AN UPDATED BIOLOGICAL RESOURCES SURVEY REPORT FOR THE EEDDWWAARRDDSS GGRRAADDIINNGG PPLLAANN PPRROOJJEECCTT LL1144005555,, EERR 0011--0022--000011,, CCPP 99006600 COUNTY OF SAN DIEGO Prepared for Mr. Carlton Morrison, Esq. 5256 S. Mission Road, Suite 1010 Bonsall, CA 92003 Prepared by Vincent N. Scheidt Biological Consultant 3158 Occidental Street San Diego, CA 92122 (858) 457-3873 Updated through October 2008 August 2001

Vincent N. Scheidt, MA Certified Biological Consultant

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SUMMARY

The Edwards Grading Plan (L-14055) project site in the Fallbrook area of far northern San Diego County was

surveyed for biological resources in July of 2001. A follow-up spring rare plant survey was completed in May of

2002, and an updating of site conditions was completed in March of 2006. The Edwards property currently

supports Southern Coast Live Oak Riparian Forest (Holland Code 61310), Granitic Southern Mixed Chaparral

(Holland Code 37121), and Orchards and Vineyards (Holland Code 18100) vegetation. Prior to 2001, the

property supported Southern Coast Live Oak Riparian Forest, Granitic Southern Mixed Chaparral, and Diegan

Coastal Sage Scrub. Most of the property was subsequently cleared, graded, and planted with sapling avocado

trees under an agricultural exemption (AE 296) from the Clearing and Grading Ordinance, as issued by the

County of San Diego. A total of eighty-five species of vascular plants and twenty-seven vertebrate animals and

butterflies were detected during the field survey. One sensitive plant and four sensitive animals were detected.

These are Rainbow Manzanita, Southern California Rufous-crowned Sparrow, Bewick's Wren, Turkey Vulture,

and Northern Red Diamond Rattlesnake. Other sensitive animals certainly occur here, but were undetected

during the surveys. Because of concerns about grading violations that affected wetland resources, and

changes in the Edwards’ family circumstances, the project as originally proposed has been modified twice, now

restricting all grading to a reparative effort, with analysis limited to repairing grading damage that occurred

beyond the limits allowed under AE 296. It is expected that a house will be built on this property at some time

in the future, although this application does not detail that future use. It does, however, anticipate continued

use of the property for agricultural purposes. Any future clearing or grading would be subject to new

environmental review and additional mitigation.

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Figure 1. Regional Location - the Edwards Grading Plan Site

Portion of USGS "Fallbrook, California" 7.5' Quadrangle

Site

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INTRODUCTION

This report presents the findings of a biological resources survey of the Edwards Grading Plan project, L14055.

This property is located north of Sandia Creek Road at the extreme northern edge of San Diego County where

it adjoins Riverside County (Figure 1). The goals of this report are to present a description of the site’s

biological resources, provide an analysis of project-related impacts with respect to regional resource planning,

and to recommend mitigation to offset adverse impacts associated with unauthorized clearing of portions of the

site. To that end, information (including current field data) has been obtained and analyzed with respect to

current land use regulations. This is the purpose of the field surveys and the subsequent analysis for this

report. Although the entire property was surveyed for this report, the impact analysis and mitigation discussion

is restricted to the areas damaged by grading beyond those limits allowed under agricultural exemption AE

296. This report concentrates discussion, particularly with respect to impacts, on this portion of the site.

SITE DESCRIPTION AND PRESENT LAND USE

If approved, the Edwards Grading Plan project would allow the reparative grading of an area disturbed by

agricultural clearing beyond those areas allowed under AE 296. This grading would take place on a portion of a

single legal parcel, Parcel 4 of PM 7258. This approximately 18.5-acre parcel was in a natural state until early

2001, when agricultural clearing and grading took place under agricultural exemption AE 296, which allows

clearing and grading associated with agriculture. Most of the site was cleared and planted with avocado and

other trees, and several grove roads were constructed. Five streambed crossings were also put into place, with

two bisecting the site’s main riparian area. A total of 9.4 acres of the 18.5-acre parcel were permanently

converted to agriculture of which one (1) acre was done outside of the boundaries of AE 296 and subject to a

grading and clearing violation. A number of the drainage crossings on-site were not permitted by AE 296 and

are also included in the violation. These were constructed without resource agency notification and/or

permitting, if required.

The Edwards property (Figure 1) is irregular in shape, with elevations ranging between approximately 890 and

1,046 feet MSL. Portions of the property are relatively steep. Access to the property is from the west along a

16’-foot wide driveway off Sandia Creek Road, an existing, paved public road. The site generally drains to the

west-northwest, with several minor drainages bisecting the property. A jurisdictional wetland is located in

several these drainages. Soils found onsite consist of Vista coarse sandy loams (VsE) on slopes between 15

and 30 percent and Cieneba-Fallbrook rocky sandy loams (CnG2) on slopes between 30 and 65 percent.

These soil-types are not known to support significant populations of rare or endangered endemic plants. A few

homes, most on large lots, are found in the site’s vicinity, with groves to the east-southeast. To the west are

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contiguous, adjoining areas of chaparral and riparian vegetation. To the north and east is Riverside County,

with existing avocado groves. To the south are groves and some disturbed areas.

