroaclunent, (2) indirect breeding habitat impacts, and (3}fUliher fi.agmentation of
isolated habitats. These three potcntial impacts are discussed below.
2.4.1 Development Encroachment
The Califomia Natural Diversity Databasc (CNDDB) identifies the accurrence of the CRLF within
the Propcrty and at several off-site locations within the USGS 7.5 minute quadrangles for Tassajara
and Livel1110re as detailed in section 3.1. Project activities would result in thc grading and
development of23.5 acres ofland that are currently open space area used for agricultural purposes,
ineluding grazing. Development activities also inchlde grading and construction of a stormwater
basin and constructed wetland adjacent to the creek corridor. A stonnwater outfall structure would
be constructed on the embankment of the creek to drain largcr stann flows. The East Fork of
Tassajara Creek and the constlllcted ponds contain habitat that is suitable for the CRLF. Theriparian
area associated with the East Fork of Tassajara Creek is dominated by alTayo willows. There are
several lacatians where undergrowth ofGel111an ivy could potentially be utilized by the CRLF. Pond
2 is perennial and considered to. be year-round CRLF habitat, including breeding habitat.
The proximity afthe Project to. the East Fork af Tassajara Creek and to the CRLF breeding pond
could indirectly affect (but is unlikely to "take") CRLF located there. Develapment will be restricted
to an area outside the established setback buffer (100 feet from the riparian corridor and 200 feet
from Pond No.. 2) with the exception afthe starmwater basin and outfall. A stormwater basin and
wetland mitigation pand arc proposed to be eonstructed at a location which is directly adjacent to
4
the cdge of the riparian corridor. Thesc features would require excavation of soil covered in grazed
annual non-nativc grasses and an existing access road. Once completed, this feature would offer
additional habitat value to CRLF. An outcr development aceess road would be positioned
approximately 100 feet from the edge ofthe riparian dip line or riparian cOlTidor of The East Fork
ofTassajara Creek. The nearest house would be approximately 200 feet from the CRLF pond. Other
than thc outfall structure there will be no direct encroachment on the cxisting CRLF habitat in thc
East Fork of Tassajara Creek by the Project. Development, including the new roadway bordering
the riparian conidor, is not expectcd to cause a significant impaet on existing CRLF habitat since
these construction activities will remain outsidc the riparian corridor and performcd during the dry
season.
2.4.2 Breeding Habitat Impacts
Potential brecding habitat is limitcd to the breeding pond (Pond No.2) located on the Propeliy and
to pool habitat within the East Fork ofTassajara Creek. Impacts associated with the Projeet would
be minimized by conducting outfall constmction outside the breeding season when the creek channel
is dry.
Runofffrom the Project would be associated with impcrvious surfaces including street and driveway
paving and housc roofs. The increase in impervious surfaces as a result of Project construction is
anticipated to result in an increasc of water mnoff into the st01l11drain system. The Project will result
in a moderate increase in storm and nuisancc inigation water runoff into the eonstmcted settling
basin. It is anticipated that the constmeted basin will also capture the seasonal increases in flow that
occurs following winter st0l111S. Construction of a stormwater/sedimcnt settling basin wil \ capture
development related runoff and nuisance inigation runoff fi-om the landscaped areas in the new
development during the summer. It is assumcd that this additional ll.moff will not affect CRLF
breeding activity within the East Fork of Tassajara Creek, as the majority of water would be
contained within the constructed system. Additional runoffwill not affect breeding activity within
the constructed CRLF breeding pond as it will remain protected and undistnrbed. The proposed
project will not encroach within the 200-foot setback established around this pond.
2.4.3 Fragmentation of Habitat
The Project would not fmihcr isolate the cunent CRLF population in the CRLF pond or in reaches
ofthe East Fork of Tassajara Creek within the Propeliy from those CRLF populations located fltliher
upstream or downstream. The Project is not anticipated to prevent potential interchange between the
CRLFpopulation occurring within the Propeliyand those populations in sunoundinghabitat outside
the Propeliy. Potential overland movement(s) offrogs may occur within any direction except those
areas associated with the development project which is located adjacent to Tassajara Road. The
development area is not considered a potential migratory route for CRLF. The CRLF popnlation
cunently within the constructed CRLF pond and within the East Fork of Tassajara Creek are
anticipated to have access to all previously cxisting overland movement routes.
5
2.5 Evaluation of Potential CTS Concerns
Califomia tiger salamanders are threatened hyhabitat 10ss due to urban development and agricultural
activities that can eliminate their natural habitat. Roads and flood control channels that dissect CTS
migratory routes can cause declines in CTS. CTS are preyed upon by introduced fish and bullfrogs
(Loredo 1996). A major factor that can directly influence CTS habitat is ground squiITel eontrol,
which occurs throughout Califomia (Petranka, 1998). The CNDDB identified CTS as occUlTing
within the Propeliy and at several off-site 10eations within the USGS 7.5 minute quadrangles for
Tassajara and LivemlOre as detailed in section 4.1. Potential negative impacts to CRLF associated
with the Project are limited to (1) development encroachment, (2) indireet breeding habitat impacts,
and (3) fmiher fi.agmentation of isolated habitats. These three potential impacts are discussed below.
2.5.1 Del'elopment Encroaehment
Construction associated with tbe Development Project will result in the dcvelopment of lands that
are cmTently open space areas used for grazing lands. Construction would remove 23.5 acres ofland
within a 67.8 acre development site potentiallyuscd as CTS estivation habitat. Grading would occur
within 50 feet of the breeding pond. This activity would be focused on thc westem side of the pond.
Development (construction of a cul-de-sac) would occur 125 fect west of the pond.
2.5.2 Breeding Habitat Impaets
Potential CTS breeding habitat includes the upper pond (pond No.1, where CTS larvae have been
sighted) and pond No.2. The CTS brceding pond will be fenced off and will remain undisturbed.
No direct breeding habitat impacts are expected as a result of thc Development Project. Project
construction and the ereation of paved surfaces, stonn drains and roads may disrupt CTS migration
to the breeding pond hom othcr locations sun.ounding the Property.
2.5.3 Fragmelltation of Habitat
The Developmcnt Project proposcs to set aside the CTS breeding ponds and immediately
surrounding estivation habitat for CTS conservation. The Project could potentially impede
movcment of CTS to and hom the ponds from those arcas located to the west. This ineludes
locations west ofTassajara Road. It is possible that CTS migratory routes to the breeding pond from
other locations could be potentially disrupted by the Development Project. Potentia] overland
movement(s) ofCTS may be restricted by Project construction activities and after the Development
Projcct has been completed. An elevated 9-inch concrete wall will separate the open space habitat
within the Property from the Project construction area. This conerete wall is anticipated to prevent
CTS overland movement into the developed arca.
6
3.0 EXISTING CRLF HABITAT
CRLF were historically present throughout the Tassajara Creek watershed, and have been recently
documented in nearby areas including locations upstream and downstream from the Property along
~. Tassajara Creek alld i0s tributaries (as listed ill section 3.2). In addition, CRLF have been
recorded within stock ponds and seasonal drainages in the sunounding hills. CRLF have been
documented from the East Fork ofTassajara Creek yearly within the past three years and are known
to breed ill the pOlld located in thc north west corner of the site (Pond No.2). The area is eunently
rural in nature with grassland that has been used for agriculture. Ponds, creeks, smaller drainages,
and associated wetlands and riparian habitat as well as uplands habitat could constitute potential
CRLF habitat within alld around the Property.
3.1 Prescnce of CRLF and Associated Habitat at the Property
The Project area is located on the U.S.G.S. quadrangle map for Tassajara. Special-status species
reports were accessed by searchillg the CNDDB database by the Tassajara and Livemlore 7.5 minute
quadrallgle map represellting tbe Project site and extended habitat in adjacent areas along Tassajara
Creek:. Existing CRLF babitat includes the section of the East Fork Df Tassajara Creek that runs
through the Property, riparian habitat associated with the creek, the CRLF pond and associated
wetlands habitat, as well as in uplands habitat.
Several sighlings for CRLF were present in the Tassajara and neighboring Livemlore quadrangles.
111 addition, the CRLF has been found on the Property in previous surveys (Live Oak Associates,
2(03). CRLF egg masses were observed during a January20m site visit, confirming breeding in
2003. CRLF have been determined to occur on thc Property and are presumed on site. CRLF have
been documented from the East Fork of Tassajara Creek yearly within the past threc years and are
known to breed in thc pond located in the north west corner of the site (Polld No.2).
It is presumed that any perermial stream with three-foot dcep pool habitat located within the East
Fork of Tassajara Creek would bc considered suitable CRLF habitat. 111 addition, tl].e cOllstructcd
pond within the Property is appropriate CRLF breeding and ycar-round habitat. CRLF are also
known to use associated riparian, wetland, and upland habitat associated with penllanent sources of
water. Although CRLF may periodically use the upper pond, it is a seasollal pond and is unlikely to
be suitable for CRLF on a year-round basis.
The following sections di scuss specific habitat types present within the Propelty that could snppOlt
the CRLF.
3.1.1 East Fork of Tassa;ara Creek
The East Fork ofTassajara Creek is defined by a very deeply incised bed and bank. Approximately
1,460 linear feet oflhe channel occur along the northwestern property line. The active channel has
an average width of approximately 5 feet and lics approximately 20 feet below the top ofthc bank.
7
A nan.ow flood terrace is also located along portions of the creek adding an average of9 additional
feet to the channel. The slopes ofthe banks approach vertical; however, a few locations occur that
are Icss steep allowing access to the channel. Scour is ongoing along the banks of the channel and
there is a lack of channel vegetation. The pOliion of the channel in thc Propeliy area and directly
downstream appears to be an erosional area. Water was flowing downstream at the time of the
survey with water depth avcraging approximately four inches. Fine gravel material and silt are found
in the bed of the creek. Where Tassajara Road crosses the creek, a large conugated metal culveJi
transports flows beneath the roadway. Approximately 1,200 feet southwest from thc Property, the
East Fork drains into the main channel ofTassajara Crcek. The pOliion ofthc East Fork ofTassajara
Creek flowing through the Propeliy is considercd to be appropriate habitat for thc CRLF.
3.1.2 East Fork Riparian Habitat
The riparian vegetation associ at cd with the East Fork ofTassaj ara Creek f01l11S a Sparse eover over
most of the channel. Riparian vegetation along the East Fork of Tassajara Creek includes anoyo
willows (Salix lasiolepis) and valley oaks (Quercus lobata) that are found along thc active portion
of the channel and up to the top of the bank. Blue elderbenies (Sambucus mexicana) and eoyote
brush (Baccharispilularis) were also observed as secondary species in the riparian cOlTidor and were
the only understory components along the channel. Several mature blue gum (Eucalyptus globulus)
occur on the top ofthe east bank and within the channel. The riparian habitat is considered to be
appropriate CRLF estivation habitat.
3.1.3 Intermittent Drainage Swale
Shallow intc1l11ittent drainage swales allow for the drainage ofthe hills on the Property and facilitate
flow in a northeast to southwest direction. The swales (Swale No. 1 and 2) discharge into a
constructed stock pond (Pond No.1). These swalcs are fed by two seeps that provide water to the
system after ston11\vater runoff has ceased. Both swale fcaturcs arc inte1l11ittent, however, a longcr
period of water flow occurs in these waterbodys due to the influence of the two seeps upstream.
Swale No. ] was observed to contain patches of spike ITlsh (Elcocharis macrostachya) and salt grass
(Distichlis spicata) whieh are perennial plants, thus rcfleeting the 10ngerperiod of water saturation
in the system. Water was observed to trickle down the channel during a winter survey. Swale No.
2 is slightly incised at several locations and contained scverallimited arcas whcrc vegetation was
lacking. These swales could scasonally be used by the CRLF.
3.1.4 Seeps Along Intermittent Drainage
Two seeps occur on intermittent drainage channcl No.1 supporting salt grass (Distichlis spicata),
spike rush, and rabbit's foot grass (Polypogon monspeliensis). Associated plant species observed
in the seeps consisted of Meditenanean barley and Italian rye grass. Both features were similar,
exhibiting comparable soils, hydrology and vegetation. Water was observed to trickle from both
seeps and innundation and saturation was documented. Secp No. 1 is located in the nOlih east em
8
corner ofthe property where drainage chmmel No.1 originates at the Property line. Seep No.2 is
located nOlth of the stock pond (Pond No.1) on the west side of the charmel. The seeps contain
habitat that ean bc utilized by the CRLF on a seasonal basis.
3.1.5 Stock Ponds
The upper stock pond (Stock pond No. I) has been constructed at the confluence of drainage No. I
and No.2. This feature is located at the southeastem portion of the property. The pond is
approximately 70 x 99 feet in size and is approximately one to four feet deep. The vegetation within
the pond consists of emergent pIants such as water plantain (Alisma plantago-aquatica) and spike
rush (Eleocharis macrostachya). The edges of the pond did not support vegetation due to the
fluctuation in water levcls that precluded the germination of seeds. A rock and concrete spillway
was constructed to allow water to flow down the channel during storm events. As discussed in
Martin (1992), the CRLF can disperse away from their natal aquatic habitat to occupy isolated
aquatic habitats during the winter rainy season. Therefore, the CRLF may seasonally utilize pond No.
I.
The lower stock pond (Stock pond No.2) is locatcd along the east bank ofthe East Fork ofTassajara
Creek in the nOlthwestel11 comer ofthe Properiy. This pond was recreated in the spring of200 1 and
planted with freshwater marsh and riparian species such as cattails (Typha latifolia), three square
(Scirpus americanus), arroyo willow, western sycamore (Platanus racemosa), and cottonwood
(Populusfi'emontii). The pond is approximately 9,280 squarc feet (58' x 160') in size. Pond depths
range from several inches along the edge of the pond to 13 feet deep near the center. Pond N. 2 is
a CRLF breeding pond.
3.1.6 Adiacent Uplands Habitat
The CRLF may estivate in small mammal bUITOWS OCCUlTing in moist upland habitat (Rathbun et al.
(1993). Uplands habitats present at the Property are described below.
Non-Native Annual Grassland
Non-native grassland habitats on the Properiy resemble the non-native annual grassland as described
in the Goals Project 2000. The vegetation observed in the alU1Ual grassland habitat consists of
species typical to highly disturbed habitats al1d consists of non-native weed species. The dominant
grassland species on the hillsides of the property consisted of soft chess (Bromus hordeaceous), rip-
gut brome (Bromus diandrus), wild oat (Avena fatua), MeditelTanean barley (Hordeum murinum var.
gussoneanum) and ltalian rye grass (Lolium multiflorwn). Forb specics found intenl1ixed with thc
grasses consistcd of annual weeds such as pJickly lettuce (Lactuca seriola), dove geranium
(Geranium mol/e), field bind weed (Convolvulus arvensis), yellow-star thistle (Centaurea
solstitialis), black mustard (Brassica nigra), and dove weed (Eremocarpus setigerous).
9
Native Perennial Grassland
The vegetation on the nOlih facing stapes di ffered slightly from the south and west facing hillsides
as perelmial blue rye grass (EI)Ilnl1s glal1cus) composed 50 pcrcent of the vegetation. The change
in vegetation was significant enough for the native perelmial grassland habitat to be distinguished
ii.om the dominant annual grassland habitat. This habitat was found on the nOlih face of the nOlihem
most hillside and on thc north slope of the second hill line (to the south ofthe nOlih propeliy line).
In addition to grasses, native forb species were observed to have genninated on thc north facing
slopcs but wcre not identifiable to thc species level. Dicots such as butter cup (RIll11.iJ1eulus sp.),
larkspur (Delphinium sp.), soap root (Chlorogalum sp.), owl's clovcr (Castilleja sp.), sanicle
(Saniel1la sp.), clar.kia (Clw'kill sp.) and others wcrc observcd to be growing on the north-facing
slopcs.
3,2 Existing CRLF Sightings in the Vicinity of the Property
Several CRLF rcpOlis were present for the Tassajara quadrangle and the adjacent Livcl1110rc
quadrangle (CNDDB 2(04) Existing CNDDB records repOli CRLF occun.ing within the Tassajara
Crcek, Marsh Creck, Kelogg Creek, Cayetano Creek, Collicr Creek, Altamont Creek, and in stock
ponds and other waterbodies occulTing within many of those watersheds (CNDDB 2(04). CRLF
havc been documented within the East Fork of Tassajara Creek, as well as in the main channel.
Numerous sightings have been documented over the past five years in thc region, and include
locations upstream and downstream ii.om the Propcliy along thc Tassaj ara Creek and i~ tributari es.
In addition, CRLF have becn recorded within stock ponds and scasonal drainagcs in the surrounding
hills
4,0 EXISTING CTS HABITAT
CTS werc probably historically present in the seasonal pond habitat throughout thc Tassajara Creek
watershed and sUlTo\.mding watersheds. As detailed in section 4.2, CTS have recently bcen
documented onsite (Pond No.1) and in nearby areas including an adjacent parcel occulTing to the
south of thc Propcliy.
4.1 Prescnce of CTS and Associated Habitat at the Property
The Projcct arca is located on the U.S.G.S. quadrangle map for Tassajara. The Property is currently
rural in nature with grassland that has been used for agricultural activities including cattle gTazing.
CTS have becn sighted earlier this year in thc upper pond (Stock pond No.1), which was recently
constructed as pari of a mitigation measure (Live Oak Associates 2004). The pond is loeated
approximately half way up the hi]] at the base of an intenllittent drainage fced by seasonal seeps on
the hillside. This pond consists of a constructed bel111 and spillway placed across the drainage. This
pond has also been known to suppoli breeding CTS in prcvious years. Although CTS have not been
found in the lower pond (Stock pond No.2) they could occur there as CRLF and CTS may co-occur
10
in pond habitat. Surronnding grassland habitat is abundant with Califomia ground squin-el burrows,
which are uscd as estivation habitat by the CTS.
One CNDDB listing for the CTS occurs on the Propeliy at the upper stock pond (2000 listing). Dr.
Mark J elmings is the biologist who identified CTS larvae at the npper stock pond in surveys carricd
out between 2000 and 2004. CIS larvac were found in the uppcr stock pond in April 2004. Dr.
Jennings indicated that no CTS larvae werc found in the lower pond where Califomia red-legged
frogs (Rema at/rora draylol1ii) arc known to occur, possibly due to the depth ofthe pond and inabi lity
to adequately survey the feature. However, it is possible that CTS could occur at the lower stock
pond (Jennings 2(03).
CTS bavc also been recorded at nearby loeations including Tassajara Creek Regional Park, which
is on the other side ofTassajara Creek. CTS were sighted in a stock pond occurring within Tassajara
Creek Regional Park in 2002. Details of potential CTS habitat on the Propeliy are presented in the
following sccUons.
4.1.1 Upper Stock Pond
Stock pond No.1 is described in detail in section 3.1.5. This seasonal pond can hold watcr for 10-12
weeks or more, which allows CTS larvae to complete development through metamorphosis. The
abundant emergent vegetation within the pond (water plantain and spike rush) providcs good cover
habitat for CTS. Even though CTS werc not observed in Stock Pond No.2, it could provide
appropriate habitat for breeding CTS and for CTS larva.
4.1.2 Adjacent Uplands Habitat
CIS utilizc burrows created by small mammals, especially ground squirrels and pocket gophers.
Adult CTS spend an average of six to nine months per year in the burrows, where they await the
arrival of fall or winter rains. Ground squirrel bun'ows are critical estivation habitat for the CTS at
the Propeliy. The loss of burrow systems could be a potential threat to the continued existenee ofthe
CIS.
An assessment of potential CTS habitat was performcd in November 2003 (see Attachment No.3).
The area between the two stock ponds and the surrounding hillsides werc examined for the presence
potential CTS cstivation habitat including:
· Califomia ground squin.el burrows. The Propeliywas surveyed forpotential CTS aestivation
habitat by walking along the relatively level pOliion of the Property on the east side of
Tassajara Creek and by noting the abundance of Califomia ground squilTel burrows
encountered.
· Other small 111ammal bunows. The Property was inspected for other small mammal burrows.
· Deep cracks in the ground. The Propeliy was inspected for the presence of deep cracks in thc
soil that could potentially provide CTS aestivation habitat.
11
BUlTOWS were abundant along the hills on either side of the intemlittent channel draining into Pond
No.1. There was also a high density of bUlTOWS along the hillside between the two ponds. Deep
fissures in thc ground were also sighted wi thin this area. The lower portions ofthe Property, closer
to Tassaj ara Road, appear to be heavily used by cattle resulting in compacted soils with few hurrows.
Based upon these observations, CTS estivation habitat is likely to be abundant within these hillside
areas ofthe project. Upland grassland habitat adjacent to the stock ponds is abundant with California
ground squirrels and is suitable CTS estivation habitat. Details of plant species found in the existing
uplands habitat are provided in section 3.1.7.
4.2 Existing CTS Sightings in the Vicinity of the Property
Scveral CTS reports were present in the U.S.G.S. 7.5 minute quadrangles for Tassajara and
Livermore (CNDDB 2(04). Recent records indicate the presence of CTS in ponds and adjacent
habitat around Dublin and Livermore within Tassajara Creek watershed, Marsh Creek watershed,
Cottonwood Creek watershed, Cayetano Creek watershed and Syeamorc Crcek watershed (Cl\TDDB
2(04).
CTS have been documented in Pond No.1 and on the adjacent parcel occurring to the south of the
Property (see Attaclmlent No.7). The CNDDB idcntifies many CTS records in the Livel1nore
quadrangle. There arc two sites with CTS within one and one half mile of the Propel1y. One site
is located along Doolan Road, approximately 2.5 milcs n0l1h of Interstate 580, n0l1hwest of
Live1111ore. The other record places the amphibians on the west side of Tassajara Creek,
approximately 0.6 miles n0l1h of the Santa Rita County Rehabilitation Center. There are five
records ofCTS along the IJlterstate 580 which place them over two miles south oftbe Prope11y. The
records for CTS span between 1970 to 1999. The majOlity of the records are between 1997 and
1999. Live Oaks Assoeiates eondueted CTS survcys in April 2004. Two larval CTS were detected
in the upper stock pond (Pond No.1). Brceding habitat has becn eonfinlled on the Property.1t would
therefore, be assumed that the upland habitat sUlTounding the pond is suitable estivation habitat.
5.0 BIOLOGY OF THE CALIFORNIA RED-LEGGED FROG
The CRLF was listed as a threatened species on May 31,1996 (61 FR 25813). Tbe CRLF (Rana
aurora draytonii) is the largest native frog in the westem Unitcd States. 1t is endemic to Califomia
and Baja Califomia, Mexieo. The CRLF is one of two subspecies of the red-Ieggcd frog. 1t is
typically found from sea level to elevations of approximately 1,500 meters (m) (5,000 feet [fl]). The
CRLF ranges in body length fi.om 40 to 130 millimeters (nD11) (1.6 to 5.1 inches [in.]), with adult
females attaining a significantly 10nger body length than males (138 mm (5.4 in.) versus 116 mm
[4.6 in.]) (Haycs and Miyamoto 1984). The posterior abdomen and hind legs of adults vary in color,
but are often red or salmon pink; the back is characterized by small black Decks and larger inegular
dark blotches with indistinct outlines on a brown, gray, olive, or reddish-brown background color.
Dorsal spots usually have light centers (Stebbins 1985), and the dorsolateral folds are prominent.
Larvae range from 14 to 80 mm (0.6 to 3.1 in.) in length, and the background color of the body is
12
dark brown or olive with darker spots (Storer 1925). A line of very small, indistinct gold-colored
spots in the tadpoles develops into the dorsolateral fold in the adult.
Historically, the CRLF was found west of the Siell.a-Cascade crest at elevations below 4,500 feet
elevation (Federal Register, May 23, 1996). It is generally found at elevations below 4,000 feet, but
has been found above this (Martin 1992). The CRLF is a highly aquatic species typically found in
cold water ponds and stream pools. Ideal breeding habitat includes still water with dcpths exceeding
0.7 melers and overhanging vegetation such as willows, as well as submergent and emergent
vegetation created by downed logs and exposed root masses. However, the CRLF have been found
in less than ideal habitats and a combination of these factors is more important than an individual
habitat component (Hayes and Jennings 1988).
This species of frog breeds along aquatic vegetation in deep, slow water (<2% gradient)
environments during the months of November though March in most oftheir eUll.ent range (Federal
Register, May 23, 1996). Egg masses are typically attached to vertical emergent vegctation, sneh
as bulrushes or cattails (Jennings et al. 1992). The time to metamorphosis of the eggs is highly
dependent upon temperature (Calef, 1973). Permanent or nearly permanent pools are required for
tadpole development, and emergent and overhanging vegetation is used as refugia by adult frogs.
Ponds with cattails or other emergent vegetation provide good cover (Martin 1992).
The CRLF requires permanent aquatic habitats for breeding, feeding and shelter. However, as adults,
they may also utilize moist, sheltered, terTestJial habitats near streams. In the proposed ruling to list
this spccies, the Unitcd States Fish and Wildlife Service cites Rathbun et aJ. (1993) in reporting that
this frog estivates in small mammal burrows and moist leaf litter up to 300 fect fiom water in dense
riparian vegetation.
During wet periods, especially in the winter and carly spring months, CRLF disperse away from their
breeding habitat to seck suitable foraging habitat. Small to medium perennial streams ean also
provide breeding habitat if the streams are protected from seasonal devastating scouring flows.
Strcams in this category generally have the potential for deep pools and riparian vegetation to
provide the habitat requirements for this frog. Pem1anent or ncarly per111anent pools which hold
water into the summer are required for tadpole development. Emergcnt and overhanging vegetation
is used as refugia by adult frogs. While CRLF are generally found in or near water, these frogs win
often disperse away from natal ponds (up to 1 mile) after rain st0l111S (Martin 1992) sometimes
ending up in isolated aquatic habitats.
Dispersal habitat gencrally ineludes moist, shaded areas with vegetation that 'provides cover,
however; individuals may move through areas that could be considered to be unsuitable for fi.ogs.
NOlmally, frogs travel along ripalian cOlTidors and can be found adjacent to streams, meadows or
marsh areas. Adults feed primarily on aquatic and telTcstrial inveliebrates, but large adults will eat
small rodents such as deer mice (Jennings, personal communication, 1997).
13
6.0 BIOLOGY OF THE CALIFORNIA TIGER SALAMANDER
The CTS is a large and stocky amphibian with a broad, rounded snout. Males may reach about eight
inches in length, and females measure nearly seven inches. They have white or pale yellow spots or
baTs on a black baekground. Their undersides can vary from almost unif011l1 white or pale yellow to
a varying patte11l of white or pale yellow and black.
