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''',0' ■ m (U. j o��Av V o iii n , e A CD 1 Gee L y c Y o �! ■ r A.Q .4.I 1 9 J _ , e,o3 t� C a,i, GaYatan• �� �� .,r1 „, ,.. 6 C aJ0- d — Iiiiri_,1, • ... -, ..0,,, i . h varielM6_ i ( 1 , e 1 _ C W ' • V . o .g * , w o• a Gam' ,\ • 1. �e 4 ,, • ,.,2\ Chapter 4 Conservation Zones Table of Contents 4.1 Conservation Zone 1 4-3 4.1.1 Background 4-3 4.1.2 Conservation Priorities 4-4 4.1.3 Summary 4-4 4.2 Conservation Zone 2 4-4 4.2.1 Background 4-4 4.2.2 Conservation Priorities 4-5 4.2.3 Summary 4-6 4.3 Conservation Zone 3 4-6 4.3.1 Background 4-6 4.3.2 Conservation Priorities 4-6 4.3.3 Summary 4-7 4.4 Conservation Zone 4 4-8 4.4.1 Background 4-8 4.4.2 Conservation Priorities 4-8 4.4.3 Summary 4-9 4.5 Conservation Zone 5 4-10 4.5.1 Background 4-10 4.5.2 Conservation Priorities 4-11 4.5.3 Summary 4-12 4.6 Conservation Zone 6 4-13 4.6.1 Background 4-13 4.6.2 Conservation Priorities 4-13 4.6.3 Summary 4-15 4.7 Conservation Zone 7 4-15 4.7.1 Background 4-15 4.7.2 Conservation Priorities 4-16 4.7.3 Summary 4-17 4.8 Conservation Zone 8 4-17 4.8.1 Background 4-17 4.8.2 Conservation Priorities 4-17 4.8.3 Summary 4-18 East Alameda County Conservation Strategy 4-1 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.9 Conservation Zone 9 4-19 4.9.1 Background 4-19 4.9.2 Conservation Priorities 4-19 4.9.3 Summary 4-21 4.10 Conservation Zone 10 4-21 4.10.1 Background 4-21 4.10.2 Conservation Priorities 4-22 4.10.3 Summary 4-24 4.11 Conservation Zone 11 4-25 4.11.1 Background 4-25 4.11.2 Conservation Priorities 4-25 '4.11.3 Summary 4-26 4.12 Conservation Zone 12 4-26 4.12.1 Background 4-26 4.12.2 Conservation Priorities 4-27 4.12.3 Summary 4-28 4.13 Conservation Zone 13 4-28 4.13.1 Background 4-28 4.13.2 Conservation Priorities 4-29 4.13.3 Summary 4-30 4.14 Conservation Zone 14 4-31 4.14.1 Background 4-31 • 4.14.2 Conservation Priorities 4-31 4.14.3 Summary 4-32 4.15 Conservation Zone 15 4-33 4.15.1 Background 4-33 4.15.2 Conservation Priorities 4-33 4.15.3 Summary 4-35 4.16 Conservation Zone 16 4-35 4.16.1 Background 4-35 4.16.2 Conservation Priorities 4-35 4.16.3 Summary 4-37 4.17 Conservation Zone 17 '4-38 4.17.1 Background 4-38 4.17.2 Conservation Priorities 4-38 4.17.3 Summary 4-39 4.18 Conservation Zone 18 4-40 4.18.1 Background 4-40 4.18.2 Conservation Priorities 4-40 4.18.3 Summary 4-41 • East Alameda County Conservation Strategy 4-2 October 2010 ICF 00906.06 • Chapter 4 Conservation Zones • Eighteen discrete units, or conservation zones(CZs),were developed for this Conservation Strategy to identify locations for conservation actions in areas with the same relative ecological function as those areas where impacts occur. Designating CZs provides a description of specific areas where conservation actions, such as land acquisition, will occur without identifying individual parcels.Tables 4-1 through 4-18 illustrate the acreage of each land cover type present in each conservation zone. This chapter discusses the conservation value and conservation acreage goals for each CZ as described in Section 3.4.2, • Geographic Units of Conservation, in Chapter 3. In addition, conservation priorities were assessed for focal species on the basis of suitable habitat and designated critical habitat (when applicable) in each CZ. Tables 4-19a-e show the modeled suitable habitat for focal species in each CZ based on Conservation Strategy habitat models;Table 4-20 shows the critical habitat designated by USFWS in each zone for those federally listed focal species for which such habitat has been designated. The discussion of each CZ should be reviewed during project development to give regional context to the effects of anticipated project-level impacts or the benefits of proposed mitigation. Conservation priorities are highlighted for each CZ to ensure that the relative importance of each feature is not lost during project-level discussion. However,the list of conservation priorities is not exhaustive.The conservation value of resources that will be lost to project development or gained through mitigation should be considered on a case-by- case basis. The conservation zone discussions below merely provide context within which those more specific analyses can occur. 4.1 Conservation Zone 1 4.1.1 Background CZ-i is located in the northwestern corner of the Conservation Strategy study area along Pleasanton Ridge. This 1,672-acre CZ is largely comprised of the southern portion of Big Canyon-watershed and is bordered on the south by I- 580 and on the north by the Alameda—Contra Costa County line. 1-680 is to the east and nearly touches the northeast corner of CZ-1.Table 4-1 shows the acreage of land cover types in CZ-1, based on Figure 2-8, as well as the proportion of each type that is currently under some form of protection.The most prevalent natural land cover types found in this CZ are annual grassland (780 acres), mixed evergreen forest/oak woodland (204 acres), and mixed riparian forest and woodland (140 acres) (Table 4-1). • • East Alameda County Conservation Strategy 4-3 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.1.2 Conservation Priorities • CZ-1 contains 5% (112 acres)of the study area's unprotected mixed riparian forest and woodland (Table 4-1). Mixed riparian forest and woodland occurs in three distinct areas in the CZ—along Dublin Creek and two smaller creeks to the north, all of which have their headwaters in the East Bay Hills and flow into the • city of Dublin.This is a relatively rare land cover in the region, with only 2,110 acres [this is not what Table 4-1 says] total in the study area. CZ-1 contains 543 acres of unprotected critical habitat for California red-legged frog, or 0.4% of the total unprotected critical habitat for this species in the study area (Table 4-20). The CNDDB lists six occurrences for this species in CZ-1 that should be investigated as potential breeding locations (California Natural Diversity Database 2009). CZ-1 also contains 885 unprotected acres and 278 protected acres of Alameda whipsnake Recovery Unit 2 (Table 4-19b). 4.1.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation • opportunities in the future. Conservation priorities for CZ-1 are listed below. s Protection of and restoration opportunities within mixed riparian forest along Dublin Creek and other small creeks. a Protection of California red-legged frog critical habitat, especially occupied breeding locations. n Protection of habitat within Alameda whipsnake Recovery Unit 2. ® Surveys for Alameda whipsnake throughout CZ and protection of habitat, including stands of mixed evergreen forest/oak woodland and grassland between stands that could be used as movement habitat. a Protection of annual grassland in this CZ should be focused in areas that support focal plant populations and provide non-breeding habitat for focal amphibians (uplands around aquatic breeding sites). 4.2 Conservation Zone 2 4.2.1 .Background CZ-2 encompasses 37,066 acres of the largely urbanized Livermore Valley in the northern portion of the study area. This CZ includes the intersection of 1-680 and 1-580 and the intersection of SR 84 and 1-580. The southern and western • boundaries of this CZ follow the Livermore watershed boundary;the northeast East Alameda County Conservation Strategy 4-4 October 2010 ICF 00906.08 Chapter 4 Conservation Zones boundary is formed by 1-580. Table 4-2 shows the acreage of each land cover • present in CZ-2, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. Though this area is largely urbanized, the dominant natural land cover types in this conservation zone are annual grassland (3,409 acres) and mixed riparian forest and woodland (410 acres), as shown in Table 4-2. 4.2.2 Conservation Priorities CZ-2 contains 20%of the study area's unprotected stream mileage (Table 4-2), although most of those pass through urban areas. CZ-2 contains a portion of the study area's streams:Arroyo Seco, Arroyo Las Positas, Arroyo Mocho, Arroyo Valle, and Arroyo de la Laguna. Riverine habitat supports California red-legged frog and in the future could support central California coast steelhead.This CZ contains 11% (323 acres) of the study area's unprotected modeled California red-legged frog breeding habitat (Table 4-19b). Much of this habitat is found in the CZ's ponds, most of which are in urban areas. Assuming downstream barriers are removed or modified,Arroyo Mocho could be a migratory stream for central California Coast steelhead, according to Gunther et al. (2000). CZ-2 contains 51% (341 acres) of the study area's unprotected mixed willow riparian scrub(Table 4-2). Mixed willow riparian scrub in this CZ occurs primarily • along the Arroyo Valle and Arroyo Mocho streams and provides habitat for California red-legged frog, tricolored blackbird, and in some cases foothill yellow-legged frog, depending on the stream condition. CZ-2 also contains 23% (83 acres) of the study area's unprotected pond acreage (Table 4-2); however, many of these ponds are industrial in nature (e.g.,golf course) and provide limited habitat value for focal species depending on the adjacent habitat. In addition, CZ-2 contains 11% (7,991 acres) of the study area's unprotected • potential habitat for burrowing owl (Table 4-19c). The bulk of the potential • habitat for this species is northeast of the intersection of 1-580 and 1-680 and north of 1-580 just west of SR 84 in ruderal and rural residential land covers in Dublin. There are additional habitat and known occurrences in eastern Livermore. Though most of this CZ is urbanized, small pockets of burrowing owl habitat occur throughout. CZ-2 also contains 15% (1,007 acres) of the unprotected CZ-2 contain 2% (4,215 acres) of modeled San Joaquin kit fox habitat. The highest quality habitat for kit fox is on the eastern edge of this CZ on the east side of Livermore, both north and south of 1-580. Congdon's tarplant habitat in the study area (Table 4-19e). This habitat is in the far eastern part of the CZ in annual grassland just outside the Livermore city limits, and contains four CNDDB occurrences for this species. In addition, CZ-2 contains 17% (638 acres) of the study area's unprotected modeled San Joaquin spearscale modeled habitat (Table 4-19e) in the northwest corner of the CZ near the intersection of 1-680 and 1-580, and in the northeast corner of the CZ just south of 1-580. Small, • East Alameda County Conservation Strategy 4-5 October 2010 ICF 00906.08 • Chapter 4 Conservation Zones • disjunct patches of potentially suitable habitat occur along 1-580, one of which contains two CNDDB records for this species. 4.2.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation • opportunities in the future. Conservation priorities for CZ-2 are listed below. • Protection of burrowing owl nesting and foraging habitat. • Protection of and restoration opportunities in mixed willow riparian scrub along Arroyo Valle and Arroyo Mocho. • Protection of and restoration opportunities along Arroyo Seco and Arroyo Mocho to support California red-legged frog and future central California coast steelhead habitat. • Surveys for San Joaquin spearscale and protection of extant populations. • Surveys for Congdon's tarplant and protection of extant populations. • Protection of vernal pool habitat. 4.3 Conservation Zone 3 4.3.1 Background • CZ-3 is located in the northwestern part of the Conservation Strategy study area on the Livermore Uplift. This 9,768-acre CZ is bordered on the south by CZ-2 and on the east by CZ-4 and encompasses portions of the Daugherty Hills, Lower Tassajara Creek, Cottonwood Creek, and Cayetano Creek watersheds. The most prevalent natural land cover types are annual grassland (8,226 acres) and mixed riparian forest and woodland (91 acres) (Table 4-3). Other notable land cover types that persist in small quantities (less than 20 acres) in CZ-3 are mixed willow riparian scrub, pond, and seasonal wetland. Table 4-3 shows the acreage of each land cover present in CZ-3, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. 4.3.2 Conservation Priorities CZ-3 contains 8% (8,226 acres) of the study area's unprotected annual grassland, 2% (11 acres)of the study area's unprotected seasonal wetland, and 5% (19 acres) of the study area's unprotected pond acreage (Table 4-3). • Seasonal wetlands are found in the northwest corner of CZ-3 in Tassajara Creek East Alameda County Conservation Strategy 4-6 October 2010 ICF 00906.08 Chapter 4 Conservation Zones Regional Park(designated Type 3/Type 4 open space). There were 38 ponds • (totaling 19 acres) identified during land cover mapping for this Conservation Strategy, mainly east of Cottonwood Creek. Of the 38 ponds, all but two are currently unprotected. The relationship between these land cover types and the surrounding annual grasslands provide breeding and upland habitat for California red-legged frog and California tiger salamander.This is one of the most noteworthy features of this CZ. The protection of contiguous annual grasslands with known California red-legged frog and California tiger salamander breeding sites should be a priority for protection and management in this CZ. Protection of annual grasslands around breeding sites for California red-legged frog and California tiger salamander would have additional benefits for other focal wildlife species such as tricolored blackbird, burrowing owl, San Joaquin kit fox, and American badger. CZ-3 contains 45% (3,055 acres) of the study area's unprotected Congdon's tarplant habitat (Table 4-19e), as defined by Conservation Strategy habitat models, and three of the study area's seven CNDDB occurrences for this species (California Natural Diversity Database 2009). Protection of these three occurrences should be a priority, along with survey efforts in other like habitats. In addition, CZ-3 contains 9% (360 acres) of the study area's total unprotected suitable habitat for San Joaquin spearscale (Table 4-19e), as defined by Conservation Strategy habitat models. In fact,five of the twelve San Joaquin spearscale occurrences in the study area are in CZ-3. Protection of these • occurrences should be a priority. Finally, CZ-3 contains 7,426 acres of unprotected critical habitat for California red-legged frog and 1,178 acres of unprotected critical habitat for California tiger salamander—the entirety of critical habitat for the latter species in the study area (Table 4-20). Protection of California tiger salamander critical habitat should be a priority in CZ-3. 4.3.3 Summary • Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-3 are listed below. ® Protection of California tiger salamander critical habitat. ® Protection of known occurrences of San Joaquin spearscale and surveys of other potential habitat. • Protection of known occurrences of Congdon's tarplant and surveys of other potential habitat. o Protection of known California tiger salamander and California red-legged frog breeding habitat, sufficient upland habitat surrounding those sites, and East Alameda County Conservation Strategy 4-7 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • connections between breeding and upland habitat Typically this is annual grassland. ® Protection of California red-legged frog critical habitat. ■ Protection and restoration of mixed riparian forest and scrub and mixed willow riparian scrub along Tassajara, Cottonwood, and Cayetano Creeks. 4.4 Conservation Zone 4 4.4.1 Background Encompassing 9,409 acres conservation zone, CZ-4 is located in the north central part of the Conservation Strategy study area in the Livermore Valley. CZ- 4 is defined largely by the northeastern portion of the Livermore watershed, with the southern boundary of the CZ defined by 1-580. Table 4-4 shows the acreage of each land cover present in CZ-4, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in • Table 4-4, dominant natural land cover types found in this conservation zone are annual grassland (4,253 acres), alkali meadow and scald (258 acres), valley sink scrub (410 acres), alkali wetland (106 acres), and seasonal wetland (347 • acres). 4.4.2 Conservation Priorities CZ-4 contains 22% (189 acres) of the study area's unprotected acres of alkali meadow and_scald, 64% (343 acres) of the study area's unprotected seasonal wetland, and 99% (410 acres) of the study area's valley sink scrub (Table 4-4). Alkali meadow and scald is found in the center of this CZ,just north of Livermore at the Springtown Alkali Sink. Some, but not all, of this alkali meadow and scald is protected in the Springtown Preserve. The Springtown Alkali Sink provides potential habitat for a number of Conservation Strategy focal species: Palmate-bracted bird's-beak, San Joaquin spearscale,Congdon's tarplant, • longhorn fairy shrimp, and vernal pool fairy shrimp. Protection of the sink as well as the watersheds that feed the sink should be a conservation priority in this CZ. Seasonal wetland is also found in the Springtown Alkali Sink, interspersed with . the alkali meadow and scalds, extending along the northern edge of Arroyo Las Positas to the CZ's eastern border. The protection of this area of wetland provides a unique conservation opportunity because it would provide a linkage between Springtown Preserve and its upper watershed, including Brushy Peak Regional Preserve in CZ-5.This region also contains 19%(12 acres) of the study area's unprotected perennial freshwater marsh (Table 4-4), extending east • along Altamont Creek from Spririgtown Golf Course.Throughout the eastern East Alameda County Conservation Strategy 4-8 October 2010 ICF 00906.08 Chapter 4 Conservation Zones half of this CZ, there are 31 ponds encompassing 11 acres.These ponds provide • breeding habitat for California tiger salamander and potentially for California red-legged frog. Nearly all these ponds are currently protected in a private mitigation bank. Thirty-eight percent (1,452 acres) of the study area's unprotected San Joaquin spearscale habitat is in this CZ (Table 4-19e),with the vast majority occurring in the vicinity of the Springtown Alkali Sink, including two of the 12 CNDDB occurrences in the study area (California Natural Diversity Database 2009). In addition, CZ-4 contains 15% (1,001 acres) of the study area's unprotected Congdon's tarplant habitat (Table 4-19e), some of which is in the Springtown Alkali Sink. One of the seven CNDDB occurrences is found in this area. Protection of that occurrence and surveys for additional occurrences within modeled habitat should be a priority in this CZ. Additional Congdon's tarplant modeled habitat occurs southwest of the Springtown Alkali Sink in annual grassland along North Livermore Avenue.The only known occurrence of palmate-bracted bird's-beak is located in the Springtown Alkali Sink.This population has been surveyed extensively and portions of it are under some level of protection. Complete protection of this population and enhancement in the Springtown Alkali Sink through management is a high priority in this CZ. CZ-4 contains 45% (900 acres) of the study area's unprotected longhorn fairy shrimp habitat and 37% (921 acres) of the study area's unprotected vernal pool • fairy shrimp habitat (Table 4-19a). More importantly,this CZ contains 94% (892 acres) of the study area's designated critical habitat for vernal pool fairy shrimp (Table 4-20). The most prominent feature for California tiger salamander in this CZ is Frick Lake, located on its eastern edge. This is a regionally important breeding site for California tiger salamander and is likely a source population for this part of Alameda County. Additionally, the portion of Arroyo Las Positas that flows through Springtown Alkali Sink provides potential non-breeding habitat for California red-legged frog. Finally, the northern region of the CZ contains a • small portion (605 acres) of Recovery Unit 4 for Alameda whipsnake (Table 4- 19b);the preservation of this habitat should be a conservation priority for the CZ. • 4.4.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-4 are listed below. is Protection and management of alkali meadow and scald,valley sink scrub, seasonal wetland, and perennial freshwater marsh in the Springtown Alkali Sink and surrounding watershed. a Protection of the palmate-bracted bird's beak population. • East Alameda County Conservation Strategy 4-9 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • s Protection of Frick Lake and surrounding uplands for California tiger salamander. El Protection within vernal pool species recovery units. a Protection of vernal pool and longhorn fairy shrimp habitat. a Protection of designated critical habitat for vernal pool and longhorn fairy shrimp. a Surveys for vernal pool and longhorn fairy shrimp and protection of documented occurrences. a Protection of known occurrences of San Joaquin spearscale and surveys of other potential habitat. a Protection of known occurrences of Congdon's tarplant and surveys of other potential habitat. • a Protection of designated critical habitat for California red-legged frog. a Protection and restoration of Cayetano Creek, Arroyo Los Positas, and Altamont Creek. a Protection of suitable habitat for Alameda whipsnake. o Protection and enhancement of linkages across 1-580 and Vasco Road for San Joaquin kit fox and American badger, including protection of lands on • both sides of the roadways. 4.5 Conservation Zone 5 4.5.1 Background CZ-5 is located in the northeastern section of the Conservation Strategy study area in the Altamont Hills.This 8,702-acre CZ is made up of a majority of the Altamont Creek and Brushy Peak watersheds, with its southern boundary formed by 1-580. Table 4-5 shows the acreage of each land cover present in CZ- 5, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-5, natural land cover types found in this conservation zone include annual grassland (7,528 acres), alkali meadow and scald (230 acres), coast live oak forest and woodland (146 acres), and alkali wetland (127 acres) (Table 4-5). An additional notable land cover in this CZ is blue oak woodland, at 42 acres (Table 4-5). This is the only stand of blue oak woodland mapped north of 1-580 in the study area. • East Alameda County Conservation Strategy 4-10 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.5.2 Conservation Priorities • • CZ-5 contains 26% (230 acres) of the study area's unprotected alkali meadow and scalds (Table 4-5);these occur in the eastern portion of the CZ in valleys and swales and along creeks, such as Arroyo Las Positas. This CZ also has 15% (127 acres) of the study area's unprotected alkali wetland (Table 4-5), also along Arroyo Las Positas in the southern part of the CZ.These areas along Arroyo Las Positas also support seasonal wetland, which also occurs near the western border of the CZ just north of Springtown Alkali Sink. CZ-5 contains 2% (8 acres) of the study area's unprotected seasonal wetlands (Table 4-5). Protection of Arroyo Las Positas should be a priority for this CZ, as should identification of potential restoration opportunities that will enhance this stream. This CZ contains 25 ponds (9 acres),five of which are already protected. Of these 25 ponds, those that support breeding habitat for California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support species. Ponds within 1.3 miles of other known California red-legged frog or California tiger salamander breeding sites are the highest priority. Protection of annual grassland in this CZ should be focused in areas where it supports focal plant populations, provides non-breeding habitat for focal amphibians (uplands around aquatic breeding sites), and movement and foraging habitat for San Joaquin kit fox. CZ-5 also supports a small island of oak woodland (identified as blue oak • woodland during land cover mapping for this strategy) in the western part of the CZ north of Livermore (Figures 3-2 through 3-5). While these 42 acres are a small portion (0.2%) of the unprotected blue oak woodland in the study area (Table 4-5), the stand is significantly isolated from other blue oak woodland communities and may,therefore, support a high level of genetic uniqueness. This area should be protected and surveyed to more accurately identify the type of oak woodland that is there. This CZ contains 9% (357 acres) of the study area's unprotected San Joaquin spearscale modeled habitat (Table 4-19e), including two of the 12 CNDDB occurrences for this species in the study area (California Natural Diversity Database 2009). CZ-5 also contains 14% (3,363 acres) of the study area's unprotected big tarplant modeled habitat in annual grassland in the higher elevations of the CZ (Table 4-19e), and 8% (505 acres) of the study area's unprotected Congdon's tarplant modeled habitat (Table 4-19e) in annual grassland along the western border of the CZ. Surveys in these habitats for undiscovered focal plant occurrences should be a priority in this CZ, along with protection of any identified focal plant populations. In addition, CZ-5 supports 7% (180 acres) of the study area's unprotected vernal pool fairy shrimp habitat (Table 4-19a) in the northern part of the CZ, near Brushy Peak.This CZ also supports 133 acres of unprotected longhorn fairy shrimp critical habitat (Table 4-20). This constitutes 50%of all unprotected • East Alameda County Conservation Strategy 4-11 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • critical habitat for this species found in the study area and includes the single CNDDB occurrence (California Natural Diversity Database 2009). Finally, much of CZ-5 provides suitable habitat for San Joaquin kit fox and golden eagle. This area likely supports connectivity through the Altamont Hills for San Joaquin kit fox. Connectivity across 1-580 has been compromised by construction of infrastructure. Further degradation of this westernmost linkage for kit fox should be disallowed, and opportunities to enhance that linkage (i.e., removal of movement barriers)should be explored as conservation/mitigation actions in this CZ.This area has also been identified as an important foraging area for golden eagles and nesting area for burrowing owls. Unfortunately, due to the presence of wind power facilities,there are limited mitigation opportunities for golden eagle in this CZ. 4.5.3 Summary - Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-5 are listed below. • Protection of designated critical habitat for longhorn fairy shrimp,which will also provide protection to vernal pool fairy shrimp. • • Protection of the isolated blue oak woodland community. is Enhancement of linkages across 1-580 for San Joaquin kit fox and protection of lands on the north side of the roadway. El Protection of alkali meadow and scalds, which will also provide protection for San Joaquin spearscale habitat. a Protection of known occurrences of San Joaquin spearscale and surveys of other potential habitat. a Protection of known occurrences of Congdon's tarplant and surveys of other potential habitat. a Protection of seasonal wetlands along Arroyo Las Positas. • Protection of annual grassland in this CZ should be focused in areas where it supports focal plant populations, provides upland and refugia habitat for focal amphibians,and movement and foraging habitat for San Joaquin kit fox. • Protection of foraging habitat for golden eagle and nesting habitat for burrowing owl. • • East Alameda County Conservation Strategy 4-12 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.6 Conservation Zone 6 • 4.6.1 Background CZ-6 is located near the northeast corner of the Conservation Strategy study area in the Altamont Hills. This 14,475-acre CZ contains Bethany Reservoir and is made up of portions of the Upper Kellogg Creek, Brushy Creek, Bethany • Reservoir, Mountain House, and Mountain House Creek watersheds. The southern boundary of CZ-6 is formed by 1-580. Table 4-6 shows the acreage of each land cover present in CZ-6, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-6, the dominant natural land cover types in this CZ are annual grassland (12,888 acres), alkali wetland (380 acres), and reservoir(177 acres). 