SURVEY METHODS AND LIMITATIONS

The author completed an initial inspection of the L-14055 site in April of 2000. This was followed-up with a

baseline biological field survey, conducted by the author and Shannon M. Allen, Biological Consultant, in July

and August of 2001. Springtime rare plant surveys and an evaluation of the site for several sensitive species

were completed in May of 2002 by the author and Ms. Allen. The most recent field studies, updating and

reevaluating site resources, were completed in March of 2006. Fieldwork was completed on the following days

and under the following weather conditions:

Date Hours Conditions 20 April 2000 9:00 to 11:00 Clear, mild;

light westerly breeze; temperatures to the mid 70°s

6 July 2001 2:00 to 5:00 Clear, warm;

light westerly breeze; temperatures in the mid to high 80°s

3 August 2001 3:15 to 4:45 Clear, warm;

no wind; temperatures to the high 80°s

31 May 2002 14:30 to 16:30 Clear, mild; no wind; temperatures to the high 70°s

1 March 2006 13:30 to 16:45 Clear, sunny; light westerly breeze; temperatures in the low to mid 60°s

The property was slowly walked utilizing dirt roads where possible, and at least 80% of the site was examined

at close proximity. All habitats were revisited and explored during the survey. Areas that were less directly

accessible due to steep terrain or dense vegetation were surveyed with binoculars.

Animals encountered were identified with the aid of 10 x 25 and 8 x 25 power binoculars as needed. Some

species were identified as occurring onsite due to the presence of characteristic scats, tracks, dens, and/or

calls observed. Trapping was not conducted, thus many cryptic animals, particularly small mammals and

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reptiles, were not detected. Additional survey limitations were imposed by temporal and seasonal factors. Many

of the vertebrates that occur on this property were seasonally inactive during the survey period.

Plants observed were identified on the basis of characteristic samples collected in the field and examined in

order to determine species identity. As with the vertebrate inventory, the floral inventory of the site was also

limited by seasonal factors. Surveying at other times of the year could still increase the total site flora by at

least 10 percent or more. Plants that could have been missed would include winter-flowering, ephemeral,

and/or inconspicuous species such as Parry's Jepsonia (Jepsonia parryi), and others.

Nomenclatural sources used in this report include Munz (1974) (flora), Unitt (1984) (birds), Stebbins (1985)

(herpetofauna), Burt and Grossenheider (1976) (mammals), and Holland (1996) (vegetation).

RESULTS OF THE SURVEY - FLORA/VEGETATION

Eighty-four species of native and naturalized plants were identified as occurring on the Edwards Grading Plan

property. All plants observed onsite are listed in Table 1. Most are relatively common sage scrub or

disturbance-responsive species. One sensitive plant species was detected, and a number of additional

sensitive plants are known to occur in the general vicinity of this property. These species are listed and

discussed subsequently.

Three plant communities (habitats) are currently found on the Edwards property (Figure 2). These are

Southern Coast Live Oak Riparian Forest (Holland Code 61310), Granitic Southern Mixed Chaparral (Holland

Code 37121), and Orchards and Vineyards (Holland Code 18100) vegetation. Each of the onsite habitats is

discussed below.

Southern Coast Live Oak Riparian Forest (Holland code 61310)

Southern Coast Live Oak Riparian Forest is a form of oak-dominated habitat found in wetter drainages and

surrounding water bodies. In addition to Coast Live Oaks (Quercus agrifolia), Western Sycamores (Platanus

racemosa), various species of willows (Salix), and other trees form the major canopy elements. Understory

species observed onsite include Desert Grape (Vitis girdiana), Poison Oak (Toxicodendron diversilobum),

Coastal Wood Fern (Dryopteris arguta), and various other shrubs and annuals. Southern Coast Live Oak Riparian

Forest is a jurisdictional wetland plant assemblage. This habitat currently covers 2.2 acres

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Granitic Southern Mixed Chaparral (Holland code 37121)

Granitic Southern Mixed Chaparral (SMC) is currently found on the margins of the riparian forest area and in the

steep drainage near the southern end of the property. Indicator plants present within the habitat include Chamise,

Interior Scrub Oak (Quercus berberidifolia), Thick-leaved Lilac (Ceanothus crassifolius), and numerous others.

Prior to agricultural clearing, this habitat covered the majority of the site, with Diegan Coastal Sage Scrub

(Holland code 32520) covering the south-facing slopes. This native chaparral plant community is generally con-

tiguous offsite to the east and west. Approximately 6.9 acres of mixed chaparral vegetation are currently present

on the Edwards Grading Plan site.

Orchards and Vineyards (Holland code 18100)

The majority of the L-14055 property supports a young avocado orchard. In addition to sapling trees, irrigation

lines, graded agricultural roads, the grove supports various low annuals, including Tocalote (Centaurea

melitensis), Perennial Mustard (Brassica geniculata), and others. Orchards and Vineyards habitat covers 9.4

acres.

RESULTS OF THE SURVEY - FAUNA

Twenty-seven vertebrate animals and butterflies were detected on the Edwards Grading Plan project site

during the course of the field surveys. These are listed in Table 2. Most are common local resident species.

Four of the animals found in association with the property are considered sensitive. These and other sensitive

species known from the vicinity of this property are discussed in subsequent sections of this report.

Fish and Amphibians

No fish or amphibians were observed during the course of the field surveys. The lack of perennial, standing

water and general xeric nature of the site precludes fish from occurring onsite. Several species of locally

common amphibians are anticipated to occur onsite, include Garden Slender Salamander, Western Toad,

Pacific Treefrog, and possibly others. These species are known to occur in habitat similar to that present on the

subject site.

Reptiles

Three species of reptiles were detected onsite during various field surveys. These are Northern Red Diamond

Rattlesnake (Crotalus ruber ruber), Western Fence Lizard (Sceloporus occidentalis), and Side-blotched Lizard

(Uta stansburiana). Reptiles occur in most open areas of the site. However, most are elusive, and can be

difficult to detect. Those seen during the field surveys represent only a small portion of the site's anticipated

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herpetofauna. Additional reptile species that may be expected to occur onsite include Common Kingsnake,

Common Gopher Snake, Red Racer, Coast Patch-nosed Snake, and others. These species are known to

occur in habitat similar to that found on this property. One of the reptiles observed onsite (Northern Red

Diamond Rattlesnake) is considered sensitive in San Diego County.