6.1 CTS Morphology
The CTS is a large terrestrial salamander with adults attaining a totallength of over 8 inches (203
millimeters) [Stebbins 1951 J. Dorsally the background color appears to be jet black, nonnally with
an overlain pattem of white or yellow spots or bars (Stebbins 1985). Ventral surfaces are highly
variablc in patte11l, ranging from nearly uniform white or pale yellow to variegated white or pale
yellow and black (Jenning aud Hayes, ]994). Juvenile salamandcrs are] .7-2.8 inches (42-70
millimeters) from tbe top ofthe snout to the rear ofthe vent and have the same coloration pattc11l
as adults. Salamanders that are recently metamorphosed often have a pale yellowish-brown or tan,
or. greenish-colored dorsum with dark flecks and blotches (Jennings unpublished data). These
blotches soon fade to a white or yellow color after a few weeks. Larval salamanders range in size
from 0.4-6.6 inches (11-150 millimeters) in total length with a pale yellowish-brown ordark-eolored
dorsum (Anderson 1968). External gills and legs are prominent features on all salamander larvac
over 2 weeks old (Storer 1925).
6.2 CTS Life History
Breeding of adult CTS has been obscrved from late November through Febmary following the onset
of win terrains (Storer 1925, Barry and Shaffer 1994). Based on obscrvations made during the] 990s,
salamanders often do not breed during pcriods of aseasonally cold rains or during drought (whether
breeding ponds are filled with water or not) [Bany and Shaffer 1994; .Iennings unpublished data].
Both males and females engage in noctumal breeding migrations traveling up to 1 mile (1.6
kilometers) [Austin and Shaffer 1992J or more from subtenanean refuge sites (e.g., small mammal
bunows) [Loredo and others 196] J to breeding ponds or long-lasting rain pools (Anderson 1968).
Adult salamanders arc possibly stimulated to move to breeding sites by the vibrations of rainwater
falling on the soil, as adult male salamanders have been observed (after preceding nights of rainfall)
wandering on the dry soil of rain pools that have not yet filled (Je11l1ings unpublished data).
Sites used for reproduction arc typically natural pools that fill with rainwatcr and artificial stock
ponds; however, salamandcrs have also been observed to breed in springs, wells, artificial reservoirs,
quanyponds, man-made canals, and rarely, in the slack waters of oxbows in medium-sized streams
(J ennings unpublished data). Such sites mayor may not contain dense amounts of aquatic and
streamside vegetation. The highest numbers of larvae appcar to occur in aquatic habitats that are
largely devoid of any vegetation and contain very turbid water. 111 such situations, salamander larvae
often hide during the day in the deepcr pOliions ofthc pond or under debris (such as dead Russian
thistles [Sa/sola tragus]) that blow into the pond (Jennings unpublished data). Since salamander
14
larvae are very cryptic in coloration, they are often hard to observe in the turbid waters ofbrecding
habitats.
Anecdotal evidence suggests that salamanders have a high degree of sitc fidelity to their breeding
ponds and also to the sma11 mammal bunows they use for rcfugia (Shaffer and others 1993; J enl1ings
unpublished data). For example, a gravid, adult fcmale CTS removed from a breeding pond and
transported to a newly crcatedmitigation pond moved a straight-line distance of approximately 0.9
miles (1.4 kilomcters) back to the original point of capture over a 3-week period (Duke and others
1998).
Males generally precede females during the breeding season by 1-2 weeks (Shaffer and others 1993;
Loredo and others 1996). Following underwater eourtship from oneormore males, females normally
deposit their moderate-sized eggs (0.13-0.21 inches [3.6-5.9 millimeters] diameter) singly on
vegetation and other debris in the shallow margins of rainwater pools (Storer 1925). Large females
may deposit up to 350 eggs per season, although most females only deposit 100-200 eggs (Jennings
unpublished data). Adult salamanders apparently leave breeding ponds soon after spawning (Storer
1925), although they may forage for up to a month in the general arca if conditions continue to be
moist (Bany and Shaffer 1994). Most salamanders soon return to estivation habitats in small burrows
where they spend approximately 9-10 months underio'round until the next winter rains (Bany and
Shaffer 1994; Jennings unpublished data)
Embryos ofCTS hatch in approximately 14-28 days after being laid (Storcr 1925) and the resulting
gilled aquatic larvae (0.41-0.43 inches [10.5-11 millimeters] in length) requirc a minimum of about
lO-12 weeks to complcte developmcnt through metamol1)hosis. At metamorphosis, young
salamanders have attained a total length of about 2.6 inches (75 millimeters) [Anderson 1968, Feaver
1971]. Metamorphosis is apparently initiated by receding water levels in breeding ponds and most
larval salamanders do not metamorphose until thcy are as large as possible (Feavcr 1971). Although
thcnative breeding habitat for this species n0l111ally dries each year and metamorphosis is paramount
undcr such conditions, there are a few obscrvations oflarval salamanders overwintering in artificial
constructed permanent ponds (Shaffer pers com.). The overwintcring oflarvae (especially to sexual
maturity) is C0111mon in many closely related species of mole salamanders (Ambystoma spp.) Found
in other parts of North America (Stcbbins 1985, Petranka 1998).
6.3 CTS Prey and Predators
CTS larvae are call1ivorous and feed on just about any organism they Call overpower- including
smaller con specifics (Feaver 1971). Larger larvae have been observed to feed on the larvae of Pacific
tree frogs (Hyla regi!!a), California toads (Bufo boreas halophilus) and Westel11 spadefoot toads
(Scaphiopus hammol1dii), as well as many aquatic invertebrates (Anderson 1968, Feavcr 1971;
JCJlllings unpublished data). During estivation,juvenilcs probably feed on the rich inver1ebrate fauna
that is nOl11lally associated with small mammal bunows and grow rapidly over the next several
months. Adult CTS apparently eat the same food organisms as juvenile salamanders (Morey and
15
Guinn 1992; .I ennings unpublished data) and may live as long as 20+ years in the wild based on the
longevity of other closely relatcd species in captivity (see Snider and Bowler 1992).
Predation to salamanders is probably minimal in underground refugia. .luveniles and adults are
known to be eaten by bullfrogs (Rana catesbeiana), galier snakes (Thamnophis spp.), and probably
black-crowned night herons (Nycticorax nycticorax) and raccoons (Procyon lotor) when they are
present on tbe surface during the wet winter and spring months (Morey and Guinn 1992; Jennings
unpublished data). Larvac are eaten by a wide varictyofpredators including gaJier snakes, bullfrogs,
Califol1lia red-legged frogs, herons (Ardeidac), tems (Sterna spp.) And apparently fish whcn the
latter are introduced into breeding ponds (Baldwin and Stanford 1987, Shaffer and others 1993,
Fisher and Shaffer 1996; Jennings unpublished data).
6.4 Estivation
Following metamo'l,hosis (normally from early May through July), juveniles cmigr.ate en masse at
night from the drying breeding pond (Holland and others 1990; Iennings unpublished data).
Traveling distanecs of up to I mile (1.6 kilometers) or more from breeding sites juvenilc
salamanders wander into small mammal bunows or deep cracks in the soil, which they use as refugia
during the hot summer and fall months (Shaffer 1993, Loredo and othcrs 1996). .luveniles will also
wander into certain man-made structures such as wet basemcnts, wells, underground pipes, and
septic tank drains (Storer 1925).
MOliality of juvcniles can be high during this transition pel~od due to the stress of mctamOll'hosis
and thc problems of finding a suitable refuge site before the sun comes up. For example, Holland and
others (1990) found almost an cntire COhOli of CTS killed by unsuitable weather conditions when
tbey attempted to cmigrate from their breeding pond during the late summer. Data suggests that most
individuals require 2 years to become sexually mature, but somc individuals maybe slower to mature
during periods of drought or aseasonal rainfall (Shaffer and others 1993).
Juvenile and adult CTS normally use the burrows of Califol1lia ground squirrels (Spermophilus
beccheyi) and Botta's pocket gophers (Thomomys bouae) as undcrground rcfugia (Storer 1925,
Jelmings and Hayes 1994, Jennings 1996, Lorcdo and others 1996). Bothjuvenile and adult CTS
have been known to settle into occupied and unoccupied Califomia ground squinc1 bunows to
estivate (Loredo and others 1996).
CTS have also been observed in the burrows ofCalifol1lia voles (Ji1icrotis califomicus), blacktail
jackrabbits (Lepus califomicus) and the deep cracks of clay soil which may extend up to IS-feet (4.6
meters) deep from the soil surface (Loredo and others, Jennings unpublished data). CTS may also
tum up in certain man-made structures (e.g., wet basements, wells, swimming pools, underground
pipes, and septic tank drains [Storer 1925, Pickwell 1947J, sometimes many ycars after their local
breeding site has been destroyed (Jennings unpublished data). Juvenile and adult salamanders are
especially common in situations where piles of concrete, rock, or other rubble are mixed with dili
and are located near breeding sites (Jennings unpublished data). This is probably because such sites
16
are attractive to burrowing rodents that ere ate extensi vc tunnel and burrow systems that are in tUl11
used by crs.
7.0 MITIGATION, AVOIDANCE AND PREVENTATIVE MEASURES
7.1 Goal and Objectives
The goal of the CRLF and CTS mitigation, avoidance and preventative measures are to enhance
existing habitat and ensure the continued viability ofCRLF and CTS populations located within and
around thc East Fork ofTassajara Creek and the existing ponds occurring on thc Property. All effOlis
will be made to avoid impacts to CRLF and CTS during project construction and following
completion ofthe residential development community. This can be accomplished by implementing
the following measures:
. Create additional wetland breeding habitat for CRLF and CTS within a constructed basin
located along the southern embankment of the East Fork of Tassajara Creek;
. Improve the quality ofwatcr and aquatic habitat within thc East Fork of Tassajara Creek
through the cstablishment of setback buffcrs and planting of riparian vegetation along the
creek corridor;
. Provide for a monitoring period to detc1111ine the level of success of the plan and allow
ongoing adaptive Illanagclllent strategies, plan revisions and inlprovenlcnts;
. Penllanently proteet open space upland areas surrounding the ponds to allow for CRLF and
CTS movcment corridors and estivation habitat;
. Manage toward self-sustaining habitat eonditions that will benefit the CRLF and CTS;
. Provide long-ten1ll11anagement and maintenance of the riparian corridor ofthe East Fork of
Tassajara Creek and the breeding pond within the project area;
. Protect existing ponds, associated riparian vegetation and potentialupland estivation habitat
dUling construction with fencing and the use of a biological monitor;
. Avoid any take or adverse effects from the Development Project on CRLF and CTS;
. Ensure the proposed trail access and similar elements are buffered so that the creek corridor
and CRLF/CTS breeding pond are protected from human disturbance;
. Provide fencing and signs to discourage the introduction ofpeople and domestic animals into
the riparian area and increase public awareness of sensitive habitats;
. Provide worker education and restrict access to sensitive or created wetland areas during
construction;
Mitigation actions that will help achieve the above objectives are described in the following section.
7.2 On-site Habitat Mitigation
Habitat protection during and after Project constmction will occur within and adjacent to the creek
corridor and to the ponds. Restoration effor1s will include the planting of native vegetation adjacent
17
to and within existing creek habitat along the East Fork of Tassajara Creek. Riparian restoration
activities will include infill planting of native riparian spceies within tbe establishcd1 OO-foot setbaek
buffer area separating the development from the creek cOITidor. Attacbment No.5 includes a
prcIiminalY list of plant species to be used in thc restoration efforts. Once these mitigation measures
are implemented, CRLF and the CTS will bcnefit from the creation and improvement of existing
habitat features and through preservation of existing CRLF and CTS habitat. Additional wetland
habitat would become available to CRLF and CTS within the non-maintained portion of the
constructed basin. The basin will be constructed to allow wetland vegetation to grow and provide
additional habitat value to species utilizing the East Fork of Tassajara Creek cOITidor. Post
devclopmentmitigation measures would include the constlllction ofmovcmcntbarriers sUITounding
the development projcct. The purpose ofthcse baniers is to prevent movement of CRLF and CTS
into the development project. A eombination of walls, fencing and vcgctation scrcening would be
used to accomplish this goal. On sitc mitigation measurcs arc provided in detail below:
· Create additional wetland breeding habitat for CRLF and CTS within a constructed
basin located along the southern embankment of the East Fork ofTassajara Creek;
A total ofO.OOJ aercs of wetland habitat will be affected by outfall constlllction. Mitigation
actions will include the construction of an additional 0.14 acres of pond babitat for CRLF
and CTS use within the non-maintained pOliions of the constructed basin. Constructed
wetlands could provide additional breeding habitat for both species. Permanent exclusion
fences will be installed to protect both the upper pond (Pond No.1) and the lower pond
(Pond No.2) and the constructed wetland areas within the basin. Permanent exclusion fencing
would be designed to allow unintenupted movemcnt ofCRLF and CTS while preventing
people, pets and other larger predator specics from access.
· Improve the quality of water and aquatic habitat within the East Fork of Tassajara
Creek through the establishment of setback buffers and planting ofriparial1 vegetation
along the creek corridor;
\\lith the exception of the outfall construction area, no riparian cOITidor habitat OCCUlTing
along the East Fork of Tassajara Creek will be disturbed during construction. Proposed
mitigation for impacts to wetlands/waters and project development in close proximity to the
riparian conidor will include tbe restoration of 6.5 acres of riparian habitat. Restoration
activities will occur within a 1 OO-foot setback buffer betwecn the developmcnt site and the
creek.
· Provide for a monitoring period to determine the level of success of tile plan and allow
ongoing adaptive rnanagenlcnt strategies, plan revisions and inlprOVCJnents;
MonitOling ofthe restored/created wctland and riparian habitat and existing ponds will occur
for a five-year period following mitigation implementation. Mitigation activities will also
include CRLF and CTS monitoring of the ponds to document use by these species.
18
. Permanently protect open space upland areas surrounding the ponds to allow for
CRLF and CTS movement corridors and estivation habitat;
A total of 44.3 acrcs of habitat will be set aside as penllanent open space to allow for CRLF
and CTS movement cotTidors, breeding habitat and to provide estivation habitat for both
species. Permancnt open space areas will include the East Fork ofTassajara Creek, the 100-
foot restored riparian setback buffer, the 0.14 acre created wctland, Ponds 1 and 2 and all
upland habitat outside tbe development footprint.
A batTier to CRLF and CTS movement will be construct cd around the Development Project
to discourage migration of these species into the development following construction. A
concrete/wood barrier will be placed along the majOlity oftbe Property perimeter including
development lots and streets to deter movement of CRLF and CTS onto the Development
Propelty.
. Manage toward se[f~sustaining habitat conditions that will benefit the CRLF and CTS;
The overall objective oftbe mitigation proposal is to create self-sustaining habitat that will
benefit the CRLF and CTS. Management consideration will be developed and identifIed in
a wetland and riparian mitigation and monitoring plan to ensure the successful establislU11ent
of habitats.
. Provide long-term management and maintenance of the riparian corridor of the East
Fork of Tassajara Creek and the breeding pond within the project area;
Success of the proposed mitigation mcasures depends on long-tenn management and
maintenance ofthe riparian corridor ofthe East Fork ofTassajara Creek, the breeding ponds
within the project area and the upland habitat surround these features. Provisions will bc
made to identify an entity to pennanently manage and maintain the pennanent open spacc
for the benefit of CRLF and CTS.
7.3 Mitigation Measures fOl. Construction Impacts
This plan proposes on-site avoidance mcasures in the f0l111 of habitat protection and preservation as
well as implemcntation of various constlllction-reIated preventative measures, including the presence
of an on-site biological monitor during initial grading activities, undergTOundntility installation,
sto1l11Water basin construction and installation ofthe outfall structure. The self-imposed measures
detailed by this document are designcd to ensure that no "take" ofthe CRLF will occur and reduces
the potential for "take" of the CTS.
With the exception of the outfall and st0l111Warter basin, development activities will avoid the creek,
riparian and pond habitat by creating a pel11mnent open space buffer between the edge of these
habitat features and the boundary of the Development Project. In addition, the following self-
19
impo~ed preventative measures shall be implemented by the contractor and the applicant to minimize
potential impacts and/or "take" ofCRLF and CTS as a result ofthe Development Project: Mitigation
measures wi]] ensure that constmction-related procedures minimize potential impacts Oil existing
CRLF and CTS and their habitat. Constlllction mitigation measures are detailed below:
CRLF/CTS Preventative Measure (PM) 1: Pre-construction surveys of the projcct area will be
perfom1ed by the Ecological Monitor (EM)no more than 48 hours prior to the commencement of
work. Upon completion ofthe surveys and under the obscrvation of the EM a fence constructed
with erosion control fabrie held in pI ace by t-posts and buricd 4" in the surface will be placed
along the project interface with the riparian cOlTidor and ponds to create a banier to CRLF and
CTS movement info the construction areas. The balTier wi]] be inspected daily by the EM to
ensure that it is maintained as constructed. If required the fence shall be repaired, reburied, or
reinstalled to its original state under thc supervision of the EM. A 10 to IS-foot area in the
immediate vicinity of proposed barrier fence will be cleared of vegetation. Vegetation within
this buffer area should be maintained to allow visual observation of the area. All vegetation
cleating in the huffcr area shall be conducted under supervision ofthc EM.
CRLF/CTS PM 2: If during eonstruction, a CRLF or CTS is sighted within the construction
area, all work shall cease within 100 fect of the individual encountered. The EM shall be
contacted to identify the species. Ifthe EM is not present, no work shall occur within a 100-foot
radius of the individual until the CRLF or CTS has voluntarily movcd out ofthe constmction
site. At no time shall any individuals handle CRLF or CTS other than a permitted biologist. As
stated under Federal law any person relocating CRLF or CTS sha]] hold a valid 10(a)(1)(A)
Scientific Collection Pem1it from the U.S. Fish and Wildlifc Service that covers these activities.
CRLF/CTS PM 3: During initial site grading, underground utility installation and mechanical
vegetation removal, the development site shall be monitored by an EM on a daily basis during
the hours of construction. After initial site grading, undcrground utility installation and
mechanical vegetation removal, an EM shall be on-site once a wcek or on an as need basis.
CRLF/CTS FA14: During initial site grading and underground utility installation a qualified
biologist/environmental monitor shall educatc the construction ercws on biology ofthc CRLF
and the CTS and on the impoliance ofthe on-site habitat. The educational discussion shall
include a discussion to ensure unintended impacts do not occur, and that construction praetiees
minimize temporaty construction-related impacts to CRLF and CTS habitat. A]] construction
supervisors, foreman and constlllction crew leaders shall be given a copy of a CRLf and CTS
construction avoidance and preventative measures handout summarizing project mitigation
measures specific to construction activities. A written statement or signature sha]] be obtained
from each individual verifying that they have read and undcrstand the contents of this document.
A copy sha]] remain on site during all construction activities.
CRLF/CTS PA1 5: Thc construction area shall bc fenced at all times during construction with
bright orange construction fencing. The fencing shall be installed at an off-set of a minimum of 5
20
feet from the CRLF banier fence to ensure no intrusion occurs in these areas. Intrusions into the
fenccd arca will only be allowed with the permission of and under direct observation ofthc EM.
This fence should also be maintained by the contractor on a daily basis.
CRLF/CTS Pft16: Constlllction of the Development Project may result in the temporary,
construction-related impacts (dust, noise, etc.). These will be reduced to thc maximum extent
practicable thTOugh standard construction practices, i.e., Best Management Practices (BMP's).
8.0 RESPONSIBLE PARTIES
The project applicant and land owner ofthe development site is:
Standard Pacific Homes
3825 Hopyard Road, Suite 195
Pleasanton, CA 94588
Contact: Norman Soares
(925) 847-8700
(925) 847-9167
The environmental consultant overseeing implementation of the mitigation measures is;
01berding Environmental, Inc.
3127 Vistal110nt Drive, Suite 100
San Jose, CA 95118
Contact: Jeff Olberding
(408) -448-2322
(408) 448-2010 fax
21
9.0 REFERENCES
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salamander. Unpublished M.A Thesis, Fresno Statc College, Fresno, Califomia, vii+82 p.
Austin, Cc., and H.B. Shaffer. 1992 Sh01i-, medium-, and 10ng-tel111 repeatability of
locomotor perfomlance in the tiger salamander Al11bystol11a californiense. Functional Ecology,
6(2); 145-153
Baldwin, K.S., and R.A. Stanford. 1987. Life history notes: Al11bystol11a tigrinum californiense
(California tiger salamander). Predation. He111etological Review, 18(2):33.
Barry, SJ., and H.B. Shaffer. 1994. The status of the Califomia tiger salamander (Ambystol11a
califomiense) at Lagunita: a 50-year update. Joumal of Herpetology, 28(2): 159-164.
Calef, G. W. 1973. NaturalmOliality of tadpoles in a population of Ran a aurora Ecology 54:
741-758.
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locations ofhistOllc and current recorded occunences of special-status speeies and natural
communities of special concern for USGS 7.5 minute quadrangle map: Livemlore and Tassajara,
January 2004.
California Department ofFish and Game. 2004. Special animals.
http//ww.dfg.ca.gov/endangered/special_animals.html (J linc 2(04).
~~._. 2004a. State and federally listed Endangercd, Threatened, and Rare plants of
California. http://www.dfg.ca.gov/endangerec1Jt eplnt.pdf (April 2(04).
____. 2004b. State and federally listed Endangered and Threatened animals of
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957-03]. I+29 p.
Feaver, P.E. 1971. Breeding pool selection and larvalmoliality of three Califomia amphibians:
Ambystoma tigril1wl1 califorl1iense Gray, Hyla regilla Baird and Girard, and Scaphiopus
hal11l11011dii Girard. Unpublished M.A. Thesis, Fresno State College, Fresno, Califomia, vii+58 p
Fisher, R.N., and H.B. Shaffer. 1996. The decline of amphibians in Califo111ia's great Centra]
Valley. Conservation Biology, 10(5): 1387-1397.
22
Hayes, M. P., and M. R. Jennings. 1986. Decline ofranid frog species in westem NOlih
America: arc bullfrogs (Ral1a catcsbeiana) responsible') Journal ofHcrpetology, 20(4):490-509.
Hayes, M. P., and M. R. JelUlings. 1988. Habitat conelates of distribution of the Califol1lia red-
legged frog (Rana aurora dmytonii) and the foothill yellow-legged frog (Ral1a boylii):
implications for management. Pages 144-158 In: R. C. Szaro, K. E. Severson, and D. R. Patton
(technical coordinators). Management of Amphibians, Reptiles, and Small Mammals in North
America. Proceedings of the Symposium, July 19-21,1988, Flagstaff, ATizona. U.S Forest
Service, Rocky Mountain Forest and Range Experiment Station, FOli Collins, Colorado. GCl1cral
Technical Report (RM-166): 1-458.
Holland, D.C., M.P. Hayes, and E. McMillan. 1990. Latc summer movemcnt and mass
mOliality in the California tigcr salamander (Ambystoma ca/ifornicllse). Thc Southwcstern
Naturalist, 35(2): 217-220.
Jennings, M.R. 1996. Natural history notes: Ambystoma californiellse (Califomia tiger
salamandcr). Burrowing ability. Hel1)ctological Review, 27(4): 194.
Jennings, M.R. 1998. Conscrvation and biodiversity of amphibians and reptiles along the
central Califomia coast. Pagcs 33-40 In: Nona Chiariello and Raymond V. Dasmann (cditors).
Procecdings ofthc Symposium on Biological Divcrsity ofCcntral Califomia Coast. Association
for the Golden Gate Biospherc Reserve, University of Cali fomi a, Departmcnt of Environmental
Science, Policy, and Managcment: Cooperative Extension Forestry. vii+ 122p.
Jennings, MR, and M.P. Hayes. 1994. Amphibian and reptile species of special concern in
Califol1lia. Final RepOli to the California Dcpartment ofFish and Game, Inland Fisheries
Division, Rancho Cordova, Califomia, under contract number 8023. iii+225
Jennings, M.R., 2003. Personal Communieation with Dr. Jennings eonfim1ing the positive
identification of CTS at the Mission Peak Property during surveys conducted in 2000-2002.
Jennings, M. R. 1988. Natural history and decline of native ranids in Califomia. Pages 61-72
In: H. F De Lisle, P. R. Brown, B. Kaufman, and B. McGurty (editors). Proceedings of the
Conference On California Herpetology. Southwestem Herpetologists Society, Special
Publication (4):1-143.
Jennings, Mark R. and Marc P. Hayes. 1989. Final repOli on the status of the Califol1lia red-
legged frog (ROlla aurora draytonii) in the Pescadero Marsh Natural Preserve. RepOli for the
California Depalimcnt of Parks and Recreation, Sacramento.
Jennings, MR. and M.P.Hayes. 1990. Status of the CRLF in the Pescadero Marsh Natural
Prescrve. RepOJi to the CA DPR, Sacramento, CA.
23
Jennings, MR., M.P. Hayes and D.C. Holland. 1992 A petition to the US Fish and Wildlife
Service.
Jennings, Mark R. and Mare P. Hayes. 1994. Amphibian and reptile speeics of special conCCl11
in Califomia. California Department ofFish and Gamc, Sacramento.
Jcnnings, M. R. 1995. Dealing with amphibians and reptiles on public land in Califol11ia: how
wcll arc rcsource managers addressing this issue? Pages 19-22 111: R. R. Harris, R. Kattelmann,
H. Kell1er, and J. Woled (editors). Proceedings of the Fifth Biennial Watershed Management
Conference. University of Califol11ia, Davis, Water Resources Center RepOJi (86): 1-148.
Jennings, M. R. 2000. California red-legged frog, Rana aurora draytonii. Pages 201-204 In: P.
R. Olofson (cditor). Baylands Ecosystem Species and Community Profiles: Life Histories and
Environmental Requirements of Key Plants, Fish and Wildlife. San Francisco Bay Area Wetland
Goals Project, San Francisco Bay Regional Water Quality Control Board, Oakland, Califol11ia.
xvi+408 p.
Jennings, M. R., and M. P. Hayes. 1994a. The decline of native ranid frogs in the deseri
southwest Pages 183-211 In: P. R. Brown and J. W. Wright (editors). Herpetology ofthe
North American Deseris: Proeeedings of a Symposium. SOllthwcstem Herl'etologists Society,
Special Publication (5):iv+300 p.
Jennings, M. R., and M. P. Hayes. 1994b. Amphibian and reptile species of special concern in
California. Califomia Department ofFish and Game, Inland Fisheries Division, Rancho
Cordova, Califomia. iii+255 p.
Live Oak Associates, h1C. 2002. Year One Vegetation Establishment Monitoring RepOJi
Mission Peak Properiy 6847 Tassajara Road. San Jose, Califoll1ia
Live Oak Associates, Inc. 2004. Monitoring RepOli for Phasc III Restoration of Seasonal
Wetland, 6847 Tassajara Lanc - 3'd Year. San Jose, California.
Loredo, I., D. Van Vurcn, and M. L. Morrison. 1996. Habitat use and migration behavior of the
Califomia tiger salamander. JOlll11al of Herpetology, 39(2): 282-285.
Long, M.M. 1992. Endangered and threatened wildlife and plants, 90-day finding, and
commencement of status review for a petition to list the California tiger salamander. Federal
Register, 57(224): 54545-54546. [Thursday. November 19, 1992].