4.6.2 Conservation Priorities CZ-6 contains 61% (380 acres) of the study area's unprotected alkali wetland, scattered throughout the conservation zone (Table 4-6). Protection of this land cover should be pursued in the CZ. Protection of areas that support focal species should be given priority. CZ-6 also contains 50% (27 acres) of the study area's unprotected rock outcrop(Table 4-6), located in the northwest portion of the CZ near Brushy Peak.This area provides habitat for longhorn fairy shrimp. Protection of these rock outcrop features should be a priority for this CZ. • Additionally, CZ-6 contains 9% (57 acres) of the unprotected seasonal wetland in the study area (Table 4-6). Seasonal wetland is scattered throughout the western side of the CZ, interspersed with alkali wetland. While a small portion of it is protected in Type 2 open space (9 acres),the majority of the seasonal wetland in this CZ is unprotected (Table 4-6). Seasonal wetland provides breeding habitat for California tiger salamander and California red-legged frog and potentially for vernal pool fairy shrimp and longhorn fairy shrimp. Additional habitat for these species occurs in the CZ's 53 ponds, of which only two are currently protected. The existence of these seasonal wetlands and ponds in a matrix of annual grassland provides a valuable conservation opportunity for California tiger salamander and California red-legged frog, as this type of habitat composition provides upland habitat and breeding habitat in close proximity to one another. With proper management, some of these ponds can also provide habitat for tricolored blackbird. CZ-6 contains 12% (12,345 acres) of the unprotected annual grassland in the study area (Table 4-6). Annual grassland provides habitat for big tarplant, burrowing owl,American badger, and San Joaquin kit fox, as well as non- • breeding upland habitat for California red-legged frog and California tiger - salamander. Annual grassland in this CZ also supports 12% (8,642 acres) of the study area's unprotected modeled burrowing owl habitat (Table 4-19c) as well • East Alameda County Conservation Strategy 4-13 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • as 9% (12,517 acres) of the study area's unprotected modeled American badger habitat (Table 4-19d).Additionally, much of the annual grassland in CZ-6 provides suitable habitat for San Joaquin kit fox;this area potentially supports connectivity across the Altamont Hills. Connectivity across 1-580 has been compromised by construction of infrastructure;further degradation of this linkage for kit fox should be disallowed, and opportunities to enhance that linkage (i.e., removal of movement barriers)should be explored as high priority conservation/mitigation actions in this CZ. Finally, CZ-6 supports a few scattered patches of mixed evergreen forest/oak woodland along Brushy Creek in the northwest corner of the CZ. While it is only a small portion (0.8 acre) of the unprotected mixed evergreen forest/oak woodland in the study area, it is isolated from other mixed evergreen forest/oak woodland communities and may,therefore, support a high level of genetic uniqueness. If it is determine that retaining the stand of mixed evergreen forest/oak woodland is important then protection of this 0.8 acre should be a priority in this CZ. Eleven percent (417 acres) of the study area's unprotected San Joaquin spearscale habitat (Table 4-19e), along with 1 CNDDB occurrence, is found in scattered pockets of alkali wetland across the CZ (California Natural Diversity Database 2009). Protection of that occurrence and surveys for undocumented occurrences in modeled habitat should be a priority for this CZ. Twenty-six • percent (6,078 acres) of the study area's unprotected big tarplant habitat is scattered across this CZ(Table 4-19e) in the higher elevations. Surveys for undocumented occurrences of big tarplant should also be a priority in modeled habitat in this CZ. The part of the CZ near Brushy Peak supports 50% (134 acres) of the study area's unprotected longhorn fairy shrimp critical habitat (Table 4-20), encompassing much of the aforementioned rock outcrop habitat. Protection of all critical habitat for longhorn fairy shrimp should be a priority in this CZ. CZ-6 also contains 9%(223 acres) of the study area's unprotected vernal pool fairy shrimp habitat (Table 4-19a). CZ-6 contains 15% (99 acres) of the study area's unprotected modeled breeding habitat for California tiger salamander and 11% (330 acres) of the study area's unprotected modeled breeding habitat for California red-legged frog (Table 4-19b). Much of the pond and seasonal wetland habitats as well as the surrounding annual grassland are designated as critical habitat for California red-legged frog. This CZ contains 10% (12,489 acres) of all critical habitat for California red-legged frog in the study area (Table 4-20). Protection of this critical habitat should be a priority in this CZ. The eastern edge of this CZ contains the "shoulder" of the Altamont Hills as they give way to the Central Valley.This area is an important movement corridor for San Joaquin kit fox, including a potentially important linkage to the northernmost portion of the species' range. Connectivity through the area is • compromised by roadways and water conveyance infrastructure (Bethany • East Alameda County Conservation Strategy 4-14 October 2010 ICF 00906.08 Chapter 4 Conservation Zones Reservoir, canals, and aqueducts),though movement through the area is still • possible. Retaining as much connectivity through this part of the study area as possible should be a high priority for this CZ. Additional degradation of the linkage as it exists should be disallowed. Improving movement corridors across • existing infrastructure (e.g., passage under roadways, bridges over canals) should be pursued as mitigation/conservation actions in this-CZ. 4.6.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-6 are listed below. m Protection of rock outcrops, including all critical habitat for longhorn fairy shrimp. m Protection of 0.8 acre of mixed evergreen forest/oak woodland. m Enhancement of linkages across 1-580 and existing water conveyance infrastructure for San Joaquin kit fox and protection of lands on the north side of 1-580. m Protection of alkali wetland, which will also provide protection for San Joaquin spearscale habitat. • m Protection of known occurrences of San Joaquin spearscale and surveys of other potential habitat. m Surveys for undocumented big tarplant occurrences in modeled habitat and protection of all new occurrences. m Protection and restoration of seasonal wetland and ponds to provide protected dispersal corridors between ponds and to increase habitat for California red-legged frog and California tiger salamander. m Protection of annual grassland in this CZ should be focused in areas where it supports focal plant populations, provides non-breeding habitat for focal amphibians (uplands around aquatic breeding sites), and movement and foraging habitat for San Joaquin kit fox. m Protection of nesting and foraging habitat for burrowing owl. 4.7 Conservation Zone 7 4.7.1 Background CZ-7 is located in the extreme northeast corner of the Conservation Strategy study area and extends slightly into the Central Valley. This 5,568-acre CZ is • East Alameda County Conservation Strategy 4-15 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • made up of small portions of the San Joaquin Delta and Carbons watersheds, with I-580 forming its southern boundary. This is the only CZ in the study area that drains east toward the Central Valley.Table 4-7 shows the acreage of each land cover present in CZ-7, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection.As shown in Table 4-7, dominant natural land cover types in this conservation zone are annual grassland (1,515 acres), alkali meadow and scald (182 acres), and pond (17 acres). Tables 4-19a-e show the modeled suitable habitat for focal species and Table 4-20 shows the critical habitat designated in each conservation zone. 4.7.2 Conservation Priorities CZ-7 contains 19% (165 acres) of the study area's unprotected alkali meadow and scalds (Table 4-7), all of which are in the northern part of this CZ near Byron Conservation Bank,a Type 1 open space.There may be the opportunity for expansion of Byron Conservation Bank to encompass this area of alkali meadow and scalds.These land covers provide habitat for San Joaquin spearscale, recurved larkspur, longhorn fairy shrimp, and vernal pool fairy shrimp. CZ-7 encompasses 8% (293 acres) of the study area's unprotected San Joaquin spearscale habitat (Table 4-19e),focused mainly in the northern portion of the • CZ and including one CNDDB occurrence (California Natural Diversity Database 2009). Protection of that occurrence should be a priority in this CZ. Additionally, CZ-7 contains 16% (312 acres) of the study area's unprotected modeled longhorn fairy shrimp habitat and 13% (319 acres)of the unprotected modeled vernal pool fairy shrimp habitat(Table 4-19a), all of which are in the alkali meadow and scald land cover discussed above.This alkali meadow and scald supports the only CNDDB occurrence of recurved larkspur in the study area (California Natural Diversity Database 2009). Protection of this occurrence should be the highest priority in this CZ.The northwestern corner of CZ-7 contains 701 acres of unprotected critical habitat for California red-legged frog, or 1% of all unprotected critical habitat in the study area for this species (Table 4-20). Because this corner of the study area drains toward the Central Valley, there should be an emphasis on protecting this critical habitat. The western edge of this CZ contains the "shoulder" of the Altamont Hills as they give way to the Central Valley. This area is an important movement corridor for San Joaquin kit fox, including a potentially important linkage to the northernmost portion of the species' range. Connectivity through the area is compromised by roadways and water conveyance infrastructure (canals and aqueducts),though movement through the area is still possible. Retaining as much connectivity through this part of the study area should be a high priority for conservation in this CZ. Additional degradation of the linkage as it exists should be disallowed. Improving movement corridors across existing '- infrastructure (e.g., passage under roadways, bridges over canals) should be • pursued as mitigation/conservation actions in this CZ. East Alameda County Conservation Strategy 4-16 October 2010 ICF 00906.08 Chapter 4 Conservation Zones 4.7.3 Summary • • Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-7 are listed below. m Protection of known occurrences of recurved larkspur and surveys of other potential habitat. ▪ Enhancement of and creation of additional linkages across existing water conveyance infrastructure for San Joaquin kit fox. • Protection of alkali meadow and scalds, which will provide protection of habitat for San Joaquin spearscale, recurved larkspur, longhorn fairy shrimp, and vernal pool fairy shrimp. ® Protection of known occurrences of San Joaquin spearscale and surveys of other potential habitat. m Protection of critical habitat for California red-legged frog. 4.8 Conservation ZoneS 4.8.1 Background • CZ-8 is located in the western portion of the Conservation Strategy study area in the East Bay Hills. This 18,016-acre CZ contains all of Sinbad Creek watershed along with large portions of the Indian Creek,Stonybrook Canyon, and Vallecitos Creek watersheds. The southern boundary of CZ-8 is formed by SR 84, and a segment of its eastern border is formed by 1-680.Table 4-8 shows the acreage of each land cover present in CZ-8, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-8, dominant natural land cover types in this CA are mixed evergreen forest/oak woodland (9,617 acres), annual grassland (4,778 acres), blue oak woodland (365 acres), and northern coastal scrub/Diablan sage scrub (363 acres). 4.8.2 Conservation Priorities CZ-8 contains 35% (297 acres) of the unprotected coast live oak forest and woodland in the study area (Table 4-8), a relatively rare land cover in the study area, in the southern portion of CZ-8 north of Alameda Creek. CZ-8 also contains 26% (6,482 acres) of the study area's unprotected mixed evergreen forest/oak woodland (Table 4-8),which is scattered relatively evenly throughout the CZ. Northern coastal scrub/Diablan sage scrub occurs in scattered patches throughout the southwest region of the CZ west of Sunol. CZ-8 contains 17% (324 acres)of the study area's unprotected acreage of this land cover(Table 4- • East Alameda County Conservation Strategy 4-17 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 8). CZ-8 also contains 11% (223 acres) of the study area's unprotected mixed riparian forest and woodland (Table 4-8), mainly along Alameda Creek, Sinbad • Creek, and Arroyo de la Laguna, as well as a number of smaller creeks and swales. CZ-8's creeks are a conservation priority because they provide potential habitat for foothill yellow-legged frog, among other species. Modeled breeding and movement habitat for foothill yellow-legged frog occurs along most of Sinbad Creek within this CZ, as well as along Gold Creek in the northern part of the CZ. In the future, assuming that downstream barriers are removed,these creeks will • also provide habitat for central California coast steelhead. Suitable spawning and rearing habitat for central California coast steelhead is present in CZ-8 along the southern reaches of Sinbad Creek and Arroyo de la Laguna and along the entire section of Stoneybrook Canyon Creek that flows through this CZ(Figure D-12). Annual grasslands in CZ-8 could provide habitat for Callippe silverspot butterfly, provided larval host and adult food plants are present. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist. CZ-8 contains 10% (7,192 acres) of unprotected modeled golden eagle nesting habitat in the study area (Table 4-19c), located in mixed evergreen forest/oak woodland distributed across the CZ. • This CZ contains 26%(10,134 acres) of the study area's unprotected critical habitat for Alameda whipsnake (Table 4-20) (U.S. Fish and Wildlife Service 2006), and the area along Alameda Creek in the south of the CZ supports dispersal (U.S. Fish and Wildlife Service 2003). CZ 8 also contains 9% (11,490 acres) of modeled suitable habitat in Recovery Unit 3 for Alameda whipsnake (Table 4-19b). Additionally,this CZ contains 0.7% (834 acres) of the study area's unprotected critical habitat for California red-legged frog(Table 4-20). Protection of documented Alameda whipsnake and California red-legged frog breeding sites and important dispersal corridors for Alameda whipsnake should be a high priority for protection in this CZ. 4.8.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-8 are listed below. ■ Protection of known and potential Alameda whipsnake breeding habitat. ■ Protection and management of northern coastal scrub/Diablan sage scrub, coast live oak forest and woodland, and annual grassland habitat matrix that could support all life history requirements of Alameda whipsnake. • East Alameda County Conservation Strategy 4-18 October 2010 ICF 00906.08 Chapter 4 Conservation Zones m Protection and restoration of Alameda Creek to improve Alameda • whipsnake dispersal habitat. a Protection of critical habitat for Alameda whipsnake and Recovery Unit 3. g Protection of critical habitat for California red-legged frog. ® Protection of and restoration opportunities in mixed riparian forest and woodland along Sinbad Creek, Stoneybrook Canyon,Arroyo de la Laguna, and Gold Creek. a Conduct surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. 4.9 Conservation Zone 9 4.9.1 Background CZ-9 is located in the eastern region of the Conservation Strategy study area. This 16,135-acre CZ contains Arroyo Seco and Patterson Pass watersheds in their entirety and is bounded to the north by 1-580. Table 4-9 shows the acreage of each land cover present in CZ-9, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-9, dominant natural land covers found in this conservation zone are annual grassland (11,704 acres), blue oak woodland (1,159 acres), and mixed evergreen forest/oak woodland (862 acres). 4.9.2 Conservation Priorities CZ-9 contains 7% (40 acres) of the study area's unprotected seasonal wetland (Table 4-9) along Mountain House Creek on the southern edge of 1-580. While the protection of seasonal wetland is a conservation priority for this Conservation Strategy, this wetland area's proximity to 1-580 renders it low- quality habitat for California tiger salamander and California red-legged frog because 1-580 prevents movement of those species north. This CZ also contains 11%(11,704 acres)of the study area's unprotected annual grassland (Table 4-9). Annual grassland covers most of this CZ, except for small urban patches along the,western edge of the CZ and areas of higher elevation in its southeast corner. This matrix of annual grassland includes a number of ponds. CZ-9 contains approximately 39 ponds (two of which are currently protected)totaling 28 acres, and making up 8% (28 acres) of the unprotected pond land cover in the entire study area (Table 4-9). Of these 39 ponds,those that support breeding California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support focal species. Ponds within 1.3 miles of other known red- legged frog or tiger salamander breeding sites are the highest priority.' • East Alameda County Conservation Strategy 4-19 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • Protection of annual grassland in this CZ should be focused in areas where it supports focal plant populations, provides non-breeding habitat for focal amphibians (uplands around aquatic breeding sites), and movement and foraging habitat for San Joaquin kit fox. Additionally,CZ-9 contains 3% (6 linear miles) of the study area's unprotected stream habitat (Table 4-9) in the southern reaches of Arroyo Seco,whose headwaters are in the CZ's southeast corner. Preservation and restoration of the upper reaches of Arroyo Seco should be a conservation priority, as this creek has the potential to support breeding and movement of foothill yellow-legged frog, according to species modeling. The annual grassland in CZ-9 supports a number of this strategy's focal species, including big tarplant, burrowing owl, American badger, and San Joaquin kit fox. CZ-9 contains 19% (4,435 acres) of the study area's unprotected modeled big tarplant habitat(as well as one CNDDB occurrence for this species), 11% (7,588 acres) of the study area's unprotected modeled burrowing owl habitat, 9% (12,365 acres) of the study area's unprotected modeled American badger habitat, and 9% (14,050 acres) of the study area's unprotected modeled San Joaquin kit fox habitat(Tables 4-19c,4-19d, 4-19e). Potential big tarplant habitat, a high conservation priority for this CZ, is found in the eastern part of the CZ, at elevations above 1,827 feet. This area likely supports connectivity through the Altamont Hills for San Joaquin kit fox and American badger. Connectivity across 1-580 has been compromised by infrastructure • development. Further degradation of this westernmost linkage for kit fox should be disallowed, and opportunities to enhance this linkage (i.e., removal of movement barriers)should be explored as conservation/mitigation actions in this CZ. This area has also been identified as an important foraging and nesting area for burrowing owls. Ponds in CZ-9 provide potential breeding habitat for focal species such as California tiger salamander, California red-legged frog, and tricolored blackbird. CZ-9 contains 10% (68 acres) of the study area's unprotected modeled California tiger salamander habitat (Table 4-19b), 9% (268 acres) of the study area's ' unprotected modeled California red-legged frog breeding habitat (Table 4-19b), and 8% (28 acres) of the study area's unprotected modeled tricolored blackbird breeding habitat (Table 4-19c). Additionally,CZ-9 contains 11,966 acres of critical habitat for California red-legged frog, or 9% of the study area's unprotected critical habitat for this species (Table 4-20). The protection of breeding habitat for California tiger salamander, California red-legged frog, and tricolored blackbird is a conservation priority in this CZ. Much of the breeding habitat for these species is in clustered ponds in the southwestern corner of the CZ. Additional modeled potential breeding habitat occurs in seasonal wetlands along the 1-580 corridor; however, due to the seasonal wetlands' proximity to a major interstate,the quality of this habitat is considered low. Consequently, conservation actions addressing breeding habitat for these species should be focused on pond habitat.The existence of these ponds in a matrix of annual grassland provides a notable conservation opportunity for California tiger • salamander, California red-legged frog, and tricolored blackbird, as this type of East Alameda County Conservation Strategy 4-20 October 2010 ICF 00906.08 Chapter 4 Conservation Zones habitat composition provides upland habitat and breeding habitat in close • association. 4.9.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-9 are listed below. o Protection of known occurrences of big tarplant and surveys of other potential habitat. ® Protection of critical habitat for California red-legged frog, especially occupied breeding locations. o Protection of annual grassland in this CZ should be focused in areas where it contains focal plant populations and provides non-breeding habitat for focal amphibians (uplands around aquatic breeding sites). ® Protection and restoration of Arroyo Seco to improve dispersal habitat for foothill yellow-legged frog. o Protection of ponds and other known California tiger salamander, California red-legged frog, and tricolored blackbird breeding habitat and sufficient upland habitat surrounding those sites. • e Protection and enhancement of linkages across 1-580 for San Joaquin kit fox and protection of lands on the south side of 1-580. 4.10 Conservation Zone 10 4.10.1 Background CZ-10 is located along the eastern boundary of the Conservation Strategy study area. This 26,144-acre CZ is made up of portions of the Mountain House, • Mountain House Creek, Patterson Run, Carnegie, Mitchell Ravine, Upper Corral Hollow Creek, and Carbona watersheds. The northern boundary of CZ-10 is formed by 1-580. Table 4-10 shows the acreage of each land cover present in CZ- . 10, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-10, dominant natural land covers found in CZ-10 include annual grassland (18,571 acres), blue oak woodland (2,685 acres), foothill pine/oak woodland (2,024 acres), and mixed evergreen forest/oak woodland (1,575 acres). • East Alameda County Conservation Strategy 4-21 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.10.2 Conservation Priorities CZ-10 is a very diverse CZ that provides a distinct opportunity to conserve a large number of land cover types in close proximity to one another, as well as the potentially valuable transition zones between them. Overall, the northern portion of the CZ is characterized by grassland,whereas the southern portion of the CZ is characterized by a variety of woodland and scrub types. Corral Hollow, which bisects the CZ just south of its midway point, seems to delineate the general boundary between these diverse land cover types. Corral Hollow supports 21% (11 acres) of the study area's unprotected rock outcrop(Table 4-10) near the CZ's western boundary in the Carnegie State Vehicular Recreation Area, a Type 3 open space area. Changing protections on this open space—converting it to Type 1 or Type 2 protection—would ensure that management goals were in line with the conservation goals of this strategy. Covering most of CZ-10 north of Corral Hollow is 17% (18,207 acres) of the study area's unprotected annual grassland (Table 4-10).This northern region of the CZ also contains 18% (156 acres) of the study area's unprotected alkali meadow and scalds (Table 4-10) in two main areas north of Patterson Run. A small portion of alkali meadow and scald is protected in a private Type 1 open space area.The addition to this open space area would provide an opportunity to conserve additional acreage of alkali meadow and scald, a relatively rare land cover in the study area and a conservation priority for this Conservation Strategy. Additionally,the northern area of the CZ supports 12% (72 acres) of the study area's unprotected alkali wetland (Table 4-10)just south of 1-580 along Mountain House Creek.The protection of alkali wetland is a conservation priority for this strategy, and protections along this creek would contribute to the conservation goals.Two isolated areas of mixed willow riparian scrub occur in the northern portion of the CZ near Patterson Run.The isolated character of these woodland patches increases the likelihood that they support genetic uniqueness;therefore,they should be a conservation priority. South of Corral Hollow,this CZ supports 14% (377 acres) of the study area's unprotected northern mixed chaparral/chamise chaparral, interspersed with 10% (187 acres) of the study area's unprotected northern coastal scrub/Mahlon sage scrub(Table 4-10). The majority of these land cover areas are near the CZ's eastern border in the Carnegie State Vehicular Recreation Area. Since protection varies with open space type, ensuring long-term protection and management of those resources is a conservation priority given their relative scarcity in the study area.The majority of the land cover south of Corral Hollow is a mix of oak and evergreen woodland areas, containing 12% (2,685 acres) of the study area's unprotected blue oak woodland and 10% (2,024 acres) of the study area's foothill pine/oak woodland (Table 4-10). Additionally,the far southern corner of the CZ supports an isolated patch of mixed serpentine chaparral,which, due to its isolation, may support genetic uniqueness and should be considered a conservation priority. This site presents the only opportunity to protect that • land cover type in this CZ. East Alameda County Conservation Strategy 4-22 October 2010 ICF 00906.08 Chapter 4 Conservation Zones CZ-10 contains 40% (9,375 acres) of the study area's unprotected modeled • habitat for big tarplant (Table 4-19e), as well as five of six total CNDDB occurrences in the study area (California Natural Diversity Database 2009). Survey work to detect unknown populations would be beneficial for this species, as would permanently protecting currently known occurrences. CZ-10 also contains 20% (24,659 acres) of the study area's unprotected critical habitat for California red-legged frog (Table 4-20) and 7% (213 acres) of the study area's unprotected modeled breeding habitat for this species (Table 4-19b). Approximately 58 ponds that are potential breeding habitat for this species are scattered across this CZ,with only one currently protected. Of these 58 ponds, determining which of those support breeding California red-legged frog, California tiger salamander, or tricolored blackbird is a high priority for the strategy, and protecting a substantial portion of those breeding ponds would be imperative to the long-term persistence of these species in the eastern part of the study area. Additionally, enhancing and protecting ponds that do not currently support these species would increase the likelihood of long-term persistence of these species. Ponds within 1.3 miles of other known red-legged frog or tiger salamander breeding sites are the highest priority.The situation of the northern ponds in a matrix of annual grassland provides an important conservation opportunity for California red-legged frog and tricolored blackbird, as this type of habitat composition provides upland habitat and breeding habitat in close association. The annual grassland in the northern half of the CZ supports a number of additional focal species' modeled habitats, including 15% (24,121 • acres) of the study area's unprotected modeled habitat for San Joaquin kit fox and 15% (20,405 acres) of the study area's unprotected modeled habitat for American badger(Table 4-19d). This CZ also accounts for 14% (9,654 acres) of the study area's unprotected modeled habitat for burrowing owl (Table 4-19c), along with'six breeding CNDDB occurrences for burrowing owl. This area likely supports connectivity through the Altamont Hills for San Joaquin kit fox. Connectivity across 1-580 has been compromised by infrastructure development. Further degradation of this westernmost linkage for kit fox should be disallowed, and opportunities to enhance that linkage (i.e., removal of movement barriers) should be explored as conservation/mitigation actions in this CZ.This area has also been identified as an important foraging area for golden eagles and nesting area for burrowing owls. Unfortunately, due to the presence of wind power facilities,there are limited mitigation opportunities for these species in this a. CZ-10 supports 28% (11,046 acres) of the study area's unprotected critical habitat for Alameda whipsnake (Table 4-20) and 9% (10,971 acres) of the southern portion of the CZ is in Recovery Unit 5 for this species (Table 4-20). This species is a significant conservation priority for CZ-10, since this area represents the easternmost extent of this species' occurrence in the study area. Additionally, CZ-10 contains 9% (405 acres) of the modeled unprotected breeding and dispersal habitat for foothill yellow-legged frog(Table 4-19b); in Patterson Run in the northern part of the CZ and along Corral Hollow Creek in East Alameda County Conservation Strategy 4-23 October 2010 ICF 00906.08 • Chapter 4 Conservation Zones • the southern part of the CZ. Corral Hollow Creek also contains a CNDDB occurrence for this species (California Natural Diversity Database 2009). A determination of the viability of habitat in that area for foothill yellow-legged frog should be completed and protection of known breeding locations considered. • The alkali meadow and scalds and alkali wetland land cover types in the northern part of this CZ provide 7% (249 acres) of the study area's unprotected modeled habitat for San Joaquin spearscale (Table 4-19e). No CNDDB occurrences for this species occur here; however,surveys should be conducted to determine presence or absence of this plant in these areas. All newly discovered occurrences should be protected. 