Mammals

Four species of common mammals were observed. These are Coyote (Canis latrans), Woodrat (Neotoma sp.),

Desert Cottontail (Sylvilagus audubonii) and Gray Fox (Urocyon cinereoargenteus). As with reptiles, numerous

additional mammals utilize this site on a regular basis, although most are cryptic and difficult to detect. These

likely include various species of bats, native rodents, opossum, skunks, and others known from similar

habitats.

Birds

Sixteen species of birds were observed on the Edwards Grading Plan site during the field surveys (see Table

2). Most of the birds observed are common residents of this area, although three of the birds observed onsite

(Southern California Rufous-crowned Sparrow, Turkey Vulture and Bewick's Wren) are considered sensitive in

San Diego County. Numerous additional birds may be expected to occur in the vicinity of the site. These

include various songbirds, raptors, and others known from habitat similar to that found on this property.

RESULTS OF THE SURVEY - SENSITIVE RESOURCES

Habitats

Both of the native habitats found on the Edwards Grading Plan project site (chaparral and riparian forest) are

considered sensitive biological resources in San Diego County, insofar as they support various sensitive

species or are depleted communities in their own right. In any case, the remaining chaparral and riparian forest

function, to a large extent, as a single biological unit in apparently supporting many of the same sensitive

species.

Plants

One sensitive plant species, Rainbow Manzanita, was observed on the Edwards Grading Plan project site

during the field surveys.

Rainbow Manzanita / Arctostaphylos rainbowensis Listing: CNPS List 1B; R-E-D code: 3-3-3. Federal/State status: none; San Diego County:

Sensitive Plant List, Group A (DPLU, 1995).

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Distribution: Endemic to interior areas of extreme northern San Diego County and adjacent Riverside County.

Habitat(s): Occurs in various chaparral plant communities, most commonly in Mafic Northern Mixed Chaparral and Mafic Chamise Chaparral, typically in more open areas.

Status On Site: At least fifteen specimens occur onsite, eight or more in the area disturbed by clearing beyond the limits allowed by AE 296. These specimens have regrown from the stump, although it is unknown how many specimens were onsite prior to implementation of AE 296. Three specimens were detected in the margins of the riparian forest in the area not disturbed by clearing. A few specimens were also seen offsite to the west on adjoining properties.

Comments: This species is much more common on properties in the Rainbow area east of Interstate 15. Rainbow Manzanita is a County Rare Plant List “A” species as defined by the BMO.

A variety of other sensitive plant species are known to occur in the nearby vicinity of this property. These are

listed and discussed in Table 4.

A springtime plant survey was completed in May of 2002 with the intent of locating any ephemeral species that

might have been undetected during the prior year’s fieldwork. No additional sensitive species were detected,

although the stump sprouting of woody perennials in areas not graded allowed a more precise mapping and

quantification of Rainbow Manzanita, the sensitive plant that was detected in 2001.

Animals

Four species of sensitive animals were observed on the Edwards Grading Plan project site. These are

Southern California Rufous-crowned Sparrow Turkey Vulture, Bewick's Wren, and Northern Red Diamond

Rattlesnake:

Southern California Rufous-crowned Sparrow (Aimophila ruficeps canescens) Status: ”Species of Concern” (USFWS, 1998). State status: none. Former Fed. Endangered Species Candidate; C2 (USFWS, 1996). County status; San Diego County "Sensitive Bird" List (DPLU, 1994). Distribution: From Ventura County south to northern Baja California. Habitat(s): Almost wholly restricted to extensive areas of sage scrub and chaparral vegetation within the coastal lowland of Southern California. Status On Site: Single specimen detected onsite in the area disturbed by clearing. Turkey Vulture (Cathartes aura) Status: "Declining" (Unitt, 1984); "Fully Protected Raptor" (CDFG, 1998). Distribution: Throughout the Western Hemisphere from Southern Canada to the Straits of Magellan in undeveloped areas. Habitat(s): Open areas where it soars in search of carrion. Often seen roosting on dead trees, etc. Status on site: Single specimens observed flying over the property in 2001. Remains a relatively common resident species in the County, although becoming scarcer as the area urbanizes.

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Comments: Believed to be on the decline throughout its current distribution, but population apparently more-or-less stable in interior areas of San Diego County. Bewick's Wren (Thryomanes bewickii) Status : "Blue List" (Tate, 1986); Federal/State status: none. Distribution: Middle and western-half of North America from British Columbia and Ontario to south-central Mexico. Habitat(s): Resident in brushy thickets, chaparral, piñon, juniper, other dense habitats. Status on site: Observed in several places onsite, moving about the site and flying offsite to adjoining properties. Very common resident species in San Diego County. Comments: Believed to be on the decline throughout its current distribution, but population levels apparently stable in San Diego County. Northern Red Diamond Rattlesnake (Crotalus ruber ruber) Status: USFWS former "C2" Species; “Sensitive Reptile” County of San Diego, 1995). Distribution: San Bernardino County south through northern Baja California. Habitat(s): Resident in xeric habitats, especially chaparral and coastal sage scrub in the vicinity of rock outcrops. Status on site: A wintering den and several shed skins were observed in association with a rocky outcrop near the southwestern corner of the property. Anticipated to be a fairly uncommon but resident species.