Maliin, D. L. 1992. Sierra Nevada Anuran Guide. Canoms Ltd. Ecological Research Team.
Canoms Ltd. Press. San Jose. 28 pp.
24
Moyle, P. B. 1973. Effects of introduced bullfrogs, Rana catesbeiana, on the native frogs of the
San Joaquin Vallcy, California. Copeia: 18-22.
Morcy, S.R., and D.A. Guinn. 1992. Activity pattems, food habits, and changing abundance in a
community of vemal pool amphibians. Pages 149-158 In: Daniel F. Williams, Sheila Byme, and
Theodore A Rado (editors). Endangered and sensitive species of the San Joaquin VaHey,
Califol11ia: their biology, management, and conservation. The Califol11ia Energy Commission,
Sacramento, Califol11ia, and the Westel11 Section ofthe Wildlife Society, xv+388 p.
Petranka. J.W. 1998. Salamanders ofthe United States and Canada. Smithsonian
Institution Press, Washington. D.C. vii+587 p.
Pickwell, G. 1947. Amphibians and reptilcs of the Pacific states. Stanford University Press,
Stanford, Califol11ia, xiv+ 236 p
Rathbun, G., M. Jennings, T. MmVhcy, & N. Siepel. 1993. Status and ecology of sensitive
aquatic vertebrates in lower San Simeon and Pico creeks, San Luis Obispo County, Califol11ia.
Unpublished report. National Ecology Research Center, Piedras Blancas Research Station, San
Simeon, Califol11ia.
Shaffer, H.B., R.N. Fisher, and S.E. Stanley. 1993. Status report: the Califol11ia tiger
salamander (Ambystoma californicl1sc). Final report to the California Dcpmiment ofFish and
Game, Inland Fisheries Division, Rm1chD Cordova, Califol11ia, under contract numbers 9422 and
1383.93 p.
Snider, AT, and J.K. Bowler 1992. Longcvity ofreptilcs and amphibians in North American
coHections. Second cdition. Society for the Study of Amphibians and Reptiles, MisceHaneous
Publications, Hel}letological Circular (21): iii+40 p.
Sorcnsen, P.C ] 994. Endangered and tlu.eatened wildlife and plants; 12-month petition finding
for the Califomia tiger salamander Federal Register, 59(74): 18353-18354. [Monday. April 18.
1994].
Stebbins, R.C 1951. Amphibians of west em N01ih America. University of California Press,
Berkeley, California, ix+539 p.
Stebbins, R.C 1985. A field guide to western reptiles and amphibians. Seeond edition, revised.
Houghton Mifflin Company, Boston, Massachusetts, xiv+336 p.
Storer, T.J. 1925. A synopsis ofthe Amphibia of Califomia. University of Califomia
Publications in Zoology, 27:1-342.
25
USFWS. 1996. Endangered and Tlu.eatened Wildlife and Plants; Determination of Threatened
Status for thc California Red-Legged Frog. federal Register 61 (1 (1): 25813-25833.
USFWS. Fcbmary 18, 1997. Guidance on Site Assessment and Field Surveys for Califomia
Red-legged Frogs. Reference No. ] -1-97-TA-1093. 8 pp.
USFWS. 1999. Programmatic FOl1nal Endangered Species Act Consultation on Issuance of
Permits under Section 404 of the Clean Water Act for Projects that may Affcct the CRLF. FWS
letter to Califomia C0110S Districts of January 26, 1999.
26
ATTACHMENTS
. .
Figure No.1
Figure No.2
Figure No.3
Figure No.4
Figure No.5
Figure No.6.
Figure No.7.
A TT ACHMENT NO.1
FIGURES
Regional Map
Vicinity Map
USGS Quadrangle Map
Aerial Photograph
Development Site Existing Topography
Jurisdictional Delineation Map
Site Plan
Figure 1.
Regional Map
Figure 1.
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BIOLOGICAL ANALYSIS REPORT HAS BEEN
INCLUDED AS A SEPARATE DOCUMENT
ATTACHMENT NO.2
BIOLOGICAL ANALYSIS REPORT
ATTACHMENT NO.3
CALIFORNIA TIGER SALAMANDER
CALIFORNIA TIGER SALAMANDER
ASSESSMENT
FOR THE
MISSION PEAI( PROPERTY
ALAMEDA COUNTY, CALIFORNIA
Prepared for:
STANDARD PACIFIC HOMES
3825 Hopyard Road, Suite 195
Pleasanton, California 94588
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
4340 Almaden Expressway, Suite] ] 1
San Jose, California 95] 18
Phone: (408) 448-2322 - FAX (408) 448-20]0
Contact: JeffOlbercling
October 3, 2003
TABLE OF CONTENTS
1.0 INTRODUCTION, , , , , , , , , , , , , , , , , . , , , , , ' , ' , , , , , , , , , . , , . , , , , , , , , , , , , , , , I
2,0 PROJECT LOCA nON ."".""",.""""""""",.""""""", 1
3.0 PROPERTY DESCRIPTION AND BACKGROUND, , , , ' , , , , , , , , , , , , , , . , , , , , 1
4,0 REGULATORY SETTING",."""""""".,.""""""""""", 2
5,0 REVIEW OF EXISTING REPORTS """"""""",.",."""""",,3
6,0 CALIFORNIA TIGER SALAMANDER SPECIES OVERVIEW, , , , , , , , , , , , , , , 3
6.1 CTS Morphology "".",."""""".,.""""""""",.,,3
6,2 CTS Lifc History """""""",.,.."""""""""""", 4
6,3 CTS Pray and Prcdators " , . , , , , , , , . , , , , . . , . , , , , ' , ' , ' , , , . , , , , , , , 5
6.4 Aestivation Habitat, , " , , , , , " , , , , , , , , , , , , , , ' . . , , , , , , , , , , . , . , , , 5
7,0 METHODS, , , , . . , . , , , , , , , , , , , . , , . , , , , , , , , , . , , , ' , , ' , ' , . , , , , , , , , , , , , , , . , 6
7,1 Assessment of potential CTS aestivation IUlhitat """"""""",,6
7.2 Assessmcnt of Potential CTS hreeding habitat, ' , , , , , , , , , , , , , ' , . , , , , 7
7,3 Assessment of CTS barriers, , , , , , , , , , , , , , , , , , , , , ' , ' , , , , , , , , , , , , , 7
7.4 Methods of USFWS protocol snrvcys for presence/ahsence of CTS , , ' , , 7
8,0 RESULTS, , , , , , , , , , , , , , . . , , . , , , , , ' , , , , , , ' . . , ' , , , , , , , , , , , , , , , , , , , . , , , , , 8
8.1 Prcscnce of CTS at or in the vicinity of the property, , , . , , , , , , , , , . , , , 8
8,2 Assessment of potential CTS acstivation hahitat """"""".",., 8
8,3 Asscssment of potential CTS breeding habitat, , , , , , , . , , , , , , , , , , , . , , 8
8.4 Assessment of barricrs to CTS movement "."""""""""".,8
9,0 CONCLUSIONS, , , , , , , , , , , , , , , , , , , , , , , , ' , , , , , , , , , , , , , , , , , , , , , , , , , , , , . . 9
10,0 RECOMMENDATIONS"""".""""""""""""".""."""., 9
11.0 LITERATURE CITED"".""""",.",.""""""""""""",. 11
,j
ATTACHMENTS
ATTACBMENTNO, 1
FIGURES
Figure No. 1. Regional Map
Figure No.2. Vicinity Map
Figure No.3. USGS Quadrangle Map
Figure NO.4, Site Map
Figure No.5, California Tiger Salamander Location Map
This report slJOuld be cited as: Olberding Environmental, Inc. October 2003. California Tiger Salamander Assessment for the
Mission Peak Property, Alameda County, California. ] 3 pp. plus attachments. Prepared for Sl8ndard Pacific I--Jomes, Pleasanton,
Cahfornia.
iii
1.0 INTRODUCTION
At the request of Standard Pacific Homes, Olberding Environmental, IDc. conducted a biological
rcsources analysis assessing the presence of potential habitat suitable for use by the Califomia tiger
salamander (Ambystoma tigril1um cali(orl1iense [CTS]) at the Mission Peak Propcriy ("The
Property"), located outside the City boundary of Dublin, within Alameda County, Califomia,
This repOJi documents the methods, results, and conclusions oftbc reconDaissance-level biological
analysis assessing potential CTS habitat and migration baniers within and immediately surrounding
the Property. As pmi of the analysis effmi, the Properiy was surveyed for potential breeding and
aestivation habitat suitable for the tenestrial and aquatic life stages of the CTS. The Property and
surrounding areas in the inl111ediatc vicinity were also examined for structures (e.g., roads, large
drainages etc.) that might constitute potential baniers to CTS migration between breeding and
aestivation habitat.
Finally, this biological resources analysis also includes a review of previously prepared biological
reports/information, peliinent literature on the CTS, and a review of information related to the CTS
habitat characteristics. Relevant backgTOund information includes the Califomia Natural Diversity
Data Base (CNDDB), as well as previous field investigations conductcd within the area.
2,0 PROJECT SITE LOCATION
The Mission Peak Property is located on the cast side ofTassajara Road, n01ih ofthe city of Dublin.
The Property is approximately 2.5 miles nOlih oftile Highway 5S0 and Tassajara Road interchange.
The site is situated at the first bend in the road way where it curves east to cross over the East Fork
ofTassajara Creek (East Fork). The PropeJiy is located in Alameda County,just south ofthc Contra
Costa/Alameda County line. Tassajara Road f0I111S the west em boundary of the site, and
undeveloped lands occur to the east. The East Fork crosses tlD'ough the norihwest end of the
Property. Attachment I, Figure I depicts the regional location of the Property in Alameda County,
Attachment I, Figure 2 illustrates the vicinity ofthe Property in relationship to the City of Dublin.
Attachment I, Figure 3 identi fies the location ofthe Property on the USGS 7.5 Quadrangle Map for
Livel1llore. A parcel or site map of the Property is included as Attachment I, Figure 4.
3,0 PROPERTY DESCRIPTION
The landscape within the Property consists of a rolling terrain with the steep to moderately steep
topography that characterizes the upper Tassajara Creek watershed. Site elevations range from SS3
feet at the top ofthc ridge line at the eastem comer ofthc Propeliy, to 492 feet in the relatively level
area along the northwestem part of the PrOpeJiy. Within the Propcriy, drainage ]jows generally in
J
an east to west direction with surlace nows discharging into the East Fork olTassajara Creek, which
flows northeast to southwest along the nOlihwestern property boundary.
AJl unpaved gravel access road into the Property leads north toward a constructed pond; a second
pond occurs further upgradient and nOliheast at the point of convergence of two channels with
intel111ittcnt flow, One of the channels is fed by two seeps that provide water to the system after
storm water runoff has ceased. Downstream from the upper stock pond, a single channel emerges
continuing down hill for several hundred feet before disappearing into an alluvial fan. A second
constructed pond is positioned adjacent to the East Fork of Tassajara Creek. The lower pond has
been constructed as part of a recent mitigationl11easure. This pond consists of a constructed benn
and spillway placed across the dramage, Both ponds have been fenced to exclude cattle grazing and
are sunounded by thick emergent wetland vegetation,
There is cunently no development on the Propeliy. The land is used lor cattle pasture which leaves
little or no vegetation in some areas where over io'Tazing occurs. The lands to the north, cast and
south are similarly used for pasture and are separated hom the Propeliy by barb wire fences, The
landscape supports non-native ammal grassland thmughout the site and patches of native perennial
grassland habitat arc found on the north facing slopes. Within the Propeliy, the east bank of
Tassajara Creek suppOlis abundant riparian vegetation including anoyo willow (Salix lasialepis) and
valley oak (Quercus labala), which are lound along the active pOliion ofthe channel and up to the
top of the bank, Elderberry (Sambucus mexicana) and coyote brush (Baccharis pilularis) are also
present as secondary species in the corridor and are the only understolY components along the
chalUlel. Several mature blue gum (Eucalyptus glabulus) occur on the top of the east bank and
within the channel.
One residence is located west of Tassajara Road, across from the property, and one residence is
found on the land to the south ofthe parce1. This area suppOlis sparse riparian vegetation which has
been impacted by grazing cattle resulting in a lack of under stOlY vegetation.
4,0 REGULATORY SETTING
The CTS is on the Califomia Department ofFish and Game (CDFG) list of animal species of special
concern (CDFG 2003). Species of special conccm are those whose breeding populations are
declining; therefore, those species could face extilvation in tbe future. The CTS is cunently state-
listed as a species of special concem and is federaJly listed as endangered in Sonoma and Santa
Barbara Counties in Califomi a.
Altbough tbe CTS has no legal slatus in Alameda County, the CDFG recommends considering this
species during analysis of proposed project impacts to protect declining populations and to avoid the
need to list them as endangered in the future, Cunently, the CTS is being reviewed for listing as
federallythreatencd or endangered. On May 23cd, 2003, the U,S, Fish and Wildlife Service (USFWS)
2
published in the Federal Register a proposal to list the CTS as a threatened species under the
Endangered Species Act. By comi order, the USFWS has until May 15''', 2004 to make a final
decision as to whether to list the species. Therefore, the federal status of the CTS is likely to be
resolved by May 2004.
5,0 REVIEW OF EXISTING REPORTS
Special-status species repOlis were accessed by searching the Cl\TDDB data base by the Livermore
and Tassajara 7,5 minute quadrangle maps representing the Property. The Cl\TDDB report was used
to focus special-status species analysis of the site prior to the ficld reconnaissance survey.
One CNDDB listing for the CTS occurs on the Propeliy at the upper stock pond (2000 listing). Dr.
Mark Jennings is the biologist who identified CTS larvae at the upper stock pong in surveys canied
out between 2000 and 2002. Dr. .lennings indicated that no CTS larvae were found in the lower pond
where Califomia red-legged fi.ogs (Rana (Jurora draytollii) are known to occur due to the depth of
the pond and inability to adequately survey the feature. However, it is possible that CTS could occur
at the lower stock pond (Jennings 2003).
CTS have been recorded at nearby locations inclnding Tassajara Creek Regional Park, the area near
Broder Boulevard and Creekview Drive, and in a stock ponds occurring sontheast of the Propeliy
near Fallon and Croak Roads (see Attachment I, Figure 5).
6,0 CALIFORNIA TIGER SALAMANDER SPECIES OVERVIE\V
6,] CTS MO'1'!1O[Ogy
The CTS is a large terrestrial salamander with adults attaining a total length of over 8 inches (203
millimeters) [Stebbins 1951]. Dorsally the background color appears to be jet black, normally with
an overlain pattem of white or yeJlow spots or bars (Stebbins 1985). Ventra] surfaces are highly
variable in pattem, ranging from nearly unifol1l1 white or pale yellow to variegated white or pale
yellow and black (Jenning and Hayes, 1994). Juvenile salamanders are 1.7-2.8 inches (42-70
millimeters) from the top of the snout to the rear of the vent and have the same coloration pattem
as adults, Salamanders that are recently metamorphosed often have a pale yellowish-brown or tan,
or greenish-colored dorsum with dark flecks and blotches (Jennings unpublished data). These
blotches soon fade to a white or yellow color after a few weeks. Larval salamanders range in size
from 0.4-6,6 inches (11-150 millimeters) in total length with a pale yellowish-brown or dark-colored
dorsum (Anderson 1968). Extcmal giJls and legs arc prominent features on all salamander larvae
over 2 weeks old (Storer 1925).
.'
6,2 C7~S' Life HistolT
Breeding of adult CTS has been observed from late November thTOugh Febmary following the onset
of warm rains (Storer 1925, BaITY and Shaffer 1994). Based on observations made during the 1990s,
salamanders often do not breed during periods of aseasonally cold rains or during drought (whether
breeding ponds are filled with water or not) [BaITY and Shaffer 1994; Jennings unpublished data],
Both males and females engage in noctumal breeding migrations traveling up to 1 mile (1,6
kilometers) [Austin and Shaffer 1992] or more from subterranean refuge sites (e.g., small mammal
bmTows) [Loredo and others 1961] to breeding ponds or long-lasting rain pools (Anderson 1968).
Adult salamanders are possibly stimulated to move to breeding sites by the vibrations of rainwater
falling on the soil, as adult male salamanders have been observed (after preceding nights of rainfall)
wandering on the dry soil of rain pools that have not yet filled (Jennings unpublished data).
Sites used for reproduction arc typically natural pools that fill with rainwater and artificial stock
ponds; however, salamanders have also been observed to breed in springs, wells, al1ificial reservoirs,
ql13ll"y ponds, man-made canals, and rarely, in the slack waters of oxbows in medium-sized streams
(Jennings unpublished data), Such sites mayor may not contain dense amounts of aquatic and
streamside vegetation, The highest numbers of larvae appear to occur in aquatic habitats that are
largely devoid of any vegetation and contain very turbid water. In such situations, salamander larvae
often hide during the day in the deeper portions ofthe pond or under debris (such as dead Russian
thistles [Salsola tragus]) that blow into the pond (Jennings unpublished data). Since salamander
larvae are very cryptic in coloration, they are often hard to observe in the turbid waters of breeding
habitats,
Anecdotal evidence suggests that salamanders have a high degree of site fidelity to their breeding
ponds and also to the small mammal bUITows they use for rcfugia (Shaffer and others 1993; Jennings
unpublished data). For example, a gravid, adult female CTS removed from a breeding pond and
transp011ed to a newly created mitigation pond moved a straight-line distance of approximately 0.9
miles (1 A kilometers) back to the original point of capture over a 3-week period (Duke and others
1998).
Males generally precede females during the breeding season by 1-2 weeks (Shaffer and others 1993;
Loredo and others 1996), Following underwater courtship from one or more males, females nomlally
deposit their moderate-sized eggs (0.13-0,2 I inches [3,6-5.9 millimeters] diameter) singly on
vegetation and other debris in the shallow margins of rainwater pools (Storer 1925). Large females
may deposit up to 350 eggs per season, although most females only deposit 100-200 eggs (Jennings
unpublished data), Adult salamanders apparently leave breeding ponds soon after spawning (Storer
1925), although they may forage for up to a month in the general area if conditions continue to be
moist (BaITY and Shaffer 1994). Most salamanders soon retum to aestivation habitats in small
bUITows where they spend approximately 9-1 0 months undergTOund until the nextwinterrains (Ban)!
and Shaffer 1994; Jennings unpublished data).
4
Embryos ofCTS hatch in approximately 14-28 days after being laid (Storer 1925) and the resulting
gilled aquatic larvae (0.41-0.43 inches [1 0,5-11 millimeters] in length) require a minimum of about
10-12 weeks to complete dcvelopment through metamorphosis. At metamol1Jhosis, young
salamanders have attain a total length of about 2.6 inches (75 millimeters) [Anderson 1968, Feaver
1971J, MetamOlphosis is apparently initiated by receding water levels in breeding ponds and most
larval salamanders do not metamOllJhose until they are as large as possible (Feaver 1971). Although
the native breeding habitat for this species normally dries each year and metamorphosis is paramount
under such conditions, there are a few observations ofIarval salamanders overwintering in aliifieial
constructed pel111anent ponds (Shaffer pers com.). The overwintering ofIarvae (especially to sexual
maturity) is common in many closely related species of mole salamanders (Ambystoma spp.) Found
in other parts ofNmih America (Stebbins 1985, Petranka 1998).
6,] CTS Prey and Predators
CTS larvae arc call1ivorous and feed on jnst about any organism they can ovelpower- including
smaller conspecifics (Feaver 1971), Larger larvae have been observed to feed on the larvae of Pacific
tree frogs (Hyla regilla), CaIifol11ia toads (Bufo boreas halophilus) and Westel11 spadefoot toads
(Scaphiopus hammolldii), as well as many aquatic inveliebrates (AJlderson 1968, Feaver 1971;
JenJlings unpublished data). During aestivation, juveniles probably feed on the rich invertebrate
fauna that is nOlll1ally associated with small mammal bUlTOWS and grow rapidly over the next several
months. Adult CTS apparently eat the same food organisms as juvenile salamanders (Morey and
Guim1 1992; Jennings unpublished data) and may live as long as 20+ years in the wild based on the
longevity of other closely related species in captivity (see Snider and Bowler 1992).
Predation to salamanders is probably minimal in underground refugia, Juveniles and adults are
known to be eaten by bullfrogs (Raila catesbeiana), galier snakes (Thamnophis spp.), and probably
black-crowned night herons (Nycticorax nycticorax) and raccoons (Procyon lotor) when they are
present on the surface during the wet winter <md spring montbs (Morey and Guinn] 992; Jennings
unpublished data). Larvae are eaten by a wide variety of predators including garier snakes, bullfi-ogs,
Califomia red-legged frogs, herons (Ardeidae), tems (Sterna spp,) And apparently fish when tbe
latter arc introduced into breeding ponds (Baldwin and Stanford 1987, Shaffer and others 1993,
Fisher and Shaffer 1996; Jel1J1ings unpublisbed data).
6,4 Aestivation Habitat
Following metamol1)hosis (normally from early May tbrough July), juveniles emigrate ell masse at
nigbt from the drying breeding ponel (Holland and others 1990; Jennings unpublished data).
Traveling distances of up to 1 mile (1.6 kilometers) or more from breeding sites juvenile
salamanders wander into small mammal bUlTOWS or deep cracks in tbe soil, which they use as refugia
during the hot summer and [all months (Sbaffer 1993, Loredo and others 1996). Juveniles will also
wander into certain man-made structures such as wet basements, wells, underground pipes, and
septic tank drains (Storer 1925).
5
Mortality of juveniles can be high during this transition period due to the stress of metamorphosis
and the problems offinding a suitable refuge site before the sun comes up, For example, HoJland and
others (1990) found almost an entire COhOli of CTS killed by unsuitable weather conditions when
they attempted to emigrate from their breeding pond during the late summer. Data suggests that most
individuals require 2 years to become sexuaJlymature, but some individuals may be slower to mature
during periods of drought or aseasonal rainEdl (Shaffer and others 1993).
Juvenile and adult CTS n0ll11ally use the bU1TOWS of California ground squirrels (c)fJermoph/lus
beeehey/) and Botta's pocket gophers (17IO/J1omys bollae) as underground refugia (Storer 1925,
Jennings and Hayes 1994, Jennings 1996, Loredo and others ]996), BothjLlveniIe and adult CTS
have been known to settle into occupied and unoccupied Califoll1ia ground squirrel bUlTows to
aestivate (Loredo and others 1996).
CTS have also been observed in the burrows of Cali fomi a voles (J'vficrol/S ealiforn/cus), blaektaiI
jaehabbits (Lepus calI/orn/cus) and the deep cracks of clay soil which may extend up to IS-feet (4.6
meters) deep from the soil surface (Loredo and others, Jennings unpublished data). CTS may also
turn up in certain man-made structures (e,g., wet basements, wells, swimming pools, underground
pipes, and septic tank drains [Storer 1925, Pickwell 1947], sometimes many years after their local
breeding site has been destroyed (Jennings unpublished data), Juvenile and adult salamanders are
especially COlllmon in situations where piles of concrete, rock, or other rubble are mixed with di11
and are located near breeding sites (Jennings unpublished data). This is probably because such sites
are attractive to bUlTowing rodents that create extensive tunnel and burrow systems that are in tum
used by CTS.
7,0 METHODS
7,] Assessment of potential CTS AestivationlIabitat
The site was surveyed for potential CTS aestivation habitat by walking transects up the hills in a
west to east direction from Tassajara Road, Potentia] CTS aestivation habitat was classified as one
of tbTee types
Small mammal burrows.
Mounds of dili 6-12 inches in diameter, which are composed of the tailings of burrowed
earih deposited by small mammals such as ground squirrels and moles.
Deep cracks in the gTOund.
6
7,2 Assessment of Potential CTS breeding habitat
The site was inspected for the presence and condition of swales, intemliltent channels, and shallow
depressions along seasonal drainages that could pond during the winter rains.
7,3 Assessmen( ofCTS barriers
Potential barriers to CTS dispersal into or out oflhe site were assessed by inspecting the areas within
and immediately surrounding the Propeliy, The following are considered to be potential baniers to
overland movement of CTS:
Roadways with heavy traffic volumes are anticipated to create a dispersal batTier.
Large buildings are anticipated to act as partial barriers to CTS dispersal.
\/Valls and wooden fences that are in contact with the ground surface could act as a
dispersal barrier. Wire mesh fencing is not considered to be a barrier.
The East Fork ofTassajara Creek and Tassajara Creek channels maybe a barrier during high
now times following stOllll events.
7.4 J\1ethods of USFWS protocol survcysfor presence/absence of CTS
USF\/VS protocol CTS survey methods for asscssing the prcsencc/absence ofCTS are summarized
below. Since CTS have becn identified at thc Mission Peak PropeJiy, fUliher protocol surveys may
not be necessary at this Property to reCOnfil111 the prescnce ofCTS. Due to the presence of CTS on
the nearby Mission Peak PropeJiy, it is likely that the USFWS will assume the continued presence
of CTS on the Property.
USFWS protocol requires that tbe presence/absence of CTS be assessed using pitfall trap anays
'llTanged along thc perimeter oftbe Propcliy. Each pitfall trap consists of a bucket places into a pit
in the ground that is dug out so that the bucket is nush with the ground surface. PitfalJ traps are
installed at a distance of approximately 30 feet ap3Ji. The anays are connected using silt fencing that
is placcd between buckcts to form a contiguous barrier for CTS movemcnt across the length and
breadth of the Propeliy. In addition to perimeter trap lines, transect trap lines are also included to
maximize the cbance of capture. Fencing constJ1Jction must be complete before the onsct ofthe first
winter rains, which stimulate adults to migrate to breeding ponds,
7
8,0 RESULTS
Olberding Environmental conducted a rcconnaissance level survey of the Propeliy on August 22'"''
2003, The reconnaissance level survcyconsisted of walking throughout the Propeliy and evaluating
thc Propeliy and adjacent lands for potential CTS aestivation, breeding habitat, as well as barriers
to CTS dispersal.
8,] Presel/ce of CTS at or iI/ the vicil/ity of the Property
The Cl\'DDB records indicate a recent (2000) CTS sighting at the upper stock pond that occurs on
the Propcrty (Attachment I, Figure 4). CTS were also sighted in subsequent surveys on the Propeliy
conducted during 200 I and 2002 (Jennings 2(03), The CNDDB identifies many other CTS records
elsewhere within the Livelll10re quadrangle (CNDDB 2(03).
8,2 Assessmel/t ofPotel/tial CTS Aestivatiol/ Habitat
The area between the two stock ponds and the sUlTounding hillsides werc examined for the presence
of active and unused Califomia ground squinel bunows. Bunows were abundant along the hills on
either sidc oflhe intermittent channels draining into the East Fork ofTassajara Creek. There was also
a high density ofbulTOWS along the swale between the two ponds. Deep fissures in the ground were
also sighted within this arca. Based upon these observations, CTS aestivation habitat is likely to be
abundant within this area of the project.