4.10.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-10 are listed below. III Protection of all big tarplant occurrences and surveys for new occurrences. ▪ Protection of critical habitat for Alameda whipsnake. • a Protection of critical habitat for California red-legged frog and all areas that support this species in various life stages, including ponds and annual grassland near ponds.This will also provide habitat protection for California tiger salamander and tricolored blackbird habitat. a Protection and restoration of Patterson Run and Corral Hollow Creek to protect and manage foothill yellow-legged frog habitat. a Protection of alkali meadow and scalds, which will also provide protection of San Joaquin spearscale habitat, along with surveys for occurrences of this species. a Protection of isolated mixed willow riparian scrub and mixed serpentine chaparral communities. ® Protection of rock outcrop, mixed chaparral/chamise chaparral, and . northern coastal scrub/Diablan sage scrub communities and any unique transition zones between these and other natural communities. ■ Upgrade Open Space status on Carnegie State Vehicular Recreation Area form Type 3 to Type 1 or 2. • • East Alameda County Conservation Strategy 4-24 October 2010 • ICF 00906.08 • Chapter 4 Conservation Zones 4.11 Conservation Zone 11 • 4.11.1 Background CZ-11 is located in the west-central portion of the Conservation Strategy study area.This 7,976-acre CZ contains portions of the Vallecitos Creek and Vern watersheds and is bounded on the west by 1-680 and on the southeast by SR 84. Table 4-11 shows the acreage of each land cover present in CZ-11, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-11, dominant natural land covers in this CZ are annual grassland (4,680 acres), blue oak woodland (1,392 acres), mixed riparian forest and woodland (295 acres), and mixed evergreen forest/oak woodland (255 acres). 4.11.2 Conservation Priorities CZ-11 contains 14% (295'acres) of the study area's unprotected mixed riparian forest and woodland (Table 4-11) scattered throughout the CZ,with larger patches in the eastern part of the CZ just outside the city of Pleasanton near the CZ's northeast border.The protection of this land cover type should be a conservation priority in this CZ.This region of the CZ also supports a patch of • mixed willow riparian scrub that constitutes 7% (47 acres) of the unprotected acreage of that land cover in the study area (Table 4-11). CZ-11 also contains 6% (1,371 acres) of the study area's unprotected blue oak woodland (Table 4-11) scattered throughout the CZ, but concentrated mostly in the northern portion of the CZ near the city of Pleasanton. Additionally, C7-11 supports 4% (13 acres) of the study area's unprotected pond acreage (Table 4-11), comprising 29 ponds, two of which are currently protected in open space. CZ-11 contains 5% (305 acres) of the unprotected modeled habitat for Congdon's tarplant (Table 4-19e), mainly in the eastern part of the CZ. No CNDDB occurrences for this species occur here; however, surveys should be conducted to determine presence or absence of this plant in these areas. Additionally, CZ-11 contains a portion (7,371 acres) of Recovery Unit 5 for • Alameda Whipsnake (Table 4-19b), along with a small area of dispersal habitat for this species along Vallecitos Creek near SR 84 at the CZ's southern boundary. According to Conservation Strategy habitat modeling,the large majority of the annual grassland in CZ-11 is potentially suitable for Callippe silverspot butterfly. It is unknown whether necessary larval host and adult food plants are present in this area. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist. This CZ's ponds support breeding habitat for California red-legged frog, California tiger salamander, and tricolored blackbird. CZ-11 provides 114 acres East Alameda County Conservation Strategy 4-25 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • of breeding habitat for California red-legged frog (4%of the unprotected modeled habitat within the study area), 20 acres of California tiger salamander habitat (3%of the unprotected modeled habitat within the study area), and 12 acres of tricolored blackbird habitat (3%of the unprotected modeled habitat within the study area) (Tables 4-19a,4-19c). Of the CZ's ponds;those that support breeding California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support these species. Ponds within 1.3 miles of other known red-legged frog or tiger salamander breeding sites are the highest priority.The existence of many of these ponds in a matrix of annual grassland provides an important conservation opportunity for California red-legged frog, California tiger salamander, and tricolored blackbird, as this type of habitat composition provides upland habitat and breeding habitat in close association. 4.11.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-11 are listed below. ® Protection of mixed riparian forest and woodland land cover type. • m Protection of ponds and sufficient upland habitat to support native amphibians. m Complete surveys in Congdon's tarplant habitat and protect any occurrences found. m Complete surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. m Protection of annual grassland in this CZ should be focused in areas where it supports focal plant populations and provides non-breeding habitat for focal amphibians (uplands around aquatic breeding sites). m Protection and restoration along small segment of Vallecitos Creek within this CZ that provides potential dispersal habitat for Alameda whipsnake. 4.12 Conservation Zone 12 4.12.1 Background CZ-12, located in the central portion of the Conservation Strategy study area, contains Lake Del Valle.This 16,438-acre CZ includes the Dry Creek and Lake Del • Valle watersheds in their entirety, as well as the southeastern section of the Vern watershed.The northwest boundary of CZ-12 is formed by SR 84. Table 4- • 12 shows the acreage of each land cover present in CZ-12, based on Figure 2-8, East Alameda County Conservation Strategy 4-26 October 2010 ICF 00906.08 Chapter 4 Conservation Zones as well as the proportion of each that is currently under some form of • protection. As shown in Figure 4-12, dominant natural land cover types in this CZ are annual grassland (6,728 acres), blue oak woodland (3,176 acres), mixed evergreen forest/oak woodland (2,530 acres), and foothill pine/oak woodland (995 acres). 4.12.2 Conservation Priorities CZ-12 contains 90% (13 acres) of the study area's unprotected acreage of Coulter pine woodland (Table 4-12), located west of Lake Del Valle in Del Valle Regional Park, a Type 3 open space. This small area of Coulter pine woodland constitutes the vast majority of this land cover's acreage in the study area. For this reason, this area is a high conservation priority for CZ-12. CZ-12 also contains 36% (22 acres) of the study area's unprotected perennial freshwater marsh (Table 4-12) near the southern tip of Lake Del Valle and in Del Valle Regional Park. As a relatively rare land cover in the study area,this patch of perennial freshwater marsh is another conservation priority for this CZ. CZ-12 contains 19% (160 acres) of the study area's unprotected acreage of coast live oak forest and woodland (Table 4-12) along Dry Creek in the northern part of the CZ. Given its relative rarity, this land cover is a conservation priority for CZ- 12. The area near Dry Creek also supports a portion (3,152 acres) of the CZ's blue oak woodland (Table 4-12), most of which is found in the southern part of • the CZ. Along with 14%of the study area's unprotected blue oak woodland, CZ- 12 supports 14%(295 acres) of the study area's unprotected mixed riparian forest and woodland (Table 4-12), primarily along Arroyo Valle north and south of Lake Del Valle but also in the western portion of the CZ near the border with CZ-16. CZ-12 contains 11% (215 acres) of the study area's unprotected acreage of northern coastal scrub/Diablan sage scrub (Table 4-12), primarily in the southern region of the CZ. . CZ-12 supports 15% (54 acres) of the modeled unprotected breeding habitat for tricolored blackbird (Table 4-19c) in 57 ponds scattered throughout the CZ, of which two are protected in open space. The southeastern portion of the CZ is particularly well suited for potential tricolored blackbird breeding habitat as it contains a number of ponds clustered near one another. These ponds also provide suitable potential habitat for California tiger salamander (56 acres) and California red-legged frog(253 acres). This CZ contains 9%of the study area's unprotected modeled habitat for both of these species (Table 4-19b) as well as 7% (8,427 acres) of the study area's unprotected critical habitat for California red-legged frog(Table 4-20). Of the 57 ponds, those that support breeding habitat for California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support these species. Ponds within 1.3 miles of other known red-legged frog or tiger salamander breeding sites are the highest priority. CZ-12 also supports 10% (7,071 acres) of the study area's unprotected modeled nesting habitat for golden eagle (Table 4-19c), located mostly • East Alameda County Conservation Strategy 4-27 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • southwest of Lake Del Valle. This area is in close proximity to modeled suitable foraging habitat, which may increase the value of this habitat to this species. The areas to the northeast and southwest of Lake Del Valle support potential Callippe Silverspot butterfly habitat. It is unknown whether necessary larval host/food plants are present in this area. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist.The area around Lake Del Valle also supports large continuous areas of modeled suitable habitat for San Joaquin kit fox. CZ-12 contains 8% (13,202 acres) of the study area's unprotected modeled suitable acreage for this species (Table 4-19d). Finally, CZ-12 contains 5% (2,191 acres)of the study area's unprotected critical habitat for Alameda whipsnake (Table 4- 20),just east of the southern half of Lake Del Valle. Protection of critical habitat for this species is a conservation priority for this conservation zone. 4.12.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-12 are listed below. ® Protection of Coulter pine woodland land cover type. • m Protection of perennial freshwater marsh and coast live oak forest and woodland land cover types. ® Protection and enhancement of ponds to protect breeding habitat for tricolored blackbird, California tiger salamander, and California red-legged frog,with primary focus on currently occupied habitat and secondary focus on habitat that can be enhanced to encourage occupation. ® Protection of critical habitat for Alameda whipsnake. ® Complete surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. 4.13 Conservation Zone 13 • 4.13.1 Background CZ-13 extends from near the center of the Conservation Strategy study area to its extreme southeast corner in the northern Diablo Range. This 21,159-acre CZ is comprised of the Lower Arroyo Mocho and Tunnel Creek watersheds, as well as the northern half of the Upper Arroyo Mocho watershed. Table 4-13 shows the acreage of each land cover present in CZ-13, based on Figure 2-8, as well as • the proportion of each that is currently under some form of protection. As East Alameda County Conservation Strategy 4-28 October 2010 ICF 00906.08 Chapter4 Conservation Zones shown in Table 4-13, dominant natural land cover types in this conservation • zone are foothill pine/oak woodland (6,339 acres), blue oak woodland (4,982 acres), annual grassland (4,358 acres), mixed evergreen forest/oak woodland (2,139 acres), and northern mixed chaparral/chamise chaparral (1,380 acres). 4.13.2 Conservation Priorities CZ-13 contains 97%of the study area's unprotected Sargent cypress woodland in a 636-acre contiguous patch on Cedar Mountain in the middle section of the CZ(Table 4-13). Since this land cover is rare in the study area and is almost completely contained within this CZ, protection of this land cover area is the highest conservation priority for CZ-13. CZ-13 contains 51% (1,380 acres) of the study area's unprotected northern mixed chaparral/chamise chaparral (Table 4- 13) in a rugged area of the Northern Diablo Range, in the extreme southeast corner of the study area. Due to this land cover's relative rarity in the study area, it is also a conservation priority for this CZ. CZ-13 contains 31% (6,339 acres) of the study area's unprotected foothill pine/oak woodland land cover and 22% (4,982 acres) of the study area's unprotected blue oak woodland land cover(Table 4-13).These two land covers are interspersed throughout the CZ, with foothill pine/oak woodland dominant in the south and blue oak woodland dominant in the north. Each of these land covers is a conservation priority for CZ-13, with foothill pine/oak woodland a higher priority due to its more limited • distribution in other CZs. Additionally, CZ-13 contains 21% of the study area's unprotected mixed serpentine chaparral (Table 4-13), located in the southern portion of the CZ, west of Arroyo Mocho. These 793 acres of mixed serpentine chaparral are part of a larger complex of this land cover that extends into CZ-18. The mixed serpentine chaparral community located in these two Cs makes up 98% of the study area's total for this land cover type. Accordingly, the protection of this land cover is a conservation priority for CZ-13,to ensure protection of this rare land cover type in the study area. Finally, CZ-13 contains 19% (127 acres) of the study area's unprotected mixed willow riparian scrub (Table 4-13), located exclusively in the northern region of the CZ along Arroyo Mocho.The protection of this land cover type is a priority due to this stream's potential habitat value for foothill yellow-legged frog and California coast steelhead. CZ-13 contains 23% (8,913 acres)of the study area's unprotected critical habitat for Alameda whipsnake (Table 4-20) in the middle third of the CZ along Arroyo Mocho, and includes one CNDDB occurrence (of a total of three occurrences in the study area)for this species. Due to the high percentage of critical habitat found in this CZ, its protection is a high conservation priority. CZ-13 contains 20% (14,104 acres) of the study area's unprotected modeled nesting habitat for golden eagle (Table 4-19c). The largest contiguous patches of nesting habitat for this species are found in the southern part of the CZ near Arroyo Mocho. According to species modeling,the areas near potential nesting habitat also contain suitable foraging habitat, indicating that this might be high-value habitat • East Alameda County Conservation Strategy 4-29 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • for this species;therefore, protection of golden eagle habitat is a conservation . priority for this CZ. Additionally, CZ-13 contains 16% (726 acres) of the study area's unprotected modeled habitat for foothill yellow-legged frog(Table 4-19b) and one of the study area's five CNDDB occurrences for this species. Potential breeding and movement habitat for this species is found along the entire stretch of Arroyo Mocho that occurs within this CZ and should be a conservation priority. Protection of Arroyo Mocho would also provide potential habitat • conservation for central California coast steelhead.The northern reach of Arroyo Mocho in CZ-13 has been identified as potential migratory habitat for this species, while the southern reach provides potentially suitable spawning and rearing habitat if downstream barriers are removed or modified (Gunther et al. 2000). CZ-13 also supports 12% (351 acres) of the study area's unprotected modeled breeding habitat for California red-legged frog(Table 4-19b) and 9% (11,670 acres) of the study area's unprotected critical habitat for this species (Table 4- 20). Breeding habitat is found mainly in ponds and some scattered seasonal wetlands along the southern reach of Arroyo Mocho. The CZ contains 39 acres in 64 ponds, or 11%of the study area's unprotected pond habitat(Table 4-13). Of these 64 ponds,those that support breeding California red-legged frog should be a high conservation priority, as should ponds with the potential to be enhanced to support this species. Ponds within 1.3 miles of other known red- legged frog breeding sites are the highest priority. Finally,CZ-13 supports 11% • (17,709 acres) of the study area's unprotected modeled San Joaquin kit fox habitat (Table 4-19d). This species' potentially suitable habitat occurs across most of this CZ, with the exception of chaparral and cypress communities in the south. Additionally, the Arroyo Mocho corridor could provide suitable movement habitat for this species. 4.13.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-13 are listed below. • Protection of Sargent cypress woodland land cover type. • Protection of critical habitat for Alameda whipsnake. • Protection of northern mixed chaparral/chamise chaparral and mixed serpentine chaparral land cover types. • Protection of and restoration opportunities along Arroyo Mocho, including mixed willow riparian scrub, to protect potential foothill yellow-legged frog and central California coast steelhead habitat. • Protection of critical habitat for California red-legged frog. • a Protection of golden eagle nesting habitat. East Alameda County Conservation Strategy 4-30 October 2010 ICF 00906.08 Chapter 4 Conservation Zones m Protection of foothill pine/oak woodland and blue oak woodland land cover • types. 4.14 Conservation Zone 14 4.14.1 Background CZ-14 is a small CZ located midway down the western boundary of the Conservation Strategy study area in the East Bay Hills. This 4,326-acre CZ contains portions of the Sheridan Creek, Sinbad Creek, and Stonybrook Canyon watersheds. The CZ's northern border is formed by SR 84 and its southeastern border is formed by 1-680. Table 4-14 shows the acreage of each land cover present in CZ-14, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-14, dominant natural land cover types in this conservation zone are annual grassland (1,931 acres), mixed evergreen forest/oak woodland (1,198 acres), and mixed riparian forest and woodland (164 acres). 4.14.2 Conservation Priorities CZ-14 contains 14% of the study area's unprotected acreage of perennial • freshwater marsh (Table 4-14) near Alameda Creek in the southeast part of the CZ. This land cover type provides habitat for a number of focal species; however, this 9-acre patch of marsh is very near 1-680 and Sunol Valley Golf Course, exposing it to a number of human disturbance mechanisms and likely reducing the quality of the habitat it provides. The segment of Alameda Creek that forms the northern boundary of this CZ supports a mix of sycamore alluvial woodland and mixed riparian forest and woodland. Fourteen percent (42 acres) of the study area's unprotected sycamore alluvial and 8% (164 acres) of the study area's unprotected mixed riparian forest and woodland occur in the southern part of the CZ (Table 4-14) along two small spring-fed creeks.The area along Alameda Creek in this CZ also supports 43 acres (5% of the study area's unprotected acreage) of coast live oak forest and woodland (Table 4-14).The fact that this stretch of Alameda Creek supports such a diverse mix of woodland suggests that its preservation and restoration should be a conservation priority for this CZ. Preservation and restoration along Alameda Creek would also result in protection of potentially suitable habitat for central coast steelhead and Alameda whipsnake. In the future, assuming that downstream barriers are removed, Alameda Creek will provide migratory habitat for central California coast steelhead along its entire reach in this CZ, as well as a section of suitable spawning and rearing habitat at the confluence of Alameda Creek and Arroyo de la Laguna.Suitable dispersal habitat for Alameda whipsnake is found along the • East Alameda County Conservation Strategy 4-31 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • entire reach of Alameda Creek in this CZ; in addition,this CZ contains 2,527 acres of Recovery Unit 7 for this species (U.S. Fish and Wildlife Service 2002). This is one of the only places where Alameda whipsnake Recovery Unit 7 is connected (free of development) to the central and northern portion of the species range CZ-14 contains 4% (15 acres) of the study area's unprotected modeled breeding habitat for tricolored blackbird (Table 4-19c) and 3% of the study area's unprotected modeled breeding habitat for both California red- legged frog(96 acres) and California tiger salamander(17 acres) (Table 4-19b). Potential breeding habitat for all three species occurs in the CZ's 29 ponds and in the 9-acre patch of perennial freshwater marsh near 1-680; however, because the marsh's proximity to human development compromises its habitat value to these species, habitat conservation should be focused on the CZ's ponds, scattered throughout the CZ but concentrated in the eastern part. Of these 29 ponds,those that support breeding California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support these species. Ponds within 1.3 miles of other known red-legged frog or tiger salamander breeding sites are the highest priority. In addition, modeling shows that areas in the western portion of the CZ support potential Callippe silverspot butterfly habitat. It is unknown whether necessary larval host/food plants are present in this area to support Callippe silverspot butterfly. Surveying for stands of larval host/food plants is an important first • step toward determining where potential habitat could exist. 4.14.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-14 are listed below. • Protection and restoration along Alameda Creek to conserve sycamore alluvial woodland, mixed riparian forest and woodland, and coast live oak forest and woodland and to improve habitat value for central coast steelhead and Alameda whipsnake. • Protect suitable dispersal habitat for Alameda whipsnake along the entire reach of Alameda Creek in this CZ.This is one of the only places where Alameda whipsnake Recovery Unit 7 is connected (free of development)to the central and northern portion of the species range s Protection and enhancement opportunities for ponds to increase potential breeding habitat for California red-legged frog, California tiger salamander, and tricolored blackbird. • Complete surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. • East Alameda County Conservation Strategy 4-32 October 2010 ICF 00906.08 Chapter 4 Conservation Zones 4.15 Conservation Zone 15 4.15.1 Background CZ-15 is in the East Bay Hills in the southwestern corner of the Conservation Strategy study area.This 14,594-acre CZ is made up of the Leyden Creek watershed along with portions of the Sheridan Creek and Vallecitos Creek watersheds. I-680 and SR 84 form the northwestern boundary of this CZ. Table 4-15 shows the acreage of each land cover present in CZ-15, based on Figure 2- 8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-15, dominant natural land cover types in this conservation zone are annual grassland (8,527 acres), mixed evergreen forest/oak woodland (2,750 acres), and blue oak woodland (1,078 acres). • 4.15.2 Conservation Priorities CZ-15 contains 47% (141 acres) of the study area's unprotected sycamore alluvial woodland (Table 4-15) along the stretch of Alameda Creek in this CZ, and a large patch just south of the confluence of Alameda Creek with Pirate Creek. Because such a large percentage of the study area's unprotected acreage of this land cover type occurs in CZ-15, its protection is a conservation priority for this • CZ. CZ-15 contains 26% (22 acres) of the study area's unprotected serpentine bunchgrass grassland (Table 4-15) in the far southern part of the CZ near Sunol Regional Wilderness, a Type 2 open space preserve that occupies much of the . southern portion of CZ-15. The CZ contains a total of 40 acres of serpentine bunchgrass grassland, half of which is protected within the Sunol Regional Wilderness,with the rest located just south of this preserve's southern • boundary. Given this land cover's relative rarity within the study area, its conservation within this CZ is a priority. C7-15 contains 9%(5 acres) of the study area's unprotected rock outcrop (Table 4-15) in small patches just west and southwest of San Antonio Reservoir. In addition, CZ-15 contains 6% (120 acres) of the study area's unprotected acreage of northern coastal scrub/Diablan sage scrub(Table 4-15)just west of Alameda Creek on San Francisco Public Utilities • Commission lands. While the majority of this CZ's northern coastal scrub/Diablan sage scrub land cover is protected in the Sunol Regional Wilderness, the protection of the remainder of this land cover remains a conservation priority due to its relative rarity within the study area. Additionally, CZ-15 contains 6% (5,790 acres) of the study area's unprotected acreage of California annual grassland (Table 4-15). While the majority of the study area's unprotected acreage of this land cover is in other CZs, its protection in this CZ remains a priority because it is one of the few sources of potential habitat in this region of the study area for Callippe silverspot butterfly, burrowing owl, and American badger. The area of grassland north of San Antonio Reservoir is • East Alameda County Conservation Strategy 4-33 October 2010 ICF 00906.08 • Chapter 4 Conservation Zones • particularly important because it represents a relatively contiguous patch of potential habitat for these species. CZ-15 contains 6% (4,090 acres) of the study area's unprotected modeled habitat for burrowing owl (Table 4-19c). Much of this species' modeled habitat in this CZ occurs in small patches surrounded by unsuitable habitat.The area north of San Antonio Reservoir and south of SR 84 provides a patch of contiguous potential habitat for this species, as well as for American badger and Callippe silverspot butterfly. CZ-15 contains 4% (5,728 acres) of the study area's unprotected modeled habitat for American badger(Table 4-19d). It is unknown whether necessary larval host/food plants are present in this area to support Callippe silverspot butterfly. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist. CZ-15 contains 5% (213 acres) of the unprotected modeled breeding and movement habitat for foothill yellow-legged frog (Table 4-19b) along four tributaries of Alameda Creek in the southern part of the CZ—Leyden Creek, Pirate Creek,Sheridan Creek, and Indian Joe Creek. One CNDDB record for this species is located in the southern region of the CZ along Alameda Creek, north of Calaveras Reservoir. CZ-15 also contains 4% (1,388 acres) of the study area's unprotected critical habitat for Alameda whipsnake (Table 4-20).This CZ contains 6,457 total acres of critical habitat for this species, but most (78%) is • protected in Sunol Regional Wilderness and Mission Peak Regional Preserve. CZ- 15 also contains 7% of the unprotected habitat (8,806 acres) in portions of Recovery Units 3, 5, and 7 for Alameda whipsnake (Table 4-19b). Protection of this species' critical habitat and recovery unit habitat is a conservation priority for this CZ, as is protection of dispersal habitat along Alameda Creek. Protection of habitat along Alameda Creek will also provide enhancement of potential migratory habitat for central California coast steelhead along most of the reach of Alameda Creek in the CZ, as well as potential spawning and rearing habitat along Alameda Creek in the southern part of CZ-15 (Gunther et al. 2000). Downstream barriers would need to be removed or modified before Alameda • Creek could provide these types of habitat for steelhead. Finally, CZ-15 provides 4% (111 acres) of the study area's unprotected modeled breeding habitat for California red-legged frog (Table 4-19b) and 1% (1,535 acres) of its unprotected critical habitat (Table 4-20).This potential breeding habitat is scattered throughout the CZ in ponds and localized areas of freshwater marsh and seasonal wetland in the northern portion of the CZ. Much • of the California red-legged frog habitat in CZ-15 is currently protected in Sunol Regional Wilderness and other open space areas. Therefore, protection for this species should be focused on the 10 acres of CZ's ponds, 37 of which are within the CZ and seven (2 acres) of which are currently protected (Table 4-15). Of these ponds,those that support breeding California red-legged frog should be a high conservation priority, as should ponds with the potential to be enhanced to support this species. Ponds within 1.3 miles of other known red-legged frog • breeding sites are the highest priority. East Alameda County Conservation Strategy 4-34 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • 4.15.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-15 are listed below. ® Protection and restoration along Alameda Creek to conserve sycamore alluvial woodland and improve habitat value for central California coast steelhead and Alameda whipsnake. is Protection of critical habitat and recovery unit habitat for Alameda whipsnake. ® Protection of potential breeding and movement habitat for foothill yellow- legged frog. m Protection of serpentine bunchgrass grassland and northern coastal scrub/Diablan sage scrub land cover. ® Protection and enhancement opportunities for ponds to increase potential breeding habitat for California red-legged frog. in Complete surveys in annual grassland habitat for callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. ® Protection of annual grassland in area between SR 84 and San Antonio • Reservoir to support potential habitat for callippe silverspot butterfly, western burrowing owl, and American badger. 4.16 Conservation Zone 16 4.16.1 Background • CZ-16, in the southeast section of the Conservation Strategy study area, contains San Antonio Reservoir and Wauhab Ridge. This 24,468-acre CZ is composed of the La Costa Creek, Indian Creek, and San Antonio Reservoir watersheds in their entirety.Table 4-16 shows the acreage of each land cover type present in CZ-16, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-16, dominant natural land covers in this conservation zone are annual grassland (10,725 acres), mixed evergreen forest/oak woodland (4,849 acres), blue oak woodland (4,695 acres), and foothill pine/oak woodland (1,631 acres). 4.16.2 Conservation Priorities CZ-16 contains 38% (1,926 acres)of the study area's unprotected acreage of northern coastal scrub/Diablan sage scrub (Table 4-16), largely along San • East Alameda County Conservation Strategy 4-35 October 2010 ICE 00906.08 Chapter 4 Conservation Zones • Antonio Creek in the eastern part of the CZ.This CZ contains a higher proportion of northern coastal scrub/Diablan sage scrub than any other CZ. Even though a large portion of this land cover is preserved within the Ohlone Preserve Conservation Bank, the conservation of the remainder will support habitat connectivity within this CZ and should be a conservation priority. CZ-16 contains 28% (235 acres) of the study area's unprotected acreage of coast live oak and woodland (Table 4-16), mainly near San Antonio Reservoir and along Williams Gulch, with some preserved in Ohlone Regional Wilderness and Sunol Regional Wilderness. Because this land cover is relatively rare in the study area and CZ-16 contains almost 30% of the study area total, its preservation is a conservation priority for this CZ. CZ-16 contains 17% (11 acres)of the study area's unprotected perennial freshwater marsh (Table 4-16) near the northeastern shore of San Antonio Reservoir. Marsh land cover such as this provides potential habitat for California tiger salamander, California red-legged frog, and tricolored blackbird and should be a conservation priority for this CZ. CZ-16 contains 14% (41 acres) of the study area's unprotected sycamore alluvial woodland and 12% (3,028 acres) of the study area's unprotected mixed evergreen forest/oak woodland (Table 4-16), both of which occur along the CZ's creeks, including Indian Creek and La Costa Creek, with mixed evergreen forest extending outside the riparian zone. These land covers are a conservation priority because they provide a mix of habitats that support the CZ's focal species and, along with mixed riparian forest and woodland, support a diverse and healthy riparian zone along the CZ's creeks. • Preservation of habitat along the CZ's creeks will support conservation of a • number of the strategy's focal species, including foothill yellow-legged frog. CZ- 16 contains 15% (687 acres) of the study area's unprotected modeled foothill yellow-legged frog breeding and movement habitat (Table 4-19b) along all the streams in CZ-16. Potential habitat for central California coast steelhead can also be found in this CZ. If barriers to movement are removed or enhanced, the lower reaches of Indian Creek, La Costa Creek, and San Antonio Creek are expected to provide suitable spawning and rearing habitat (Gunther et al. 2000). In addition, the CZ's streams provide potential habitat for nesting golden eagles, according to species modeling. CZ-16 also contains 9% (6,303 acres) of the study area's unprotected modeled golden eagle nesting habitat (Table 4-19c), and the CNDDB lists two nesting records north and east of San Antonio Reservoir (California Natural Diversity Database 2009). According to occurrence records, one nest was active from 1991 to 1993,with two offspring fledged each of those years;the other nest was active from 1992 to 1993, with one offspring fledged in 1992 and two in 1993. CZ-16 contains 10% (298 acres) of the study area's unprotected modeled breeding habitat for California red-legged frog (Table 4-19b) and 12% (14,958 acres) of this species' unprotected critical habitat (Table 4-20). Critical habitat occurs throughout most of the CZ, while modeled breeding habitat occurs in the CZ's 112 ponds, 12 (5 acres) of which are protected in open space(Table 4-16). • The CZ's ponds, along with seasonal wetlands near San Antonio Reservoir, also East Alameda County Conservation Strategy 4-36 October 2010 ICF 00906.08 Chapter 4 Conservation Zones provide 30 acres of suitable modeled habitat for California tiger salamander(5% of the study area's unprotected habitat) (Table 4-19b)and 31 acres of suitable modeled habitat for tricolored blackbird (8%of the study area's unprotected habitat) (Table 4-19c). Of these ponds,those that support breeding California red-legged frog, California tiger salamander, or tricolored blackbird should be a high conservation priority, as should ponds with the potential to be enhanced to support these species. Ponds within 1.3 miles of other known red-legged frog or tiger salamander breeding sites are the highest priority. CZ-16 contains 6%(394 acres) of the study area's unprotected modeled Congdon's tarplant habitat (Table 4-19e) in the northern area of the CZ near San Antonio Reservoir and in the northeastern corner of the CZ.These rather isolated islands of potential Congdon's tarplant habitat should be surveyed for occurrences of this species. Any occurrences found could possess a high degree of genetic uniqueness due to the area's isolation from other Congdon's tarplant habitat and,for this reason, should be a high conservation priority for this CZ. Alameda whipsnake dispersal habitat occurs along the shores of San Antonio Reservoir, according to this species' draft recovery plan (U.S. Fish and Wildlife Service 2002), and the CNDDB lists occurrence just south of San Antonio Reservoir(California Natural Diversity Database 2009). Additionally, 13% (16,132 acres) of the unprotected acreage in Recovery Unit 5 for this species is in CZ-16 (Table 4-19b). Potential callippe silverspot butterfly habitat occurs in patches scattered throughout this CZ, with the most contiguous patches just south of San Antonio Reservoir and along La Costa Creek. It is unknown whether • necessary larval host/food plants are present in this area to support Callippe silverspot butterfly. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist. 4.16.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-16 are listed below. a Protection of northern coastal scrub/Diablan sage scrub and coast live oak and woodland land covers. a Protection of sycamore alluvial woodland, mixed evergreen forest/oak woodland, and mixed riparian forest and woodland land covers along the CZ's streams to support riparian and riverine species, including foothill yellow-legged frog and coast steelhead. a Protection of critical habitat for California red-legged frog. • a Protection of perennial freshwater marsh and seasonal wetland, as well as protection and enhancement opportunities for ponds to increase potential breeding habitat for California red-legged frog, California tiger salamander, and tricolored blackbird. East Alameda County Conservation Strategy 4-37 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • • s Protection of dispersal habitat for Alameda whipsnake. • Complete surveys for Congdon's tarplant and map occurrences of plant populations. • Complete surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. 4.17 Conservation Zone 17 4.17.1 Background CZ-17 is in the southwestern corner of the Conservation Strategy study area; Valpe Ridge forms its northeastern boundary. This 12,118-acre CZ is made up of portions of the Calaveras Reservoir,Whitlock Creek, and Baby Peak watersheds. Table 4-17 shows the acreage of each land cover present in CZ-17, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-17, dominant natural land covers in this CZ are annual grassland (4,428 acres), mixed evergreen forest/oak woodland (4,161 acres), and blue oak woodland (1,380 acres). • 4.17.2 Conservation Priorities CZ-17 contains 40% (33 acres) of the study area's unprotected serpentine bunchgrass grassland (Table 4-17)very near Calaveras Reservoir on the southern boundary of the CZ. Given this land cover's relative rarity in the study area and the large proportion found in CZ-17, its preservation is a high conservation priority for this CZ. CZ-17 contains 13% (3,318 acres) of the study area's unprotected mixed evergreen forest/oak woodland (Table 4-17) scattered across the southern region of the CZ, with large contiguous patches that should be conservation priorities. CZ-17 contains 11% (208 acres) of the study area's unprotected northern coastal scrub/Diablan sage scrub along Alameda Creek in the south of the CZ and near Calaveras Reservoir in the west. CZ-17 contains 8% (68 acres) of the study area's unprotected coast live oak forest and woodland land cover near Alameda Creek and Calaveras Reservoir in the southern area of the CZ and 6% (18 acres) of the study area's unprotected sycamore alluvial woodland, mostly along Alameda Creek (Table 4-17). While much of the CZ's sycamore alluvial woodland is currently protected in Sunol Regional Wilderness, protection of the adjoining unprotected areas would enhance continuity of this land cover and should be a conservation priority. CZ-17 contains 7% (5,232 acres) of the study area's unprotected modeled nesting habitat for golden eagle (Table 4-19c), most of which occurs on either side of Alameda Creek in the southern region of the CZ. The CNDDB lists a nest • occurrence north of Alameda Creek in Ohlone Regional Wilderness.An active East Alameda County Conservation Strategy 4-38 October 2010 • ICF 00906.08 Chapter 4 Conservation Zones nest was identified here in 1993, with two adults and one juvenile (California • Natural Diversity Database 2009). The existence of potential nesting habitat and a historic nest suggests that this should be a conservation priority for CZ-17. CZ- 17 contains 6% (295 acres) of the study area's unprotected modeled foothill yellow-legged frog breeding and movement habitat (Table 4-19b) along the CZ's reach of Alameda Creek and Whitlock Creek,with two CNDDB occurrences along Alameda Creek (California Natural Diversity Database 2009). Conservation of riparian habitat along Alameda Creek should be a priority not only because it will provide protection for potential foothill yellow-legged frog habitat but also because it will provide protection for potential habitat central California coast steelhead and Alameda whipsnake dispersal habitat. If barriers to movement are removed or enhanced, the reach of Alameda Creek in CZ-17 could provide suitable spawning and rearing habitat (Gunther et al. 2000).Thirteen percent (5,286 acres) of the study area's unprotected critical habitat for Alameda whipsnake occurs in CZ-17 (Table 4-20), along with 6% (8,055 acres) of Recovery Unit 5 for this species (Table 4-19b). Protection of critical habitat should be a conservation priority. Additionally, potential Callippe silverspot butterfly habitat occurs in this CZ,with the largest contiguous patches found just north and east of Calaveras Reservoir. It is unknown whether necessary larval host/food plants are present in this area to support Callippe silverspot butterfly. Surveying for stands of larval host/food plants is an important first step toward determining where potential habitat could exist. Finally, CZ-17 contains 4% (4,878 acres) of the study area's unprotected critical habitat for California red-legged frog (Table • 4-20). Critical habitat for this species can be found across most of the CZ with a large portion protected in Ohlone and Sunol Regional Wildernesses. The protection of the remaining critical habitat should be a conservation priority for CZ-17. 4.17.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation opportunities in the future. Conservation priorities for CZ-17 are listed below. ® Protection of serpentine bunchgrass grassland land cover. • Protection of critical habitat and recovery unit habitat for Alameda whipsnake. ® Protection of riparian habitat along Alameda Creek to support foothill yellow-legged frog,Alameda whipsnake, and central California coast steelhead. • • Protection of golden eagle nesting habitat, with surveys to determine if previously identified nests are still active. • Protection of critical habitat for California red-legged frog. • East Alameda County Conservation Strategy 4-39 October 2010 ICF 00906.08 Chapter 4 Conservation Zones • ® Protection of contiguous patches of mixed evergreen forest/oak woodland and sycamore alluvial woodland land covers. m Complete surveys in annual grassland habitat for Callippe silverspot butterfly larval host/food plants and map occurrences of plant populations. 4.18 Conservation Zone 18 4.18.1 Background CZ-18 is in the Northern Diablo Range near the southeast corner of the Conservation Strategy study area. This 23,369-acre CZ is in rugged terrain and contains Cedar Mountain and Man Ridge, with Cedar Ridge forming the CZ's eastern boundary. Portions of Valpe Creek, Trout Creek, Lang Canyon, and Coffee Mill Creek watersheds make up this CZ.Table 4-18 shows the acreage of each land cover present in CZ-18, based on Figure 2-8, as well as the proportion of each that is currently under some form of protection. As shown in Table 4-18, dominant natural land covers in this CZ are foothill pine/oak woodland (10,400 acres), blue oak woodland (5,318 acres), mixed serpentine chaparral (2,875 acres), and mixed evergreen forest/oak woodland (2,338 acres). • 4.18.2 Conservation Priorities CZ-18 contains 77% (2,875 acres) of the study area's unprotected acreage of mixed serpentine chaparral (Table 4-18) in a relatively large, connected patch in the center of the CZ east of Arroyo Valle. Due to this land cover's relative rarity within the study area and the large percentage present in this CZ, it is the highest conservation priority for CZ-18. CZ-18 contains 49% (10,245 acres)of the study area's unprotected foothill pine/oak woodland (Table 4-18)throughout the CZ, and largely interspersed with blue oak woodland in the southwest part of the CZ. Because this CZ contains almost half of the study area's unprotected acreage of this land cover type, it is a high conservation priority, as is the protection of serpentine bunchgrass grassland. CZ-18 contains 35% (29 acres) of the study area's unprotected serpentine bunchgrass grassland (Table 4-18) in the area of Sugarloaf Butte near the eastern boundary of the CZ. CZ-18 contains • 28% (745 acres) of the study area's unprotected northern mixed chaparral /chamise chaparral (Table 4-18) in widely scattered patches throughout the CZ, with the largest patches located along Arroyo Valle in the north of the CZ. CZ-18 contains 23% (5,109 acres) of the study area's blue oak woodland (Table 4-18), found in large patches across the northern and southern regions of the CZ. CZ-18 contains 25% (17,860 acres)of the study area's unprotected modeled golden eagle nesting habitat (Table 4-19c).There is a large continuous area of • potentially suitable nesting habitat with relatively few edges in the western East Alameda County Conservation Strategy 4-40 October 2010 ICF 00906.08 • Chapter 4 Conservation Zones portion of the CZ; conservation activities for this species should be focused in • this area of potential habitat. Sixteen percent (708 acres) of the study area's unprotected modeled foothill yellow-legged frog is in CZ-18 (Table 4-19b) along the CZ's major streams—Arroyo Valle, Valpe Creek, and Trout Creek. In addition, CZ-18 contains a portion of the study area's unprotected modeled habitat for San Joaquin kit fox and American badger. CZ-18 contains 12% (18,929 acres) of the study area's unprotected potential San Joaquin kit fox habitat (Table 4-19d) across most of the CZ except its center,with the largest patches located west of Arroyo Valle.The western portion of the CZ contains what are likely the CZ's most suitable patches of potential American badger habitat. Aside from these large patches, modeled American badger habitat occurs in many small patches scattered across the landscape, comprising 8% (11,698 acres) of the study area's unprotected potential badger habitat (Table 4-19d). Finally, CZ-18 contains 15% (18,363 acres) of the study area's unprotected critical habitat for California red- legged frog (Table 4-20), a conservation priority for this CZ, and 17% (22,378 acres) of unprotected Alameda whipsnake habitat within Recovery Unit 5 (Table • 4-19b). 4.18.3 Summary Conservation priorities are based on the rarity of the feature in the CZ or the Conservation Strategy study area, or the risk of losing conservation • opportunities in the future. Conservation priorities for CZ-18 are listed below. o Protection of mixed serpentine chaparral and foothill pine/oak woodland land covers. o Protection of serpentine bunchgrass grassland, northern mixed chaparral/chamise chaparral, and blue oak woodland land covers. o Protection of contiguous patches of golden eagle nesting habitat. o Protection and restoration of Arroyo Valle,Valpe Creek, and Trout Creek to support foothill yellow-legged frog. o Protection of contiguous patches of San Joaquin kit fox and American badger modeled habitat. m Protection of critical habitat for California red-legged frog. o Protection of recovery unit habitat for Alameda whipsnake. • East Alameda County Conservation Strategy 4-41 October 2010 ICF 00906.08 x d O d O r — c 8 O 0 n e lb O C O e m m to p C t N o c u O N O U II y d m N U Q !, a o o N d r i d v Q 6U c C7) > c d rn m d `v a � n o e m 0 N N d Q 0 v n . a 11 U N n N • C o e — to o Cc d• -. m� 0 u▪ N AD co 0 o8 r- St 4 T 0 �- CI. e as en y d o e o o• Q m e N C• I- U q n o c CD rj C e a o o n In w nn r 3.3 Ln N 2 O m a` c o -o c u m d D O m O o d Y O a 0 a3 d• d m c 6 m F W d 9 y y (7 m o j ai >o j -0 d N c U Sts cr J C m O d c d i Q � - OW N . 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TO f U N U CI U U U Li V U U L) V NI U U U U U� Li V F Chapter 5 Conservation Strategy Implementation Table of Contents 5.1 Overview 5-2 5.2 Implementation Structure 5-3 5.2.1 Implementation Committee 5-3 5.2.2 Public Advisory Committee 5-5 5.2.3 Annual Meeting 5-5 5.2.4 Data Tracking and Reporting 5-6 5.3 Funding 5-9 5.4 Participating Entities 5-9 5.4.1 Local Governments 5-9 5.4.2 State and Federal Resource Agencies 5-10 5.4.3 Special Districts and Agencies 5-10 5.5 Project-by-Project Regulatory Compliance 5-11 5.5.1 National Environmental Policy Act 5-11 5.5.2 California Environmental Quality Act 5-11 5.5.3 Federal Endangered Species Permitting 5-12 5.5.4 State Endangered Species Permitting 5-14 5.5.5 Federal Clean Water Act Permitting 5-14 5.5.6 Clean Water Act Section 401 and the Porter-Cologne Water Quality Control Act 5-14 5.5.7 State Streambed and Lake Alteration Agreement 5-15 5.6 Conservation through Mitigation 5-15 5.6.1 Roles and Responsibilities of Project Applicants 5-16 5.6.2 Land Acquisition for Mitigation 5-18 5.6.3 Conservation Easements for Mitigation 5-20 5.6.4 Conservation or Mitigation Banks 5-24 5.6.5 New Concepts for Mitigation Planning 5-25 5.7 Conservation Actions Unrelated to Mitigation— Voluntary Conservation Actions 5-26 5.7.1 Existing Stewardship Programs 5-27 5.7.2 New Stewardship Programs and Tools 5-29 East Alameda County Conservation Strategy 5-1 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.1 Overview Implementation will be a challenging part of the Conservation Strategy, and the most critical. Effective implementation will require creativity, commitment, and flexibility.A variety of implementation methods will be needed to make this Conservation Strategy more than just a "shelf document."This chapter describes the methods for implementing the Conservation Strategy.The Conservation Strategy distinguishes between stewardship-driven conservation • (described in Chapter 3 as "Independent Conservation Actions") and mitigation- driven conservation (described in Chapter 3 as "Using this Strategy for Projects").The Conservation Strategy creates a structure where both types of conservation can collectively contribute to the regional goals set by the strategy. From a regulatory perspective,this Conservation Strategy may streamline and simplify the issuance of permits for future project proponents, establish priorities for mitigation and conservation, and help maintain native biological and ecological diversity in eastern Alameda County. This Conservation Strategy also aims to standardize avoidance, minimization, mitigation, and compensation requirements to comply with federal, state, and local laws and regulations relating to biological and natural resources of the study area. Although acquiring adequate mitigation would still be the responsibility of the project applicant,the process would be streamlined and therefore more efficient, • ultimately resulting in more effective conservation. The Conservation Strategy also provides a framework for future conservation efforts unrelated to mitigation. The Conservation Strategy establishes a baseline condition for acres of protected land in the study area and establishes which land cover types and focal species should be the focus of project planning and conservation efforts.The Conservation Strategy will be used to guide conservation projects, assist in obtaining grants for conservation efforts, contribute to the implementation of the San Francisco Bay Area Upland Goals projects, and promote the protection of wildlife corridors. It is intended to be utilized by various entities including but not limited to landowners, land trusts, non-profit organizations, and municipalities developing their regional planning documents. However, the Conservation Strategy is not creating any new regulations in Alameda County, nor is it changing the process by which a project applicant would obtain permits for impacts to biological resources.This Conservation Strategy simply provides information that can be utilized by project applicants, local jurisdictions,and state and federal regulators to increase certainty about project impacts and appropriate mitigation. • • East Alameda County Conservation Strategy 5-2 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation 5.2 Implementation Structure • The Conservation Strategy can be used immediately. Guidance in the strategy can be utilized for the various permitting vehicles described in Chapter 1.The Conservation Strategy is meant to be a "living document"that will be updated as new information becomes available to the Implementation Committee and • Public Advisory Committee. As described in Chapter 1, several federal, state, and local entities have prepared this Conservation Strategy through a Steering Committee that directed its preparation. Many members of that Steering Committee will remain involved during implementation of the Conservation Strategy. Any jurisdiction that opts to utilize the guidance in the Conservation Strategy for projects or for projects under their permit authority has a role in implementing the strategy. Additionally, implementation will rely on the technical expertise and working landscape knowledge of landowners (both public and private), development community, non-profit organizations, land trusts, etc. A committee of these agencies and organization is proposed to provide technical expertise and knowledge of the East County's working landscape necessary for effective implementation. This section describes the roles of the agencies and organizations that are anticipated to help implement the strategy. 