Numerous additional species of sensitive animals are known to occur in the general vicinity of the Edwards

Grading Plan project site. These are listed in Table 4, which follows. This list is derived from the author's field

experience and field notes, the field data of other investigators, the California Natural Diversity Data Base, and

other sources. A few of these are nearly certain to occur onsite on at least an occasional basis; others are

highly unlikely to occur onsite, as they are restricted to specific niches or habitats not found here.

Wetlands

A jurisdictional (California Department of Fish and Game (CDFG) and possibly U.S. Army Corps of Engineers

(ACoE)) wetland is located onsite in the main drainage, which curves through the property from the

northeastern corner, exiting the site’s central-western property line. This drainage is not featured on the

U.S.G.S. "Fallbrook, California" 7.5' Quadrangle Map as a “blue-line” stream, although it does drain into one a

short distance to the northwest. Thus, it is considered a tributary to “navigable waters”. All of the lateral

drainages onsite (and several offsite) eventually drain into this main drainage. The central drainage contains

mostly dense riparian forest vegetation, as shown in Figure 2, although two crossings through the riparian

forest were recently constructed to allow ready access to the northern half of the grove. A total of five drainage

crossings are present on the property or along the driveway access from Sandia Creek Drive, two of which

affect riparian forest vegetation directly. These two crossings qualify as Resource Protection Ordinance (RPO)

and CDFG wetland streambed crossings, although it should be noted that the RPO does not apply to grading

permits. The main drainage may also qualify as an ACoE wetland, subject to regulation by the Army Corps of

Engineers.

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The CDFG defines a “wetland” under Code Section 1600 as lands that (1) have a substratum of predominately

undrained hydric soils, -and- (2) support a predominance of hydric vegetation, -and- (3) have a substratum that is

non-soil and is saturated with water or covered by water at some time during the growing season of each year.

The main drainage area on the subject site meets all of these criteria, and it may qualify as a federal (ACoE

wetland). This drainage and all drainages were evaluated for the presence/absence of wetland indicators in May

of 2002. Several of the lateral drainages similarly meet at least one of the CDFG criteria for a wetland, although

none support significant amounts of riparian vegetation (hydrophytes), or undrained hydric soils.

Sensitive Species Habitat Evaluations

Arroyo Toad Habitat Evaluation

Arroyo Toad (Bufo microscaphus californicus), a State and Federally listed Endangered amphibian, occurs in

open, exposed riparian habitats with sand and gravel banks, interspersed with shallow, slow-moving water. All

drainage areas on the Edwards site were searched for suitable habitat, including openings in the riparian forest

and sandy banks. The riparian habitat on the subject property, however, supports a closed canopy over an

oak/willow thicket, and all lateral drainages are dry swales. Thus, the probability for Arroyo Toad to occur on

this property as a breeding species is considered very low. The nearest known breeding populations of this

species are located in the Santa Margarita River, with intervening development in between, so the chances for

B. microscaphus to occur onsite as an upland aestivator (within 1 km of a breeding area) are considered low.

The Santa Margarita River Basin, which is located approximately two miles south of the Edwards site, was

proposed as “Critical Habitat” for this species. However, this area was not designated as “Critical Habitat”

under the Final Rule.

Least Bell’s Vireo Habitat Evaluation

Least Bell’s Vireo (Vireo bellii pusillus), a State and Federally listed Endangered migratory songbird, occurs in

dense willow-dominated riparian habitats. The riparian forest on this site is generally unsuitable for this

species, in the opinion of the author, based on the quality of the habitat (generally lacking a willow thicket), the

location of the site (two or more miles to the nearest known breeding populations), and lack of observations

during the various site surveys, during which time calling specimens would have been readily detected. For this

reason, the subject site is considered “unoccupied” by Least Bell’s Vireo. “Critical Habitat” for this species,

which affects projects with a federal permitting nexus, is located approximately two miles south of the Edwards

site. However, this designation does not affect the project as proposed.

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Southwestern Willow Flycatcher Habitat Evaluation

Southwestern Willow Flycatcher (Empidonax traillii extimus) is a Federally listed Endangered migratory

songbird that nests in mature riparian vegetation, most typically over running or standing water. The habitat on

this property is not suitable for this species, and the site is considered “unoccupied” by Southwestern Willow

Flycatcher. The nearest known populations of this very rare species are in the San Luis Rey River, several

miles to the south and west of this property.

Orcutt's Brodiaea Habitat Evaluation

Orcutt's Brodiaea (Brodiaea orcuttii) is an ephemeral grassland species that typically occurs on heavy clay soils.

This rare lily was formerly listed by the federal government as an Endangered Species Candidate, and it is

currently listed by the County of San Diego as a “Sensitive Plant”. No appropriate clay or grassland habitat is

present on this site. For this reason, the probability of B. orcuttii occurring onsite is considered very low.

Loggerhead Shrike Habitat Evaluation

Loggerhead Shrike (Lanius ludovicianus) is a distinctive, black, gray, and white predatory songbird. Also known

as "butcher birds”, shrikes are characterized as frequently impaling their prey on the spines of cacti, barbed wire

fences, and other sharp objects. Loggerhead Shrikes occupy a variety of habitats, particularly at the edges of

open areas. Because this site was formerly covered with a dense stand of chaparral and coastal sage scrub,

Loggerhead Shrikes would not be expected. However, specimens could now possibly utilize other open areas of

the site for foraging, etc.