8,] Assessmel/t of Potel/tial CTS breedil/g Habitat
The upper pond is likely to provide habitat for CTS breeding and for larval development if winter
rains provide adequate water to fill the pond for a minimum of 10-12 weeks. The lower pond may
also provide CTS breeding babitat.
8,4 Assessmel1t of Barriers to CTS A10vemel1t
The East Fork ofTassajara Creek is considered to be a seasonal balTierto CTS dispersal during times
of beavy seasonal flows (e,g., during the winter rains). CTS dispersal between the Propeliy and
adjacent potcntial habitat across the creek (e.g., in Tassajara Creek Regional Park) is unlikely to be
possible during those limes of heavy flow,
Tbe existing barbed wire and other fencing that occurs within and around the Propeliy does not
constitute a barrier to CTS migration. Tassajara Road is considered to be aCTS banier between the
Property and adj acent lands further west.
8
In summary, potentia] baniers to CTS dispersal were observed to the west (Tassajara Road), and
nOlihwest (East Fork ofTassajara Creek) of the Propeliy. No baniers were observed to the east and
south of the Propeliy.
9,0 CONCLUSIONS
Past CTS surveys have been conducted within the Property. Sightings and existing habitat observed
seem to indicate that CTS continne to occur on the Property, The existing literature and observations
on potentia] CTS habitat within the Propel1y imp]y tbat breeding and aestivation babitat are likely
to occur on site.
10,0 RECOMMENDATIONS
Based on tbc existing literature, CTS could probably utilize tbe babitat avai]able on tbe Property as
breeding and aestivation habitat, or as a conidor between existing breeding/aestivation habitat and
off-site aestivation habitat. lt is therefore recommended that tbe Client coordinate with tbc CDFG
conce111ing the appropriate mitigation measures required for tbe development oftbe Prope11y, There
is also a potentia] that USFWS may formally list the CTS as federally thrcatcned or endangered by
May 15"', 2()()4. Iftbis listing occurs, development ofthc Property may require coordination witb tbe
USFWS in accordance witb Section 7 of tbe Endangcrcd Species Act. Througb consultation and
negotiation between tbe CDFG and tbe USFWS appropriate mitigation measures would be
deten11ined. These measures Inay include construction timing restrictions, salvage surveys, biological
monitoring, exclusion fencing, avoidance or sensitive areas or reduction in project size and on-site
and/or off-site compensatory mitigation.
On-site mitigation measures may include the following strategies during the construction of the
development project:
Prevention of CTS entry prior to construction: Appropriate exclusionary balTiers (e.g., silt
fencing) could be installed along the perimeter of the development p0l1ion ofthe Prope11y.
Exclusionary baniers should be designed such that tbey allow CTS to migrate out from
aestivation habitat to breeding ponds that occur outside the development area ofthe Property.
These barTiers would be constructed to allow the one-way passage of CTS out of the
development area, preventing re-entry.
Fence construction timing: Exc]usionary balTiers could be installed prior to the onset of
winter rains which stimulate CTS to move to breeding ponds. Implcmentation of the
mitigation measure wou]dneed to be coordinated with the project biologist to insure proper
installation,
9
Dispersing and migrating CTS during construction activities on the Propeliy: The barrier
fencing should be maintained and monitored continuously for the duration of construction
to cnsure that migrating and dispersing CTS do not re-enter the Propeliy.
Maintenance of exclusion fencing: Exclusion fencing should remain in place until thc
construction of the project is completed.
Monitoring requircments: A biological monitor should be prcsent on-site during grading and
ground disturbance construction activities to ensure that no take of CTS occurs.
Erosion/sedimentation prevention: Best management practices should be followed on the
Properly to minimize impacts of erosion and sedimentation into the existing drainages and
downstream watercourses.
Minimizing CTS habitat disturbance: Grading and vegetation clearing in the immediate area
(nol1l1ally regarded as 750 feet) surrounding the breeding pond should not be conducted
during the breeding and migrating seasons (November- June).
Mitigation efforts: Future mitigation efforts could also include the restoration and
enhanccment of existing CTS habitat on the Propeliy, which has the potential to have high
regional conservation value.
10
11.0 LITER<\TURE CITED
Anderson, P.R. 1968. The reproductJve and developmental history of the Cahfomia tiger salamander.
Unpubhshed M.A. Thesis, Fresno State College, Fresno, Cahfoll1ia, vli+82 p,
Austm, c.c., and H.B. Shaffer. 1992, Short-, medium-, and 10ng-tenll repeatabllily of locomotor
perf0ll11anCe in the tigcr salamander All1bystoll1a cali(ol'niense. Functiona! Ecology, 6(2); 145-153,
Baldwin, K.S., and R.A. Slanford. 1987. Life history noles: All1bystoll1a tlgrinllll1 cali(omiense (Cahfomia
tiger salamander). Predation. HeqJetologieal Review, 18(2):33.
BillTY, SJ., andRB. Shaffer. ] 994. The status ofthe Cahfolllia tiger salamander (All1bystoll1a coli(omiense)
at Lagunila: a 50-year update. Journal of HeqJetology, 28(2): 159-164.
Ca1ifolllia Department ofFish and Game Natural Diversity Data Base, computer listings and map locations
of historic and CUlTcnt recorded occurrences of special-status species and natura] cOlllmunillcs of special
coneenl for USGS 7.5 111111Utc quadrangle map: Livermore and Tassajara, January 2003.
Califoll1ia Department of Fish and Game. 2002. Special animals.
http://ww.dfg.ca.gov/endangcred/special_ammals.html(J une 2002).
2003a. State and federa]]y listed Endangered, Threatened, and Rare plants of Cahfol11ia.
http://www.dfg.ca.gov/endangered/t_eplnt.pdf (April 2000).
2003b. State and federally listed Endangered and Threatened ammals of Cahfo1111a.
http://www.dfg.ca.gov/endangered/t_e_animal.pdf (April 2000).
Duke, R.R., R,A. Hopkins, 1\1, Jennings, and P. Hartman, 1998. Tradition Golf Club Cahfol11Ja tiger
salamander 1996/1997 mitJgatJOnmonitonng. I'mal reporlprepared for Tradition Golf Club, LLC, San Jose,
Cahfomia, H. T Harvey and Assoclates, Alviso, Califol11la. [Project No. 957-03]. 1+29 p.
Fcaver, P.E. 1971. Breeding pool selection and larvalmorlality ofth,-ee Cahfomia amphibJ3ns: AmbystOl/Ja
tJ"grinum cal((ornicnse Gray, liyla regilla Baird and Girard, and Scaphiopus hamll/ondii GIrard. Unpublished
M.A. Thesis, Fresno State College, Fresno, California, Vil+58 p
Fisher, R,N" and H.B. Shaffer. ] 996, The decline of amphibians in Califomia's b"Tat Central Valle)'.
Conservaiion Biology, ] 0(5): 1387- ] 397,
Flohr, GP, 2003, Unpublished data on mammals trapped JJ1 Santa Rosa.
Holland, D.C., M.P. Hayes, and E. McM1llan. 1990. Lale summer movement and mass mortality m the
Cahfomia tlger salamander (Ambysto/lJa califomlense). The Southwestcl11 Naturalist, 35(2): 217-220,
Jennings, M.R. 1996, Natural histor)' notes: Ambysto/lJa col1fornlense (Califol11ia tiger salamander),
Burrowmg ab1l1t)'. He11'eto1ogical Revlew, 27(4): 194,
j}
Jennings, MR. 1998. Conservation and biodIversity of amphibians and reptiles along the central Cairfornia
coast. Pages 33-40 In: Nona Chlaricllo and Raymond V, Dasmann (editors). Proccedmgs ofthe Symposium
on Biological Diversity o[ CenD'a] Califomia Coast. Association [or the Golden Gate Biosphere Reserve,
University o[ Cairfol1lla, Department of Environmental Science, Policy, and Management: Cooperative
Extension Forestry. vii+ 122p.
Jennings, M.R" and M.P. Hayes. 1994. Amphibian and reptile specIes of special concem in CalifomJa.
Fina] Report to the California Department ofFIsh and Game, Inland Fisheries DiVIsion, Rancho Cordova,
California, under contract number 8023. lli+225
Jennings, I\1.R., 2003. Personal C0111l11ull1cation with Dr. Jennings confinning the positive identification of
CTS at the MIssion Peak Property dunng surveys conducted in 2000-2002.
Loredo, 1., D. Van Vuren, and M. L. Monison. 1996, Habitat use and migration behavior of the Califo1l11a
tiger salamander. Joornal ofHell'etology, 39(2): 282-285.
Long, M.M, 1992. Endangered and threatened wildlife and plants, 90-day [inding, and commencement o[
status review [or a petition to list the Cair[ornia tiger salamander. Federal Register, 57(224): 54545-54546.
[Thursday, November 19, 1992].
T\1orey, S.R., and D.A. Guinn. 1992. Acti\iitypattclllS, food habits, and changing abundance in a COnmlLll1ity
ofve1l1al pool amphibIans. Pages 149-158 In: Daniel F. WIlliams, Sheila Byme, and Theodore A Rado
(editors). Endangered and sensitIve species of the San Joaquin Valley, California: their bIOlogy,
management, and conservation. The California Energy C01111nission, Sacramento, Califolllia, and the
Weste1l1 Section o[the Wildli[e SOCIety, xv+388 p.
Petranka. J,W. ]998, Salamanders o[the U111ted States and Canada. Smithsonian
InstitutIon Press, Washmgton, D.C. vii+587 p,
Pickwell, G. 1947. Amphibians and reptiles o[ the Pacific states. Stanford University Press, Stan[ord,
Calif01l1la, xiv+236 I'
Shaffcr, ILB., R.N. Fisher, and S.E, Stanley, 1993, Status report: the Califomia tiger salamander
(Ambystoma californiense). Final report to the Calif01l11a Department ofFish and Game, Inland Fishenes
Division, Rancho Cordova, Califoll1ia, under contract numbers 9422 and 1383. 93 p.
Snider, AT" and J-K. Bowler. 1992. Longevity of reptiles and amphibians in North American collections.
Second edition. Society for the Study of Amphlhians and Reptiles, Miscellaneous Publications,
Hell'etological Circular (2]): iii+40 p.
Sorensen,P.c 1994, Endangered and threatened wildlife and plants; 12-month petition findmg [or the
Cali[01l1ia tiger salamander. Federal Register, 59(74): 18353-18354. [Monday. April 18. 1994].
Stebbins, R.c 1951. Amphibians o[ western North America. University of Califomia Press, Berkeley,
Cairfomia, ix+539 p.
12
Stebbins, RC 1985. A field guide to westem reptiles and amphibIans. Second edItlOn, reVIsed. Houghton
Mifflin Company, Boston, Massachusetts, xiv+33G p.
Storer, 1',1. 1925. A synopSIS of the Amphibia of Calrfornia. Universily of Calrfornia Publrcations 1I1
Zoology, 27: 1.342.
13
ATTACHMENTS
ATTACHMENT NO. 1
FIGURES
Figure No. 1.
FigUl'e No, 2,
FigUl-e No.3.
FigUl'e No, 4.
Figure No, 5.
Regional Map
Vicinity Map
USGS Quadrangle Map
Site Map
California Tiger Salamander Location Map
FIGURE NO, 1.
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FIGURE NO, 4.
SITE MAP
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FIGURE NO.5.
CALIFORNIA TIGER SALAMANDER LOCATION MAP
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ATTACHMENT NO.4
ASSESSMENT SITE PHOTOGRAPHS
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Photo No. 10 View north along East Fork of Tassajarn Creek 00 Mission Peak Property
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Photo No. 70 View of sparse understory within the riparian corridor of the East Fork at
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ATTACHMENT NO.5
MISSION PEAK RESTORATION AREA PLANT MATERIAL
MISSION PEAK RESTORA nON AREA
Riparian/Wetland Restoration Planting Material
The native plants listed in Tables 1-3 would be planted in the restoration area along the East Fork
ofTassajara Creek and the created wetland within the constructed basin.
TABLE 1
. . PROPOSED RIPARIAN RESTORATION AREA PLANTS
Common Name Botanical Name Symbol Size
TREES
California sycamore Plan/anus raccmasa PR 1-15 gal*
Califomia Bay Umbel/ularia calif arnica UC 1-15 gal
Califomia Buckeye Aesculus calzfarnica AC 1-15 gal
Coast Live Oak Quercus agrifolia QA 1-15 ga1*
.
SHRUBS
Califomia blaekbenj Rubus ursinus RU 1 gal
Mule fat Baccharis viminea BV 1 gal
Coyote brush Baccharis pilularis BP 1 gal
SnowbelTY Symphoricarpos rivularis SR 1 gal
California rose Californica rosa RC 1 gal
Blue Blossom Ceano/hus /11/ysifloris CT 1 gal
Mexican eJderbelTY Sambucus mexicana SM 1 gal
* 20% of the Califomia sycamore and coast live oak tree will be planted with 15 gallon nurselj
stock
A native grass and wildflower seed mix is proposed to be used in the restoration areas. This seed
mix shall be applicd at a rate to ensure a dense cover of native grasses in the restoration areas.
The proposed "oak woodland seed mix" species composition and application quantity is
recommended by Pacific Coast Seed and shall contain the following plant species: Califomia
barley (Hordeum brachyan/herum), purple needle grass ell/asel/a pulchra), nodding needlegTass
(Nasel/a cernua), California onion grass (Mclica califarnica), pigmy-leaved lupine (Lupinus
bicolor).
TABLE 2
Pounds Per Acre for Oak Woodland Seed Mix
..
.. Grassland Plant Species .. Lbs/acre
California barley (Hordeum brachyal1therum) 10
Purple needle grass (Nasella pulchra) 7
Nodding needlegJ'ass (Nasella cernua) 7
Califomia onion forrass (Melica californica) 5
Pigmy-leaved lupine (Lupil1us bic%r) 4
Pounds of Seed Mix per Acre 33
Use of these grassland species is intended to restore the gJ'assland areas to a condition that is
biologically superior to the existing status, The reintroduction ofthesc native gJ'assland species
to the Tassajara Creck couidor shall increase thc biological diversity of the site and result in the
rcestablislU11ent of a native grassland condition. This seed mix is commercially available for
purchase and may be obtained hom various seed growers and distributors,
The species have been selected based upon presence near the site or ranges repOlied in the
literature (Beetle, 1947; Crampton, 1974; Heady et. a1. 1988; Hickman, 1993; Hitchcock, 1950;
Mason, 1969; McMinl1, 1939; Munz and Keck, 1968; Niehaus and Ripper, 1976), and
compatibility with open sites near riparian areas with clay loam soils (Hickman, 1993; Keator,
1990; Keator, 1994; Schmidt, 1980; and Holstein, 1998).
Unless specifically noted below, it is the goal ofthis program that all plant matelia1s - container
stock, seeds, and plugs arc to be planted from stock gathered in the immediate vicinity of the
project site, i.e., from Tassajara valley or, at most from nearby portions of Alameda County. As a
result, only genotypes of locally native species should be planted.
Generally, plant material may be installed as container stock, bare root seedlings, cuttings, canes,
plugs or seed. Viability and growth of different species varies by stock type (see, for example,
Hoag and Sellers, 1994), however, and the foml chosen for this plan is based on thc authors
expericnce with these species,
Plant material shall be hee ii'om disease, insects and weeds, not be rootbound, and identified
conectly to genus and species. All plant specics and quantities shall concspond to the planting
plan, and shall be inspected prior to planting,
Container plants shaH be coHected, propagated, and gJ'own for at least one gJ'owing season prior
to planting, The root coHar of the plants shaH be level with the surrounding soil levcL Slow-
2
release fertilizer, sucb as agriform or osmocote, will be added to each planting hole prior to
planting. The root ball sball be covered with at least I inch of soil to prevent a wicking effect
hom drying out the root bal!' In many cases, a basin will help hold water near the plant and
ensure adequate ilTigation, Tbe basin consists of a 2-foot diameter (or larger) water ring 2 inches
deep with a sUlTOunding benn 2 inches above grade centered around tbe plant. SbTedded bark or
similar muleh shall be placed on watering basins to a depth of 3 inches making sure not to cover
the crown oftbe roothal!. Where drip ilTigation is used (see below) a plant emitter shall be placed
directly on top of rootbal!. After installation, the plant shall be watered thoroughly, Plants shall
all be checked for settling and stress within two (0 three days of installation.
Once planting is completed, the restoration area will be seeded with a native grass and
wildflower mix to control erosion and weeds. Seeding will be accomplished by hroadcast seeding
prior to fall rains. All seed used on the site shall be ceriified as to germination percentage. Seed
sball be weed- and disease-free. All seeding rates and ratios shall follow specifications developcd
with tbe grower, and the project biologist shall inspect all seed, soil preparation, calibration
ratios, and phases of seeding operations. The optimal time for all seeding operations is during the
dOlmant period. Seed hroadcast early in the donnant season gcnerally results in greater seed
emergence than seed broadcast later in the dormant season, In arid regions, one key to success is
to establish healthy, growing roots prior to summer drought, so that the roots may follow the sub-
surface moisture level downward tlu.ough the soil as surlli11er progresses.
TABLE 3
PROPOSED WETLAND RESTORATION AREA PLANTS
..... ."
Common Name Botanical Name Symbol Location
Floating seedbox Ludwigia peploides loP Pond
Cattails Typha latifolia TL Pond
Bulrush Scirpus acutus SA Pond
Alkali bulrush Scirpus robustus SRO Upper edge of
pool
Santa Barbara sedge Carex barbarae CB Upper edge of
pool
Baltic rush JUI1CUS balticus JB Upper edge of
pool
ArTOW head Sagitaria latifolia SL Upper edge of
pool
Spike lUsh Eleocharis macrostachya EM Upper edge of
pool
3
ATTACHMENT NO.6
YEAR ONE VEGETATION ESTABLISHMENT
MONITORING REPORT
LIVE OAK ASSOCIATES, IJVe.
6830 Via d21 01'0, Suile 205. SOl; Jose CA 95/2 I. Phone (408) 224.8300 Fax ('08) 224.1411
YEAR O\T 'lEGETATIO\ ESTABLISHME\'T MONITOlliNG ]ITPORT
iYlISSION PEAK PROPERTY
68n TASSAJARA ROAD
ALA:YIEDA COUNTY, CALIFORi'iIA
By:
LIVE OAK ASSOCIATES, 0iC.
Rick A. Hopkins, PhD, Principal and Senior Wildlife Ecologist
Mark JC:1..rUngs, Ph D., Herpetologist
Susan Tov,nse:Jd, Ph.D., Senior \\ildlife Ecologist
And
MOS-\IC ASSOCIATES LLC
Juc' Bendix, Restorationisl
For:
Paul KozachefL~O
GO\'S.-U VES & KOL-\.CHE\1(O
-'7460 Fremont Blvd
Fremont CA 9cl538
April 25, 2002
Project \'0, 259-()1
INTRODUCTION
In accordance with the Restoration and Me ..ror:'i?g Plan (Ph, ;,' 11) for Excavated ?oild, A1issio17
Peak Property, 68-17 Tossafara Road <m7'~da COlil7!Y, c"'difornio (Revise:;. (Live Oak
Associates, Inc. Februan G, 2001), (tile 'P.d) the perform.'-~ce of plant matericis installed in
lvlalch 2001 was monirored between i'v1arcc 200] and Maret .'(j02. This repon constimtes the
firsr"vear report on vegetation establishcc'll. Second and :.'Urd..vear reports C'l vegetation
performance will be prepared following eo--:cli2c'Jce visils per:'.:::neci durmg the Sl':-:.mer of 2002
and 2003.
PR-\SE n PLANTL'iG OF PER\1A.NEi\T PO'\l)
The pennanent pond (rhe'pond") is 10calce'.H:-..;n appro'.:J]]]2:'.''- 25 fr. of rhe top::' bank of an
Ulillcmed tributary of Tassajarc Creek, The ~:'nd ',\'as planted i~ '-larch 2001 with ,:::OWS, three-
square, and cattails thar were salvaged froc:: rhe project site. :-'.0 s'.-camores ane cottonwoods
wer."; also planted, and 'he seed mix reeOIL"::enccd in the P12: ".as 2pplied. The c:'i1p]etion of
pJaiiting was described in a letter sent to [:n Eallkins, of t1.' "..'5. Fish and \Vi::'tfe Service
(USnVS) (Live Oak Associates, Inc. Mac:.: 26, 200]) An '..'.bl2ilt planting p1-..: C-\pri] 10.
200 II was submitTed shonly thereafter Al] ~anc-'.cJg and seedi~: was completed c.-~siSlent with
the Plan.
FIRST YEAR VEGETATION MONITORI:'iG
The project restoratiorusl. Judy Bendix of : "}s:c.:c Associates. ::-lon":'ored the estac:ishment of
veger2tion on a month1:- basis between Apr:: 20Cl and March = :')2. During these 5::: visits, the
vigor of planted materials IVas assessed, anc :-"n<:'s TOwards the c::abLshment of veg,:ati\'e Cover
were noted. The need for maintenance actio .:ies. including Su:.:;ememal irrigatiocJT ---veedlng
was nored, and convn'd by memo to the ;:::Jec: ,eam. The fe :cs 0:- these visits \'.~s to assess
performance of the sile relative to perfoc:::".nce standards, 0.:: to identify and :orrect any
problems that might pre'0e2Jt L'1e attailillJent 0:' chose standards.
Live Oak Asscc-~ lcres, Inc.
At the cnc of the first year c:'ocr planting, the trend of well-est3bb,~,d, self-sustaining native
vegetation .., continuing, anc celt need for regulaL intensive l11ai~:o:lance inputs is u:1likely
dUling yec:, nVD and three.
A discussic:: of the perfoll11cc.:c standards described in. the plan is inccded belo'.'". The a;:c'lysis
of complia:.ce 3tthe end oft!:, jest :.:ear ofmonitQ];ng is written In ir,: ::s.
Habitat Developmen t
Plant Health and Vigor
TDe resuhi-eTJg com;k:x of riparian Tree~ ~1d freshWater ma7~h
species \'vlll reprCSclit a diversity of 112::',"e species approac;ing
the plant palette in :he Planting Plan c'::~ nOI2-natives that :ee,
already present On sileo 1l1e fresh ware: .~'arsh habi [at \vill
represent the diveTs:~,' c,fyvet19J1d spec:::s in ::he PJanting P:2.l! and
c1..lT:-ently j;Jund in ::le drainage and th~ ~c::d :::ank already ;::~:sent
in Ibe soils On site.
The r(var/c.n trees:. ,?a'j-3-Qs!Hj.'Qrer mar~-: Dla.;us rhut 1,.rcrc ,:: ))7.ted
around [he ,Dono' in .\.fm-ch 100/ have _~. Y,V?7 excellent sur;' "cd.
The rudera! specie,:: '.JreS2nt in [he see:.:..:' ~:~};fk silrrouna'in,g ['J
recOr?sr7"ucred pone.' _,':O1';? also groHn_ :-::-; plD.:nirig. seedir:::;- ::nd
;'ec.;-:ti[me):T o/narf',-;:.' ar;.i n071-i7QIive r: .~'~,"ai j~Decies h01'C c.','
cOl7tributed lOH'Grd L7"2i.'elopment o.'-"::Jm-~',-7.n andfresh,.\ _---:,',,'r
if?CirS!? hocfror surro::;y';.:ng the pond F:: hQ,~j[Qt [hat is
:ieve!oping around ,<:q pond re..Dl'2Senc '-':2 complement of
spec:'es [hor HEre p,:.---:i?tc-;' and seeded i;~ ,!arch 2001 as He,'" as
;wr;".'e and iwn-nClC:, s;::::cies rlwt Dee,;: "::crz,,"ted /0 [he :''-~-its
.-hot ',i'ere creatt!d 1~
{he exc(T'..'Gfion c - ',7.[ rand
The Projecr Rcstorc::Ol1isr '",ill qualita,:' o'v C'.alu2te plant l:cclth
end \igor L'lrough 'O:'ca] l.nspection, Gr:'.lh c.nd sUT..-ival 0'-
~pecics \.vill oemons::-2.te 3. trend to\Y3rc_: :-:ealL.c'1y eSL.ablishrn~;It.
Tree sUT,,:iya] at the :::1d llfthe I-yeas IT::=~jtor:ng pe-iod wjll JE
SOS'o, No sun'ival SL::=J1d2Ids are establi~:-:~d fOT the fresb\\'ar;:;-
::1ar511 species beca,.'e tte desired spec:', are chizoDatous c.-.d
:ndi\':du2] plants are jiffcult to disting'C:,c,
The /:ealrh end vigor ofr.:~e trees rhat "1:."'::' plcJ?!ed around
.Jone.' ;'s very good or :he 2.:70' of {he first ,', ~:Jr iVillOl\'551101,'\.;
:.,1mosr / 0091J survive! m::.i 1-1.'h112 their ':~:.:?h[ Z"01-1.Th 1,V05
.:;robcb(v sorne'd'har :-.'7?peded by rhe gro __:'1 o,f;-:on-i7crive g;r2.:ses
::ndJorbs, [hey are €S,-abi"~'shed [0 the s:';-~ :1nd ::.ecauS2 cJf (he:',"
.::ro_y:'mir)' [0 !he ponc~'_ '\-1-'[';'} conI7nue fo g:'_.v ,:!...) [hey ga in mc,: q
~-ta!uTe, [he_:.' H'ill be:;.>) to s,ltade out the _ ..Jro:,nding rUd'erc:i
o
i....-e Ock Assoc jQles, Inc.
vegerorion. This should become ]770re appar2i!! during the second
ond rhird years o/moni/or.;i7g
The corJol11voods (2) and s:, cnmores (2) shm,] 00% sunivol
The cOlwnH'oods were pla;;:2d on the cost bank of the pond, in
an areo of perennially san,iOfed soils. They sholledgood heal/h
and n~,;or rhrough the firsr .'ear moniroring Thev will probably
c~TOll' rr::lotively slowly becD.!IJ'e of the exrensil:-e e.:.:isring tree
canopy in [his portion ofrh2 )oi1d TIle S}'Ccuno;'es lvere planted
above FOp of bank On the "esr Side of the pond flJey died bock in
earll" .\fay 200] during a jNi.'od of high rempel"C/{ures and dlY
winds. rre ll'atered lveek(l/ {/!}'ough the summei' o.lJ001} and
they rebounded remorkabl",. .1fier. one year of mom to ring. the
s;.'camOi'2S show excellent /72cirh and vigor. Th2J' will probably
require supplernentall.vaterii?g again rhis sumn?2j' in order to
becomeful(l' established to ,<:e sire. These trees" ill be warered
",ice iriOnthly during the dr.' .iwson of 2002 f.om ',fay rhrough
Getobel"
Heolrh and n/;or o/rhe /i.es:'.,Qre;- el77ergel?[ marsh species wos
l'cI)"' good throughouT the~fF5r year ofmonfJor:".;-!g, SOine ofrhe
cmtaili aild rhree-square S2r .'fed at the'c'ed of }OIJ] growing
season. and alrhough no sw.....;':ol srandord lvas seifor these
plants. .:..~!tn;il"Cll of (U7!7splanTC~:.i mareria!s appec.rs fo have bee;-?
l'eJY h~?h. Cartai!s and th-eE-~~q?tcre h0'[' also reo"'uir::d lO the
1\'eS/, norrh and south perime.'::rs G/rhe p'ond TVe 2,\.Dect
continued expansion of these sDecies ai-ollnd rhese portioils of the
pond 1~'2cause habir[l[ condir.:o.;:s ../(71:01' their f?s!a6hshmenr..
especie/:>' in [he norrhern th:>~--;' of the pond (rhe sholio1V end)
The dee,:Jer water aa}oining :-.-:-:: l,resrern. eaSlen? Cf?d sDwhern
ends OJ^{/72 pond lril! limiT rhE52 species to a relc;r:\n>_ narrow
band
'-iJ.tive COYer
T fee CO\.or will be 30% in me J.Jea planled wi Ih. "illows.
cortonv.oads 3J]d sycmJores ~, the end of the] -\eJ.J rnorutoring
period. Cart3Jls, three squJ.Je 2J1d rules ",-ill 5110'.': 500~ cover at
the end of lhe l-yeJ.J mOnita:'.."g petiod in the shallow end of tl1e
pond
Tree CO',Er in areas piantea" -'lth ,viiioon is g,"oarer rhan 50%
The easr side oflhe pond has tr.?e cover in e"cess of80S~, mosr of
which is altriolltabie ro the n,aJure wlilolls thar 11 ere flresem at
rhe pOl7dperimeter ar Ihe li",o of planting Tree cove,~ along rhe
west SIa"e of rhe pOlld is Vol' 50% a PO/TOI? of which is
am-ibwaiJIe to the marure Wlr0'1'] presenr atlhe Une c:r planring
3
1z\'e Ook .4ssoc jares, /;-7C
Natur31 Regeneration
ToleralJce oflVeeds
Remedial Actions
The limited l1!1mber (two of eoch sp,Ties) ol1d small si:e of the
planted sycamores and cO!!Oi7lYOOl7~- makes an cl'aluarion of
cover some1-iihor meaningless, but ll;/;~'.': C01:e1' is cl.Yduaredfor the
oreas in l,.j.'hich rjlcy were planted_, ccd? specie,)' ach/c'i'e greater
[hol1 30% cover.