5.2.1 Implementation Committee • In order to track how the strategy is working and update the strategy over time, an Implementation Committee will be formed. This committee will consist of one representative from each local agency that was a member of the Steering Committee during the planning process. Input from other local stakeholders will come from the public advisory committee described in the next section. It is important to note that the Implementation Committee will not arbitrate or negotiate mitigation on behalf of project proponents. It is not the role of the Implementation Committee to become involved in decisions regarding project mitigation. Such responsibility will remain with the project applicant and resource agencies. However, it is the role of the committee to assess how well the strategy worked to provide guidance to project proponents and the resource agencies regarding mitigation needs. The Implementation Committee will operate under the following mission statement: "The Implementation Committee will ensure that the East Alameda County Conservation Strategy is readily accessible as well as current, relevant, and practical for facilitating regional conservation and providing greater permitting certainty to local jurisdictions, project applicants, and the resource agencies." • East Alameda County Conservation Strategy 5-3 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • The Committee will rely on input from the general public and the public advisory committee. All Implementation Committee meetings will be open to the public. The following are the roles of the Implementation Committee. • Publicize the strategy within participating agencies and to other entities that may use the strategy through a project web site and outreach (e.g., presentations,training sessions, and other communications). • Answer questions from users of the strategy. • Develop guidance as needed to clarify and refine components of the strategy. is Track loss of natural lands and protection of natural lands in Alameda County (see Section 5.6 for details). m Prepare annual reports for CDFG and USFWS documenting the implementation of the strategy (see Section 5.6.3 for details). m Undertake periodic updates of the strategy based on significant new information on the focal species and their conservation. • Maintain the Conservation Strategy web site with the most up to date biological resource information (updated annually). • Ensure that the database is updated with new information on focal species. • • Seek federal and state grants to assist in funding implementation. El Facilitate or participate in EACCS focused discussions and planning with the Public Advisory Committee and stakeholders to explore new concepts for mitigation and voluntary conservation. Initially the Implementation Committee will meet monthly but eventually the committee will meet less frequently. The committee will check in with the resource agencies on the effectiveness of the strategy for their respective permitting processes and receive continual feedback from local agencies and permitting participants on implementation. A chair of the Implementation Committee will be designated. The responsibilities of the chair will include the following. m Organizing and preparing meeting agendas. • m Preparing meeting minutes and posting them to the Conservation Strategy web site. • Maintaining a record of conservation or mitigation acquisitions including conservation easements that are recorded in the study area during their tenure as chair. m Other duties determined by the Implementation Committee during implementation. • East Alameda County Conservation Strategy 5-4 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.2.4 Data Tracking and Reporting To track the relative level of impacts within each natural community and focal species modeled habitat in the study area, a database will be established.The Implementation Committee will update the land cover map(Figure 2-8) annually to account for the loss of land covers from project activities. Similarly they will update the Protected Open Space data (Figure 2-3)to determine how many additional acres of each land cover type have been protected in the previous year. Outputs from those two data sets will be tracked in a database which will allow for easy.reporting on the loss of habitat and the gain in habitat protection in a given year. 5.2.4.1 Database Development and Maintenance The Implementation Committee will develop and maintain a comprehensive data repository to track implementation of all aspects of the Conservation Strategy. The data repository and any associated databases should be structured such that a trained staff person (as opposed to a technician or programmer) can enter data (e.g., data base used by the East Contra Costa Conservancy to track impacts and mitigation). Additionally,the data base will allow for future expansion and integration with external databases (e.g., linkage to agency or other GIS map libraries). Finally,the database will allow for easy tabulation and reporting for the annual report.This information will be critical to assessing the efficacy of Conservation Strategy and will help identify conservation gaps in the future. The data repository should be structured to facilitate the following requirements. o Data documentation such that future users can determine why, how, and where data were collected (documentation standards [i.e., data about the data] should be consistent for all types of monitoring and over time; adequate documentation will facilitate the future use of monitoring data). to Quality assurance and quality control of the data. Is Access and use of the most current information in assessment and decision making (the database should allow repeated access to current and past information over time). ® Storage of spatial information in a GIS-linked database (a geodatabase). The primary types of information for which the data repository will be developed and maintained are listed below. m Monitoring and survey results. • East Alameda County Conservation Strategy 5-6 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation o General tracking of activities for each of the local jurisdiction, including • tracking of impacts based on an overlay of project footprints and Conservation Strategy land cover data. • o Annually update status of Conservation Strategy land cover preservation/creation/restoration acreage. o Adopted changes to the Conservation Strategy focal species occurrence • data and changes to Conservation Strategy land cover data. o Tracking of parcels with documented conservation activities or recorded conservation easements. is Track voluntary conservation efforts, both specific on-the-ground projects as well as non-mitigation based conservation easements in the study area. This would be best done on a regional level either for the entire study area or for each conservation zone (this many acres of grassland were managed for burrowing owl or this many ponds were restored and managed for focal species this year, etc.). 5.2.4.2 Conservation Tracking The primary purpose of maintaining a database is to track the progress that the Implementation Committee is making towards conservation goals and objectives set in the Conservation Strategy.The Implementation Committee will be responsible to track the following items. is The location, extent, and timing of recorded conservation easements and land acquisitions within each Conservation Zone and through the entire study area. O Descriptions of conservation agreements; lands acquired in fee title; interagency memorandums of agreement; management plans for private lands (developed in cooperation with the landowner); or any other agreements entered into for the purposes of protecting, enhancing, or restoring focal species habitat. ® An estimate of the location, extent, and timing of impacts on land cover types (based on reports submitted by project applicants). ® The location, extent, and timing of protection, enhancement, restoration, or creation of land cover types. The purpose of monitoring this basic information will be to track the Implementation Committee's progress toward achieving the conservation goals and objectives for focal species and natural communities. This tracking will help ensure that habitats for focal species and natural communities are conserved within the study area and allow for more accurate assessment of impacts on those resources at the project level as time goes on.Tracking this information in • • East Alameda County Conservation Strategy 5-7 October 2010 ICF 00906,08 Chapter 5 Conservation Strategy Implementation • a database will also allow for easier and consistent generation of graphics and tables for production in the annual report. 5.2.4.3 Annual Reporting The Implementation Committee will prepare an annual report at the end of each calendar year. Each annual report will summarize the previous calendar year's implementation-related activities. Annual reports will require synthesis of data and reporting on important trends such as general functionality of the Conservation Strategy, large projects that were permitted, land acquisition, and habitat restoration projects. Annual reports will be submitted to the designated representatives of the resource agencies and discussed at the Implementation Committee meeting(s). The reports will be posted on the Conservation Strategy public web site. The goals of the annual report are listed below. ® Providing the information and data necessary for the Implementation Committee to demonstrate to the resource agencies and the public that the Conservation Strategy is being implemented properly and functioning as anticipated. • Disclosing any problems with Conservation Strategy implementation so they can be corrected. la Documenting issues with Conservation Strategy implementation that may require additional coordination between the Implementation Committee and the USFWS and CDFG and/or effect changes in the Programmatic Biological Opinion and Consistency Determination. a Document issues with the templates, management plans, etc. and their implementation that may require coordination with technical specialists and with the project partners for correction or adaptation. Document changes in technical information that should inform this topic and implementation. Document new tools that could be utilized. C Identifying administrative or minor changes to the Conservation Strategy components required to increase the success of the strategy. At a minimum, annual reports will include the following information. o A year-to-date and cumulative summary(i.e.,from the start of Conservation Strategy implementation) of impacts on land cover types associated with implementation of project activities that have utilized the Conservation Strategy. • A year-to-date and cumulative summary of the extent of land cover types protected, enhanced, restored, or created. • East Alameda County Conservation Strategy 5-8 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation ® A map containing this information will also be generated. This will include an assessment of the progress toward all land cover acquisition goals reported by conservation zone and for the entire study area. 5.3 Funding It is assumed that the administrative costs associated with the Implementation Committee will be shared between all members of the Implementation Committee.This will mostly be contributions in staff time from each entity. External funding will likely be needed for the implementation database, web site maintenance, and annual report preparation. The Implementation Committee will also seek grants to assist in implementation cost sharing. A small fee could be imposed by local land use agencies on project utilizing the strategy to help pay for the administrative costs of implementing the strategy. The need for the fee and the amount of the fee will be determined by a separate cost analysis conducted by the Committee. 5.4 Participating Entities 5.4.1 Local Governments The local governments participating in the Conservation Strategy(Cities of Dublin, Livermore, and Pleasanton; Alameda County) have an important responsibility to assist with implementation of the strategy because of their authorities over land use in the study area. Each jurisdiction and/or organization will present the Conservation Strategy to their respective Boards and Councils for acceptance within six months of completion. Upon acceptance, members of the Implementation Committee and participating agencies and organizations will direct project applicants operating within their jurisdiction to the Conservation Strategy for guidance on how projects should avoid, minimize, and mitigate for impacts on biological resources in the study area. The participating local governments also have an important role in promoting the use of the strategy to their own staff for public infrastructure projects. Local governments may individually or collectively hold training sessions periodically on the background and mechanics of the Conservation Strategy so that their staff understands when and how to use it for planning and permitting purposes. Further, each agency has an obligation to implement long range plans and/or general plans that include Open Space Elements. Open Space Elements establish goals, objectives, and policies for the preservation and conservation of open space lands, including open space for the preservation of natural resources,the East Alameda County Conservation Strategy 5-9 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation • managed production of resources (including agricultural lands), outdoor recreation, and public health and safety. 5.4.2 State and Federal Resource Agencies • Representatives from the state and federal resource agencies may serve on the Implementation Committee. Resource agencies may, in part, be responsible for providing guidance to the Implementation Committee on how to fulfill the requirements of programmatic permits. USFWS and CDFG are the resource agencies that issue the federal and state authorizations and permits for incidental take of the focal species listed under the federal and/or state Endangered Species Acts. Thus,they may continue providing feedback on updates to the Conservation Strategy as it relates to the permitting process,critical habitat, and recovery of listed species. USFWS and CDFG will also receive and may assess the annual reports from the Implementation Committee. Other resource agencies may rely on information in the Conservation Strategy when issuing permits for impacts on resources within their jurisdiction. These other agencies may include the SFRWQCB,the Corps, Environmental Protection • Agency, etc. These agencies will also participate on the Implementation Committee. 5.4.3 Special Districts and Agencies Special districts and agencies participating in the Conservation Strategy (Alameda County Congestion Management Authority,Alameda County Waste Management Authority, Alameda County Resource Conservation District, East Bay Regional Park District, Livermore Area Recreation and Park District, Natural Resources Conservation Service, East Bay Municipal Utility District, Zone 7 Water Agency, the U.S. Federal Highway Administration, and Caltrans) have an important responsibility to assist with the implementation of the strategy • because of their authorities, resources, and programs. These special districts additionally have an important role in promoting the use of the strategy for their own projects, land management, and outreach to public and private landowners. Conservation Strategy mitigation lands and conservation areas will often border lands owned and operated by regional public agencies such as EBRPD, DWR, and SFPUC. These agencies will be invited to help guide implementation of the strategy by participating as a member of the Implementation Committee. In addition, representatives with species or land management expertise may also • participate on the Public Advisory Committee. East Alameda County Conservation Strategy 5-10 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation 5.5 Project-by-Project Regulatory Compliance • Approval of the Conservation Strategy will not change any existing regulations that govern development or infrastructure projects in the study area. Instead, the strategy will provide a regional framework for more effective and efficient permitting decisions. The following section provides a guide to how project applicants should utilize information in the Conservation Strategy when meeting existing regulatory requirements. Additional details on federal, state, and local • laws and regulation are found in Section 1.4, "Regulatory Setting," in Chapter 1. The intent of the Conservation Strategy is to ensure that all the jurisdictions and agencies coordinate their permitting responsibilities to implement the Conservation Strategy. Participating agencies may modify specific action and agreements to reflect their regulatory authority. Lands that are protected to meet the conservation objectives of the Conservation Strategy would be tracked, provided the information is made available to the Implementation Committee. 5.5.1 National Environmental Policy Act When federal agencies are completing the NEPA review process for projects inside of the study area they should rely on the Conservation Strategy for the natural environment section of their document. The Conservation Strategy provides extensive information for federal agencies to consider in their analysis of the effects of their proposed action and alternatives on biological resources of the study area at the species, natural community, and regional (landscape) levels. 5.5.2 California Environmental Quality Act The information provided in the Conservation Strategy may contribute to baseline information for the analysis of biological resources under CEQA. Once project impacts are assessed, the Conservation Strategy's avoidance and minimization measures, mitigation standards, and conservation actions may be used to develop mitigation measures. Many of the conservation measures will also benefit other special-status species (i.e., species that are not focal species under the Conservation Strategy) and may be sufficient to meet CEQA standards for these species as well. East Alameda County Conservation Strategy 5-11 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.5.3 Federal Endangered Species Permitting This section includes a description of how permitting under Section 7 and 10 of the federal ESA would interface with the Conservation Strategy. Any project with a federal lead agency or federal involvement(e.g., a federal permit,federal funding, or a project on federal land) must obtain its take authorization through Section 7. All nonfederal projects obtain take authorization through Section 10 and an HCP, as described in Chapter 1. The Conservation Strategy will also enable endangered species permitting to be coordinated with other regional permitting efforts in and adjacent to Alameda County.Those efforts include: • East Contra Costa County HCP/NCCP • Santa Clara County HCP/NCCP • San Joaquin County MSHOSP • Altamont Pass Wind Resources Area HCP/NCCP • East Bay Regional Park District HCP/NCCP • San Francisco Public Utilities Commission HCP • The baseline information available in each of these planning areas is similar as is level of detail expected in the permitting process. For project applicants operating in more than one of these regional planning jurisdictions consistency permit requirements will streamline the permit process. The conservation goals in this Conservation Strategy are consistent with these other plans. If conflicts between plans arise,then the USFWS and CDFG will be involved in reconciling those differences. 5.5.3.1 Endangered Species Act Section 7 The information provided in the Conservation Strategy for federally listed focal species would provide baseline information for an analysis of how the proposed project could affect the species in question.This information would be utilized by the project applicant during preparation of the biological assessment that would support their consultation application. It would also be utilized by the USFWS or NMFS when making their finding on how the project would affect the species. The strategy also provides guidance on avoidance, minimization, and mitigation/compensation measures that can be used to meet regulatory standards. • East Alameda County Conservation Strategy 5-12 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation Programmatic Biological Opinion • At the conclusion of the planning process for the Conservation Strategy,the USFWS will prepare a Programmatic Biological Opinion for federally listed species within the study area. The Programmatic Biological Opinion will be completed by the USFWS through a consultation with the Corps. That opinion will assess the effect that various activities orprojects could have on federally listed focal species, the effectiveness of avoidance and minimization outlined in the Conservation Strategy for each species, and conservation actions that should be incorporated into project design in order for a project to "qualify"for permit inclusion under the Programmatic Biological Opinion. Future projects with the need for permits from the Corps would then "tier" off of that initial analysis with future project specific biological opinions appended to the Programmatic Biological Opinion. This would greatly streamline the ESA Section 7 process for a large subset of future projects in the study area and facilitate implementation of the strategy. An additional programmatic opinion may be developed with the Federal Highway Administration for transportation projects. Individual Biological Opinion Individual biological opinions will prepared for projects that initiate consultation prior to the completion of the programmatic opinion(s)or have a different • action agency than the Corps or Federal Highway Administration. These projects will incorporate the Conservation Strategy and will require the same individual review but instead of"tiering"off of a programmatic opinion, a full project specific biological opinion will be prepared. Because the project will • have incorporated the goals, objectives, avoidance, minimization, and mitigation/compensation measures of the Conservation Strategy the consultation and preparation of the biological opinion will be streamlined. Projects that do not incorporate the Conservation Strategy or only parts of the Conservation Strategy will not benefit from a streamlined process. 5.5.3.2 Endangered Species Act Section 10 As is described above for Section 7, the information provided in the Conservation Strategy for federally listed focal species would provide baseline information for an analysis of how the proposed covered activities could affect the species in question.This information would be utilized by the project applicant during preparation of the HCP that would support their Section 10 permit application. It would also be utilized by the USFWS or NMFS when making their finding on the adequacy of the HCP at addressing and offsetting project-level impacts in the HCP. • East Alameda County Conservation Strategy 5-13 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.5.4 State Endangered Species Permitting The Conservation Strategy provides information on state-listed species that would be used by project proponents and local jurisdictions to determine whether a proposed project could result in take of a state-listed species. In addition, avoidance and minimization measures and mitigation practices outlined in the Conservation Strategy would be referenced by the project applicant when creating a plan that minimizes and fully mitigates the impacts of the project. By utilizing mitigation practices in this Conservation Strategy and linking mitigation to the conservation'goals and objectives of the Conservation Strategy, CESA take authorization could be streamlined through a programmatic consistency determination coordinate with the USFWS programmatic biological opinion. 5.5.5 Federal Clean Water Act Permitting 5.5.5.1 Clean Water Act Section 404 Although the Conservation Strategy will not provide permits under Section 404 of the CWA for impacts on wetlands or other waters, Section 404 permitting is • expected to be streamlined substantially as a result due to the amount of background material included in the Strategy and conservation action aimed at aquatic resources. Issuance of a Section 404 permit often requires the Corps to consult with USFWS and/or NMFS to comply with Section 7 of the ESA. This consultation would address the federally listed species that could be affected as the result of changes to or loss of wetland habitat. As discussed above, the USFWS plans to write a Programmatic Biological Opinion for activities that need Section 404 permit issuance and are within the study area. 5.5.6 Clean Water Act Section 401 and the Porter- Cologne Water Quality Control Act The Conservation Strategy does not include certifications under Clean Water Act Section 401 or waste discharge requirements under the Porter-Cologne Water . Quality Control Act. These authorizations, if required, must be obtained separately from the Regional Water Quality Control Board (Water Board). The Water Board is charged with maintaining the beneficial uses of waters of the state in the San Francisco Bay Region, as presented in the San Francisco Bay Basin Water Quality Control Plan (Basin Plan), which is the Board's master water quality control planning document (http://www.waterboards.ca.gov/sa nfra nciscobay/basi n_plann ing.shtml#2004b asinplan). Project proponents implementing activities that comply with the • • terms of the Conservation Strategy should find their permit process streamlined East Alameda County Conservation Strategy 5-14 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation with the Water Board for projects that may impact waters of the State with the • assigned Beneficial Use of preservation of rare and endangered species, because this Conservation Strategy provides a comprehensive means to address the needs of threatened and endangered species in the study area. Project proponents should also consult Appendix G (Water Quality Objectives for Use in Designing and Implementing Projects with Impacts to Creeks or Wetlands)for guidance in designing projects in a manner that minimizes impacts to waters of the State. Project proponents are encouraged to contact the SFRWQCB early in the development of mitigation proposals. Guidance on developing mitigation for impacts on waters of the State is provided on the SFRWQCB's web site, at http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/401_ certs/fact_sheet_wetland projects_12-1-06.doc. In general, mitigation for impacts on waters of the state will focus on creating, restoring, enhancing, and/or preserving waters of the state, with less emphasis on the upland components of habitat that are addressed in mitigation measures developed for compliance with CDFG and USFWS oversight of impacts on special-status species. It is often possible to provide mitigation for impacts on waters of the state within mitigation lands that also satisfy the habitat requirements of the CDFG and USFWS. Early consultation with the SFRWQCB may assist project proponents in identifying parcels that satisfy SFRWQCB mitigation • requirements, in addition to the mitigation requirements of CDFG and USFWS. 