Wildlife Corridor Evaluation

As previously described, this property is bisected by an unnamed drainage; a tributary to a USGS “blue-line”

stream, which ultimately drains into the Santa Margarita River. Large mammals anticipated to use this property

would include Bobcat (Lynx rufus), Gray Fox (Urocyon cinereoargenteus), Coyote (Canis latrans), and possibly

others. The latter two of these were detected during the site surveys. The graded agricultural roads both within

and outside of the areas cleared pursuant to AE 296 provide ready access for large mammals, which tend to

prefer open ridges, roads, and tracks to avoid areas of extremely dense brush or difficult terrain. However,

wildlife does shelter in areas of dense brush, such as is present in the riparian forest. Thus, the Edwards

property functions as part of a local wildlife corridor, bringing wildlife from the east to the more remote areas to

the west. This corridor extends along the length of the property, beginning offsite to the east on a number of

large properties, and ending at the western property line.

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POTENTIAL IMPACTS OF THE PROPOSED PROJECT

Approval of the Edwards Grading Plan project, L-14055, will retroactively permit a number of direct and indirect

impacts to biotic resources found on and in association with the site. These impacts resulted from clearing

associated with the agriculture plantings on the site beyond that allowed under AE 296, both to wetlands and to

uplands. Impacts are assessed at a level which is either "significant" or "less than significant" under provisions

of CEQA.

As discussed previously, a significant portion of the site was cleared in early 2001 as a part of the AE 296. This

removed the surface brush in upland areas, but by late spring of 2002 most of the vegetation was vigorously

regrowing from the stumps left behind in areas that were not graded for agricultural conversion planting. By

2006, much of the vegetation in those areas was regrown and mature, albeit still of short stature. For this

reason, the analysis below assumes a pre-clearing condition of all areas of the site that had been cleared, but

that were not “covered” under AE 296. This includes both wetland and upland habitats.

The following project-related impacts have been identified in association with the L-14055, including offsite

road improvements:

1. The loss of approximately one acre of Granitic Southern Mixed Chaparral vegetation as a result of

agriculture clearing and planting beyond that permitted under AE 296. The loss of this vegetation is

considered significant but mitigable, pursuant to CEQA, as this habitat supports a variety of sensitive

species.

2. The loss of the onsite stand of Rainbow Manzanita is considered significant but mitigable . This

includes all specimens of this species residing in and adjoining the area cleared beyond that

authorized pursuant to AE 296.

3. Impacts to the following sensitive species are considered adverse but less than significant but

mitigable: Southern California Rufous-crowned Sparrow, Bewick's Wren and Turkey Vulture. In each

cases, no specimens of any of these species would be directly lost as a result of site clearing beyond

that permitted under AE 296, as all forage over relatively large areas, including areas beyond the limits

of this property. Impacts to these species associated with site clearing are considered incremental.

4. Improvements to the two drainage crossings across the riparian forest have resulted in measurable

impacts to onsite wetland areas. These impacts are considered significant but mitigable. Agricultural

grading has resulted in the establishment of crossings through the Southern Coast Live Oak Riparian

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Forest area. A total of approximately 0.24 acre of wetlands has been affected by the crossing

improvements.

5. Offsite impacts resulting from the construction of a driveway from Sandia Creek Drive onto the

property. This driveway crosses two minor drainages, although neither supports County-defined

wetlands. However, these drainages may qualify as supporting state (CDFG) wetlands. Therefore, this

impact is considered significant but mitigable. A total of approximately 0.1 acre of CDFG wetlands

has been affected by the crossing improvements, and coordination with the regulatory agencies is

recommended.

RECOMMENDED MITIGATION

1. To mitigate impacts associated with the agriculture clearing and planting beyond that authorized by AE

296, offsite mitigation at a 2:1 ratio shall be provided to compensate for the loss of 1 acre of Granitic

Southern Mixed Chaparral vegetation. This chaparral must support Rainbow Manzanita. Mitigation

shall take place in a formal mitigation bank offering habitat-based mitigation credits. This bank must

conserve both Rainbow Manzanita and mixed chaparral vegetation. One such bank is the “Heights at

Pala Mesa” Mitigation Bank located to the east of I-15 near Pala Mesa. In any case, the County shall

approve the location of the mitigation site and securement of the mitigation will be required prior to

grading plan approval.

2. As discussed previously, unauthorized grading for grove planting resulted in two crossings through the

Southern Coast Live Oak Riparian Forest. The western-most crossing shall be removed and the

habitat restored in this area. As part of the restoration of this crossing, the portion of the grove road

that runs south of the lower drainage and intersects with the eastern grove road will be graded to the

point that it is impassible and rehabilitated with native species. Offsite mitigation for the temporal loss

of Southern Coast Live Oak Riparian Forest associated with the western crossing, estimated to be

approximately 0.14 acres, must be provided at a 1:1 ratio.

3. The County has indicated that the eastern crossing will be allowed to remain, although offsite

mitigation at a 3:1 ratio must be provided. This mitigation must be provided in a County-approved

location. The eastern crossing impacted approximately 0.10 acre of Southern Coast Live Oak Riparian

Forest.

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4. The County has indicated that the western-most groundwater well currently located adjacent to the

north side of the riparian area shall be allowed in the proposed biological open space easement (see

below). The well may be accessed by an unimproved path no more than 12 feet in width from the

grove road that lies to the north of the well, at the boundary of the biological open space easement.

The County has also indicated that the grove road and all of the existing agriculture will be allowed in

the proposed biological open space easement on the north side of the riparian forest.

5. Because grading has resulted in direct impacts to two CDFG jurisdictional wetland areas, it will be

necessary to obtain certain resource agency permits as a condition of project approval. Impacts to

wetlands will require mitigation under the resource agencies’ “no net loss of wetland values or

functions” policy. The securement of various agency wetland permits (401/404, 1600, etc.) shall be

made a condition of project approval.