Fj-eshv/ater marsh species planted c [he eOSl end of [he pond
have achieved 50?/o cover at the ~nd of the firs! )"Cor of
monitoring. The establishment of me.,;';; exrensh.'e cover [hese
species is expecred during the secc;:d JEar oj'moniroring as
plol1ted ol1d 1100UraUy recruited plol1i_' .2/"01"
The Project ReSlOrationisI shall eva]uc:= the project site for
evidence of natural recruitment of de':c.=d sDccies.
E~'([ensive recruinnenr oj catzails, thre-2-SCjucrc, a;?d lVi!Zo....~'5 is
apparent around rhe p:?rimeter of the _-:: ]nd Because hab :CJr
condirions fa-vorab!e /0 rhese species :"".; pr;:se12{ oral/nd
pond. additional i'r;cru;'r77'ienr is expec::.J_
Thcr~ shall be Ze'fIJ tokr~mce of giant ::-:=d,-_ :\~on-n2ti\'e 2~-::",!u21
grasses 2nd non-n2.i:ive fresh\\-ater lna::-.::~ \\-ed3J1d species
currentlv found O~ site shall be toleIxcC.
"Vo gianT reed lies hee,;; delecreel The ':on-,;:Clrive am7l!.c.!~:.asse5
and forDS preseru in the projecr '.-.-::mir~y pnor to J..:;iol?ring
cO.'?1inue iO be pr-2se.;:r. and no .0/::::5 _(or their Co.;;;!',)! w'e
proposed
1l1e relD~dia] actjo~s identified by the ?::-ojeCI Restoratioi.:isi: Ll1
the monthly moniTOring !11elDOS have :=;::n Lr::!plemented ::: ?ood
faith, including replantG-:lg, reseeding_ e:-~'sior:. Tep2irs. and :ond
repaIrs.
The Orl.L~l; remea'jol ocriorls recom.:".:ended b_1 fhe Projeer
Restorarionisr during rhe first ye;:;' 01 monitoring }Vere
supplemental hcnd-lFcT:::ring of [.he :'}'CCiIZOres, and hmir2d
H/eeding around t/1E' ),V:"flOIV on rhe '~'.-:.;[ e,:?d o}- the pond The
SYCW7?ores }vere 1,.otQred as recommenc-:d. end in response [0 (he
1,VQlcrina have rhr:\-ed The 11.eedin'Z c,"Junc' rhe -11.iilQ1/vs >t'QS nOl
C' - - u
im,!)!emented, because 0..-; rhe dU}iculry c_'-access. 7772 l,i'e.5[i]cnk of
[he pond is very Sleep, cr.-d because the .:;.ono.' 17?Orgin is cOi"-SranL~-')
san'rated lveedino 1ilould be need.:'.:;' ar fi'ecru.'ent jY:le,'i-Jo!s
,:;, ~ ..
Because [he lvillO',-t.s show good heah:: :;nd l.'igor) QJU] ;Yl::OU'j-e
[he cover standard has been met, no ..'_eeCi'~-.l1g is r2commended
during the second year c./monitoring.
~
~:\;e Oak .-issoc jal2s, lne
Maintenance Measures
The mitigation site shall not reguirc significant maintenance
mcasuces by the end of the I-year monitoring period (planting of
seeds Or containers, \N3tering) and significclI1t \\"ced control 3..;1d
erosio'1 repaIrs). Significant weed comral is defined as necessar\
remo'.21 of large stands of noxious weeds; non-significant weed
controi IS defined. as on-going removal of less noxious weeds.
SeCOi:~,'-_-vear maintenance meD.s'ures ore !imilcd to Jvatering the
SYCClniOi'es tluice mOluhlJ'. Ihis is nOl COJ7sidci?d to be a
sign~r;cant l7lainlenczr/ce input, ond according~~', this
peljOt::7Gl1ce stondord has bee!? mer.
HGfTA TION" PIRFOR:\JANCE AT THE Ej',D OF FIRST-YEAR IvlO\TrORlNG
Plamed and seeded \egct21ion has pe"onned at Or above the perforn12nce St32dards estabhshed
for the site during jilt firs; \ear of pos:-"lanting monitoring M2intenance inV'L5 during the firs:
i:2turallv-recruited '.egetiEian demonSIs2les a healthy trend 0,' habit"t deve10ol11ent that wii'
,'oar were mmor. out efJ'cclive in ",,,-,ring the Success of planted veget2l:on. Planted and
continue without cominued maintcnar:ce me2.sures. The site shows s21isfactor development 0:.
cover. The Success of the planting and .eeding is evident in the ',.erv high rales of sun'ival. and
111,= rapid develapl11e~t of fc2bit3ts that \\O,e plcnned far in the PiEe,.
COI\CLUSIO'1
Az the end of the first yeac af post-piQc.';ng monitoring, we co,:ciude that the Pian, relative to
\egelation establishment has been Successful. We expect that vegetative cove, '.'..iil cominue the
trend of satisfactOl.'" grO\vlh and develoci:1ent during the next two years of moni:oring.
5
Live Oak Assoc fares, fnc
Photo ] : Transplanted cattails and
thIee square, March 200 I
Photo 2: Transplanted willow seedling on
south bank of pond, March 200]
6
Live Oak Associares, lnc
Photo 3: Bench of freshwater emergem
vegetation, nOlih end of the pond, September 2001
Phmo 4: Freshwater marsh vegetation is establishing at the north end of the pond (far center of
phmo), whde will 0',.'.' transplants are becoming established on the east and west edges of the pond
(far right and left of photo). Not visible are the sycamores and cottonwoods. September 2001.
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ATTACHMENT NO.7
MONITORING REPORT FOR PHASE III RESTORA nON OF
SEASONAL WETLAND, 6847 TASSAJARA LANE _3RD YEAR
Susan E, TO\VI1send, Ph,D,
Associate Ecologist
LIVE OAK ASSOCIATES, INC.
70956'" Street Oa..\Jand, CA 94609 Pb# (510) 593-66]4
. 6830 '''' del Ora. Suire 20j . San Jose CA 9j II 9. Phone (408) 2 24-J300 Fax (408) 2N-! 411 .
May 19, 2004
USFWS
2800 Cottage \1/2y, Ste- \\12605
S=.enlo, California 95825
RE:: \1onitoring Report for Pluse ill Rest0T31ion of Seasonal Wetland, 6847
Tll.\s.1jat'3 Lane - 3rd yeu
D= I/u. Mike" epsted.
This letter aDd attachmeQ[S ser,e to fulfill a rl1'oning obligation 2.S Cesccibed in tbe
"Pb.se III: Imp]emen12tion of EXC3varion Activities and MonitorJlJ:' for Restantian of
Se~'Onal Wetl2..'1fi" (Live Oak Associates 2001) u::-.:Jer the "Fin2.l Jw:'geoeili and Order'
rued OD April 24,2001 ("'Order") and an email to Don Hankins, USFWS. from Paul
KDz.acbenk:o, Gonsalves & KOZ2.cbenko (dated Oc"..DOC:- 21, 2001).
T:1is :etter repcrts resuhs too fOOpjtoriilg condu~~d at the sea..'OD2.~ ::-or:.ci located at 68J.{
T2.S'2jar2 Lane. T1e frrst C>;)st-consrruction II:<Jnito:ing rejXm was slb1I'..1:ted to Don
h~,"ins, USFWS (dated Febr.mry 27, 2002), anomer repon on Alg'.2St 29, 2OD2, er.d,
fir,aDy,1o My. Nepstd.. l.'SFVlS (dated June 16m, 2003), These reporeS and this repm
addr:ss me depth of the ~cnd at be time cfvisit, S''''-tus of the emb.::1.k.mem (accorrpaoie:
by pootographs) 2Ld obser~tioIJ.S of s):'ecial srams species, if any.
Herpetologist Dr. J\,1ark Jennings visited the 5eJ.SOw pond on April IS, 2004. During this
visit, Pacific tree frogs (Hyla regzlla) were ab1IDhm and healthy. Two larval California
tiger oala..'1l3J1dec l2rvae (A:nbysTOI7U1 californiense) were detected, 'io red-legged frog
addts or larvae (Rana curaTe draylonii) we;:e detected during tllli .,"sit.
\li~udlife e"Jllogist, Dr. S= TOWIlse:ld, visited the pond on April 15ili, 2004 in orde, to
take photDgrapbs, The w2ler in tte PJocI was approximately 2 feet deep in the deepest
par:. Aquatic vegctatior: '~as present in about a third of the pond (see Plates 1 and 2). The
=Ccnkment and spill"",:,' w= vegetated '",-jt.b thick grasses (gee Plares 3 and 4), No
degr&iation or erosion lD either the spillway or the embankment was obserlCd,
Tile relIl2ining SUCs4Ue;::r stipulated site visirs and re?Jrts to be corrmleted are as
foUo'....s: or:e site vi.siI be':"'.vee::J Nll.T\:h aLd ?vfay in t1:.e years 2005 ~C ~C06 \\TI.h each visi:
foUowed by a report of findings. We request confumation from you (the USFWS) that
you receiVc--d trus report.
Regards,
/ [1 n()
-1frcM^ ~~
Su:;;m E. To'W=d, PhJ)
Associate &ologist
510 593 6614
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Plate 3: Spillway, 6847 Tassajara Lane, Dublin, California, April!5, 2004
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Plate 4: Spillway and embankment, 6847 Tassajara Lane, Dublin, California, April 15,
2004
Seasonal Pond Phase 1f! May2004
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Plate I: Seasonal Pond, 6847 Tassajara Lane, Dublin, Califomia, April] 5, 2004
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Plate 2: Seasonal Pond, 6847 Tassajara Lane, Dublin, Califomia, April] 5,2004
Seasonal Pond Phase !II May2004
U.S. ARMY CORPS OF ENGINEERS
PRE-CONSTRUCTION NOTIFICATION
FOR THE
MISSION PEAK
DEVELOPl\1ENT PROJECT
ALAMEDA COUN'fY, CALIFORNIA
Prepared for:
STANDARD PACIFIC HOMES
3825 Hopyard Road, Suite 195
Pleasanton, Califi]rnia 94588
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
3127 Vistamont Dl~ve, Suite 100
San .lose, Califomia 95118
Phone (408) 448-2322 ~ FAX (408) 448-2010
Contact: Jeff Olberding
JULY 2004
2.0
3.0
TABLE OF CONTENTS
10
INTRODUCTION . . . . . , , , . . . . , . ,
11 Project Sunmlary ,.,......,
12 Project BackgTOund . . . . . . . , , . . . . . . . , . .
1.3 Qualifications for a Nationwide Pemllt , , . , . .
I
I
I
2
SUPPLEMENTAL INFORMATION FOR CORPS PERMIT APPLICATION
2.1 Department of the Army Permit Application (ENG Form 4345)
2.2 Waterbodics Impacted (Block 13) . . . . . , .
2,3 LocatIOn of the Property and DIrections to the Site (Blocks '15 - 17)
2.4 Nature ofthc Activity (Block 18) ,.,.."..
2.5 Proposed Project PuqJose (Block 19) ...
2.6 Rcason(s) for the Discharge (Block 20)
2.7 Type(s) and Amounts afMatcrial Being Discharged (Block 21)
2.8 Surface Areas of Wetlands and Other Waters of the United States (Block 22)
2,9 Portions of the Project Already Completed (Block 23) ,
2.10 Names and Addresses of adjoining Property Owners (Block 24)
2.11 Approvals or Denials by Other Agencies (Block 25)
4
5
7
8
8
8
9
9
10
]1
11
II
....
POTENTIAL ENVlRONMENTAL lMPACTS .
3.1 Ground Water RechargelDischarge .
3.2 Flood Storage/Desynchronization .......... . , ,
3.3 SedIment/Toxicant Retention
3.4 Nutnent Retention/Transfomlation
3.5 Nutrient Production/Export
3.6 Aquatic Diversity/Abundance
3.7 Flsh/Shelliish Habitat
3.8 Wildlife Habitat
3.9 Endangered Species.
3.10 Consumptive Recrealron
3.11 Nonconsumptive Recreation
3.12 Uniqueness/Heritage
3.11 Ecological Integrity/Fragmentation
II
11
12
]2
13
13
13
14
]4
16
16
16
17
17
TABLES
Table 1
Table 2.
Table 3.
Table 4.
Table 5.
Water Bodies Impacted. , , , . , , . . . . . . . . , , . 7
Reason For Discharge at the Tassajara Creek Tributary 9
Types and Amounts of Material Being Discharged at the
Tassajara Creek Tributary ........,. 9
Surface Areas of Wetlands and Other Waters ofthe United States 10
Summary ofImpacts/Mitigation to "Waters of The United States" By IIabitat
Type . . . . . , , . . . . . . . . . . .. 10
LIST OF ATTACHMENTS
ATTACHMENT NO.1
FIGURES
Figure No. 1. Regional Map
Figure No, 2. Vicinity Map
Figure No, 3. USGS Quadrangle Map
Figure No.4 Aerial Photograph
Figure No, 5, Mission Peak Property Site Plan
ATTACHMENT NO. 2
CORPS JURISDICTIONAL DELINEATION
YERIFICA TION LETTER AND MAP
ATTACHMENT NO. 3
COMPLIANCE ANALYSIS OF CONDITIONS FOR
APPROY AL OF A NA TIONW1DE PERMIT
ATTACHMENT NO.4
APPLiCABILITY OF THE 21 PUBLIC INTEREST
FACTORS LISTED IN 33 CFR 325.3 (c)(l) TO THE
MISSION PEAK PROJECT
ATTACHMENT NO. 5
AGENCY COORDINATION LETTERS
ATTACHMENT NO.6
ARCHEOLOGICAL FIELD INSPECTION REPORT
This rep0l1 should he cited as: Olberding Environmental, Inc. July 2004, Pre-Construction lv'otijicalion for the
.Hiss/on Peak Development Project, Alameda County CaJifomia. 17 pp. plus attachments. Prepared for Standard
Pacific Homes, Pleasantoll, Cahfonlia.
11
1.0 INTRODUCTION
1.1 Project Summary
This document will provide the information necessary for agency review of activities related to the
Mission Peak Development Project (Project), located in the City of Dublin, Alameda County,
California, The Project involves the subdivision of 23.5 acres of land within a 678 acre
development site. A total of 44.3 acres of open space will remain undeveloped within the Project
site and provide habitat for common and special-status wildlife specics. Approximately 96 single
family homes are proposed to be developed on the Property, adjacent to Tassajara Road where a
tributary to Tassajara Creek passes beneath the roadway thTOugh a large culveri, Development will
occur in the flattest pOliion onhe Properiy, while the steeper hillsides will remain as the open space
component. A st01111water outfall culvert and associated rock riprap bank protection are proposed
to be installed on the tributary to Tassajara Creek, This structure is designed to capture runoff from
the developmcnt site and discharge it to the channel aftcr post-construction treatmcnt within a
constructed water quality basin and constructed wetland feature.
Two special-status amphibian species, the Califomia red-legged frog (Rana aurora draytonii) and
California tiger salamander (Ambystoma californians), are known to occur within the Project area.
A Biological Assessment RepOli and Mitigation and Monitoring Plan have been prepared to avoid
potential "take" and minimize habitat impacts to these animals. On-site mitigation includes the
construction of a constructed wetlandlbreeding pond, maintenance of setback buffers, open space
eonscrvation, riparian restoration, cattle exclusion, ecologicalmonitOling during construction and
construction ofpemlanent barrier fencing ancllandscaping surrounding the development to prevent
future "take" in the subdivision area,
Based on the Projects's impact to jurisdictional waters within a tributary to Tassajara Creek,
Standard Pacific Homes (applicant) seeks authorization to place up to 3 cubic yards Ofpell11anent
fillmater;al (rock riprap) within 0.001 acres of jl11isdictional waters under US Army Corps of
Engineers (Corps) Nationwide Permit No.7 (Outfilll Structurcs and 1I1aintenance). Nationwide
Pem1it anthorization is being sought for impacts associated with installation of the required rock
riprap bank protection placed below the outfall culvert on the tributary to Tass<uara Creek.
This document is organized as follows: Section 1 discusses the specific Project components.
Section 2 provides an introduction to the Project and infoll11ation specifically requested in the most
recent application for a Department of the Amlypemlit. Section 3 discusses potential environmental
impacts.
1.2 Project Background
The Property consists of undeveloped grazing lands that have steep to moderately steep topography
ranging in elevation from approximately 700 feet at the nOlihcastern comer of the Properiy to 470
feet along Tassajara Road, No buildings occur on the Properiy. The hillsides support non-native
annual grassland throughout the site and smaller patches of native perennial grassland habitat are
found on the north facing slopes, The wcstell1 edgc of the property, adjacent to Tassajara Road, is
relatively flat with a slight slope from cast to west. Subdivision development is proposcd on this
area. A series of hills are found on the majority of the property extending to the eastell1 boundary
from the flattcr areas along Tassajara Road. Thesc hills are to be protected as open space habitat.
Currently, the lands an; used for cattle pasture which leaves little or no vegetation in some areas
where high traffic occurs. Thc lands to the nOlih, east are similarly used for pasture and are
separated from the Properiy by barb wire fences. The adjacent land to south is currently under
development. One residencc is locatcd west ofTassaj ara Road, across from the Property, A tributary
to Tassaj ara Creek flows nOliheast to southwest along the nOlihwestell1 Property boundary. This
area supports sparse riparian vegetation which has been heavily impacted by grazing cattle resulting
in a lack of under story vegetation and steep, eroding embankments along the Creek. An unpaved,
diri access road parallels the East Fork of Tassajara Creek onto the Properiy from Tassajara Road
and terminates approximately 600 feet into the site.
There are hvo constructed pond features within the Property boundaries, One pond has heen
constructed as part of a recent mitigation measure for California tigcr salamander. The pond is
located approximately halfway up an intcmlittent drainage in the eastern half of the site. This pond
consists of a constructed beml and spillway placed across the drainage. A second pond is a
constructed Califomia red-legged frog pond located immediately to the east of the tributary Creek
channel. This pond feature has been fenced to exclude cattle grazing and is sUITounded by thick
en1ergcnt wetland vegetation.
1.3 Qualification for Nationwide Permit
After review ofthe proposed project and its impacts to jurisdictional wetlands/waters, it appears that
the outlet structure project qualifies for authorization under the Corps Nationwide Pel111it No, 7
Outfall Structures and Maintenance. This permit would authorize the placement of up to 3 cubic
yards offill material (rock riprap and coir fabJic) into 0.001 acres of jurisdictional wetlands/waters
associated with the installation of a stonmvater outfall structure, An assessment of Corvs impacts
has been hased the application of the verified Corps jurisdictional delineation map included as
Attachment 2 of this document.
These activities are necessary to implement the proposed development Project and meet the specific
criteria as identified in the Nationwide Permit Program: Final Notice oflssuance, Reissuance, and
Modification of Nationwide Pennits Notice (33 CFR, Part 330, Appendix A, Vol. 61, No. 241, 13
Dec 1996) and Issuance of Natiol1wide Pemlits; Notice (Federal Register Vol. 67, No. 10,15
January 2002).
Nationwide Permit 7
Outfall structures and maintenance activities related to the construction of outfall structures and
associated intake structures where the effluent from the outfall is authOlized, conditionally
authorized, or specifically exempted, or are otherwise in compliance with regulations issued under
2
the National Pollntant Discharge Elimination System Program (Section 402 of the CW A), and
maintenancc cxcavation, including dredging, to rcmovc accumulated sediments blocking or
restricting outfall and intake stlllctnres, accumulated sediments f]-om small impoundments associatcd
with outfall and intake structures, and accumulated sediments from canals associated with outfall
and intake structures, provided that the activity mcets all of the following criteria:
a, The permittee notifies the DistJict Engineer in accordance with Gcneral Condition 13;
b. The amount of excavated or dredged material must he the minimum necessary to restorc thc
outfalls, intakes, small impoundments, and canals to original desi~'11 capacities and design
configurations (i,e., depth and width);
c. The excavated or dredgcd material is deposited and retained at an upland site, unless
otherwise approved hy the District Engineer under separatc authorization; and
d. Proper soil erosion and scdiment controlmeasurcs are used to minimize reentry of sediments
into watcrs ofthe D,S.
The construction of intake structures is not authorized by this N\VP, unless thcy arc directly
associatcd with an authorized outfall structure, For maintenance excavation and dredging to rcmove
accumulated sediments, the notification must include inf01111ation rcgarding the original design
capacities and configurations ofthe facility and the presence of special aquatic sites (e.g., vegetated
shallows) in the vicinity of the proposed work. (Sections 10 and 404)
General Requirements
The General and Section 404-0nly Nationwide Permit Conditions have been reviewcd in the design
of the Project. The Project will comply with all applicable conditions (Attachment 3). While not
regularly rcquircd for a Nationwide Pe1111it submittal, applicability of the 21 public interest factors
bavc also been included as Attachment 4 to assist tbe Corps review of potentia] Project impacts,
Tbe U. S, Fish and Wildlife Service has been contacted regarding the potential presence of federally
listed (or proposed lor listing) endangered or thTeatcned species or Clitical habitats in the Project area
(Attachment 5), Based on the historical and CUlTcnt information gathered and assembled by
Olbcrding Environmental, it was determined tbat California red-legged ii-og and Califolllia tiger
salamander occur within tbc boundary of the Project site. Inf01111ation associated with these species
has been included in the Biological Assessment RepOJi.
Based on the extensive scarch of records, surveys and a review of existing information, no previously
recorded historic properties (archeological, architectural or traditional cultural sites) have been
identified or are known to exist in the Project area. An archaeological field inspection report has
been prepared for this project site and is included as Attachment 6 oftbis document. No cultural or
histOJic resource concerns have been identified at this time. Mr. Hans KTeutzberg, Project Review
3
Coordinator of the Office of State Historic Preservation has been contacted regarding this issue
(Attachment 5).
2,0 SUPPLEMENTAL INFORMATION FOR CORPS PERMIT APPLICATION
This section provides the Department of the Army Pell11it Application and infol111ation requestcd in
Blocks 13 and 15-25 of the most reccnt (Febnlal)' 1994) application fOll11. It includes infoll11ation
conceming the:
I) name of all water bodies directly impacted by the activity (Block 13);
2) location of the proposed Project and directions to the site (Blocks 15-17);
3) nature of the activity (Block 18);
4) proposed Project purpose (Block 19);
5) reason(s) for the discharge (Block 20);
6) typcs(s) of material being discharged and the amount of each type (Block 21);
7) surface areas of wetlands and other waters (Block 22);
8) portions of the work already complete (Block 23);
9) names and addresses of adjoining property owners (Block 24); and
10) approval or denials by other agencies (Block 25),
4
AI'PLlCA nON FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325)
O~lB APPROVAL NO. 0710-
003
Expires October] 9%
Public reporting but"den for this collection ofinforlll3tion is estimated to average 5 hours pCf response, Including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the co1lcetion ofinform::ltion. Send comments
-eg:J.rding this burden estimate or any other aspect of this collection ofinfonll:Jtion, including suggestions for reducing this burden, to Depal1ment of
dense, Wilshington He:JdquJrters Service Directorate of Information Operations and Reports, ] 115 Jefferson Davis Highway, Suite] 204, Arlington, V A
.:2202-4302: and to the Office of Management and Budget, Paperv/Ork Reduction Project (0710-0003), Washington, D_C 20503. Please DO NOT
RETURN your fOllll to either of those addresses Completed applications must bc submitted to thc District Engmeer havlIlg Jurisdiction over the location
of the proposed activity.
PRIVACY ACT STATEMENT
Authonty: 33 use 40 1, Section 10; 1413, Section 404. Principal Purpose: These ];1\VS require pennits authorizmg activities in, or affecting, navigable
waters of the United St3tes, the discharge of dredged or fill matenal into waters of the United States, and the transportatlOl1 of dredged material for the
purpose of dumping it into ocean waters. Routine Uses: InformallOl1 provided on this form wiI! be used In evaluating the application for a pemlit.
D1sc[osure: Disclosure of requested mfonnation is voluntary_ If IllfOrm3tlOn 15 not provided, however, the permit application cannot be processed nor C3n a
permit be issued.
One set of onginal drawings or good reproducible copies which shmv the location and chafClcter of the proposed activity must be attJ.ched to this
applic3.tlOn (see sampie drawmgs and instructions) and be submJttcd to the District Engineer having jurisdiction over the location of the proposed activity.
An 3pplicarloll that is not completed in full wlll be retullled
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
I APPLICATION NO.