5.5.7 State Streambed and Lake Alteration Agreement A project proponent must submit a notification of streambed or lake alteration to CDFG before construction of projects with impacts to biological resources associated with rivers, streams and lakes. The notification requires an application and fee for a streambed alteration agreement. Many of the concerns raised by CDFG during streambed alteration agreement negotiations are related to special-status species. Activities that need a streambed alteration agreement are expected to partially or fully meet the standards of the streambed alteration agreement through the inclusion of avoidance and minimization measures and mitigation standards outlined in the Conservation Strategy. 5.6 Conservation through Mitigation • The Conservation Strategy provides information necessary to inform permitting decisions at a regional scale. In addition, the Conservation Strategy provides information at many spatial scales that will enable project applicants and regulatory personnel to make consistent determinations about how a project • East Alameda County Conservation Strategy 5-15 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • might affect focal species or their habitats. Project applicants and permitting agencies will have to engage at a smaller scale and more detailed analyses in order to directly link project impacts and the terms and location of the mitigation.This section describes the expected process to use the Conservation Strategy. • 5.6.1 Roles and Responsibilities of Project Applicants The ability of the Conservation Strategy to streamline project permitting depends upon the applicant's use of the document. The Conservation Strategy provides the background information, avoidance and minimization measures, and mitigation guidelines necessary for applicants to assess the sensitivity of their project location with respect to biological resources. Based on that information, applicants should use the Conservation Strategy by incorporating avoidance, minimization, and mitigation into their project design, before they approach local jurisdiction dr resource agencies with a plan proposal. 5.6.1.1 Use of the Conservation Strategy for Project Planning and Mitigation • Typical steps in the development review process are outlined below as they relate to Conservation Strategy. Note that variations are likely between local jurisdiction and state and federal resource agencies. Management plans for individual parcels or groups of parcels intended to provide mitigation for individual projects should be completed prior to project implementation and concurrent with the acquisition of the land, unless otherwise specified by federal and state resource agencies. Additionally,the mitigation standards and analysis presented in the Conservation Strategy should not apply to projects that do not incorporate the conservation goals, objectives, and priorities of the strategy.Those projects will require additional analysis and most likely increased mitigation. Suggested steps are: 1. Determine location of project site within study area. Submit a request to local jurisdiction with permit authority(city or county) for land cover and focal species information for that parcel from the GIS information generated for the Conservation Strategy. 2. Quantify the total acres of habitat on the parcel that will be lost as the result of the project. This should be quantified by Conservation Strategy land cover type (Table 2-1). If desired, verify regional data with site-specific survey data on land cover type. 3. Conduct site assessment by a qualified biologist of focal species occurrence • using accepted survey protocols for listed and special-status species, if East Alameda County Conservation Strategy 5-16 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation •available. An applicant may also assume presence of focal species with • suitable habitat that are difficult to detect. 4. Using the Focal Species Impact/Mitigation Score Sheets (Appendix E), a qualified biologist will determine the habitat quality score of the parcel for • each applicable focal species. • 5. Discuss site assessment and Focal Species Impact/Mitigation Score Sheets with local jurisdiction and USFWS and CDFG to verify approach (optional). 6. Based on the land cover impact acres quantified in Step 2, seek mitigation for all of the focal species that could occur on the parcel based on Conservation Strategy data and Species Score Sheets. Assess mitigation parcel(s) using the Focal Species Impact/Mitigation Score Sheets to ensure that the score for each species in question is equal to or higher than the score that was calculated for the project site. 7. Ensure that acreage of potential mitigation parcel(s) is enough to satisfy the Standardize Mitigation Ratio for each focal species found or assumed to be • present on the project site. Derive ratios using Tables 3-4 through 3-12 and Figures 3-6 through 3-14. 8. Procure initial agreements with owner of potential mitigation parcel (this step could occur earlier if the project proponent wishes to secure a mitigation option). 9. Include all appropriate avoidance and minimization measures in the design • and description of the project that will be presented to the local permitting jurisdiction and resource agencies (see Tables 3-2 and 3-3). 10. Present a completed project application package that includes the project description (including avoidance and minimization measures) and proposed mitigation with appropriate land protection (conservation easement, endowment and management plan)to the local permitting agency and to the state and federal resource agencies that have jurisdiction of the resources that could be affected. 11. Continue through standard permitting channels (i.e., CEQA, ESA, CESA) depending on the resources in question including specific information about avoidance and mitigation. If the avoidance and mitigation package•is rejected by the resource agencies, then work with the agencies to identify the deficiencies in that proposal and if needed procure agreements on another property that meets their needs starting with Step 5 in this list. 12. Upon completion of permitting process and final approvals, implement mitigation prior to or concurrent with project construction or commencement. 13. Once final project design is approved and mitigation agreements are made, report the final acres lost on the parcel and the final acres protected through mitigation, by location and land cover type,to the local permitting • East Alameda County Conservation Strategy 5-17 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • jurisdiction, which will in turn be responsible for reporting it to the Implementation Committee. 14. The local jurisdiction will report the project information to the Implementation Committee. This information will be entered and stored in the Conservation Strategy Tracking Database. 5.6.2 Land Acquisition for Mitigation A central component of mitigation is the requirement that resources be protected in perpetuity. Protection in perpetuity generally requires the property have a conservation easement conveyed to a third party that is approved by the resource agencies to hold conservation easements. CDFG and USFWS are typically third-party beneficiaries depending upon their jurisdiction over the focal species requiring mitigation. Public agencies, such as cities or park districts, may acquire lands suitable for mitigation upon approvals from federal and state resource agencies. In addition public agencies may act in favor for the project applicant(e.g, agreement between applicant and special district where special district acquires land and applicant conveys a conservation easement on land for mitigation purposes). Mitigation for listed species or natural resources under CDFG or USFWS jurisdiction often includes • compensation lands with a conservation easement, management plan, and funded endowment to ensure management in perpetuity. In addition to having a permanent conservation easement placed on the mitigation lands, a resource management plan and long-term maintenance and monitoring endowment must also be established and all documents approved by the resource agency(ies) requiring the mitigation. East Alameda County is largely undeveloped, with the exception of the Cities of Dublin, Pleasanton, and Livermore. Because the majority of species' habitat occurs on lands under private or public ownership outside of the three cities, the bulk of conservation opportunities that will support the goals and objectives of the Conservation Strategy will need to occur on those lands.The land acquisition process should generally follow the steps listed below for land acquired in fee title or through conservation easements. The steps to procuring a conservation easement on a property are discussed later in this document. A project applicant(i.e.,the entity in need of mitigation) could perform these steps on their own or in conjunction with a variety of partners including, but not limited to the resource agencies, local jurisdiction(s),the RCD,the Alameda County PLCS, special districts (LARPD, EPRPD, etc.), and land trusts. ■ Identify sites that have the potential to meet conservation goals within a given Conservation Zone. • East Alameda County Conservation Strategy 5-18 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation a Approach property owners and or local entities such as the RCD or PLCS who have active lists of landowners interested in mitigation with a proposal to acquire land through conservation easement or fee title. o If the property owner is willing, enter into an agreement with them to conduct pre-acquisition surveys of property for land cover types (including . jurisdictional wetlands and waters) addressed in the Conservation Strategy and habitat for focal species. These surveys are typically conducted at the project applicant's (i.e., entity in need of mitigation) expense. If landowner has been working with RCD or PLCS, much of this information may already exist. a For conservation acquisitions in fee or as conservation easements, develop Baseline Conditions Report to document existing conditions on the site prior to conveyance of the conservation easement. o Determine if site meets Conservation Strategy conservation goals and objectives and ensure that property encumbrances (e.g., existing conservation easements, property title, resource extraction rights, presence of hazardous materials [Phase I environmental assessment]) do not conflict with Conservation Strategy goals and objectives. For conservation easements, use the agency template to determine conservation easement terms and management prior to purchase. ® Acquisition may require an appraisal of property rights (conservation easement or fee) subject to negotiation between the property owner and • project applicant. M If the project applicant evaluates multiple mitigation sites,then rank available sites on the basis of cost versus ability to meet Conservation Strategy conservation goals and objectives. e Make offer to property owner and develop acquisition terms, purchase and conservation easement conditions, if appropriate. If the site will be proposed as mitigation for listed species impacts, recommend consultation with USFWS and CDFG prior to commitment of financial resources and document language to the property owner. IS Prepare a draft a conservation easement if the project affects federally or state listed species and prepare a management plan for the site based on site conditions. Management plans will be consistent with the Conservation Strategy and will need to be approved by the resource agencies. Conservation easements will be consistent with the resource agencies' templates and are subject to review and approval by resource agencies. O Examine all leases that apply to the property for consistency with . Conservation Strategy conservation goals and objectives. Inconsistent leases will be terminated, subordinated, or modified to conform. ® Execute sale of fee-title or conservation easement and complete all related documents and processes, including funding the endowment for the long- term management plan. • East Alameda County Conservation Strategy 5-19 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • c Initiate management plan and monitoring, and conduct habitat restoration (if applicable). • 5.6.2.1 Willing Sellers A key principle of the Conservation Strategy is that mitigation land will only be acquired by the project applicants from willing sellers. However,the implementation of the Conservation Strategy does not change the terms under which private lands can be condemned for the public good. The acquisition of sensitive resources and habitat, regardless of the method, may contribute to regional conservation and the implementation of the Conservation Strategy. However, utilizing eminent domain to acquire lands for mitigation is contrary to the intent of the Conservation Strategy to facilitate mitigation only through willing sellers. 5.6.3 Conservation Easements for Mitigation A conservation easement is a legal agreement a property owner makes with another entity, in this case an entity needing mitigation (mitigator),to voluntarily sell certain property rights and protect the specific resources in • question to meet the mitigation need. To understand the conservation easement concept,think of owning land as holding a bundle of rights (i.e., development rights, water rights,timber harvest rights, mineral rights, etc). Through a conservation easement, a landowner may sell the whole bundle of rights, or just the particular rights necessary to protect the resources in question in perpetuity. These rights may include, for example, land management techniques, the right to construct buildings, to subdivide the land, or to restrict access. In the study area, conservation easement restrictions typically permit landowners to continue traditional uses of their land such as livestock grazing, subject to management plan vegetation performance standards. • For a mitigation transaction,the Deed of Conservation Easement,which clearly spells out the goals, restrictions, obligations, rights maintained, monitoring requirements, and enforcement procedures, will be based on existing legal templates developed by the resource agencies. These templates (attached in the Conservation Easement Toolkit, Appendix F) provide both the resource agencies, mitigators, landowners, and conservation easement holders with a clear understanding of the basic expectations involved in a conservation easement. The templates can be tailored,to a limited extent, to the particular property and/or the particular needs of the conservation easement purchaser/mitigator as well as the habitat goals for and other conservation values on that property. Conservation easements not following the agency templates, or that have been modified, will require significant review by agency • attorneys and may not be appropriate for certain mitigation purposes. East Alameda County Conservation Strategy 5-20 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation For USFWS, conservation easement holders must have third party oversight by a • qualified non-profit or government agency. Qualifications include: o Organized under Internal Revenue Code 501(c)(3); o Qualified under California Civil Code 4 815; ® Bylaws, Articles of Incorporation, and biographies of Board of Directors on file at, and approved by USFWS. Must meet requirements of USFWS, including 51%disinterested parties on the Board of Directors; or o Additionally conservation easement holders must have satisfactorily completed CDFG due diligence process for conservation easement holders and/or be accredited by the Land Trust Accreditation Commission. a The conservation easement holder cannot be the same as the fee title holder The specific terms of the conservation easement will be developed and negotiated using the templates provided by each resource agency. Each conservation easement will be drafted to protect the existing conservation values of the property forever, and to confine the allowable uses of the property to those activities that ensure or promote the preservation or enhancement of those conservation values consistent with the Management Plan. The terms of the conservation easement also prevent any use of the property that would impair or interfere with the conservation values of the • property. The conservation values will be specifically described in terms of both the native species and their habitat, and other natural communities on the property. Conservation easements are typically recorded prior to project commencement. Except as necessary to maintain or enhance conservation values, each conservation easement will be consistent with the template shown in Appendix F. Any owner of property with conservation values may sell a conservation easement. If the property belongs to more than one person, all owners must consent to selling a conservation easement. If the property is mortgaged,the owner must obtain an agreement from the lender to subordinate its interests to those of the conservation easement holder so that the conservation easement cannot be extinguished in the event of foreclosure. Once executed,the landowner conveys the right to enforce the negotiated stewardship plan, including land use restrictions to a qualified conservation recipient, such as a public agency, a land trust, RCD, or approved conservation organization. Finally, a conservation easement remains tied to the land—that is, the original owner and all subsequent owners are bound by the restrictions of the conservation easement. The conservation easement is recorded at the county or city records office so that all future owners and lenders will learn about the restrictions when they obtain title reports. • East Alameda County Conservation Strategy 5-21 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation 5.6.3.1 Conservation Endowment • Another key component of the conservation easement process is development of the conservation endowment.This nonwasting endowment is designed to provide funding in perpetuity to implement management recommendations, adaptively manage the conservation easement area to meet management plan goals,to cover monitoring expenses. When determining the appropriate amount of funds necessary to manage the conservation easement land in perpetuity, the land manager must analyze the characteristics and needs of the specific property from which management requirements are derived. The endowment should include management tasks and their costs as well as the necessary administrative costs to provide the full cost of managing the property. Funding for the management is derived from the interest of the endowment only. Therefore,the principal needs to be sufficient to generate adequate interest for the management and monitoring activities and to account for inflation. The endowment will be fully funded prior to project commencement. CDFG has a specific process for approving endowment holders. That process is currently undergoing revision. This section will be updated once a final process is agreed upon. For now, project proponents and landowners should contact their local CDFG representative if they have questions. • 5.6.3.2 Long-Term Management Plans Any property that is purchased and/or placed under conservation easement for the purpose of providing mitigation will need to have a long-term management plan. The purpose of this long-term management plan is to ensure the mitigation parcel(s) or bank is managed, monitored, and maintained in perpetuity as required by the conservation documents. This management plan establishes objectives, priorities, and tasks to monitor, manage, maintain, and report on the waters of California and the United States,focal species, and natural communities or other resources that are being provided as mitigation on the site. One of the intended outcomes of this Strategy is to have consistent management across the study area for similar land cover types and species to the degree possible. Ultimately this responsibility falls to the resource agencies. The management plan is a binding and enforceable instrument, implemented by the conservation easement covering the property. It is to ensure management of the site in perpetuity and becomes a binding "contract" between the land owner and the resource agencies that give the agencies the assurances that they need to allow a parcel to be used as mitigation. A template of a typical management plan is included in Appendix F. The landowner is responsible for implementing the management plan in perpetuity, and may contract this work if desired. If changes to the program are needed based on monitoring data the long-term management plan can be updated through an adaptive management process. • East Alameda County Conservation Strategy 5-22 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation 5.6.3.3 Monitoring • The third-party organization or agency that holds the conservation easement is responsible for enforcing the restrictions contained in the conservation easement document. To do this,the conservation easement holder monitors the property on a regular basis, and typically prepares a report once a year. Representatives of the holder visit the property, usually accompanied by the owner,to determine whether the property remains in the condition prescribed or enhanced by the conservation easement and documented at the time of the conservation easement is recorded. The holder maintains written records of the monitoring visits. The visits also serve to keep the holder and the property owner in regular communication. If a monitoring visit reveals that the • conservation easement has been violated,the conservation easement holder has the legal right to require the owner to correct the violation and restore the property to its condition prior to the violation as prescribed in the negotiated easement and/or management plan. 5.6.3.4 Partnership for Land Conservation and Stewardship: Conservation Easement Facilitation The PLCS was developed under Alameda County's Measure D that required the • County to develop a "Land Trust" to support conservation of open spaces in eastern Alameda County.The Alameda County Board of Supervisors, acting upon recommendations from the County Agricultural Advisory Committee, created PLCS as a program intended to facilitate bringing together landowners interested in selling conservation easements and offering resource enhancement projects on their property with funding sources interested in buying those conservation easements or in constructing the enhancements. Rather than develop a new land trust,the Board of Supervisors elected to develop a facilitating entity that would work cooperatively with landowners, conservation organizations, and others to coordinate protection of the county's natural resources.The Alameda County RCD is the fiscal agent for PLCS and also provides technical and educational support for PLCS related to natural resource conservation and agriculture enhancement. PLCS will develop a table to provide a list of the key steps and documents to complete a conservation easement transaction. When complete,this table will be included in the Conservation Toolkit (Appendix F).This table also provides guidance of responsible parties for each step and puts these steps in sequential order for ease of use. PLCS educates landowners about conservation easements, while connecting the landowners, mitigating entities, and conservation easement holding entities to complete a mitigation transaction on private lands. The agreements between the parties involved are reached voluntarily. • East Alameda County Conservation Strategy 5-23 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.6.4 Conservation or Mitigation Banks A conservation or mitigation bank is privately or publicly owned land managed for its natural resource values. In exchange for permanently protecting and managing the land,the bank operator is allowed to sell habitat credits to project proponents who need to satisfy legal requirements for compensating environmental impacts of development projects.' A conservation or mitigation bank is a free-market enterprise that performs the following functions. • Offers landowners economic incentives to protect natural resources. • Provides permanent protection of resources prior to impacts (i.e., a conservation easement is executed for the bank prior to any credits being sold on the market). • Saves project applicant's time and money by providing them with the certainty of preapproved compensation lands that have existing management plans and funding. • Provides protection and management of habitat in perpetuity. The goals of private mitigation banks are generally compatible and supportive of regional conservation plans such as the Conservation Strategy. Mitigation banks • provide entities in need of mitigation with a simple solution to meeting some or all of their mitigation needs, which in turn helps the Implementation Committee achieve the goals and objectives in the strategy. Each bank holds "credits," typically by species,that are based on the resources protected within the bank and that the resource agencies that have granted to the bank. Because of the limitations on available credits, it is not always possible for a mitigator to have all of their projects mitigation needs met through one bank or even multiple banks. For example, a given bank may have California tiger salamander credits but not burrowing owl credits, or it may have California red-legged frog credits but not riparian habitat credits.There are a few approved banks operating in the study area. Because land and resources are protected up-front for mitigation banks,these areas within the study area will be counted toward the conservation goals and objectives in Conservation Strategy as they are approved. Banks that have already been approved have already been accounted for in Table 3-1 and are considered Type 1 Open Space. Credits sold by banks outside the study area cannot count towards meeting the Conservation Strategy's goals even if the bank's service area is within the Conservation Strategy planning area. Private parties wishing to develop and establish a new mitigation bank in the •. study area should consult guidance and instructions provided by CDFG ' For additional information on banking see the following web sites: • <www.dfg.ca.gov/hcpb/conplan/mitbank/mitbank.shtmt>and<www.fws.govJsacramentoJes/cons— bank.htm>. East Alameda County Conservation Strategy 5-24 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation (http://www.dfg.ca.gov/habcon/conplan/mitbank/) and USFWS • (http://www.fws.gov/sacramento/es/cons_bank.htm). • 5.6.5 New Concepts for Mitigation Planning Listed below are additional mechanisms or agreements that could be entered into with federal,state, or local jurisdictions that would guarantee conservation on lands within the study area. While mitigation typically occurs between one project applicant and one landowner there are additional ways to accomplish the same goal. For example, the development of a mitigation bank can be done on a different scale and with potentially better results than the project-by- project mitigation alternative. Below is a list of additional ideas that the Implementation Committee will continue to explore.This is intended to be a running list of ways to increase the efficiency and effectiveness of mitigation in the study area and to continue to engage private landowners in the act of conserving natural resources on their lands. 