6. Preliminary discussions with the state and federal agencies have resulted in the following

recommendations regarding wetland crossing permitting requirements and required mitigation. These

recommendations assume that the western crossing of the main drainage will be removed and restored

and that all other onsite crossings will be allowed to remain. The CDFG has indicated that offsite

mitigation at a 1:1 or higher ratio, such as funding Arundo removal in the Santa Margarita watershed,

may constitute adequate mitigation for impacts to CDFG jurisdictional wetlands and “waters”. The

California Regional Water Quality Control Board (CRWQCB) has issued a Notice of Violation, which will

require specific mitigation measures including a formal wetland delineation, impact analysis, and

mitigation for permanent and temporary impacts at a 1:1 or higher ratio. The ACOE has not provided

specific guidance at this point, although we anticipate that their requirements will be similar to those of

the CRWQCB.

7. In order to prevent future impacts to the Southern Coast Live Oak Riparian Forest portion of the site

(other than that area providing a single crossing at the eastern edge of the property and the existing

avocado trees adjoining the main drainage) shall be conserved in a dedicated Biological Open Space

Easement. This is illustrated on the project site plan. This easement shall include permanent fencing of

the habitat in order to protect the biological resources in open space. In addition, high visibility metal

signs shall be placed at 200-foot intervals along all segments of the fence. These signs shall read:

"Sensitive Environmental Resources Disturbance Beyond this Point is Restricted

by Easement

Information: Contact County of San Diego, Department of Planning and Land Use

Ref: 01-02-001"

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Evidence that permanent fencing and signage has been installed shall consist of a signed, stamped

statement from a California Registered Engineer or licensed surveyor indicating that permanent fences

have been placed in the correct locations to protect the open space from inadvertent disturbance

associated with grading, brushing, or agricultural activities. The permanent fence locations shall be

identified in the field by a California Registered Engineer or licensed surveyor and positioned at the

boundary of the open space. Photographs and a brief description of design and material used shall be

submitted with the statement from the California Registered Engineer. Construction materials and fence

and/or wall designs are subject to approval by the Department of Planning and Land Use. Minimum fence

height shall be 5 feet.

8. A second easement (“Limited Building Zone easement”), which provides a 100-foot fire clearing structural

setback from the edge of the biological open space easement above, shall be incorporated into the

project design. This easement should prohibit the construction of structures that could require additional

fire clearing, etc. The Limited Building Zone will preclude fire clearing which otherwise might encroach

into the biology open space.

9. Any future site brushing, grading, and/or the removal of native vegetation within 300 feet of any

potential migratory songbird nesting location shall not be permitted during the spring/summer songbird

breeding season, defined as from 1 January to 31 August of each year. This is required in order to

ensure compliance with the federal Migratory Bird Treaty Act and Sections 3503, 3503.5 and 3513 the

California Fish and Game Code, which prevent the “take” of eggs, nests, feathers, or other parts of

most native bird species, and the Endangered Species Act. Limiting activities to the non-breeding

season will minimize chances for the incidental take of migratory songbirds or raptors.

Should it be necessary to conduct brushing, grading, or other construction activities during the

songbird breeding season, a preconstruction nesting survey of all areas within 300 feet of the

proposed activity will be required. The results of the survey will be provided in a report to the Director,

Department of Planning and Land Use and the Wildlife Agencies for concurrence with the conclusions

and recommendations.

10. A Wetland Mitigation/Revegetation Plan has been prepared for the restoration of the western-most

riparian crossing and all other areas within the biological open space easement that were cleared and

planted for agriculture or utilized as grove road access. See Attachment A.

Figure 2. Biological Resources and Open Space – The Edwards Grading Plan Project

TABLE 1. FLORAL CHECKLIST - THE EDWARDS GRADING PLAN PROJECT

Scientific Name Common Name Habitat

Adenostoma fasciculatum Chamise C

Amaranthus albus * White Tumbleweed O

Anagallis arvensis * Scarlet Pimpernel O

Antirrhinum coulterianum Coulter's Snapdragon C

Antirrhinum nuttallianum Nuttall's Snapdragon C

Arctostaphylos rainbowensis Rainbow Manzanita C

Artemisia californica California Sagebrush C

Brassica geniculata * Perennial Mustard O

Brickellia californica California Brickellbush C

Calyptridium monandrum Common Calyptridium O

Camissonia bistorta Southern Sun Cup O

Ceanothus crassifolius Thick-leaved Ceanothus C

Centaurea melitensis * Tocalote O

Centaurium venustum Canchalagua C

Chaenactis artemisiaefolia White Pincushion C

Chaenactis glabriuscula Yellow Pincushion C

Chamaesyce polycarpa Small-seed Sand Mat C

Chorizanthe procumbens Prostrate Spineflower C

Conyza bonariensis * Horseweed O

Conyza canadensis * Common Horseweed O

Cordylanthus filifolius Chaparral Bird's-beak C

Cuscuta ceanothi Chaparral Dodder C

Dicentra chrysantha Golden Eardrops C

Digitaria ischaemum * Smooth Crabgrass O

Diplacus aurantiacus San Diego Monkeyflower C

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TABLE 1. FLORAL CHECKLIST - THE EDWARDS GRADING PLAN PROJECT (PAGE 2)