,
2 fIELD OFFICE CODE ] DATE RECEIVED 4. DATE APPl.lCATION COMPLETED
5 APPl.lCANTS NAME
(ITEMS BELOW TO BE FILLED BYAPPLlCANT)
8. AUTHORiZED AGENl .S NAME AND TITLE (an agent is !Jor reqllircd)
Standard P8cific IIomes
(contact: Nonmm Soares)
Jeff Olberding
6 APPLICANTS ADDRESS
9. AGENT'S ADDRESS
Standard Pacific Homes
3825 Hopyard Road, Sui!e 195
Pleasanton, CA 94588
.ePPLlC\NTS PHONE NOS. W/AREA CODE
OJberding Environmental, Inc.
3127 Vlstamont Drive, Suite 100
San Jose, CA. 951 18
10 AGENT'S PHONE NOS. W/AREA CODE
a Business (925) 487-8700
b Fox: (925) 730-594 I
a. Business (408) 448-2322
b. Fax (408) 448-2010
II
STA TEMENT OF AUTHORIZA nON
J hereby 3uthonze, JeffOlberdml:': to act m my behalf as my agent in the processmg of this application and to
1 request, SUpplcIllcntal/:foITn3non m suppOrt of th15 permit 3DplicallOn.
A .
'.tf vr/L4./VO ,J<</1 ~ t - d. (- (J'i
,\PPLlCAN'T'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PHOJECT OR ACTIVITY
1.2 PROJECT NAME OR TITLE(<cci"sln'cl!O"~)
MISSION PEAK DEVELOPMENT PROJECT
] 3. ~/\Iv[E OF \\'/\ TERBODY, IF KNOWN (Ij"f'pliw/'Ie)
14. PROJECT STREET ADDRESS iif(1pplirnhlc)
Unnamed Intermlttent Drainage Tributary to Tassajara Creek
15 LOCATION Of PROJECT
SEE ATTACHED DOCUMENT
Alameda
COUNTY
California
STATE
[6 OTHER LOCATION DESCRIPTIONS, IF KNOVv'N,(SCC"'SIr1JCliOIlS)
'FE ATTACHED DOCUMENT
,! DIRECTIONS TO THE SITE
SEE ATTACHED DOCUMENT
ENG FORM 4345, Feb 94
EDITION OE SEP 91 IS OBSOLETE
Proponent: CEC\\~.OR)
1 S. Nature (If ACli\'jIY (DescnpliC'1l ofpwjccl. include;]1I [c"tures)
SEE ATTACHED DOCUMENT
19. Project Purpose (Dcscribe Ihe reJsnn or purpose ofllle project. see instructions)
SEE A TTACIIED DOCUMENT
lISE BLOCKS 20-22 [F DREDGED AND/OR FILL MA TERlAL [S TO BE DISCHARGED
20. RC3son(s) for DischJrge
SEE ATTACHED DOCUMENT
21. T)-'pe(s) of MateriJl Being Discharged and the Amount of Each Type in Cubic Yards
SEE ,\ TTACHED DOCUJI,lENT
22, Surface Area ]n Acres of Wetlands or Other Warers Fllled (see instructions)
SEE A TT ACHED DOCUMENT
23. 1s Any Portion of the 'Work Already Complete? Yes
No ~ IF YES. DESCRJBE THE COMP~ETED WORK
24 Addresses of Adjoining Property Owners, Lessees, Etc., Vfhose Property Adjoins the Waterbody (if more than can be entered here,
ple3se attach 3 supplemental I1sl).
SEE A TTACHED DOCUMENT
25. List of Other Cenifications or l\pprovals/Demals Received from other Federal, State or Local Agencies for Work Described in This ApplicatIOn.
AGENCY
TYPE APPROVAL'
IDENTIFICA TION NUMBER DA TE APPLIED
DATE APPROVED DATE DENIED
SEE ATTACHED DOCUMENT
*Would Include but is not restricted to zoning, buildmg and flood plain permits
26. Application IS hereby made for a permit or pem1its to 3uthorize the \'>'ork described in this application. 1 certify that the informatlon 111 this
application IS complete and accurate. I further certify that I possess the authority to undenakc the work described herein or am actl1lg as the duly
aU~Zedagentoftheapp~. ~.~ /} ~~/
/$.w/~/4Y' .~ r:~;;/~o/ C ~~ G-;f1-0Lf
S'IGNA TURE OF 1\PPLlCANT DA TE />>GNA TU AU DATE
The application must be signed by the person who desires to undertake the proposed activ~ or It m3.)' be signed by a duly aurhorized
agent if the statement In block II has been fi1led out and signed.
J 8 use Section 100] provldes th"t: \Vhocver, In any manner within the junsdiction of any department or agency of the United States
knowingly 3nd willfully fillslfies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses 3ny false writing or document knowing samc to contain 3ny false, fictitious or fraudulent
statements or entry, sh311 be fined not more than S] 0,000 or impnsoned not :l10re thnn five years or both.
'" U.S,GPO: 1994-520-478/820 I 0
2,2 Water Bodies Impacted (Block 13)
An evaluation ofthe geographic extent ofwetIands and other watcrs ofthc United Statedpotentially
regulated by the COl1)S was made within the Project boundalY by Olberding Environmental, Inc. in
Febru31Y 2003. The existing land forms as well as associated vegetation, hydrology, and soil
conditions were studied to identify areas that contain wetland/waters and aquatic habitats at the site.
A jurisdictional delineation report was verified by the Corps, File No. 27691 S, on June 24, 2003.
The jurisdictional delineation verificationlctter and map are included in Attachment 2.
The CO'1)S veliJied that 0.47 acres of juri sdieliona I waters are located within the Project boundary
Unregulated, isolated wetland features were also idcntified on the Properly including a total of 0.11
isolated drainage swale features and 1.01 acres of isolated seasonal wetland seeps and slack ponds,
Of the regulated water bodies, a total of 0.001 acres of jurisdictional wetland/waters will be
penmll1ently impacted to construct the outfall to the Tassajara Creek tributary. No other impacts
occur to the regulated or unregulated features on this propeliy.
TABLE 1:
JURISDICTIONAL WATER BODIES IMPACTED
Jurisdictional I . Existing Impacted
Wetlands/Waters (type) (a cres) (acres)
Other 'Vaters
Tassajara Creek Tributary 0.47 0.001
SUB TOTAL 0.47 0.001
The East Fork ofTassajara Creek is defined by a very deeply incised bed and barlie Approximately
1,460 linear feet of tbe channel occur along the nOlihwcstem property line. The active channel
averages approximately 5 feet wide and lies approximately 20 feet below the top of the bank. A
n31TOW flood tcnaee is also loealed along portions ofthe Creek adding an average of 9 additional
feet to the channel. The slopes of the banks are nearly veliical, however, a few locations occur that
are less steep allowing access to the channel. Scour is ongoing along the banks of the channel due
to extensive cattle grazing resulting ill a lack of channel vegetation. Tbe portion of the channel in
the Propeliy area and directly downstream appears to suffer from a very high erosion rate. Flowing
water witb depths averaging approximately four inches occms during the late spling and sunU11er.
Arroyo willow (Sabx lasiolepis) and valley oak (Quercus lobata) are found along thc active pOliion
of the ehalU1cl and up to the top of the bank. Elderberry (Sambucus mexicana) and coyote blllsh
(Baccharis pilularis) were also observed as secondmy species in tbe eOlTidor. These trees were the
only undcrstOlY components along the channel. Several mature blue gum (Eucalyptus globulus)
occur on the top of the east bank and within tbe channcl. Fine gravel material and silt are found in
the bed of the Creck, Wherc Tassajara Road crosses the Creek, a large cOlTugated metal culveli
transpOlis flows beneath the roadway, Approximately 1,200 feet southwest from thc Property, the
tributary meets the main channel of Tassajara Creck.
7
Functions found within the existing wetland habitats are primarily related to periods of high
precipitation, Functions include water retention, flood flow alteration, sedimcnt stabilization,
sediment/toxic retention, nutrient removal/transformation, production export. Very little herbaceous
or emcrgent vegetation exists within the Creek channel that could function to remove any amount
of suspended particulate matter. Dissolved and suspcnded contaminates are transported by runoff
from the sUlTounding uplands quickly downstream. Flows move quickly though the Creek as
evidenced by the deeply scoured and eroded side walls above the low flow channel.
2,3 Location of the Property and Directions to thc Site (Blocks 15 - 17)
The Property is located on the east side ofTassajara Road, north oflhe city of Dublin, The Propeliy
is found approximately 2.5 miles north of the Highway 580 and Tassajara Road interchange, The
site is situated at the first bend in the road way where it curves east to cross ovcr the tributary to
Tassajara Crcek. The Property is locatcd in Alameda County, just south of the Contra
Costa! Alameda County line. The tributary to Tassajara Creek fon11s the nOlihwestem boundary of
the site, Tassajara Road forms the westem border, and fcnce lines form all other boundaries.
Attachment] , Figure 1 depicts the regional location ofthe propeliy in Alameda County, Attachment
I, Figure 2 illustrates the vicinity ofthe Propeliy in relationship to the City of Dublin. Attachment
I, Figure 3 identifies the location oflhe Property on the USGS 7.5 Quadrangle Map for Liven11orc,
An aelial photograph ofthe Propeliy is includcd as Attachment 1, Figure 4.
2.4 Nature of the Activity (Block 18)
The activity consists of residential subdivision on 23.5 acres of the subject PropCliy. An outfall
structurc is necessary to capture runoff from the dcvelopment site. The Corps regulated activity
consists of the installation of a minor amount of rock riprap bank protection at the basc of a
st0l111watcr outfall stlllcture, The placemcnt ofthe rock riprap material is to occur below the ordinary
high water line (OHW). The outfall structure will consist of a 9 x 20 foot structure installed on the
side ofthc Creek baril;:, extending to the top of the ordinary high water line where stonmvatcr and
othcr elTant water flows will enter the channel. At thc OHW, sheet piling is proposed to be installed
to a depth of22 feel Below the OHW line bank protection consisting of riprap and eoir fabric will
be installed over an area approximately 5 x 15 feci
2,5 Proposed Project Purpose (Block 19)
The pllll10se of the Project is to develop residential housing consistent with the approvcd General
Plan developed and approved by the City of Dublin. Housing demands in the region and the
provisions of the Dublin General Plan EIR providc for the dcvelopment of single family home
snbdivision on the subject Properiy. The purpose of the outfall structure associated with the
development ofthe site is to meet regulatory agency requirements for regulated discharges to waters
of the U.S, The outfall will allow for tbe controlled discharge ofwatcr into the tributary to Tassajara
Creek. Rock liprap placement would be required to dissipate outflow energy and protect the outfall
structure from erosion.
8
2,6 Reason(s) for the Discharge (Block 20)
Discharges to waters of the D,S, are necessary to protect the channel and embankment sUlTounding
the outfall structure. Development of the site in absence of a designed outfall would result in tbe
rapid erosion and destabilization ofthe Creek bank sUIToundingthe outfall. The outfall stmcture will
ensure that stormwater flows are regulated as they enter the channel. The speed of water flow will
be reduced prior to entering the Creek, Water will be filtered throngh a series of detention basins and
constructed wetlands resulting in the settling of fines and other sediments. The construction of the
outfall, wetland feature and detention basins (outside of Coq)S jurisdiction), will provide for the
maintenance of high water quality within the Tassajara Creek system.
TABLE 2:
REASON FOR DISCHARGE AT THE TASSAJARA CREEK TRIBUTARY
Discharge Location Area of Discharge Permaueutlmpacts Temporary Impacts
(acres) (acres) '. (acres)
Outfall StruCture 0.001 0,001 0.00
TOTAL O.OOI tl.OOI 0,00
2,7 Type(s) and Amounts of Material Being Discharged (Block 21)
Discharges to the 5 x 15 foot area below the OHW will consist of rock riprap and erosion control
fabric (coir fabric). Sheet pilings will be installed at the OHW. Above the OHW a concrete outfall
with three control chambers will be constructed. StoIl11\Vater flows will enter the outfall thTOugh a
concrete pipe. During high volume stoml flows discharge waters will hit a wall directly in hont of
the concrete pipe which will slow the water velocity. Water then enters a sccond chamber and fills
it such that it oveliops a curb and enters the third chamber. The third chamber, locatcd closest to the
Creek, will be filled with a six-inch laycr of class 2 AD and 1/4 ton riprap. This rock filled area will
fmther reduce watcr velocities before enteIing thc channcl.
TABLE 3:
TYPES AND AMOUNTS OF MATERIAL BEING DISCHARGED AT THE
TRIBUTARY TO TASSAJARA CREEK
APPROXIMATE
DISCHARGE TYPE OF AREA CUBIC YARDS
LOCATIONS MATERIAL (Acres) TYPE
Tributary ofTassajara Rock Jiprap, coil' 0,001 PCIlllanent "
Creek fabri c ~
TOTAL 0,001 3
9
2,8 Surface Areas of Wetlands and Other Waters of the United States (Block 22)
A delineation was conducted by Olberding Environmental, Inc., in February 2003. This delineation
was verified on Junc 24,2003, The well and delineation indicated that wetlands/waters under the
jurisdiction of the COI1)S were present within the outfall construction area, Based on infolTIJation
gathered at the site and reflected in the verified jurisdictional map, it was detenllined that the
PropeJ1y contains a total of 1,460 linear feet of jurisdictional Creek channel. The average width of
the Tassajara Creek tributary is 14 feet.
TABLE 4:
SURFACE AREAS OF WETLANDS AND OTHER WATERS OFTHE
UNITED STATES
Discharge Location Jnrisdictional Wetlands Jnrisdictional Waters
.. (acres) (acres) '..
Tributary to Tassaj ara 0,00 0.47
Creek
Total 0,00 0.47
The impacts to the Creek channel would amount to a total of 0.001 acres as described above.
TABLES:
SUMMARY OF IMPACTS/MITIGATION TO "WATERS OFTHE UNITED
STATES" BY HABITAT TYPE
I Activity/Habitat Type I Acres I
Impacts to Wetlands/Waters at Tributary to Tassajara Creek
Penllanent Impacts to Other Waters 0.001
Temporary Impacts to Other Waters 0000
Total Acres of \Vetlands/\Vaters Proposed to be Impacted 0.001
Proposed Mitigation ofWetIandsfWaters .
..... .
Riparian Restoration 65
Sediment Detention Basin and CRLF Pond Construction 0.14
Total Acres of Restored Habitat 6.64
10
The Project includes the constrnction of several mitigation measures to protect Califomia red-legged
frog and California tiger salamander. Mitigation measures include the construction ofa Califol11ia
red-Ieggcd frog breeding pond adjacent to thc Creek (approximately 0.14 acres of wetlands), open
space conservation at a 1.9: 1 ratio for each developed acre of subdivision, riparian restoration along
the east side of the Tassajara Creek tributary (6.5 acres) within a IOO-foot setback fi-om the top of
the Creek bank.
2,9 Portions of the Project Already Completed (Block 23)
No portions orthe Project have been completed.
2,10 Names and Addresses of adjoining Property Owners (Block 24)
Names and addresses of adjoining property owners are available upon request.
2,11 Approvals or Denials by Other Agencies (Block 25)
Federal approvals are required by the COIllS for issuance of 3 Clean Water Ac1.Section 404 pCl111it.
The USFWS will also require compliance with Section 7 ofthe EndangereiCS~ Act. A copy of
this permit application will be forwarded to the San Francisco Regional Water Quality Control Board
for approval of 40 I Water Quality eeliification. This action is being considered under Nationwide
Pemlit Authorization 7 - Outfall Structures and Maintenance as per 33 CFR 330 APPENDIX A (B)
(39), A Streambed A Iteration Agreement application will be required by the Califol11ia Department
ofFish and Game,
3,0 POTENTIA1~ ENVIRONMENTAL IMPACTS
The discussion of imp acts that follows is intended to address the particular environmental functions
nonnally of particular concem to the Corps as a result of its role in protccting wetlands and other
special aquatic sites.
3,1 Ground \Valer Recharge/Discharge
The tributmy to Tassajara Creek provides for velY low Icvels of ground water recharge. The chanl1eI
is part of the regional stream discharge system and conveys a low level of nearly year round runoff
and higher levels of stonmvater (seasonal flows) to the downstream water bodies, The proposed
Project would not have a significant impact on ground water recharge within the Creek as a very
limited area, 0,001 acrcs, below the OHW will be affected by the Project.
The existing area proposed for development consists of grassland habitat that cunentIy allows for
minor recharge t1D.ough the native soil surfaces until saturated, at which time sheet flows develop
during stomlS and enter the Creek, Gronnd water rccharge will decrease in the region, while
11
discbarge to tbe system will increase as tbe outfall will transport water from impervious surfaces of
the subdivision into tbe channel.
Outside of the Creek, impervious surfaces will increase by approximately 23.5 acres as a result fTom
the construction of housing, rooftops, sidewalks, driveways, and roads. Tbese surfaces will limit
groundwater recharge in tbe Project area and increase winter time sheet flows from tbe site. ElTant
irTigation water originating from landscaping will also likely occur after Project completion.
3.2 Flood Storage/Desynehronization
During large stonn events the Tassajara Creek tributary channel becomes inundated and water levels
rise within its banks, There was no evidence that water in the channel flooded into the uplands of
Project area, The channel conveys water from the upstream tributaries which capture runoff from
minor intennittent drainages and the hilly grasslands to the north and northeast of the Project area,
Water storage occurs briefly within the channel during stom1 events until flows recede downstream
and the water is able to move through the system.
The proposed construction Project would occur during the late summer and early fall months when
there is very low flow in the channel. Construction outside the rainy season would minimize the
potential for loss of flood storage or desynchronization, The low levels of water in the eharmel
would ensure that no impact on flood storage or desynchronization wonld occur during project
implementation. All functions related to flood storage will be maintained throughout the course of
the development process.
3,3 Sediment/Toxicant Retention
The watershed for the Tassajara Creek tributary consists ofthe undeveloped hillsides north from the
Project site, Upstream ofthe Properiy, treeless grassland habitats dominate the hillsides which range
between gently rolling to very steep in topography, The Creek channel does not act to filter much
sediment due to the lack of vegetation in the channel and the rapid winter water velocities, No
source of toxicants occurs upstream from the site due to the lack of development north of tbe
Properiy.
Construction ofthe subdivision would temporarily eliminate vegetative cover in the 23.5-acre work
area. lfnot protected by interim erosion control measures these areas would be subject to erosion
in the winter, increasing the sediment load in stormwater runoff. Since erosion control measures
are to be included in the Project design, no increase in sediment or decrease in water quality is
anticipated. Therefore, it is expected that the scdiment/toxicant retention functions will not be
negatively impacted by tbe Project.
Additionally, the Project includes the construction of two sediment retention basins linked to a larger
wetland habitat basin. The sediment retention basins are designed to settle any eITant fines such that
they do not reach the habitat basin. After passing through the habitat basin water flows will enter
the channel. The sediment retention basins have been designated for yearly or bi-ycarlymailltenance
12
to ensure the intended function is achieved. The basins will be cleaned yearly to ensure their proper
deptb and slope as originally designed.
No debris, soil, silt, sand, bark, slash, sawdust, cement, concrete, washings, petroleum products or
other organic or ealihen material shall be allowed to enter into or be placed where it may be washed
by rainfall or runoff into waters.
3.4 Nutrient Retention/Transformation
The proposed Project will not alter conveyance of flood flows during the rainfall season and will not
significantly alter the use, distribution, or quantity of nutrients already existing within the drainage
channel under normal runoff conditions. Witb the exclusion of cattle from the Creek charmel it is
anticipated that riparian and wetland vegetation may establish along the Creek and up the banks.
Cattle grazing and watering impacts are cUITently attributed to the lack of vegetation within the
channel. 1t is possible that with an increase in channel vegetation, nutrient retention and
trans[ollllation may increase in the Creek. After vegetation bccomes established nutrients in the
runoff Illay be captured by roots.
The development ofthc 23.5 acre site will result in thc loss grassland habitat which will contribute
to a minor reduction in nutrient retention and transformation in the upland area. Grassland habitat
retains only a small amount of nutJients and the ;~.azed areas capture less due to the absence of
vegetation after cattle impact
3.5 Nutrient Production/Export
The Project site currently produces nutrients in the form of sceds, vegetativc materials and insect
populations, all of which arc utilized by local wildlife. Construction activities would impact this
production as there would be a loss of23.5 acres of habitat that produces nutrients that potentially
move through tbe Creek system. Constmction o[(he outfall would only affect a 0.001 acre pOl1ion
of the channel and result in only minor decreases to nutrient production and expOli. Preservation of
a large portion of the Property for wildlife uscs will ensure tbe long tem} production of nutrients
associated witb grassland and the potential expOli of such nutrients during stolln events.
3.6 Aquatic Diversity/ Abuudance
Approximately 0.001 acres of wetlands/waters of the U.S. will be impacted as a result of the
proposed Project. This area consists ofthc bank of a natural channel that flows nearly year round.
Since the Creek channel wonJd not likely be dry during constmction, the proposed Project could
tcmporarily alter the aquatic diversity and abundance of aquatic life within the construction site. As
work will commence just below the OHW, it is likely that the low flow cbannel will occur several
feet below the work area. However, those organisms that use the bank above the low flow line will
be temporarily decreased during the construction period. Any impacts in the work area would soon
rccover to the same level as the bank population prior to construction.
13
3.7 Fish/Shellfish Habitat
The proposed Project includes impacts to the tributary to Tassajara Creek below the ordinary high
watcr line. The tributary is very shallow during a long portion ofthc year and does not contain fish
habitat due 10 the low level of water. Thc water flow in the Creck is nearly perennial, but is not
known to support shellfish habitat.
3.8 Wildlife Habitat
The Propeliy suppolis eight habitat types: non-native annual grassland, native perennial grassland,
intenniltent drainage swa]e, Creek channel, stock pond, and seep.
NOli-Native Allllual Grasslalld
Non-native grassland habitats on the Propeliyresemble the non-native annual grassland as described
in the Goals Project 2000. The vcgetation observed in the annual grassland habitat consists of
species typical to highly disturbed habitats and consists_ of non-native weed species. The dominant
grassland specics on the hillsides ofthe property consisted of soft chess (Brol71us hordeacec5us), lip-
gut brome (Brol71us dialldrus), wild oat (Avellafatua), MectitClTanean barley (Hordewn murinum var.
gussoneanwn) and Italian rye grass (Lotium multifiorwn). Forb species found intennixed with the
grasses consisted of annual weeds such as Plickly lettuce (Lactuca seriola), dove geranium
(Gerallium molle), field bind weed (Collvolvu/us arvellsis), yellow,star thistle (Celltaurea
solstitiatis), black mustard (Brassica nigra), and dove weed (Eremocarplls seliger~us).
Native Perellnial Grassland
The vegetation on the nOlih facing slopes differed slightly from the south and west facing hillsides
as perennial blue rye grass (Elymlls glaucus) composed 50 percent of the vegetation. The change
in vegetation was significant enough for the native perennial grassland habitat to be distinguished
from thc dominant allllLlal grassland habitat. This habitat was found on the nOlih face ofthe nOlihem
most hillside and on the north slope of the second hill line (to the south ofthe nOlih propeliy line).
In addition to grasses, native forb species were observed to have genninated on the north facing
slopes but were not identifiable to the species level. Dicots such as butter cup (Ranunculus sp.),
larkspur (De/phinium sp.), soap root (CMorogalum sp.), owl's clover (Castilleja sp.), sanicle
(Sanicu/a sp.), clarkia (ClG/.kio sp.) and others were observed to be growing on thc north facing
slopes.
Intermittent DrainG!!c Swale
Shallow intennittent drainage swales allow for the drainage of the hills on the Propeliy and facilitate
flow in a nOliheast to southwest direction. The swales (Swale No. land 2) discharge into a
constructed stock pond. Thcse swales are fed by two seeps that provide water to the system after
stonnwatcr runoff has ceased. Both swale features are intermittent, however, a longer period of
water flow occurs in these waterbodys due to the influence of the two sceps upstream.
]4
Swale No.1 was observed to contain patches of spike rush (Eleocharis macrostachya) and salt grass
(Distich lis spicata) which arc perennial plants, thus reflecting the longer period of water saturation
in the system. Water was observed to trickle down the channel during a winter survey. Swa1e No.
2 is slightly incised at several locations and contained several limited areas\vei.e vegetation was
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Trihutarv to Tassaiara Creek (Perennial Creek)
The tributary to Tasscuara Creek is defined by a very decply incised bed and bank. Approximately
1,460 linear feet of the channel occur along the nOlihwestem property line. The active channel
averages approximately 5 feet wide and lies approximately 20 fcet below thc top of the barlie A
nanow flood teITace is also located along portions of the Creek adding an average of9 additional
feet to the channel. The slopes ofthe banks approach veliical, howcver, a few locations occur that
arc less steep allowing access to the chamleL Scour is ongoing along thc banks ofthe channel and
there is a lack of channel vegetation. The portion ofthc charmc1 in the Propcrty area and directly
downstream appears to suffer from a very high erosion rate. Water was flowing downstream at the
time of the survey with water depth averaging approximately four inches. Arroyo willow (Salix
lasiolcpis) and valley oak (Quercus lobata) are found along the active pOliion ofthe channel and up
to the top ofthe bank. Elderberry (Sambucus mcxicana) and coyote brush (Baccharispilularis) were
also obscrved as secondary species in the cOlTidor and werc the only understory components along
the channcL Several mature blue gum (Eucalyptus glo/mlus) occur on the top ofthc cast bank and
within the chamleL Fine gravel material and silt arc found in the bed of the Creek. \Vhcre Tassajara
Road crosses the Creek, a large cOITugated metal culvert transpOlis flows beneath the roadway.
Approximately 1,200 feet southwest from the Property, the tributary joins the main channel of
T assaj ara Creck.
Seep
Two seeps occur on intermittent drainage swale No.1 sllppOliingsalt grass (Distichlis spicata), spike
rush, and rabbit's foot grass (Pol)1Jogon mOl1speliensis). Associate plant species observed in the
seeps consisted ofMeditelTanean barley and Italian rye grass. Both features werc similar, exhibiting
comparable soils, hydrology and vegetation. Water was ohservcd to trickle from both seeps and
innundation and saturation was documented. Seep No.1 is located in the nOliheastem corner ofthe
property. Seep No.2 is located nOJih of the stock pond (Pond No. l) on thc west side ofthe swale.
Stock Pond
Stock pond No.1 has been constructcd at the tennination of Swale No.1 and No.2. This feature
is located at the easteI11 pOliion of the properiy. The pond is approximately 70 x 99 feet in size and
is approximately one to four feet deep. The vegetation within the pond consists of cmergent plants
such as water plantain (A Iisll1 a plantago-aquatica) and spike lUsh (Elcacharis lI1acrostachya). The
edges ofthe pond did not sllppOJi vegetation clue to the fluctuation in water levels that precluded the
gcmlination of seeds. A rock and concrete spillway was constmcted to allow water to sheet flow
aeross the site during stonn events.