1. Early Coordination. Work with resource agencies and local and state infrastructural/utility agencies (i.e., Zone 7, California Department of Transportation (Caltrans),SFPUC, etc.) to develop early-mitigation planning efforts that would facilitate implementation of mitigation prior to anticipated impacts. This type of effort would facilitate pre-mitigation and • allow utilities or other infrastructure agencies with large capital improvement plan portfolios to address permitting requirements well in advance of project implementation. By enabling this type of conservation, mitigation monies can be figured into annual budgets, monies can be pooled, and larger tracts of land can be protected. Advanced mitigation also ensures that mitigation will offset the temporal loss of habitat that occurs between the time that the impacts occur and the time when mitigation reaches full maturity. 2. Facilitate Mitigation Banks. Establish framework that enables the establishment of one or more co-operatives between two or more private landowners to establish a mitigation bank on multiple parcels of land at one time. In theory this would allow private landowners to lower the start up cost of a mitigation banking effort by pooling their resources and consolidating interactions with the resource agencies. 3. Revolving Funds. Utilize local open space funds (Altamont Landfill Open Space Fund,Vasco Road Landfill Open Space fund etc.) as revolving fund to acquire high-priority land from willing sellers with an immediate deadline. Local agency could hold the land with an option to reimburse the originating open space fund with future mitigation funds. (Once a permanent conservation easement is established to mitigate a specific project,the originating open space fund is no longer eligible for reimbursement unless surplus mitigation is available on the site.) East Alameda County Conservation Strategy 5-25 October 2010 ICF 00906.08 • Chapter 5 Conservation Strategy Implementation • 4. Fund Coordination. To increase efficiency of funds and to contain project and acquisition costs, Strategy encourages cooperative projects from multiple funders. 5. Reduce Mitigation Cost. Work with stakeholders to develop new tools and processes that will reduce the cost of mitigation (e.g., pre-certifying mitigation lands to reduce costs of surveys). Any investigations necessary to pre-certify lands for mitigation will remain the responsibility of a the land owner and will not be subsidized by the EACCS Implementation Committee. 5.7 Conservation Actions Unrelated to Mitigation— Voluntary Conservation Actions East Alameda County is largely undeveloped, with the exception of the Cities of Dublin, Pleasanton, and Livermore. With growth controls in place in this part of the county (city UGBs and Measure D), it is expected that the portion of conservation that would occur as the result of mitigation for project impacts is less than other conservation opportunities. Because the majority of species' habitat occurs on lands under private or public ownership outside of the three cities,the bulk of conservation opportunities that will support the goals and objectives of the Conservation Strategy will need to occur on those lands. Some • of these conservation efforts will be funded by mitigation money, but most will not. To maximize the use of public and private lands for focal species habitat, this strategy includes a focus on use of existing, incentive-based stewardship programs, and suggests developing new stewardship programs to increase the number of ways that conservation actions can occur on private or public lands. The Implementation Committee is committed to supporting voluntary actions that further conservation in the study area. The Implementation Committee, when and where appropriate, will look for innovative ways to support others taking the lead in implementing voluntary conservation actions provided that it • is consistent with the goals/objectives outlined in the strategy. This section specifically addresses conservation actions that are not funded or driven specifically by mitigation, but instead are conducted by landowners (public or private), land trusts, non-profits conservation groups, etc. These efforts are voluntary and are conducted in an effort to increase the resource values in the study area. It should be noted that although the bulk of this section is focused on supporting private landowners, many of the programs and concepts for non-mitigation based conservation are applicable to any individual or organization interested in conducting or funding conservation actions in the • study area. Whether or not private landowners are interested in participation in conservation through mitigation opportunities,the Strategy provides useful • • information that the private ranchers can use to better understand the land East Alameda County Conservation Strategy 5-26 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation type, habitat, species and management needs of their own lands that will • enhance their stewardship decisions. The Strategy will provide such reference material and access to knowledgeable stakeholders. The landowners' • easements when completed will be recorded and their stewardship efforts, if made public, would be recognized by the Strategy's databank and outreach activities. As new conservation tools and educational activities are developed, landowners will have the opportunity to participate. There are several local land trusts and state-wide land trusts. Land trusts have a special opportunity to utilize and obligation to implement the Strategy as it pertains to their respective missions. They will participate in easement negotiations (both voluntary conservation and mitigation) as easement holders, report voluntary conservation transactions to the databank, and hold and monitor both types of easements in perpetuity. The land trusts, much like the landowners may utilize the reference material and other stakeholders in planning their own conservation goals and in performing their stewardship responsibilities.They will participate in landowner and community education and outreach. The existence of the Strategy may help facilitate the award of grants for voluntary conservation efforts. 5.7.1 Existing Stewardship Programs There are a wide variety of existing conservation programs in the study area S that are currently being utilized to further stewardship and conservation on private and public lands. Not all of these efforts specifically target the conservation of focal species; however, most are concerned with retaining natural landscapes and intact habitats. Most of these efforts fall into one of the following three categories: conservation planning for ranches and/or farms; technical assistance and/or cost-share for implementing conservation actions; or education. These programs range from the suite of Federal Farm Bill—related programs overseen by the NRCS and local conservation programs implemented through the RCD to USFWS Partners Program projects to large-scale conservation easement efforts funded by private conservation organizations like The Nature Conservancy,the California Rangeland Trust, and local land trusts such as the Tri-Valley Conservancy as well as agencies like the Department of Conservation and Wildlife Conservation Board. A full listing of currently available stewardship programs can be obtained in Appendix F. These existing programs can provide anything from technical assistance and cost-share support for implementing conservation projects to restoration of wildlife friendly stock ponds. Of particular note is pest and weed management programs provided by the Alameda County Agriculture Department and forestry expertise provided by the County Forester. Although many of these programs are not specifically designed to conserve a piece of land in perpetuity (i.e.,through fee-title purchase or purchase of a conservation easement),they nonetheless provide • both incremental and cumulative benefits for conservation of various land cover types, habitats, and native species throughout the study area. • East Alameda County Conservation Strategy 5-27 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation • 5.7.1.1 Endangered Species Act Safe Harbor Agreement Landowners participating in the Conservation Strategy also have the opportunity to voluntarily enter into a Safe Harbor Agreement(SHA)with USFWS. The USFWS must ensure the SHA results in a "net conservation benefit" for the listed species on the enrolled property.The baseline conditions must be determined, as well as the beneficial activities, routine and on-going activities proposed for incidental take coverage, and potential impacts from returning the property to baseline after the end of the agreement. When the landowner meets all the terms of the SHA,they will receive written, formal assurances from USFWS that additional or different management activities would not be required without the participant's consent during the period of time for which the SHA is valid. Under Section 10 of the ESA, the landowner would receive an Enhancement of Survival Permit authorizing incidental take of species that may result from actions undertaken by the landowner under the SHA. In exchange, the landowner would participate in actions that would contribute to the recovery of federally listed species. At the end of the SHA period,the participant also has the option of returning the enrolled property to the baseline conditions that existed before entering into the SHA. For more information on Safe Harbor Agreements visit the USFWS website, http://www.fws.gov/sacramento/Partnerships/safe_harbor.htm. • Currently there is a safe harbor program that is administered by the ACRCD for rehabilitation of stock ponds.This allows for the rehabilitation of stock ponds provided that they enhance habitat for California red-legged frog and California tiger salamander. Establishing the baseline under the safe harbor agreement give private land owners some assurance that they can conduct the work on their ponds without permitting delays or costs and that they can operate their pond within certain parameters provided that the quality of habitat does not become less than what it was when the program was initiated. Details on this program can be found at: htt p://www.fws.gov/ecos/ajax/d ocs/plan_documents/ts ha/ts h a_572.pdf 5.7.1.2 California Department of Fish and Game Voluntary Local Program Agricultural landowners (farmers and ranchers)who want to enhance habitat on their property can be protected from endangered species regulations.The California Endangered Species Act offers such protection (Fish and Game Code Section 2086). Landowners can sign up for a Voluntary Local Program to restore or enhance habitat and receive permission to incidentally take (injure or kill) threatened or endangered species in the course of their routine and ongoing farming or ranching activities. • East Alameda County Conservation Strategy 5-28 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation The Voluntary Local Program is DFG's compliment to the federal Safe Harbor • Agreement Program sponsored under the federal Endangered Species Act.The two programs have the same goals of trying to encourage landowners to enhance habitat for threatened and endangered wildlife, while maintaining viable agricultural operations. 5.7.2 New Stewardship Programs and Tools As the Conservation Strategy was developed, various landowners, representatives from conservation organizations and local agency staff, and state and federal resource agency personnel have discussed concepts to help foster conservation on private lands in east Alameda County. New ideas are constantly being developed, and the Implementation Committee will continue to solicit information on new ideas for furthering the goals of the Conservation Strategy through voluntary stewardship and hold discussions on how to best implement them. In many cases there are examples of existing programs that fit into these categories.They are listed when appropriate. Below is a list of ideas generated by the Implementation Committee, the UAG, and various other stakeholders. This list is in no particular order and does not suggest available staffing or funding or represent a hierarchy or prioritization of the listed ideas, issues, and concepts. 1. ECOSYSTEMS SERVICE CONTRACTS AND TAX INCENTIVES. Consider • development of a habitat based program similar to the Williamson Act that would provide tax breaks for landowners willing to develop and implement long-term, but not perpetual, conservation plans and actions.This would require the development, implementation, and monitoring of a management plan and would be a commitment for a predetermined period of time. 2. STOCK POND AMNESTY PROGRAM. Work with the State Board, Regional Water Quality Control Board, CDFG,and the California Rangeland Conservation Coalition to develop a new pond registration amnesty program or something with similar intent to simplify and incentivize landowners to register their stock ponds with the State Board. In the current regulatory climate, it is very difficult to obtain permits from both the Regional Water Quality Control Board (401 Certification) and the CDFG (1600 Agreement)for conservation projects on unregistered ponds, even if those projects would benefit listed species. Registering ponds can be costly, time-consuming, and confusing,thus creating a disincentive to landowners to register them.This may create significant issues with using existing ponds as mitigation for impacts on resources under state jurisdiction. 3. FACILTATE BASELINE DATA ASSESSMENTS ON PRIVATE LANDS. Develop and expand landowner training/education opportunities to provide landowners with the tools and procedures to collect baseline data on species occurrences and conservation opportunities on their properties. Baseline • East Alameda County Conservation Strategy 5-29 October 2010 ICF 00906.08 Chapter 5 Conservation Strategy Implementation data collection would also support voluntary long-term management and monitoring. This could provide the biological resources information necessary for mitigation. 4. EXPAND LANDOWNER EDUCATION ABOUT CONSERVATION EASEMENTS. Work with PLCS and land trusts to develop and expand landowner training/education on the implications and nuances of executing a conservation easement on private property. In conjunction with this effort, landowners have suggested developing online resources,to serve as a clearinghouse for information on conservation easements, lessons learned, and a library of on-line resources and provide referrals for local professionals that specialize in conservation transactions (appraisers, tax professionals, real-estate brokers, biologists, etc). 5. CONTINUE LANDOWNER AND OPERATOR EDUCATION ABOUT HABITAT AND SPECIES STEWARDHSIP. Renew the RCD's Partners in Restoration Permit Coordination Program to coordinate permitting for a suite of voluntary NRCS/RCD sponsored conservation actions on private lands. The future efficacy of this program is tied to Step 3 above. Changes that are instituted upon program renewal would be consistent with the conservation goals and objectives of the Conservation Strategy. This effort would be coordinated with the California Rangeland Conservation Coalition. 6. UTILIZATION FEE. Work with local jurisdictions to consider creating a • Conservation Strategy Utilization Fee that would be tied to development applications and could be used as cost-share grants for implementing various types of conservation projects in the study area (e.g., . cost-share grants for conservation actions funding for programs that perform outreach and education to landowner education). 7. In coordination with a Conservation Strategy Utilization Fee (#6), or another existing local conservation funding mechanism, develop a program modeled after other local programs for fund dispersal, such as the County Fish and Game Commission. 8. TRACKING VOLUNTARY EFFORTS. In concert with the mitigation tracking database to be developed for Conservation Strategy,find a way to track voluntary conservation efforts, both specific on-the-ground projects as well as non-mitigation based conservation easements in the study area. This would be best done on a regional level either for the entire study area or for each conservation zone (i.e.,this many acres of grassland were managed for burrowing owl and this many ponds were restored this year). This information will be critical to assessing the efficacy of Conservation Strategy and will help identify conservation gaps in the future. 9. DEVELOP ECOSYSTEM SERVICES VALUATION PROCESS. Work with California Rangeland Conservation Coalition, NRCS, and ACRCD to develop a local mitigation marketing system that recognizes the monetary benefits of land stewardship provided voluntarily by private and public landowners. • East Alameda County Conservation Strategy 5-30 October 2010 ICF 00906.08 Chapter 6 Literature Cited Table of Contents 6.1 Printed References 6-1 6.2 Personal Communications 6-21 6.1 Printed References Alameda County Community Development Agency. 2002. East County Area Plan (Revised by Initiative Nov. 2000). Planning Department. Hayward,CA. Available: http://www.acgov.org/cda/planni ng/plans/EastCountyArea Pla ncombi ned.p df.Accessed:February 19,2009. Alameda County Community Development Department. 2008.Alameda County General Plan—Agriculture Element. Draft Version. Hayward,CA. Prepared for:Alameda County Community Development Department. Alameda County Community Development Agency. 2007.East County Area Plan Land Use Diagram. Draft Version. Hayward,CA. Prepared for:Alameda County. Alameda County Resource Conservation District. 2006.Arroyo de la Laguna streambank restoration project. Project fact sheet.Available: http://www.acrcd.org/Portals/0/Arroyo/ArroyoFactSheet.pdf.Accessed: April 27, 2009. Alameda Creek Alliance. 2009. Recent fish documentation.Available: http://www.a la medacreek.org/Historical%2Ophotos/recent%20fish%2Odoc umentation/Recent%20fish%20documentation.htm.Accessed: February 23, 2009. Updated March 12,2008. East Alameda County Conservation Strategy 6-1 October 2010 ICF 00906.08 • Alameda Creek Alliance. 2009. Arroyo Mocho. Available: http://www.ala medacreek.org/Fish_Passage/Arroyo%20Mocho/Arroyo%20 Mocho.htm. Accessed: April 27, 2009. Updated April 24, 2009. Alvarez,J. A. 2004. Rana aurora draytonii (California Red-legged frog) Microhabitat. Herpetological Review 35:162-163. Arnold, R.A. 1981. Distribution, life history, and status of three California lepidoptera proposed as endangered or threatened species. California Department of Fish &Game, Inland Fisheries Branch. Final report for contract#5-1620. 39 pp. Arnold, R. A. 2008. Draft Survey Report for Four Endangered Butterflies at the San Francisco Peninsula Watershed for the Crystal Springs/San Andreas Transmission System Upgrade Project. Prepared for SFPUC. 21 pp. Association of Bay Area Governments. 2006. Projections 2007: Forecasts for the San Francisco Bay Area to the Year 2035. ABAG Catalog Number P07001PRO. Oakland, CA. Baker, G.A., P. W. Rundel, and D.J. Parsons. 1981. Ecological relationships of Quercus douglasii(Fagaceae) in the foothill zone of Sequoia National Park, California. Madronio 28:1-12. • Barbour, M.,J. Burk, and W. Pitts. 1993. California's Changing Landscapes: Diversity and Conservation of California Vegetation. Sacramento,CA: California Native Plant Society. Barbour, Michael G.; Keeler-Wolf,Todd; and Schoenherr, Allen A. 2007. Terrestrial vegetation of California. Third Edition. Berkeley and Los Angeles, CA.: University of California Press. Barry, S.J. and H. B. Shaffer. 1994.The Status of the California Tiger Salamander (Ambystoma californiense) at Lagunita:A 50-Year Update. Journal of Herpetology 28:159-164. Bartolome,J. W., and B. Gemmill. 1981. The ecological status of Stipa pulchra (Poaceae) in California. Madronio 28:172-184. Bay Area Open Space Council. 2004. San Francisco Bay Area Uplands Goals Project. Phase One: Reconnaissance, Final Report. September.Available: http://www.openspacecou ncil.org/upload/files/20090513155457_baosc_u pland_2004.09.28_phase_one_final_report.pdf. Accessed August 2009. • East Alameda County Conservation Strategy 6-2 October 2010 ICF 00906.08 Beedy, E. C. and W.J. Hamilton III. 1997. Tricolored Blackbird Status Update and • Management Guidelines.Jones &Stokes Associates, Inc. (JSA 97-099.) Sacramento, CA. Prepared for U.S. Fish and Wildlife Service, Portland, OR; and California Department of Fish and Game, Sacramento, CA. ---. 1999. Tricolored Blackbird (Agelaius tricolor). In A. Poole and F. Gill (eds.),The Birds of North America, No. 423. Philadelphia, PA: The Birds of North America, Inc. Beir, P., and R. F. Noss. 2000. Documenting the conservation value of corridors. In Missing linkages: restoring connectivity to the California landscape. Conference Proceedings and report prepared by the California Wilderness Coalition,The Nature Conservancy, the Biological Resources Division of the U.S. Geological Survey, the Center for Reproduction of Endangered Species, and California State Parks. Available: http://www.calwild.org/resources/publications. Bell, H. 1994. Analysis of Habitat Characteristics of San Joaquin Kit Fox in Its Northern Range. Master's Thesis, California State University, Hayward. Bobzien, S. and DiDonato,J. E. 2007. 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Reproduction and Spacing Patterns of Kit Foxes Relative to Changing Prey Availability.Journal of Wildlife Management. 57(4):861-867. Wild, C. 2002. San Francisco Bay,Area Gap Analysis:A Preliminary Assessment of Priorities for Protecting Natural Communities. Oakland, CA. Prepared for the California State Coastal Conservancy. Wilen, B. 0., and W. E. Frayer. 1990. Status and Trends of United States Wetlands and Deepwater Habitats. Forest Ecology Management 33:181- 192. Williams, D.F. 1986. Mammalian Species of Concern in California. California • Department of Fish and Game Report 86-1. 112pp. California Department of Fish and Game, Sacramento, CA. Zeiner, D. C., W. F. Laudenslayer,Jr., and K. E. Meyer. 1988. California's Wildlife. Volume I: Amphibians and Reptiles. Sacramento, CA: California Department of Fish and Game. Zeiner, D. C., K. E. Meyer and M. White. 1990. California's Wildlife. Volume II: Birds. Sacramento, CA: California Department of Fish and Game. Zone 7 Water Agency. 2006. Zone 7 Stream Management Master Plan. Prepared by RMC Water and Environment. August. 6.2 Personal Communications Diamond,Tanya. Professor, De Anza College. Cupertino, CA. Various communications (email, phone, and in person interviews)with Troy Rahmig, ICF Jones &Stokes about the movement of American badgers in the south Santa Clara Valley. • East Alameda County Conservation Strategy 6-21 October 2010 ICF 00906.08 Appendix A • Wildlife Species Considered for Inclusion as Focal Species in the East Alameda Conservation Strategy • • c.) E.). C) ce. C) CC ..a. )...-0 a -.„- - , a 2. -2 2 .... ., o E 5 -,. 2 c = 12 2 .2 n .„- . . . _ r --L2 c c r • c c E E 2 c g If--: t. -•= ...-0 r:-... 'F... E 7.-- E5 - li: --- - 'z . -7 -. -7. :,- zi6 r- ac ., - t v - v 7 ^5 12. =. - ,2. a'n 17 ' 0 Lt. z - ---; - p - ...4 : , 2 -0 2 .-2- = - o = 5 =, _ ': ,1 'ic -' P -c- -1: t 4: ° - r' it 33 21' 5. to P r: 0• 0 0 ;-. S --' ° ,'-. - 3 9.1 3 P P P. = - = 2 v ..s- 5 2. - r - 2. - = '2 .7 - O 00 = 0 = = fl .-. a.) 6 , = 00 r ch r ch - - _-r, t -....0 • 0 c.• , 0 ,_, _d = _ _ _, a .= 0 •=. „ -,r, 0, .._. - ^_, ;- 2,-.1 CO ,-' - or 2 •r - 2 , 7 --.... 3 -o E .7. Cc 0 .7 C -, 9-..' c: -- 0 = Co 0 r u 7. u ac u 'vz, t, ,'.12 . ,, E' 7,--C-1 := -= 0 -= 0 -= 7, T,' = .) -7. ) = .;,:i -.7 7<: 17. = uz4 '2'7 :=9 .7 "'J.= = . = - _ ; 0 2 - g 2 ..gl. c, -42 2 2 to c o , 7 -.-22, 1p 2 --0 = r -,--- - 7, - 0 0 0 0 0 :. - 0 0 4E 27 ourf' 2 02 222 0 = 25 2 ..TE '.2 - - 2 - t-, > 5 -0 2 5 = r- - - L.2 2 0 , - u .-• - 000 7 L3 000 0 = 0 7, r" ---, = ,,• , 0 5 95 s .r.^ - 0 c c 2 2 2 2 - o 0 = 2 ra 8 r= t o :3' a. , g 0 .2 2 .2 2 2 2 > o > o 0 2 --- > - r, Z > o 2 E ,j D 0 - u 3 ,- ,..i - C C ,.. CC C) P., rria ::-.' U , 7 755 22 22 22 h.. = E n2 2 *.C/5 ' > -2. =. S' r o = .2 2) E: 2 - 5 >,2' >, > > 2 ..1"; 27. - 2 ='' -= 2, r 2 r 2 0 2 = •r -2 0 -0 o -2 ;z■ -0 2 ...„ 5 2 2 ,_. 2- O 0 o 2 E 2 = C 'zip E -5. Er ..,:) .5.- 12 ,c1.1 ' , ,LP ;,2] .t ,% rj :.?„ 2, 722 -,z 7.. .t. 6 6 I-c.. to > , 0 -0. . . cn .-.... E c 7 7 >-- >- % >- 7 7 7 7 Z 7 Z 7 o 0 E T- -0 > 2 a) -_, 0 ^4 a- E co _ 4 , z >- :,._ >- :;•- X, 7 Z z -." i >- > :". 2 in n co W O a -c '5 Z Z 5., '...-. Z c.. 7 7 Z >- 7 Z 7 7 • > •-• _ O 5 a) E 7) r•-) .cc; z --- >- >- :- >- z z z z z 7 >- :-..-. a.) c.. a = Cu U O 0 IL .74 z -,Z ›- 0- Z (7- z z TZ 0- >- z = tn Cu 2 C 0 rn - a r: ._ I H .;.tJ h ..L2 rr. :_. =. 1 i 0 C -.. 1) 8 ,7, ‘4•• '...) ,, TS I I I I I I I I I I I I ,._. 'al c O t - o 7-' O u., a 0 co 1:2 .:_g •=.- 2 ..,- 20, cq, 0 - c,. u _a' z :77. is 7-z 1. --,' .A.. ,,' ...., 7•=.. 3: -'-' 2C-, - ' :=. -a.' .r.') 1 1 - - .-:: .-7, - i.:. , - v., - - cd, r• = z.- -- - 4 •Ci '-' -- 9c 9. - - "t.' 4 v• 74 - - . c-, --• li i) -..., z..• ,-• Z.CC ...21 Q tr -,' ':': a ,"3 0 P.. C i -C •'' a E'.- Fll .. '.'_ Z X › .-- 7 -::. & ''' u -E2 = 2 0 ' >,-i cm , - -;,- - - 0 - p , - ..,,, o 2 :C. .2 = - 2, ..2 -- • 1:3 5 ?, r --c; .„ c .E( ^ 2 .tr I^ E 2 C ,;-. 2 - o - 2." ,-... ,,...) r 7 r - 2--, -.. -. > - 2 rt - :2? .= - = -2 er , r -2 2 2 2 _ = r", "--. 2 r 7.'. -2 2 "2 2 > 50 2 •- sp = ,r Q 51. 'i-. r. > 0- , -2 .;', 0 'C.. .,. 7-- a a ..- •- ri r- (--7.. 2.-. g :-• 0 :- 0 ..-73, -, -7 '&... .-:,- o ::-.; •7: e r - Z -A. -, :: .(1 CC :4 E, 2ER.- = L=3 ._1 - '.-----02' >- --: uc:0.- c•- -a-. ., --_, cz..- d -L.) u •=:: c---) ,4_, c -N. :Jo r rV. o c -o = c C > — -- .E = — • u - > E — ° :.� N OI - a y ._ c Y = c 0 L p 3 c c = c c c - J :. n 1 - ` :. y j� V'J co - C o0 E _ !9 J .J _ C _ VI. rr .- _ - �. E L c _ m "� 2 c0 E s o � 9 c N n E F v 0 = � o f — c — 2. d▪ c m � c _ Gt_ n G` C y N v II? C- c -v vcu p y � ` rn J _ Y c U y Y :.a.. e, 1:-r C cc E N _ i 3 c c cc c - Y C. C O p ar v �C O . 2 Q - C L m O - O y Jr cc; C J 9 C N Y C a - v c t 23 . J EJ _ ti g O - P- If") � OO G C -O p -.0 F _ a PO O O — G O J L_ > > . - _ o 7 . m o T C - Z ✓ s Z C O E O v 0 = v •c s O _ s 5 Z 0 2. Z 0.. y yr 0 . L v > z z z z z > z > >. Z > Z F 6 O N ✓ U O > 'r > > > > > 7 > Y > > > a • z Z z z z Z > z >- >- > > > L t. U - > > > Z Y' > >} } > z Z > Z In y Z 7 Z > z z > > > > > r > I I- 7 Y f cr. " U U U U U U r U 7) c 71 0 1 tI C -J a cc s X 3 v C v m ,� V C v E V C v Ii"> C c00 r0 i. 6"Q • C - U c c — C. c 3U _ y C. Z3 — -o c _ G�C U E >. c Q Y 5 d po - c v h 0 w g o y—, O n c c` O C % s - - x 4 Q 4 — 0. c y p o. -� c C . a Y c o a Y C c c, J 33 m 3c „ C & 1. _y c , c a u � 0 3 � o c � o F ; .' - 3 , u sm m 3 � ¢ a - ti c N- 2) 5. 4- 77 F. ,_ 7 0 = 2 o 2 , .6 o 702 ._.; tt 1r...• -- 0 er. = a ea L--. :a 7.... = ca ,..■ a- 2 72 ‹. > -.6 • , - = EH-LI = Q. ..t. -.3 .} E 2. c Q.. 0 5 E c5 "2 2 .2 2 .Y. ° 11 0 22 ° 0 .0 ''.- 2 7 V 0 0 . 0 0 s 9. = a r 9 9_o 9 o e.., = r - o = z ,- - - . r- r- '- "- ' ou r rti, - ‘. 7 -- 6 - - r z 9, CC 9 2 9 .1 " CC .., = :4 ii" 4 a 7, E -0 - E. • % o .99 P ° ° - 7 r- 7 V- .'=■ .2 F2- :2 - 22 ° 20. 2 - :-. -a 2-. :`;:' 72 7 yi .= = 7= ,-- o - t 9 Ed -9 9 .5 97 5 E ,--■ , ,5 o 3 33 0 2, 2 ,_ = .,; .2 E • a .2 ,..- , -).- -5 3. 2L > v c v 3 E .._, °r ° - 5 .33 S Tr; 3 5 v 5 :07' 6 _ 2.0 - . 3 3 3 3 3 - 2 o 3 % z L-. 2 , 0 _2 3 3 5 00 0 ,5 5 o 0 = o 2 .- - . 