Scientific Name Common Name Habitat

Dryopteris arguta Coastal Wood Fern R

Emmenanthe penduliflora Whispering Bells C

Epilobium sp. Fireweed R

Eremocarpus setigerus Dove Weed C

Eriogonum fasciculatum Flat-top Buckwheat C

Eriophyllum confertiflorum Golden Yarrow C

Eucrypta chrysanthemifolia Common Eucrypta C

Foeniculum vulgare * Wild Anise O

Gastridium ventricosum * Nitgrass C

Gnaphalium bicolor Bicolor Cudweed C

Gnaphalium californicum California Cudweed C

Gnaphalium canescens Cudweed C

Gnaphalium palustre Cudweed O

Haplopappus squarrosus Hazardia C

Helianthemum scoparium Rock Rose C

Hemizonia fasciculata Common Tarplant C

Heteromeles arbutifolia Toyon C

Juncus xiphioides Iris-leaf Rush R

Keckiella cordifolia Climbing Bush Penstemon R

Lactuca serriola * Wild Lettuce O

Lathyrus laetiflorus Chaparral Pea C

Lolium multiflorum * Italian Ryegrass O

Lonicera subspicata Wild Honeysuckle C

Lotus hamatus Grab Lotus O

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TABLE 1. FLORAL CHECKLIST - THE EDWARDS GRADING PLAN PROJECT (PAGE 3)

Scientific Name Common Name Habitat

Lotus scoparius Deerweed C

Lupinus hirsutissimus Stinging Lupine C

Malosma laurina Laurel Sumac C

Marah macrocarpus Man Root C

Melica imperfecta Coast Range Melic C

Muhlenbergia microsperma Small-seed Muhly C

Navarretia sp. Skunkweed C

Nicotiana glauca * Tree Tobacco O

Phacelia cicutaria hispida Caterpillar Phacelia C

Phacelia parryi Parry's Phacelia C

Phalaris sp. * Canary Grass O

Platanus racemosa California Sycamore R

Polygonum arenastrum * Yard Knotweed O

Porophyllum gracile Odora C

Portulaca oleracea Common Purslane O

Quercus agrifolia Coast Live Oak R

Quercus berberidifolia Interior Scrub Oak C

Rhamnus ilicifolia Redberry C

Ribes indecorum Winter Currant C

Salix lasiolepis Arroyo Willow R

Salvia mellifera Black Sage C

Sambucus mexicanus Elderberry C

Silene lanciniata Indian Pink C

Solanum americanum White Nightshade R

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TABLE 1. FLORAL CHECKLIST - THE EDWARDS GRADING PLAN PROJECT (PAGE 4)

Scientific Name Common Name Habitat

Solanum xanti Chaparral Nightshade C

Sonchus oleraceus * Sow Thistle O

Sorgum halepense * Johnson Grass O

Stellaria media * Common Chickweed O

Stephanomeria virgata Stephanomeria C

Torilis arvensis * Hedge-parsley R

Toxicodendron diversilobum Poison Oak R

Trifolium sp. * Clover C

Vitis girdiana Desert Grape R

Xanthium strumarium * Cocklebur R

Xylococcus bicolor Mission Manzanita C

Yucca whipplei Our Lord's Candle C

Total = 85 species of native and naturalized plants.

* = non-native taxon. Bold = sensitive species.

Habitat codes:

R = Southern Coast Live Oak Riparian Forest

C = Granitic Southern Mixed Chaparral

O = Orchards and Vineyards

22

TABLE 2. FAUNA CHECKLIST - THE EDWARDS GRADING PLAN PROJECT

Scientific Name Common Name Habitat

Birds

Aimophila ruficeps canescens Southern CA Rufous-crowned Sparrow C

Aphelocoma coerulescens Scrub Jay R

Archilochus anna Anna's Hummingbird R

Callipepla californica California Quail C

Carduelis psaltria Lesser Goldfinch R

Carpodacus mexicanus Housefinch C

Cathartes aura Turkey Vulture f

Chamaea fasciata Wrentit C

Colaptes auratus Common Flicker R

Dendrocopos nuttallii Nuttall's Woodpecker R

Parus inornatus Oak Titmouse R

Pipilo crissalis California Towhee C

Pipilo erythrophthalmus Rufous-sided Towhee R

Thryomanes bewickii Bewick's Wren R

Tyrannus verticalis Western Kingbird O

Zenaida macroura Mourning Dove f

Mammals

Canis latrans Coyote scats

Neotoma sp. Woodrat nests

Sylvilagus audubonii Desert Cottontail 1+

Urocyon cinereoargenteus Gray Fox scats

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TABLE 2. FAUNA CHECKLIST - THE EDWARDS GRADING PLAN PROJECT (PAGE 2)

Scientific Name Common Name Habitat

Reptiles

Crotalus ruber ruber Northern Red Diamond Rattlesnake C

Sceloporus occidentalis Western Fence Lizard O

Uta stansburiana Side-blotched Lizard C

Butterflies

Erynnis sp. Duskywing f

Pontia protodice Common White C

Vanessa cardui Painted Lady f

Basilarchia lorquini Lorquin’s Admiral R

Total = 27 species of animals detected: 16 birds, 4 mammals, 3 reptiles, and 4 butterflies.

Habitat codes as in Table 1.

f = flying over site.

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TABLE 3. IMPACT ANALYSIS: HABITATS - THE EDWARDS GRADING PLAN PROJECT Biological Resource Total Acres Onsite Acres Impacted Mitigation Mitigation (Post AG clearing) (Beyond AE 296) Required Provided Southern Mixed 6.9 acres 1.0 acre1 2.0 acres 2.0 acres offsite Chaparral (SMC) (1.0 acre @ 2:1) Southern Coast Live Oak Riparian Forest (SCLORF) (west crossing) n/a 0.14 acre 0.28 acre onsite restoration of (0.14 acre @ 2:1) 0.14 acre + 0.14 acre offsite for temporal loss (east crossing) n/a 0.10 acre 0.30 acre 0.10 acre (creation) (0.10 acre @ 3:1) + 0.20 acre (enhancement)2 CDFG n/a 0.10 acre agency permitting wetlands (unvegetated) (if required) TOTALS --- 1.34 acres 2.58 acres 2.58 acres