15
Stock pond No. 2 is loeatcd along the east bank of thc tributary to Tassajara Creek in the
northwestern corner ofthc Propcrty. This pond was recreated in the spring of2001 and planted with
freshwater marsh and riparian species such as cattails (Tvpha latifolia), tlu.ee square (Scilpus
american us), arroyo willow, westem sycamore (Platanus racemosa), and cottonwood (Populus
Femontii). The pond is approximately 9,280 square feet (58' x 160') in size. Pond depths range ii-om
several inches along the edge of the pond to 13 feet deep near the center.
3.9 Endangered Species
The California red-legged frog (Rana aurora draytonii) and California tiger salamander (Amhystoma
californiense) have been identified as occurring within the b'Tasslands ofthe Property and within the
Tassajara Creek tributary cOlTidor. Surveys for both species have been perforn1ed by herpetologist
Mark Jennings. Information concerning the presence of these spccies has been included in thc
Biological Assessment prepared for this project. A request has been made to the U.S. Fish and
Wildlife Service for a list of potential status species that have the possibility of occUlTing within the
Project boundary (AttaelUllcnt 5).
In summary, the Califomia red-legged frog was detected in the tributary to Tassajara Creek, within
the eonstmcted pond on the cast side of the Creek and within the main body of Tassaj ara Creek
downstream. Cali fornia red-legged frogs arc known to use the site for breeding and foraging. It has
been determined that California red-legged frogs are highly likely to occur in the outfall area ofthe
Project site based on survey results. During eonstmction, a USFWS pennittcd biologist will be
prcsent dUllng all phases of construction to move any amphibians that could potentially occur.
Likewise, Califomia tiger salamanders are known to occur in thc constructed stock pond in the
eastem pOliion ofthe Propeliy. These amphibians use the stock pond for breeding and foraging and
thc adjacent uplands for acstivation habitat. During construction, a qualified biologist will be present
during initial site grading to move any salamanders encountered in the work area.
A detailed mitigation plan to protect and ]Jl:!"vent incidental "take" of both the Califomia red-legged
frog and California tiger salamand~1av2.been developed. The details regarding the on site
population, construction mitigation, andl50s~eonstruction habitat conservation are provided in the
Biological Assessment.
3.10 Consumptive Recreation
The Properiy is privately owned and used only for cattle grazing; and therefore, no impacts to
consumptive recreation will occur.
3.11 Non-consumptive Recreation
J~11pacts to non-consumptive recreation will not occur as a result ofthe development ofthe site.
l6
3.12 Uniqueness/Heritage
In response to cultural issues, as required under 33 CFR {j325, App. C, no previously recorded
prehistoric cultural materials arc assumed to occur on site. Mr. Hans Kreutzberg, Proj ect Review
Coordinator of the Office of Statc Historic Preservation has been contacted regarding this issue
(Attachment 5). A archeological field survey was perfonned in May 9{'2004 The results of this
survey resulted ii1.'{ negative finding for historic or cultural resources.' A copy of this report is
included as Attachment 6.
3.13 Ecological Integrity/Fragmentation
Devclopment ofthe site will occur adjacent to Tassajara Road, along which development has been
plalUJed and approved by tbe City of Dublin. The on-site development will include preservation of
44.3 acres of habitat that will remain availablc for use by the Califomia tiger salamander and
Califomia red-legged frog. Thc preserved grassland habitat will also be used by common wildlife
spccies includingraptors, rodelltand various other small bird specics. A cOITidorwill remain linking
thc grassland habitat with the tributary to Tassajara Creek. Lands adjacent to the known breeding
ponds ofthe special-status amphibians bas been preservcd and buffers protecting intrusion have been
implemented. The project will result in the development ofa portion oftbe Propeliy, but will not
result in the ecological hagmentation of the existing habitat. The development layout on thc
Properly has been planned to preserve lands such that those areas adjacent to existing habitat for the
special-status amphibians is accommodated.
17
ATTACHMENTS
FIGURE NO. 1.
REGIONAL MAP
ATTACHMENT NO.1
Figure No.1.
Figure No.2.
Figure No.3.
Figure No.4
Figure No.5.
Regional Map
Vicinity Map
USGS Quadrangle Map
Aerial Photograph
Mission Peak Development Site Plan
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FIGURE NO.5.
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ACREAGE SUMMAEI.Y
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S.6t ACRES OEVELOPEO 13157.) .
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SITE PLAN EXHIBIT
MISSION PE,lI,K PROPERTY --."OR' STANDARD PACII'IC HOME5
ALAMEDA COUNTY. CALI:"ORNIA
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RJensen --
'Azar &.. ASSOda:~~ pcu.s^,,';Lo<, CA ..",,~
~~"L><(o",~) ~~':~,~'; F~ I"") VH.>O<l
A TT ACHMENT NO.2
CORPS JURISDICTIONAL DELINEATION
VERIFICA TION LETTER AND MAP
DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKh STREET
SAN FRANCISCO, CALIFORNIA 94105.2197
Regulatory Bnmch
JUN 2 4 2003
Subject: File Number 27691 S
Mr. Jeff Olberding
Olberding Environmental, Inc.
4340 Almaden Expressway, Suite III
SaIl Jose, California 95l 18
Dear !'vir. Olberding:
Tharli< you for your submittal on behalf of Starldard Pacific Homes requesting confirmation
of the extent of Corps of Engineers jurisdiction at their Mission Peak property, 6847 Tassajara
Road, Alameda County, California
Enclosed is a map showing the extent and location of Corps of Engineers jurisdiction on
April 14,2003. We have based this jurisdictional delineation on the CUlTent conditions of the
site. A change in those conditions may also change the extent of our jurisdiction. This
jurisdictional delineation will expire in five years from the date of this letter. However, if there
has been a change in circumstances that affects thc extent of Coq)S jurisdiction, a revision lllay
be done before that date.
All proposed discharges of dredged or fill material into waters of the United States must
be authorized by the Corps of Engineers pursuant to Section 404 of the Clean Water Act (CW A)
(33 U.S.c. 1344) Waters of the United States generally include tidal waters, lakes, ponds,
rivers, streams (including intern1ittent streams), and wetlands.
If your proposed work is within our jUlisdiction a permit may be required. Application
for Corps authorization should be made to this office using the application form in the enclosed
pamphlet. To avoid delays it is essential that you enter the file number at the top of this letter
into Item No. 1. The application must include plans showing the location, extent and character
of the proposed activity, prepared in accordance with the requirements contained in this
pamphlet. You should note, in planning your work, that upon receipt of a properly completed
application and plans, it may be necessary to adveriise the proposed work by issuing a public
notice for a period of 30 days.
If an individual permit is required, it will be necessary for you to demonstrate to the
Corps that your proposed fill is necessary because there are no practicable alternatives, as
outlined in the US Environmental Protection Agency's Section 404(b)(1) Guidelines. A copy is
enclosed to aid you in preparation of this altemati ve analysis.
2
You are advised that the Corps has established an Administrative Appeal Process, as
described in 33 CFR Part 33l (65 FR 16,486; Mar. 28, 2000), and outlined in the enclosed
f]owchali and "Notification of Administrative Appeal Options, Process, and Request for Appeal"
form (NAO-RFA) If you do not intend to accept the approved jurisdictional detennination, you
may elect to provide new information to the District Engineer for reconsideration or submit a
completed NAO-RFA form to the Division Engineer to initiate the appeal process. You will
relinquish all rights to appeal, unless the Corps receives new information or a completed NAO-
RFA form within sixty (60) days of the date of the NAO-RFA.
If you have any questions, please call Bob Smith of our Regulatory Brar~ch at telephone
4l5-977-8450. All conespondence should reference tbe file number at
the head of this letter.
Sincere!\-_
, - '\.' , ,
~I ~ 'i. .1 L
t:::c[C:;z:t~1.. Ii, 7 '1 _
Sti
Calvin C. Fong
Chief, Regulatory Branch
Enclosure
Mi!;swuP.....kProptrt...!sulatedVletlandi'ulurcs
IS(llatedWetlud
FHtIlre
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Water
rom
holan,d
DnoinageSwale
S;!~"::"e A= \'1:ctatlon
3,Q20 C C9 S<oep '" 1
23,522 0 5< Seen Nn 2
6 "30 0 " Pond '"
9,380 22 Pond '" 2
43752 1 01
~end:
_____ l'n'pert) Boo'<<!.>l'1'
M'"m'IlD Peak Property Other Walen
~D.:r A';~;fe Aer~ Description
~
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m
1, ~6a
047
East Fork Tassa]ara
C::eek
l'
1,460
'"
Mi~sloll Peak Proper!) Tsobted Dnllnllge S.."Jes
L~= A;~~ci:e Acre<i ~nption
0 04 Is~~ated D:::-a_nage
156 11 Swa-\e No 1
0 DO Isolated Dralnage
273 11 Swale No 2
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St.."darll Pacific Hom<>s
Miss;o" Pe"'kProperty
Alameda Cou"I~, CA
r"'"",
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',1'..Jensen -
:'. 'Azar &. Associates "M
, ^ ~e90 CH"9DT ~VE SUI;! 200 ,PLEAS/>JITON. c,o.. 9
_~./ P>lClN(; (925) 227_;1'00' r"X: (9:l.S) 217-9X>0
MISSION PEAK
PROPERTY
SECTION 404 JURISDICTION MAP
PREPARED BY: OLBERDING ENVIRONMENTAL. INC.
I.
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~ Waters of tho US subj<>c.to
~$"CbO"404of"""CI..a-"W""_ACI
DUBLIN, CALIFORNIA
Fil,,"'o.:Z769'$
JOEl NO.: 83;0',7
Datrilopnl'4,ZD03
DATE: APRIL 15. 2003
ATTACHMENT NO.3
APPLICANT'S RESPONSE
COMPLIANCE WITH CONDITIONS
FOR APPROVAL
OF A DEPARTMENT OF THE ARMY
NATIONWIDE PERMIT
ATTACHMENT NO.3
APPLICANT'S RESPONSE
COMPLIANCE WITH CONDITIONS FOR APPROVAL
OF A DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
A. NATIONWIDE PERMIT GENERAL CONDITIONS. The following general conditions
must be followed in order for any authOlization by an NWP to be valid:
L Navi!!ation. No activity may cause lllore than a minimal adverse effect on navigation.
The tributary to Tassajara Creek is not considered to be a navigable water by the Corps of
Engineers, there wonld bc no impacts to navigation.
2. Proper Maintenance. Any structure or fill authOlized shall bc properly maintained, including
maintenance to cnsure public safety.
The applicant will comply with this condition. The ontfall strnctnre to the Tassajara Creek
tribntary will be properly maintained ovcr the Iifc of the Project in accordancc with local,
connty, state and fcderal requirements.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil and
other fills, as well as any work below the ordinary high water lllark or high tide line, must be
pemlanent]y stabilized at the earliest practicable date.
The applicant will comply with this condition. To prevent erosion and siltation from
occnlTing during construction, the Projcct would be constructed in accordance with an
erosion control plan and grading plan conditions dcveloped for the Project. Thc piau will
also designate best management practices that will be implemented during construction.
As rcqnired, additional measures could include installing silt fcnccs, hay bales, water" bars,
and/or gronnd covers, to control erosion. The Project would be constructed dnring the dry
period of the year and reduce the potential for siltation or erosion problems. Stabilization
measurcs may include mnlehing and resceding following construction.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those
species of aquatic life indigenous to the waterbody, including those species which nomlally
migrate through thc area, unless thc activity's primary pUl1Jose is to impound water. Culvcrts
placed in streams must be installed to maintain low flow conditions.
The activity will not substantially disrnpt the movement of those species of aquatic life
indigenous to the water bodies. Construction ofthe outfall strncture will oecnr during the
dry portion of the year when water levels within the channel are well below the OHW line.
-l-
The impact to 0.001 acres just below the OH\V linc will occur whcn the low flow chanuel
rccedes to several fcet below this Icvcl and will not affect aquatic resources.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
Heavy equipment will be necessary to construct the concrete outfall structnre. All
eqnipment will be operated f,.om the top of the bank to avoid related impacts to the Creek
channel. Sheet piling will be installed prior to the excavation of the bank. The placement
of the piling will allow for the excavation of earthen materials without overspill into the
channel.
6. Re2ional and Case-By-Case Conditions. The activity must comply with any regional
conditions which lllay have been added by the division engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality celiification and Coastal Zone Management Act consistency determination.
Rcview of cnrrent information indicates that there have been no regional conditions
added.
7. \Vild and Scenic Rivers. No activity lllay occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate Federal
agency, with direct management responsibility for such river, has determined in writing that the
proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Infol1l1ation on Wild and Scenic Rivers may be obtained from thc appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
Review of maps indicates that there are no components of the National \Vild and Scenic
River System within the Project area.
8. Tribal Ri2hts. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reservcd water rights and treaty fishing and hunting rights.
This activity will not impair reserved tribal rights beeanse no reserved tribal rights exist in
the Project area.
9. Water Quality.
(a) III celiain States and tribal lands an individual 401 water quality certification must be
obtained or waived (See 33 CFR 330.4(c)).
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(b) For NWPs 12, l4, l7, l8, 32, 39, 40, 42, 43, and 44, where tbe State or tlibal401
celiification (either generically or individually) does not requirc or approve a water quality
managcment plan, the pcnnittee must include design criteria and techniques tbat will
cnsure that the authorized work does not result in more than minimal degradation of water
quality. An important component of a water quality management plan includes stormwater
management that minimizes degradation of the downstream aquatic system, including
water quality. Refer to General Condition 21 for stOl1l1water managemcnt reqnirements.
Anotber impOliant component of a water quality management plan is the cstablishment
and maintenance of vegetated buffers next to open waters, including streams. Refer to
General Condition 19 for vcgetated buffer requirements for the NWPs.
'Vater quality eertification has been applied for with the San Franciseo
Regional Water Quality Control Board. An application bas been forwarded
to the Regional Board conClIrrent with this submittal.
10. Coastal Zone Mana2:ement. In celiain states, an individual state coastal zone management
consistency concun'ence must be obtained or waivcd (see Section 330.4(d)).
The Project site is not snbjcct to coastal zone management.
11. Endan!!ered Species.
(a) No activity is authorized under any NWP which is Ijkely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such desi;'11ation,
as identified under the Federal Endangered Species Act, or which will destroy or adversely
modifY the critical habitat of such spccies. Non-fedcral pel1l1ittees shall notifY the District
Engineer if any listed species or desi;ry1ated critical habitat might be affected or is in the
vicinity oftbe Project, or is located in the designated critical habitat and sball not begin
work on the activity until notified by the District Engineer that the requirements of the
Endangered Spccies Act have been satisfied and that the activity is authOlized. For
activities that may affect Federally-listed endangered or tbTeatened species or designated
critical habitat, the notification must include the name(s) ofthe endangered or threatened
spccies that may be affected by the proposed work or that utilize the designated clitical
habitat that may be affected by the proposed work. As a result of fonnal or infol1l1al
consultation with the FWS or NMFS, the District Engineer may add species-specific
regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a nationwide pel1l1it does not autholize the' 'take" of a
tlrreatened or endangered species as defined under the Federal Endangcrcd Species Act. In
the absence of separate authOlization (e.g., an ESA Section 10 Pennit, a Biological
Opinion with . 'incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or
the National Marine Fisheries Service, both lethal and non-lethal "takes" ofprotected
species are in violation of the Endangered Species Act. InfOl1l1ation on the location of
tbreatened and endangered species and their critical habitat can be obtained directly from
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the offices ofthe U.S. Fish and Wildlife Service and National Maline FisheIies Service or
their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and
http://www .nfms. gov /prot_res/esahome.html, respectively.
The U.S. Fish and Wildlife Service has been contacted regarding potential
Project impacts to special-status species (Attachment 5). California red-
legged frog and California tiger salamander have been identified as occurring
within the Project area. Measures to protect both amphibians have been
developed and will be implemented during construction.
12. Historic Propel.ties. No activity which may affect historic propeliies listed, or eligible for
listing, in the National Register of Historic Places is authOlized, until the DE has complied with
the provisions of 33 CFR part 325, Appendix C. The prospective pennittee must notify the
District Engineer if the authorized activity may affect any historic properties listed, detel1l1ined to
be eligible, or which the prospective pennittce has reason to believe may be eligible for listing on
the National Rcgister of Historic Places, and shall not begin the activity until notified by the
District Engineer that the requirements of the National Historic Preservation Act have been
satisfied and that the activity is authorized. Infol1l1ation on the location and existence ofhistoric
resources can be obtained from the State Historic Preservation Office and the National Register of
Historic Places (see 33 CFR 330.4(g)). For activities that may affect histoIic properties listed in,
or eligible for listing in, the National Register of Historic Places, the notification must state which
historic property may be affected by the proposed work or include a vicinity map indicating the
location of tbe historic property.
In response to cultural issues, as required under 33 CFR ~32S, App. C, no previously
recorded prehistoric cultural materials are assumed to occur on site. Me Hans
Kreutzberg, Project Review Coordinator of the Office of State Histor-ic Preservation
has been contactcd rcgarding this issue (Attachment 5).
13. Notification.
(a) Timing: Wherc required by the tenns of the NWP, the prospective permittee must
notify thc District Engincer with a preconstruction notification (PCN) as early as possible.
The District Enginecr must detennine ifthe PCN is complete within 30 days of the date of
receipt and can request the additional infonnation necessary to make the PCN complete
only once. However, ifthe prospective pennittee docs not provide all of the requested
information, then the District Engineer will notify the prospective permittee that the PCN
is still incomplete and the PCN review process will not commence until all ofthe
requested infol1l1ation has been received by the DistIict Engineer. The prospective
permittee shall not begin the activity:
(I) Until notified in wliting by the DistIict Engineer that the activity may proceed
under the NWP with any special conditions imposed by the DistIict or Division
Engineer; or
-4.
(2) If notified in writing by the District or Division Engineer that an individual
permit is required; or
(3) Unless 45 days have passed fi.om the Distlict Engineer's receipt of the complete
notification and the prospective pel1l1ittee has not received wlitten notice from thc
District or Division Engincer. Subsequently, the pel1l1ittee's right to procced under
the NWP may be modified, suspended, or revoked only in accordancc with the
procedurc set fOlih in 33 CFR 330.5(d)(2).
The applicant has prepared a complete Pre-Construction Notification.
This material is being submitted to the Corps for review.
(b) Contents of Notification: The notification must be in writing and include the
following infollllation:
(I) Name, address, and telephone numbers ofthc prospective pCl1l1ittee;
(2) Location of the proposed Project;
(3) Brief description of the proposcd Project; the Project's pUl1)OSC; direct and
indirect adversc environmental effects thc Project would cause; any other NWP(s),
regional general penl1it(s), or individual pemlit(s) used or intended to bc used to
authorize any pali of the proposcd Project or any related activity; and
(4) For NWPs 7, 12, 14, 18,21,34,38,39,40,41,42, and 43, the PCN must also
include a delineation of affected special aquatic sitcs, including wetlands,
vegetatcd shallows (e.g., submerged aquatic vegctation, seagrass beds), and riffle
and pool complexes (sce paragraph 13(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must includc
infollllation regarding thc original dcsign capacities and configurations oflhose
areas ofthe facility where maintenance dredging or cxcavation is proposed.
(6) For NWP 14, Linear Transportation Crossings, the PCN must include a
compensatory mitigation proposal to offset pel1l1anent losses of waters ofthc
United States and a statement describing how temporary losscs ofwatcrs ofthe
United States will be minimized to the maximum cxtent practicable.
(7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office
of Surfacc Mining (OSM) or state-approved mitigation plan.
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(8) For NWP 27, Stream and Wetland Restoration, the PCN must include
documentation ofthe prior condition of the site that will be revcrtcd by the
pelll1ittee.
(9) For NWP 29, Single-Family Housing, the PCN must also include:
(i) Any past use ofthis NWP by thc individual pennittec and/or the
pCl1l1ittee's spouse;
(ii) A statemcnt that the single-family housing activity is for a personal
residence of the pcnnittee;
(iii) A description ofthe cntire parcel, including its size, and a delincation
of wetlands. For the purpose of this NWP, parcels ofland measuring \114\
acre or less will not require a formal on-site delineation. However, the
applicant shall provide an indication of where the wetlands arc and the
amount of wetlands that exists on the proper1y. For parcels greatcr than
\1/4\ acre in size, a formal wetland delineation must be prcpared in
accordance with the CUITent method required by the Corps. (See paragraph
13(f));
(iv) A written descliption of all land (including, i[available, legal
descriptions) owncd by the prospective pel1l1ittee and/or the prospcctive
permittec's spouse, within a one mile radius ofthe parcel, in any fOl1l1 of
ownership (including any land owned as a partner, corporation, joint tenant,
co-tcnant, or as a tenant-by-the-entirety) and any land on which a purchase
and sale agreement or other contract for sale or purchase has been executed;
(10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective
pClTl1ittee must either notify the District Engineer with a PCN Plior to each
maintenance activity or submit a five year (or less) maintcnance plan. 111 addition,
thePCN must include all oftbe following:
(i) Sufficicnt baseline infol1l1ation so as to identify the approved channel
depths and configurations and existing facilities. Minor deviations are
authorized, provided the approved flood control protection or drainage is
not increased;
(ii) A delineation of any affect cd special aquatic sitcs, including wetlands;
and,
(iii) Location of the dredged material disposal site.
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(ll) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN
must also include a restoration plan ofreasonab1c measures to avoid and minimize
adverse effects to aquatic resources.
(12) For NWPs 39, 43, and 44, the PCN must also include a written statement to
the District Engineer explaining how avoidance and minimization of losses of
waters of the United States were achieved on thc Project site.
(13) For NWP 39, Residential, Commcrcial, and Institutional Devclopments, and
NWP 42, Recreational Facilities, the PCN must include a compensatory mitigation
proposal that off.sets unavoidable losses of waters ofthe United States or
justification explaining why compensatory mitigation should not be required.
(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, StoDmvater Management Facilities, the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in
accordance with State and local requirements, if applicable) and a compensatory
mitigation proposal to offset losses of waters of the United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all
waters of the United States adversely affected by the Project, a descliption of
measures taken to minimize adverse effects to waters of the United States, a
dcscliption ofllleasurcs taken to comply with the critelia of the NWP, and a
reclamation plan (for aggregate mining activities in isolated waters and non-tidal
wetlands adjacent to headwaters and any hard rock/mineral mining activities).
(l 7) For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or
threatened species that may be affected by the proposed work or utilize the
designated critical habitat that may be affected by the proposed work.
(18) For activities that may affcct historic propeliies listed in, or eligible for listing
in, the National Register of HistOlic Places, the PCN must state which histOlic
propeliy may be affected by the proposed work or include a vicinity map indicating
the location of the historic property.
(19) For N\VPs l2, 14,29,39,40,42,43, and 44, where the proposed work
involves dischargcs of dredged or fill material into watcrs ofthe United States
resulting in pem1anent, above-grade fills within 100-year floodplains (as identitlcd
on FEMA's Flood IJlsurance Rate Maps or FEMA-approved local floodplain
maps), the notification must include documentation demonstrating that the
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proposed work complies with the appropriate FEMA or FEMA-approvedlocal
floodplain constmetion requirements.
The applicant has prcpar.cd a completc Pre-Construction Notification. This
material is being snbmitted to thc Corps for review. Compensatory
mitigation propos cd for the Project includcs construction of an amphibian
brecding pond, cattle exclusion from the Creek corridor, buffer zones,
restoration of riparian habitat, and permanent amphibian exclnsion fencing.
The breeding pond construction and riparian restoration shall offset
unavoidable losses of waters of the United States (0.001 acres).
;(,
(c) Form of Notification: Thc standard individual pennit application fom1 (Fonn ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must
include all of the infolmation required in (b) (1)-(19) of General Condition 13. A Jetter
containing the requisite infol1l1ation may also be used.
The applicant has chosen to provide information to the Corps using Form
ENG 4345 (see Section 2.1 of application materials).
(d) District Engineer-'s Decision: In reviewing the PCN for the proposed activity, the
District Engineer will detennine whether the activity authOlized by the NWP will result in
more than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective pennittee may, optionally, submit a
proposed mitigation plan with the PCN to expedite the process and the District Engineer
will consider any proposed compensatory mitigation the applicant has included in the
proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer detennines that
the activity complies with the tClms and conditions of the NWP and that the adverse
effects on the aquatic environment arc minimal, the District Engineer will notify the
pel1l1ittee and include any conditions the District Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective pem1ittee is required to submit a compensatory
mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days ofrcceiving a complete PCN
and detennine whether the conceptual or specific proposed mitigation would ensure no
more than minimal adverse effects on the aquatic environment. Ifthe net adverse effects of
the Project on the aquatic environment (after consideration of the compensatory mitigation
proposal) are detel1l1ined by the District Engineer to be minimal, the District Engineer will
provide a timely wlitten response to the applicant stating that the Project can proceed
under the tel1l1S and conditions ofthe nationwide pem1it.
-8-
Ifthe DistIict Engineer detennines tbat the adverse effects of the proposed work are more
than minimal, then he will notify the applicant either: (I) That the Project does not qualify
for authorization under the NWP and instmct the applicant on the procedures to seek
authoIization under an individual pennit; (2) tbat the Project is authorized under the NWP
subject to the applicant's submission of a mitigation proposal that would reduce the
adverse effects on the aquatic environment to the minimal level; or (3) that the Project is
authorized under the NWP with specific modifications or conditions. Where the District
Engineer dete11l1ines that mitigation is required in order to ensure no more than minimal
adverse effects on the aquatic environment, the activity will be authorized within the
45-day PCN period, including the necessary conceptual or specific mitigation or a
requirement that the applicant submit a mitigation proposal that would reduce the adverse
effects on the aquatic environment to the minimal level. When conceptual mitigation is
included, or a mitigation plan is required under item (2) above, no work in waters of the
United Statcs will occur until the District Engineer has approved a specific mitigation
plan.
The applicant will comply with this condition through the restoration of site
impacts and implementation of the mitigation monitoring plan submitted as a
separate attachment.
(e) Agency Coordination: The District Enginccr will consider any comments fi.Olll
Federal and State agencies conce11ling the proposed activity's compbance with the tenns
and conditions of the NWPs and the need for mitigation to reduce the Project's adverse
effects on the aquatic environment to a minimal level.
For activities requiring notification to the DistIict Engineer that result in tbe loss of greater
than \1/2\ acre of waters of the United States, the District Engineer will, upon receipt of a
notification, provide immediately (e.g., via facsimile transmission, ove11light mail, or other
expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service,
State natura] resource or water quality agency, EP A, State Historic Preservation Officer
(SHPO), and, if appropIiate, the National Maline Fisheries Service. With the exception of
N\VP 37, these agencies will then have 10 calendar days hom the date the Illaterial is
transmitted to telephone or fax the District Engineer notice that they intend to provide
substantive, site-specific comments. If so contacted by an agency, the District Engineer
will wait an additional IS calendar days before making a decision on tbe notification. The
District Engineer will fully consider agency comments received within the specified time
frame, but will provide no response to the resource agency, except as provided below. Thc
District Engineer will indicate in the administrative record associated with each
notification that the resource agencies' conee11lS wcre considered. As required by Section
305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the
District Engincer will provide a response to National Maline FisheIies Service within 30
days ofreceipt of any Esscntial Fish Habitat conservation recommendations. Applicants
arc encouragcd to provide the COl1)S multiple copies of notifications to expedite agency
notification.
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The applicant will submit the appropriate number of Pre-Construction
Notification copies to the Corps for distribution.
(t) Wetlands Delineations: Wetland delineations must be prepared in accordance with
the current method required by thc Corps. For NWP 29 see paragraph (b )(9)(iii) for parcels
less than \1/4\ acre in size. The permittee may ask the Corps to delineate the special
aquatic site. Thcre may be some delay ifthe Corps does the delineation. FUI1hennore, the
45-day period will not stali until the wetland dclineation has been completed and
submitted to the COlVS, where appropriate.
An evaluation of the geographic extent of wetlands and other 'Vaters of the
U.S. potentially under Corps jurisdiction was made within the proposed
Project site by Olberding Environmental, Inc. February 2003. A
jurisdictional delineatiou has beeu submitted and verified by the Corps, and is .
included as Attachment 2. Based on information gathered at the site, it was
determined that 0.47 acres of jurisdictional waters occur within the Property
area and 0.001 acres will be pcrmanently impacted by this Project. Table No.
1 of Section 2.2 lists the impact.
14. Compliance Certification. Every pennittee who has received a Nationwide pennit
verification from the COlVS will submit a si.l,'11ed cel1ification regarding the completed work and
any required mitigation. The ceI1i fication will bc forwarded by the COlVS with the authOlization
letter. The certification will include:
(a) A statement that the authorized work was done in accordance with the COlVS
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the penl1it
conditions; and
(c) The signature of the penl1ittee certifying the completion of the work and mitigaticlIl.
Once the Project is complete, a signed certification regarding the completed
work and any required mitigation will be submitted to the Corps.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete Project is prohibited, except when the acreage loss of waters of the United States
authOlized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with
associated bank stabilization authorized by NWP l3, the maximum acreage loss of waters of the
United States for the total Project calUlot excecd \113\ acre.
The applicant is currently seeking verification of one US Army Corps of Engineers.
Nationwide Pennit No.7 (Outfall Structures and Maintenance). Project construction
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will result in permanent impacts to 0.001 acres of jurisdictional waters/wctlauds.
NWP 7 allows up to 1/2 acre of fill in non-tidal waters.
16. 'Vater Supply Intakes. No activity, including stmctures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public
water supply intake except where the activity is for rcpair of the public water supply intake
stmctures or adjacent bank stabilization.
No discharge will occur in the proximity of a public water supply intake.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United
States or discharges of drcdged or fillmatelial, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a she11fish harvesting activity authorized by
NWP4.
There are no areas of coucentrated shellfish in or near the Project.
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fi11matelial, may consist ofunsuitahle material (e.g.,
trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must bc
free from toxic pollutants in toxic amounts (sce Scction 307 ofthe Clean Watcr Act).
The applicant will comply with this condition. Suitable clean fill material will be
utilized by the contractor. These materials would uot contain toxic pollutants, and
they would he free from trash and debris.
19. Mitization. The Project must be designed and constructed to avoid and minimize adverse
effects to waters ofthe United States to the maximum extent practicable at the Project site (i.e., on
site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic
environment arc minimaL The District Engincer will consider the factors discusscd below when
detel1l1ining the acceptability of appropriate and practicable mitigation necessary to offset adverse
effects on the aquatic environment that are more than minimal.
(a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland
impacts requiring a PCN. Consistent with National policy, the District Engineer wi11
establish a preference for restoration of wetlands to llleet the minimum compensatory
mitigation ratio, with preservation used only in exceptional circumstances.
(b) To be practicable, the mitigation must be availabJc and capable of being done
considering costs, existing teclmology, and logistics in light of the overall Project
pUl1Joses. Examples of mitigation that may be appropriate and practicable include, but arc
not limited to: reducing the size of the Project; establishing and maintaining wetland or
upland vegetated buffers to protect open waters such as streams; and replacing losses of
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aquatic resource functions and values by creating, restoring, enhancing, or preserving
similar functions and values, preferably in the same watershed;
(c) The District Engineer will require restoration, creation, enhancement, or preservation
of other aquatic resources in order to offset the authorized impacts to the extent necessary
to ensure that the adverse effects on the aquatic environment are minimal. An imp0l1ant
element of arlY eompensatolY mitigation plan for Projects in or near streams or other open
waters is the establishment and maintenance, to the maximum extent practicable, of
vegetated buffers next to open waters on the Project site. The vegetated buffer should
consist of native species. The Distliet Engineer will detemline the appropriate width of the
vegetated buffer and in which cases it will be required. Nonnally, the vegetated buffer will
be 25 to 50 feet wide on each side ofthe stream, but the Distlict Engineer may require
wider vegetated buffers to address documented water quality concems. Ifthere are opell
waters on the Project site and the DistJict Engineer rcquires compensatory mitigation for
wetland impacts to ensure that the net adverse effects on the aquatic environment are
minimal, any vegetated buffer will comprise no more than \1/3\ ofthe remaining
compensatOlY mitigation acreage after the pennanently filled wetlands have been replaced
on a one-to-one acreage basis. In addition, compensatOlY mitigation must address adverse
effects on wetland functions and values and cannot be used to offset the acreage of
wetland losses that would occur in order to meet the acreage limits of some of the NWPs
(e.g., for NlVP 39, \1/4\ acre of wetlands cannot be created to change a \1/2\ acre loss of
wetlands to a \1/4\ acre loss; however, \1/2\ acre of created wetlallds can be used to reduce
the impacts of a \1/3\ acre loss of wetlands). Ifthe prospective pennittee is required to
submit a compcnsatOlY mitigation proposal with the PCN, the proposal may be either
conceptual or detailed.
(d) To the extent appropriate, pennittees should consider mitigation banking and other
appropllate fonns of compensatOlY mitigation. If the District Engineer detelmines that
compensatory mitigation is necessary to offset losses of waters of the United States and
ensure that the net adverse effects of the authOllzed work on the aquatic enviromnent are
minimal, consolidated mitigation approaches, such as mitigation banks, will be the
prefened method of providing compensatory mitigation,. unless the District Engineer
detellllines that activity-specific compensatory mitigation is more appropliate, based on
which is best for the aquatic environment. These types of mitigation are prefelTed because
they involve larger blocks of protected aquatic environment, are more likely to meet the
mitigation goals, and are more easily checked for compliance. If a mitigation bank or other
consolidated mitigation approach is not available in the watershed, the District Engineer
will consider other appropriate forms of compensatOlY mitigation to offset the losses of
waters of the United States to ensure that the net adverse effects of the authorized work on
the aquatic environlllent are minimal.
Mitigation has been proposed to offset 0.001 acres of permanent impacts to
Creek channel habitat. On-site mitigation consists of construction of settling
basins aud an amphibian breeding pond. Approximately 0.14 acres of
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jurisdictional wetlands will be constructed within the water quality basin.
Also, approximately 6.5 acres of riparian restoration will be iucluded to
provide special-status species habitat and additional shading on the channel.
A total of 6.64 acres of habitat will be enhanced/created as a result of the
Project.
20. Spawning Areas. Activities, including structures and work in navigable watcrs ofthe Unitcd
States or discharges of dredged or fill material, in spawning areas during spawning seasons must
be avoided to the maximum cxtent practicable. Activities that result in the physical destlllction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an impOliant spawning
area are not authorized.
The Project sitc does not contain habitat that could be utilized for spawning
anadromous fish species.
21. Management of 'Vater Flows. To the maximnm extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Flnihemlore, the activity must not permanently rcstrict or impede the passage of
normal or expected high flows (unless the Plimary purpose ofthe fill is to impound watcrs) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining exccss flows from the site,
provide for maintaining surface flow rates fTom the site similar to preconstlllction conditions, and
must not increase water flows from the Project site, relocate watcr, or redirect water flow beyond
preconstruction conditions. In addition, thc activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream ofthe Project site,
unless the activity is pari of a larger system designed to manage water flows.
The applicant will comply with this condition through the construction techniques
proposed.
22. Adverse Effects From ImDoundments. If the activity, including stlllctures and work in
navigable watcrs of the United States or discharge of dredgcd or fill material, creates an
impoundment of water, adverse effects on the aquatic system caused by the accelerated passagc
ofwatcr ancl/or the restriction of its flow shall be minimized to the maximum extcnt practicable.
Flows in the channel would not bc impoundcd due to the low Icvel of flow during
construction. The impact area occurs above thc low flow water channel and
construction of the outfall structure will not result in the impoundment of any water
within the chauncL
23. 'Vaterfowl Brceding Areas. Activities, including stlllctures and work innavigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
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No breeding areas for migratory waterfowl will be impacted.
24. Removal of Temporarv Fills. Any temporary fills must be removed in their entirety and the
affected areas retumcd to their preexisting elevation.
The applicant will comply with this condition.
25. Deshmated Critical Resource Waters. Critical resource waters include, NOAA-designated
lllaJine sanctualies, National Estuarine Research Rcserves, National Wild and Scenic Rivers,
critical habitat for Federally listed threatened and endangered species, coral reefs, State natural
heritage sites, and outstanding national resource waters or other waters officially designated by a
State as having particular environmental or ecological significancc and identified by the District
Engineer after notice and opportunity for public comment. The District Engineer may also
designate additional critical resource waters after notice and opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters ofthe United
States are not authorized by NWPs 7, 12, 14, 16, l7, 21, 29, 31, 35, 39, 40, 42, 43, and 44
for any activity within, or directly affecting, clitical resource waters, including wetlands
adjacent to such waters. Discharges of dredged or fill materials into waters of the United
States may be authorized by the above NWPs in National Wild and Scenic Rivers ifthe
activity complies with General Condition 7. FUliher, such discharges may be autholized in
designated critical habitat for Federally listed threatened or endangered species ifthe
activity complies with General Condition I 1 and the US. Fish and Wildlife Service or the
National Marinc Fisheries Service has concurred in a detellllination of compliance with
this condition.
(b) For NWPs 3,8,10,13,15,18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed
in the designated critical resource waters including wetlands adj acent to those waters. The
District Enginecr may authorize activities under these NWPs only after hc determines that
the impacts to the critical resource waters will he no more than minimal.
In compliance with General Condition 11; the U.S. Fish and Wildlife Service
has been contacted regarding potential Project impacts to special-status
species (Attachment 5). A special-status species Biological Assessment report
is included as a separate document.
26. Fills WithinlOO-YeaJ" Floodplains. For pUlvoses of this general condition, 100-year
floodplains will be identified thTOugh the Federal Emergency Management Agency's (FEMA)
Flood Insurance Rate Maps or FEMA-approvedlocal floodplain maps.
(a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of
the United States resulting in pemlanent, above-grade fills within the 100-year floodplain
at or below the point on a stream where the average mmual flow is five cubic feet per
-14-
second (i.e., below hcadwaters) are not autborized by NWPs 29, 39, 40, 42, 43, and 44.
For NWPs 12 andl4, thc prospective pC11l1iUee must notify the District Engineer in
accordance with Gencral Condition l3 and the notification must include documentation
that any pe11l1anent, above-grade fills in waters of the United States within the 100-year
floodplain bclow headwaters comply with FEMA or FEMA-approved local floodplain
construction requirements.
(b) Discharges in Headwaters (i.e., above the point on a stream where the avcrage annual
flow is five cubic feet per second).
(l) Flood Fringe. Discharges of dredged or fill material into watcrs ofthe Unitcd
States rcsulting in permanent, above-grade fills within the flood fringe of the
1 OO-year floodplain of headwaters are not authorized by NWPs 12, 14,29, 39, 40,
42,43, and 44, unless the prospective pellllittec notifies the District Engineer in
accordance with General Condition 13. The notification must include
documcntation that such discharges comply with FEMA or FEMA-approved local
floodplain construction requirements.
(2) Floodwav. Discharges of dredged or fill matclial into waters of the United
States resulting in pC11l1anent, ahove-grade fills within the floodway of the
1 OO-year floodplain of headwaters arc not authorized by NWPs 29, 39, 40, 42, 43,
and 44. For NWPs l2 and 14, the permittee must notify tbe District Engineer in
accordance with General Condition 13 and the notification must include
documcntation that any pel1llanent, above gradc fills proposed in the floodway
comply with FEMA or FEMA-approved local floodplain construction
rcquirements.
The applicant will comply with this condition.
27. Construction Period. For activities that have not been vClified by tbe Corps and the Project
was commenced or under contract to commencement by the expiration date of the N\VP (or
modification ofrevocation date), tbe work must be complcted within l2-months after such date
(including and modifications that affects the Project). For activities that have been vClified and
the Project was commenccd or under contract to commence within the verificd period, the work
must be completed by the date dete11l1ined by tbe Corps. For Projects that been verified by the
Corps, an extension of a Corps approved completion date maybe requested. This request must be
submitted at least one month before the previously approved completion date.
The applicant will comply with this condition.
ATTACHMENT NO.4
ATTACHMENT NO. 4APPLICABILITY OF THE 21 PUBLIC INTEREST
FACTORS LISTED IN 33 CFR 325.3 (c)(I) TO THE
MISSION PEAK DEVELOPMENT PROJECT
Applicability of the 21 Public Intcrest Factors listed iu 33 CFR 325.3 (c) (1) to the
Mission Pcak Development Project.
Publie Interest Factor Project Impact
]. Conservation Impacts associated with the Project wonld bc minimized
by underiaking construction during the late summer and
early fall. Equipment mobilization will bc minimized by
restricting and limiting route areas within the Project
boundary. Conscrvation oflands includes a 1.9: 1
mitigation ratio for preserved grassland to the development
area. (44.3 acres preserved:23.5 acres developed)
2. ECOn0111ics The Project is intendcd to have an economic benefit that
outweighs its environmental impacts. The benefit is to
meet the housing demands of the City of Dublin.
3. Acsthctics Construction and grading activities required to implemcnt
the Project wonld not result in adverse impacts to the
area's aesthetic quality. The riparian area will be enhanced
after Project implementation and native vegetation will be
used thus improving the aesthetic nature of the riparian
cOlTi dol.
4. General environmental Environmental concems include the minimization of
concen1S disturbance to wildlife specics and habitat during
construction. However, these impacts will be mitigated
through best management practices. Special-status
amphibians will be protected by buffers, pennanent banier
walls, and biological monitoling.
5. Wetlands Pennanent impacts would occur to 0.001 acres of other
waters to install the outfall structure. Mitigation measures
include the creation of approximately 0.14 acrcs of
wetlands in association with the water quality basin.
6. Historic properties In response to cultural issues, as required under 33 CFR
fi325, App. C, no prchistoric or cultural materials arc
expected to occur within the Project boundary.
Applicability of tbe 21 Public Interest Factors listed in 33 CFR 325.3 (c) (1) to the
Mission Peak Development Project.
7. Fish and wildli fe values No net loss of fish habitat will occur during project
implementation. Wildlife habitat will be decreased in the
area by 23.5 acres. The project is scheduled to occur
during the driest pOliion of the year when flows in the
channel are at their lowest. With the use of best
management practices, impacts to fish and wildlife will be
minimized.
8 Flood hazards The proposed Project would not increase flood hazards.
9 Floodplain values Implementation of the proposed Proj ect would not alter the
CUlTent floodplain values.
10. Land use Jurisdictional areas within the Project site are cUlTently
used as open spacc. A total of23.5 acres ofthe site will be
convelied from open space/grazing uses to residential
subdivision.
1]. Navigation The proposed Project would not have an impact on
navigation. The tributary to Tassajal:a Crcek channel is not
considered to be navigable.
12. Shoreline erosion and No impacts will occur to shoreline areas.
accretion
13. Recreation No impacts to recreation will occur due to project
implementation.
14. Water supply and This Project will not impact water supply or conservation
conservation measures eUlTently in place.
15. Water quality Impacts to water quality potentially include temporary and
minor increases in sedimentation and turbidity during
implementation of proposed Project. These impacts will be
minimized by constructing the Project during the dryer
summer months and use of erosion control measures.
Water quality will be maintained after construction by the
use of sediment detention basins which will filter
stormwater prior to it's entering the tributary to Tassajara
Creek.
16. Energy needs The proposed Project will result in an increase in energy
needs [or the subdivision development site. The increase
in home sites will increase the energy needs of the region.
Applicability of the 21 Public Iuterest Factors listed in 33 CFR 325.3 (c) (1) to the
Mission Peak Development Project.
l7. Safety The proposed Project will not have an effect of safety.
l8 Food and fiber production N/A
19. Mineral needs N/A
20. Propeliy ownership N/A
21. General needs and welfare of The proposed Project will provide housing for residents of
the people tbe City of Dublin, whic1~,;;.lrom a shortage of home
sites at thc CUlTcnt time.
ATTACHMENT NO.5
AGENCY COORDINATION LETTERS
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulation and Permitting
July 6, 2004
Mr. HalTY Mossman
U.S. Fish and Wildlife Services
Ecological Field Officc
2800 College Way, Room W-2605
Sacramento, CA 95825-1846
Subject:
Mission Peak Development Project
Dear Mr. Mossman:
1 am cUlTently processing a Pre-construction Notification for a U.S. Army Corps of Engineers
(Corps) Nationwide Permit. As required by the Corps, I am writing to you to request your
commcnts regarding endangered species which may be affected by our proposed proj ect, the
Mission Peak Development Project, located in Alameda County, Califomia. I am also writing to
request a list of endangered/special status species for the project site.
The Mission Peak Property is located on the east side ofTassajara Road, north ofthc City of
Dublin. The Property is found approximately 2.5 miles north of the Highway 580 and Tassajara
Road interchange. The site is situated at the first bend in the road way wheFe it curves cast to
cross over the Tassajara Creek tributary. The Propcrty is located in Alameda County, just south
of the Contra Costa/Alameda County line.
The Mission Peak Projcct consists of the subdivision of approximately 23.5 acres of land with
residential units and the conservation of 44.3 acres of land as pcrnlanent open space within the
67.8 acre site. Homc construction and grading will occur on the southwestern side of the site.
The Project will involve the construction of an outfall structure to Tassajara Crcek with impacts
to the eastern bank ofTassajara Creek above and below the ordinary high water line.
Please contact me with any questions or comments your office might have regarding tIus project.
All cOHespondcnce should be sent to my attention at the letterhead address. I can be reached at
(408) 448-2322 if you have any questions.
Sincerely,
//----; J ~y;' .
/ ~. F./. .//
.- / /"~ /' /./,;/
L?::~;;/:t:;/!/(:.1~
fe'lr Olberding ~--------
Wetland Regulatory Scientist
Enclosures
3127 Vist:lmont Drive, SUIte 100. San Jose, CA 951! S . Office: (.108) ":'~S-23=2 . FLlx' (408) ...!..18-201 0
Em2.iJ olberding@nctmagic.ner
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulation and Permitting
July 6, 2004
Me. Hans Kreutzberg
Project Review Coordinator
Office of State Historic Preservation
PO. Box 942896
Sacramento, CA 94296~0001
Subject:
Mission Peak Development Project
Dcar Mr. Kreutzberg:
I am cunentlyprocessing an application for a U.S. AmlYCorps ofEngincers (Corps) Preconstruction
Notification Application. As required by the Corps, I am writing to request any COllli11ents your
agency may have regarding historic properties and/or cultural resourcc issues which maybe affected
by the Mission Peak Developmcnt Project.
The Mission Peak Property is located on the east side ofTassajara Road, north of the City of Dublin.
The Property is found approximately 2.5 miles north of the Highway 580 and Tassajara Road
interchange. The site is situated at the first bend in the road way where it curves east to cross over
the Tassajara Creek tributary. The Property is located in Alameda County, just south of the Contra
CostalAlar11eda County line.
The Mission Peak Project consists of thc subdivision of approximately 23.5 acres of land with
residential units and the conservation of 44.3 acres ofland as pennanent open space within the 67.8
acre site. Home construction and grading will occur on the southwestern side of the site. The
Project will involve thc construction of an outfall structurc to Tassajara Creek with impacts to the
eastcm bank ofTassajara Creek ahovc and below the ordinary high water line.
Please contact me with any questions or comments your offiec might have regarding this project.
All COlTespondence should be sent to my attention at the letterhead address. I can be reached at (408)
448~2322 if you have any questions.
Sincerely,
//-;7// /_~.~~
/- ,'-,/)// - ~. -~
'-~-:'~:}(//~/ ~ /--=-----.
~///D' /~ ~/
/ Jeff Olberding C-~
Wetland Regulatory Scientist
Enclosures
31.27 \iist2.mont Driv'e, Suite 100. S2.n Jose, CA 95118. Offic,;-: (.l03) :l48-23~=. F::J.:c (408) -148-2010
Em2.il: olbcrdii1g<~>nelm::J.gjc.nct
ATTACHMENT NO.6
ARCHEOLOGICAL FIELD INSPECTION REPORT
boLma~ASSOC'ATES
ARchaeoLogical Consultants
'SINCE THE HOINNINC"
361S' FOLSOM ST.
CALIFORNIA .94110
SAN FRANCISCO,
41S'/S'~O-7.296
Norman Soares
Standard Pacific Homes
3 R25 Hopyard Road Suite J 95
PJensanton, CA 94588
June 16, 1004
Dear Mr. Somes:
RE ARCHAEOLOGICAL FlELD INSPECTION OF THE MISSION PEAK PROPERTY,
EAST DUBLIN, AUuYLEDA COUNTY, CALIFORNJA
At your reguest J bave completed an archaeologicalliteratwe review of the abovo project
loc8ted on the east stele of Tassaiara Roadjust south of tho Alameda/Contro Costa County border
in Abmeda County. No evidence of eitherbi.,toTie and/or prehistoric eultw-al resources waS
discovered during the procoss of the review. This report contains a swnmary of information
gained to date.
PROJECT DESCRIPTION
The proposed project area consists of a 67.8 aorc parcel (APN 985-0002-001) of land
located on the cast side of Tassajara Road jmt south of111e AlamedalConn..a Costa County
border Located on the Livermore U.5.0.5. map (photorev,ised ]973, the parcel is bordered by
Tus.,ajru:a Road "nd a creek on the west. and by ex;stin.g fel1ce lines on tlle north, east and soulh.
Currently the property is being used for catt.le grazing: the only vegetation other than native and
impol1ed glasses are found along thc riparian ZOne located at the westem end of thc property
whcr~ a stand of euc;:j1yphJ:;- 1J'l~(S (lrF: Sl,lITnllndccl hy native cottonwoods and oaks. A large bush
(rose") is located in the general vi.einity of UJC former ranch house which was located on the
property.
UTERATUREREVIEW
Prior to the act.ual fieJd inspection. this auUlor completed an alchaeologicaJ litcratw-e
review at tl.1e Northwest Information Center (NwrC) located at Sonoma State University (ftle no.
03-941) to. obtain mformation about recorded archaeo.logical sites in and around tbe project area
and any infonnation about prcvi,'us llrchaeologicalfield inspcction.s of the project area o.r
surrounding parcels.
There are no archaeological sites recorded inside the project borders or wiulin a half miJe
of it There have bcen no previous field impectiom of tIle pro.pelty, aliliougb one was completed
very uea:- the eastern borders of it: in 1998 Holman & tI.ssociates completed a cuJtmsJ resources
stlJdy fer the approximately] 3,500 acre NorL1 Liv=ore Master Plan EIR for the cOW1ty of
Alamedo.. Varying levels ofresearc~ includi.ng Bele inspections ofportlor.s of proposed
devclopment e.reas wcre smveyed, inc1tlding lands to the east of the Miss;on Pcak property.
DESCRJPTIO'-i OF HELD I?\SP2CTION
The visual inspection cftbe project area was conducted by this au:bor during the last
week of :-'1ay, 2004 by completing "- mixed s'Jalegy liek inspection: the flets located on the
westem edge of the property J."ld the drajnage whicJ flows westward fi.orr. the approximate
center of :he propcrty were given" thorough inspection ':Jy waD<ing 10-20 foot transects over :hc
mea to inspect it for cultural resources. TI1C remaino'er ofilie property, compresed orlbe hills
which dr:i.n i.D!0 the center of Lle property from tbc .,0utJo~ e~1: and north, were given a more
gencral irspectioo, mainly to ;carcb for exposed bedrock and/or any otbe indicators of Native
American '_:SC 3.nd/or occl1pat:('~. Sc::rvey conditions in May were excellent: short grasses cove:ed
most of the ground which CODSlsts of a dark [0 light 'lro"l1 clayish soil cor.taj_~iDg little to no
native rocK.
F INDINGiRECO MMEl\ l) ,AT' ON S
No evidence of prehIstoric use and/or ClCC1..lpo.:ion of the project ar~;: was discovered
during t1:e fJeld inspection. TYeJcaJ i.ndicators ofNa:ive American use wO.JJd -include darker t:-,a"
surrouneLcg friable soils, concc8tr2...-;Ons of stonc, bone or sbeUtish and/a: 211:ifacts oftl1csc
materials. aDd evidencc of fircs (ash, cbnrco?j, firc a:rected earth or rock).
J.:5 cl,,-<"'.I that the jJIOFrty cr.ce conta~led a t2.nc:c bouse at tile 10C'.lion of the eucalys~s
trccs just east oftbe crcck dra:r.agE: ,he 1973 u.S.G.S IJ:'OCp .qllOWS a rcsidoc~ ~t this loca.tion.
a.nd the pr~scn::e of what was cnce 2.:1 orDamtntafbt.:..5h p~2J:l': tJ1e house very ne.ar the existing
eucalyptus trees. Nothing rerr::';~s of the house howevcr: :be property has bcc::l cleared of allY
structur2.1 rem2ins and there a.e 00 visible historic trcsil deposits.
II. is J],e opinion oftlu.5 2.UJ]'Of th3t fWore deYE]opment ofthc prope;-;v COin occur with ~c
CffCClS 0'1 eitber prehistoric or ~llstor:e cultural rCSOuICes_ This report maJ.;~s no ful1her
rccommctloatiollS fa,. mcchani:al SLbsUl-[ace prcscr:cclab=ce tes~:ng for huied deposits, ane
does not recornm.e.nd archacoicgic2..l 'JJon.it01ing of future CODstructlon rc121cd earthmOV.lDg
acfi'vities.
Sincerely,
~
Miley hul Eolmm
Holman & Associa:cs
2
REFERENCES CITED
Wiberg, Randy, Randall Dean and Miley Holman
1998 A CULTURAL RESOURCES STUDY FOR HIE NORTH LIVERMORE
MASTER PLAN/SPECIFIC PLAN ENVIRONMENTAL IMP ACT
REPOR T, ALAMEDA COUNTY, CALIFORNIA. On file, NOl1bwest
Information Center, Sonoma State University. File no S-20335
3
STANDARD P ACIFICIMJSSION PEAK PROPERTY
DUBLIN, ALAMEDA COUNTY, CALIFORNIA
LIVERMORE US.G.S. MAP