1 Includes the area that was permanently converted to agriculture, beyond that allowed under AE 296 2 Mitigation will occur offsite in a County-approved location

25

TABLE 4. SENSITIVE SPECIES KNOWN FROM THE VICINITY OF THE EDWARDS GRADING PLAN PROJECT

Scientific Name Common Name Fed

eral

ly E

ndan

gere

d

Fed

eral

ly T

hrea

tene

d

Sta

te T

hrea

tene

d

Coa

stal

Sag

e S

crub

M

ixed

Cha

parr

al

Gra

ssla

nd

Rip

aria

n

Oak

Woo

dlan

d

Cha

mis

e C

hapa

rral

Mix

ed C

onife

r

Clo

sed

Con

e F

ores

t

Piñ

on-J

unip

er

Fre

shw

ater

Mar

sh

Des

ert S

crub

D

eser

t Was

h

Sal

t or

Alk

ali M

arsh

Ver

nal P

ools

Mon

tane

Mea

dow

Coa

stal

or

Des

ert D

une

Lake

s an

d B

ays

Pro

babi

lity

of O

ccur

renc

e

Arctostaphylos rainbowensis Rainbow Manzanita X O Harpagonella palmeri Palmer's grappling hook X X X L Nolina cismontana Chaparral beargrass X X L Ophioglossum californicum California adder's tongue fern X X X L Bufo microscaphus californicus Arroyo toad X X X X X X X X L Coleonyx variegatus abbotti San Diego banded gecko X X X L Phrynosoma coronatum blainvillei San Diego horned lizard X X X X X X L Cnemidophorus hyperythrus Orange-throated whiptail X X X X X M Cnemidophorus tigris multiscutatus Coastal western whiptail X X X X M Anniella pulchra pulchra Silvery legless lizard X X X L Charina trivirgata roseofusca Coastal rosy boa X X X X M Diadophis punctatus similis San Diego ringneck snake X X X X X X X M Crotalus ruber ruber Northern red diamond rattlesnake X X X X X O Myotis yumanensis Yuma myotis X X X X X X X X X X X X X X M Myotis ciliolabrum Small-footed myotis X X X X X X X X X M Corynorhinus townsendii Townsend's big-eared bat X X X X X X X X X X X M Antrozous pallidus Pallid bat X X X X X X X X X X X X M Nyctinomops femorosaccus Pocketed free-tailed bat X X X X X X X X X X X X X X X X M Nyctinomops macrotis Big free-tailed bat X X X X X X X X X X X X X X X X M Eumops perotis californicus Greater western mastiff bat X X X X X X X X X X X X X X X X M Lepus californicus bennettii San Diego black-tailed jackrabbit X X X X X X X L Chaetodipus californicus femoralis Dulzura California pocket mouse X X X X X X M Dipodomys stephensi Stephen's kangaroo rat X X X X L Neotoma lepida intermedia San Diego desert woodrat X X X X L Onychomys torridus ramona Southern grasshopper mouse X X X X L Taxidea taxus American badger X X X X X X X X X X L Bassariscus astutus Ringtail X X L Felis concolor Mountain lion X X X X X X X X X X X L Odocoileus hemionus Southern mule deer X X X X X X X X X X X X L Accipiter striatus Sharp-shinned hawk X X X M Amphispiza belli belli Bell's sage sparrow X X X L Aquila chrysaetos Golden eagle X X X X X X X X L Cathartes aura Turkey vulture X X X X X X X X O Lanius ludovicianus Loggerhead shrike X X X X X X M Polioptila californica californica California gnatcatcher X X L

26

REFERENCES Burt, W.H. and R.P. Grossenheider. A field guide to the mammals. Houghton-Mifflin Company,

1966. 289p. California Department of Fish and Game. 1990. Designated endangered or rare plants. Summary

list from Section 1904, Fish and Game Code, State of California Resources Agency, Sacramento. California Department of Fish and Game. 1990. Endangered, rare or threatened animals of California.

Summary list from Section 1904, Fish and Game Code, State of California Resources Agency, Sacramento.

California Department of Fish and Game. 1990. Special animals. Natural Diversity Data Base, State of

California Resources Agency, Sacramento. Holland, R.F. 1986. Preliminary descriptions of the terrestrial natural communities of California.

State of California, Nongame-Heritage Program. 156p. Jameson, E.W., and H.J. Peeters. 1988. California Mammals. California Natural History Guides: 52.

Univ. Calif. Press, Berkeley, CA. Munz, P.A. 1974. A flora of Southern California. University of California Press. Berkeley. 1086p. Peterson, R.T. 1966, A field guide to western birds. Houghton-Mifflin Company, 1966. 366p. Raven, P.H., Thompson, H.J., and B.A. Prigge. 1986. Flora of the Santa Monica Mountains, California.

Southern California Botanists, Special Publication No. 2., Los Angeles. 181p. Scheidt, V.N. 1980. Status of the amphibians of San Diego County. San Diego County Fish and

Wildlife Committee (Unpublished) 36p. San Diego Herpetological Society. 1988. Survey and status of endangered and threatened species of

reptiles natively occurring in San Diego County. San Diego County Fish and Wildlife Committee (Unpublished) 24p.

Smith, J.P. and K. Berg. 1988. Inventory of rare and endangered vascular plants of California.

California Native Plant Society, Sacramento. 168p. Stebbins, R.C. 1985. A field guide to western reptiles and amphibians. Houghton Mifflin Company, Boston. 336p Tate, J.A. 1986. The blue list for 1986. American Birds 40 (2); 227-235.

27

Attachment A

REVEGETATION MITIGATION PLAN – THE EDWARDS GRADING PLAN PROJECT