5 - 2) 0 o % - o 8 u -, o u u -,E C V 2 .2 < 2 F... '5 S. E 4 'CI -2- v -.-c 5: a " .2 2E' o 2 < '2. 2 - -,o ..z, 90 6 3 -7. 5= 3 2- '''. 0 , 2 2 t; .2 3 x -a; >.c- , 4 4r 01 r: ...e' 2 , - oi o - "3 7, T, 0 -F, t g 2,3 7..- .7). '5 s ' 2 E c n &.. ;- -o , 73 0 .2 -6 % o = 2 o - .7,2 o o 5 j .- 5 2.'2; .3 , E. L'. 2 :-.7 3 o v - % '3 o t T-, 5 - 7> 'X 4.' a 5 5', 0 o o v o o < o C. C- 4 .,-;; - - , = zoo - 5. c- _0 a, - , P- :15 =7 c. Tr. o >, o , 4 a . - o o z "° 9 .2. 4- ° z. 4, , ,.., o ..... 1) -• 9 ,f, > ° 7 0 r.. 0 C2 C.• a 0 .., g a A Q 751. 5 % E. 5 5. -12' 3, r -5 2 ? % v -5 3 a' U, .3" 5 % S :5) 5 o .3 2 -, 7' 2 02 Z 7 ■.-) V= L' , Z 74 z 'A i E r z a z .z- a (.7: -..: a :-:- .5.., z z z r_0' 2 z hi 0 O• 0 Z z z z 7 z z 7 z 7 7 >: 7 2 C. • ;a 3 c 3 0 Z >-. :5 7 .5 >5 :5 .5 :5 >- Z :..- >- = _ = 7.4. gi -4, )-• >- >:' ›- ›- >- Z >- >- i- >- >- >- < < < < r 2 Ta- 3"5 33 :t ? a - - u cil U • 4, o c •L P 0 .9 ° z - u - c ; c.; 2. 2 -.:7,) Z.: To -6 ._ 9 .... :-; = . 9 st, , 90 ,..., ,c2.. = -2 ,220 9, all r c 0. 0, 0 a :,.. 7. :Q. L'e g ----g 1.1.- L' P ,0 9 = a 0 :=, :, ..; t■ - -v- .-s. . . i -.. ) t '6 :1 E = , co -0 ,.., - - :- :-■ ,L. ----- 7: "s. , zr., _c . 0 , o - 0 "G. 0 a. 0. a ,-.F .4 :1) r-.) ,-,.. = 0 '`, r-C ---, =, a-. =-- < Z, u d =z w 4 u --... ---.:: 0 --... z a r — ` -o U o = u o -0 - C C v C v O o a- ' U o V ' j 9 c v 8 • d c s u o = 'q L J _ r r S v c C n L t o t a „o _ o o 2 — < . c o d G - ° c �o y c < c t N• C J C -n 7 'O o y O y .17) o C L 1 ¢ C C C U C .. 2 .- o coo U U U U .1'4.6 o - mC r ti - ,_ T C C i c - _ C C U U ` U .9 ` • o t U . �U Z rC O s - C U O - Y O O C c v C C m C O y u . - ° = J ` F : C 'O C [L-. CI L .4,z. G = L n J F n � 9 U C ; v T 6 2 U N J = ` C U Q C .L U O N J r C O U .7- U C V o C n u 2 - = C oo c t G O O •c c o O 0 u v 0 U - i. c U ti U o c _ 0 . E m U O 0 ' M1> o ... o m m L - v - O O ` E C U _ ` _ W ` _ _ o . 2 C C C u _r _ 0 ? U _ [ C C0 , C n r J C ^ C _ G N vi - 1 ` - W y o N . - o o G L U _ _ 4 N J 'J J 'J 2 C J U 0 ? J 'll U U 0 J J O G 0 .= ,= C O Y n C G C Q d V U n C ^ _ U aO Z 7 vi - r � `i v: Z s r J- Z Z ! t r= Z - -o r o Z - — a,. -a .y 4 v Z 7 Z 7 7 Z 7 7 Z Z r Z Z 7 C C F n 813 o O '- - r r r r r r r r r r r 7 7 7 F. • • z z z z z z z r r 7 z z III . 0 = Z r r Z r r Z Z Z 7 r Z Z Z a gi coo r Z Z Z Z Z Z r r r r r r r < < m = 2 c s = - = = ''M m x •L - s U U v - — U u U U U f :J U 7 s cA U U U — U Jr to c - it c l, m FS Di z b 3 a s o ° c o , v o _ c It . a c� t•C ;� a ° = 1 o v o ? c c 'c c m v c '' 1 .S i o .h c•Q o c 2. 0 .. r i c 0. = 'a 3 ,r 0. s v ro 'a 3 c ea ° o o ,P. _ 0 o '_. x c o c o ° 0 o c C Z .9 y C C CO N - L +Ji 4 ° , ? c 9 V o L Z, _ Q u , % i n x 2 i C , ,, u C n 0 2.z', .°. y y ti c c �- 6 ` s .c - c - '� w C 'q u o o fi Q u s .- `o-, .-''' '6 - u C cc u. cc U v .2A V q z' U cc ° U Y fa " U L'V ,- v -- i = N '.cc r y` 4- c o i -„.. z Lo .,.. 7,2, - .7. 0 .- -7. — 7 7, •=, c m ..co 0 E. 3 . 3 30 2 /IA..4 E = a s 0_ c.. ..‘,. -5 ci ,.=. ,.7r. .. , 7 = c. .2 --• z 2 = . .• d Is c 5 2 5 vz - a ,..- 0 - , _. •-- 'CI - :7 a .-= •-= 5 # -- „ ,= a 6- 5 -4 7, 2 0' - ,.. , •=. .c c ,_ '5 = E d 5 5, c .- = # -, 2 d # •-- 0 _ 3 0 _c .E = c = so • c = '2.,:' ...7 , 2 2 _ , •=. = 4:.• P. •E 5 E - = •= 6 ,"• 3 I, , ',4 '1; 17,- u -,- 0 = 0 J = ,r., - 1: , V ,„ = 2 ..„ . 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U ICJ U C U U 0 C U C U U U U d =•• c © n 'a :A > L7 d 2: c25 - 0 ... M c" •.-- = 0 Tgi E c a., ,• '1' •z,- t--2 :5 .t-- • z t 5 z or,- ',,-: I-3 8 ti >2 1 .--, , t .:: :.. -0 , PI0. ,.. F: 07- 0 z O z: c - :-, of ..E,' 7, z.---- -:.- i, -E .-4 i . E -0 ..= :- z. ..3° ''') c c E = Lc Ec 52 rf, 4 d ='' 75 IS = L. 5 -5-C CI - )„., z S'-• d 0- oe C -3. -5 _0' v -7°- Ct 3 E. 6 2 r.,C; 2 .- - x s ''', L-2, 4-) b" :, . .--E _ :?..,-. . 7 _6 '';'.. ,5: •„7“ CO° -c al ° _ - - 0 v z v.-- E -: -- -c- ' • C' •- -0 -= c - 3 3C '-,' cv = ° = c , ,-. 3 2. --: a '5 .24 2,- = n c -2..- E3 Fs - '4 0 S '- o ?z. co c c E E. '•_4.' 2 2 ▪ vl ,-,- ..?-• LE -3 -5-.: Eo r.-Art- cD C= .-.... >- c mcl-: cn ----:. < -,.,. 2 ---: ,,, ,/, ‘", a: c..) r -4-.. co CD v. III E \ , : E. ! \ , \ \ ! \ \ > - \ , : ( ( - - _ _ - _ - {} ) § 7 ?} / Z / / 7 / ) ) j / > z } }) ) % / § f\ ; ; > - z » a z z + z , a p > > z z z z z z z p z z > (L5, ..5 z z z ; z z z 'X z a w > o. \ : E ; \ / / / / / : \ » / c 4c,' } _ / c- _ : § ) - % _ : J ~ ^ \/ 2 } / f 2 $ J\) 7 / j / 3 / $ } 3 ) // / / ) \ j / I-- C) i2 -2 >, .4- ..o, - o -0 .0 cij P.- .0 t = a < . = ; t r. .- • o 0- ., ,- = 2 o Et; 2. '- •c ii 2 = .:0, z -- - ' u a o a . 7-• 0 - „, • .,.. ••..2 .7., 1E. 5. '... E, 7, . - ,../2 '..L.' , ....i- = = -- = r> 5o _=. < = 0 r....) .- 3 0 _ __ r a ..,:.■ o•.e :- 0000 '5 -.3 a' . z 9 P S -; ''.-- 2 17/ g c E a_ --= 5 C.) a t .- • °- a a := o a o t- 5 0 >, - -..,- 0 .-5" •- • = "0 -; g .51 E.-- t -2 'F.; ti. ..?!, = - -b •5 _ 3 2 5' •Ei •7. S' (..) 0 ,.- . -2 '''' i 0-•C4 >. .151 Cr F c E.; - •- 4 = 3 000 2 - - = :-: E 6' -= :-.• = 9, < 7. a z r. --z- = '-. < uu t 7 -•,, = 2 -E! c" 7 p.. 7.■47-, .2 = "d C.).12 .7/1. 5^ 0 t :a -0 5 z - •=, .0 i" 5 5 ,-. 7: .0 -0,' •: ',0 .1$ , S 0 0 's -z' •- , 'F.; ° T■ L- - 0 0 < , E , . ',E .1; -2 , =..1 7- 3 0 3 57 .-4 0 oo. = - .-. -,-: 5 2.- ..1 --Y 6i_42 C) C) -- a ..=. -000 = a a v - Ei z a cr. ...) 5 a: =z 25•' : .0 a - 2 a -a - o a a u v a t z 3 a56 0 ') 7- 0 ° 0 0 0 .- 0 C' C0 - J.-40 .0,, ,, , x ,- = x'. ..t',5 li E.- - 3 EP 7 -0 -0 :- - 2.- -E. ./. = •- 2 ; - = rf E EL E 2 =" -0 = 5 1,2 '-=. ..: 2 2 v5 '5 .; ";" 2 1: '-', H •- 3 .--= 7-, 7- CP. -..7. lr , -o o 0 .- , `- •• - (i) 2 a -- .--) ;-.1 g Z-; !-.. - c a - •• c, 7.7. 0 X 2 C `-' S ..-. -4-, 'M . s .-. 0 3 = = - - '-' - "4 ro' 7. - '-oo, a .6 -•: - e - ai 5 = ri F-• :a 74 a• .:: -0 •- „ = = = ---' • .1) .5- .,• •?, 7: .r.11 ar.-- al ...-4 • .!-3) .i.) 77, .8 , 'r .15 = 2- z (E. 7 , E _ :; ...-2: = .= t--,9 .,.. a 2 '2 .-z I. a_ .22 v a .- WI 0 t .E 3 a. tv .,_, Ca" a •41 5 _ o a ,,,; "0 J /1 _ Lt. '--- tu ":' 5 ,.._ - C15 ', .'' r2 7 - -0 -0 E a 5 u 0 a v v -o 0 a) - 8 T .-.7. ao tr, 5, z z a a a a _., ... 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J j co ' _ C _ n . n - _ _ -0. c . i° r - ' 'Y cf J E _ -• ._ Jsc✓ J FTZ C.; V • z. 1) - L S N f U 0 — u - T. a .. 0 r) J ✓, = 701. g U a ti to o u = Cl) .17') ' ',] il Si- U 0 C_ - C C r 1 2 z n d r .= U OC t J U 2 - 5 U U C p L " .= J c .E o v — cu -C-0 G E C _ — 'Cl c r v v C r 2 c ." C 2 - n 0 v o O ... v z L G >, i G D J ; t r o C L" E- = o C. _C ! N A. ry Q Y q &) U) Ct G. _ - - CI • 4 7 r ^ v Appendix C 0 Glossary • 0 • Appendix C • Glossary Definitions of Key Terms And Concepts Adaptive management. A method for examining alternative strategies for meeting measurable biological goals and objectives, and then if necessary, adjusting future conservation management actions according to what is learned (65 FR 106 35242-35257,June 1, 2000). Aerial Signature. Characteristic value, color, or texture on an aerial photograph that correlates to a particular land-cover type. Agriculture. Broad use term used to describe ranching and/or farming • activities. Anthropogenic. Caused or produced through human activity or influence. Baseline. The existing environmental state,which includes past and present impacts as well as the anticipated impacts of all permitted projects in the inventory area. Benchmark. A performance monitoring standard that allows a community to periodically measure the extent to which the goals and policies of its General Plan are met. Benchmarking: The process by which a community evaluates indicators, data and performance against established benchmarks to identify its progress toward its planning goals. Biodiversity. The variety of native organisms considered at all levels, from genetic variants of a single species through arrays of species to arrays of genera, families, and higher taxonomic levels; includes the variety of natural communities and ecosystems. Biological Assessment (BA): Under section 7 of the ESA. A document prepared to determine whether a proposed action is likely to affect listed species or designated critical habitat. BA's must be prepared for"major construction activities." The outcome of the BA determines whether formal consultation with the USFWS is necessary. • East Alameda County Conservation Strategy C-1 October 2010 ICF 00906.08 • • Appendix C Glossary • Biological opinion (BO). The document stating the opinion of the U.S. Fish and Wildlife Service and/or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service as to whether or not a federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat(50 CFR 402.02). A biological opinion is one of the decision documents of a consultation under Section 7 of the federal Endangered Species Act. Biological goals. Guiding principles for conservation within the study area based on the conservation needs of the focal species and natural communities. The goals describe the vision for the focal species and natural communities to be achieved through implementation of a successful conservation program. Biological goals are typically qualitative rather than quantitative (65 FR 106 35242-35257,June 1, 2000). Biological objectives: Measurable targets that will be sought to achieve the biological goal. Biological objectives are typically quantitative or at least measurable (65 FR 106 35242-35257,June 1, 2000). Broad goals(or program goals). Broad guiding principles for the entire Strategy. These goals represent a summary of the "project purpose and need" for the Strategy and may be incorporated as a mission statement for the process • and the plan. These are a different set of goals than the biological goals and objectives. • Buffer Zone.A strip of land created to separate and protect one type of land use from another;for example, as a screen of planting or fencing to insulate the surroundings from the noise,smoke, or visual aspects of an industrial zone or junkyard. California Endangered Species Act(CESA). Section 2080 of the Fish and Game Code prohibits "take" of any species that the commission determines to be an endangered species or a threatened species. CESA allows for take incidental to otherwise lawful development projects, CESA emphasizes early consultation to avoid potential impacts to rare, endangered, and threatened species and to develop appropriate mitigation planning to offset project-caused losses of listed species populations and their essential habitats. California Environmental Quality Act(CEQA). Created in 1970,shortly after the . Federal Government created the National Environmental Policy Act (NEPA), CEQA is the basis for environmental law and policy to protect environmental quality in the State of California. CEQA does not directly regulate land uses but describes how project information and impacts are analyzed. CEQA requires state and local agencies to make decisions with environmental consequences in mind by mandating that they: Disclose the potential environmental effects of a proposed project to decision makers and the public(in Environmental Impact • • Reports (EIR)for example, etc.); Identify methods to minimize those effects to East Alameda County Conservation Strategy C-2 October 2010 ICF 00906.08 Appendix C • Glossary • the environment; Identify feasible mitigation measures and/or alternatives to the project; and Solicit and respond to comments from the public and from other agencies concerned with the project. CEQA species. Plant and animal species that are considered endangered, threatened, or rare under the California Environmental Quality Act (CEQA) and thus must be considered in CEQA documents, but are not focal species in the Strategy (670.2 or 670.5, Title 14, CCR). See also endangered species and threatened species. City limits. Official jurisdictional boundary of a city. Compensation, U.S. Fish and Wildlife Service: Compensation measures are actions that minimize or offset potential adverse effects of a proposed activity on species covered by the §7 consultation. Condition of Approval. A condition placed on a development entitlement without which final approval may be withheld, often required to be satisfied prior to recording a Final Map, or receiving a grading or building permit. Similar to mitigation, although mitigations are often monitored over longer periods. For example, 'prior to receiving a building permit,the Dept. of Fish & Game must be consulted." Or, "prior to receiving a Building Permit,the applicant must dedicate 10 acres to East Bay Regional Park District." • Conservation. According to the federal Endangered Species Act, conserve, conserving, and conservation are the methods and procedures necessary to bring any endangered or threatened species to the point at which the measures provided under the Act are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with resource management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation (16 USC 1532 [3]). According to the Natural Community Conservation Planning Act, conserve, conserving, and conservation are the use of methods and procedures within the Plan area that are necessary "to bring any covered species to the point at which the measures provided pursuant to [the California Endangered Species Act] ... are not necessary, and for covered species that are not listed pursuant to [the California Endangered Species Act] ...,to maintain or enhance the condition of a species so that listing pursuant to [the California Endangered Species Act] not become necessary." In other words, the Natural Community Conservation Planning Act defines conservation as the steps necessary to remove a species from the California threatened or endangered species list (Cal. Fish & Game Code 2O85[d]). Conservation actions—Specific activities that will be carried out to meet the conservation needs of the focal species and natural communities in order to achieve the biological goals and objectives. • East Alameda County Conservation Strategy C-3 October 2010 ICF 00906.08 Appendix C Glossary • Conservation Bank. A parcel of land containing natural resource values that are conserved and managed in perpetuity for specified listed species and used to offset impacts occurring elsewhere to the same resource values on non-bank lands. • Conservation Easement. A tool for acquiring open space with less than full-fee purchase;the public agency or not-for-profit corporation buys only certain specific rights from the landowner in order to restrict the development, management or use of the land. A landowner(grantor)voluntarily sells and/or donates permanent legal restrictions on a property,to a qualified third party (grantee),to limit or prohibit development in order to protect conservation values such as cultural or historic structures, biodiversity,water quality, wildlife habitat, agricultural uses, etc.The restriction is recorded and 'runs with the land'through successive owners.The restriction reduces the "highest and best" economic use of the property so that the property's value reflects only the allowed uses; property taxes may be reduced as a result. If the landowner donates the easement as a gift,this reduction in value may become a charitable tax deduction. An easement also can be sold to non-profit or government agencies to provide revenue. Sometimes referred to as a 'negative' easement since a conservation easement doesn't allow the grantee to do anything other than monitor and enforce the restrictions. • Conservation Values. Wildlife habitat, open space, historic, or recreational resources. For example, land may have a high conservation value if it contains habitat for endangered species or if it has open space in a highly developed area. Conservation values are usually assessed and included in the purposes section of a conservation easement. Conservation strategy. The Strategy's overall and unified approach for • achieving the biological goals and objectives. The conservation strategy is the collection of all conservation actions that will be implemented. Construction monitoring. Monitoring by biologists of construction activities to ensure that conservation actions are implemented and impacts to biological resources are avoided or minimized in accordance with Strategy requirements. • Contribute to recovery. Actions that measurably increase the baseline conditions necessary to support focal species and that contribute to the eventual delisting of a listed species or prevention of listing of a nonlisted species. A contribution to recovery does not include actions necessary to avoid, minimize, or mitigate impacts of covered activities. • Cover(also canopy cover,areal cover). The area of ground covered by vegetation of particular species or vegetation type, generally expressed as a percentage. • • East Alameda County Conservation Strategy C-4 October 2010 ICF 00906.08 Appendix C Glossary • Critical habitat. An area designated as critical habitat by the U.S. Fish and Wildlife Service or by the National Marine Fisheries Service pursuant to the federal Endangered Species Act. Critical habitat areas are specific geographic areas that mayor may not be occupied by listed species, that are determined to be essential for the conservation and management of listed species, and that have been formally described and designated in the Federal Register (16 USC 1532 [5j). Cumulative Impacts. The incremental environmental impacts of an individual project reviewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects considered together in order to ascertain the overall effect on the environment of a particular project. Also two or more environmental effects which, when considered together, are considerable or which compound or increase other environmental impacts. An assessment of cumulative impacts is a requirement of CEQA. Deed Restrictions.Terms are placed in the deed to the property that restrict certain uses of the real estate by future owners. No income tax benefits; possible estate tax benefits. Discretionary Project. A project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a • particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Discretionary projects and approvals trigger CEQA review. Easement. A grant by a property owner of a positive right for a specific use of the property or a defined part to a second party. It may be temporary or permanent, is legally recorded and 'runs with the land'. It can be donated or purchased. Example: a landowner may grant an access easement, an easement to allow hunting,wood cutting, mining, etc. Some easements can be temporary. Easement Value. The difference between a property's value before an easement is placed on it and the value after the easement is placed on it. Ecological integrity. Ecosystems have ecological integrity when their native components are intact, including abiotic components, biodiversity, and ecosystem processes. Ecosystem. A community of organisms and their physical environment interacting as an ecological unit. Ecosystem function. The sum total of processes operating at the ecosystem level,such as the cycling of matter, energy, and nutrients. • East Alameda County Conservation Strategy C-5 October 2010 ICF 00906.08 Appendix C Glossary • • Ecosystem restoration. The reestablishment of ecological functions within an area that historically supported those functions. Endangered species. A native species, subspecies,variety of organism, or distinct population segment (DPS) which is in serious danger of becoming extinct throughout all or a significant portion of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease (16 USC 1532[6], Cal. Fish & Game Code Section 2062). Endangered Species Act(ESA). Created in 1973, the ESA provides a program for the conservation of federally threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains a worldwide list which, as of February 20, 2008, included 1574 endangered species (599 are plants)and 351 threatened species (148 are plants). Species include grasses,flowers,trees, insects, crustaceans,fish, amphibians, reptiles, birds, and mammals. Anyone can petition USFWS to include a species on this list (7 USC§136; 16 USC§460 et seq). Endemic. A species,subspecies, or variety found only in the region defined. Environmental gradient. A shift in physical and ecological parameters across a • landscape, such as changes in topography, climate, land cover types, or natural communities. Environmental Impact Report(EIR). In CEQA, a document used to evaluate the potential environmental impacts of a project, evaluate reasonable alternatives to the project, and identify mitigation measures necessary to minimize the impacts. The California Environmental Quality Act (CEQA) requires that the agency with primary responsibility over the approval of a project(the lead agency) evaluate the project's potential impacts in an Environmental Impact Report (EIR). EIRs typically have a draft (DEIR) and a Final (FEIR)stage. EIS: Environmental Impact Statement—Environmental impact document prepared pursuant to NEPA, in place of the term EIR which is used in CEQA. Environmental Assessment: Under NEPA-A document that briefly discusses the environmental consequences of a proposed action and alternatives. Ephemeral stream. Stream that flows only in response to rain events and receives no groundwater input. Extinct species. A species no longer in existence. Extirpated species. A species no longer surviving in regions that were once part • of its range. East Alameda County Conservation Strategy C-6 October 2010 ICF 00906.08 Appendix C Glossary • Farming. Narrow use term used to describe cultivation activities, including orchards, vineyards, hay, or grain farming,truck farming, and activities on irrigated and/or drylands. Federal Action: Discretionary actions authorized,funded, or carried out by federal agency. Federal Nexus. Occurring at the discretion of a federal agency, whether it be through permitting, funding, or direct implementation of a project. Focal species. Those species addressed in the Strategy for which mitigation actions will be described. Gap Analysis. A comparison of the distribution of elements of biodiversity with that of areas managed for their long-term viability to identify elements with inadequate representation. Geographic Information System (GIS). Computer-based mapping technology that manipulates geographic data in digital layers and facilitates a wide array of environmental analyses. Genetic Diversity.Variety among individuals within a species —or, more • specifically,the variety in the DNA of a species. See also "alleles." Habitat. The environmental conditions that support occupancy of a given organism in a specified area (Hall et al. 1997). In scientific and lay publications, habitat is defined in many different ways and for many different purposes. For the purposes of the Conservation Strategy, habitat is defined as the specific places where the environmental conditions (i.e., physical and biological conditions) are present that are required to support occupancy by individuals or populations of a given species. Habitat may be occupied (i.e., individuals or a • population of the species are or have recently been present) or unoccupied. See also unoccupied habitat. Habitat Conservation Plan (HCP): Under section 10 of the ESA. A plan that outlines ways of maintaining, enhancing, and protecting a given habitat type needed to protect species; usually includes measures to minimize impacts, and may include provisions for permanently protecting land, restoring habitat, and relocating plants or animals to another area. Required before an incidental take permit may be issued. Habitat creation. The establishment of a natural community in an area that did not previously support it. For example, stock ponds can be created in areas that previously did not support them by grading and installing a check dam. • East Alameda County Conservation Strategy C-7 October 2010 ICF 00906.08 Appendix C Glossary • Habitat enhancement. The improvement of an existing degraded natural community. Habitat enhancement involves improving one or more ecological factors, such as species richness,species diversity, overall vegetative cover,or wildlife value. Enhancement activities typically occur on substrates that are largely intact. Habitat quality. The ability of the environment to provide conditions that support the persistence of individuals and populations (Hall et at 1997). The precise meaning of habitat quality varies by species and depends on the subject species'specific needs in the context of a particular area. High-quality habitat for some species comprises only foraging and resting elements;for others it comprises foraging, resting, and nesting elements;for still others it may encompass all elements needed for the species to complete its lifecyclel Low- quality habitat would include only the minimal elements that support occurrence of the species. High-quality habitat tends to support larger numbers of species than low-quality habitat. Habitat restoration. See Restoration. Harass. An intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, • feeding, or sheltering (50 CFR 17.3). One component of the legal definition of "take" under the federal Endangered Species Act. Harm. An act that kills or injures wildlife. Such an act may include significant habitat modification or degradation which results in injury of or death to wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Harm is one component of the legal definition of"take" under the federal Endangered Species Act. Highest And Best Use. The most profitable likely and legal use to which a parcel of land is likely to be put (a determination made in calculating value). Hydrology. The movement of surface and subsurface water flows in a given area. The hydrology of an area is intimately connected with its precipitation, soils, and topography. In perpetuity.Always;forever. Incidental take. Any take otherwise prohibited, if such take is incidental to and not the purpose of the carrying out of an otherwise lawful activity(50 CFR 17.3). Incidental Take Permit:A permit issued under section 1O(a)(1)(B) of the ESA to a non-Federal party undertaking an otherwise lawful project that might result in take of an endangered or threatened species. Application for an incidental take • permit is subject to certain requirements, including preparation by the permit East Alameda County Conservation Strategy C-8 October 2010 ICF 00906.08 Appendix C Glossary • applicant of a conservation plan, generally known as a "Habitat Conservation Plan" or"HCP." Indicator species. A species,the presence or absence of which is indicative of a particular habitat, community, or set of environmental conditions (Lincoln et al. 1998). Infrastructure. A general term describing public and quasi-public utilities and facilities such as roads, bridges, sewers and sewer plants, water lines, parks and other public spaces, power lines, schools, police and fire protection, and health and welfare services, etc. necessary for the functioning of an urban area. Initial Study. In CEQA, a preliminary analysis prepared by the Lead Agency to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. In-kind/on-site mitigation. Establishing a vegetative community or habitat that would provide the same ecological values overtime as the habitat affected. This created habitat must be within, or in proximity to,the site where habitat will be lost. Proximity requirements vary by resource. For focal species,those requirements would depend on the natural history traits and home range of the species and specific requirements would be determined on a case-by-case basis. Since habitat created with this type of mitigation is essentially equal and near to the affected habitat, it would directly benefit those populations impacted by • development and is a preferred means of mitigation. • In-kind/off-site mitigation. Establishing a vegetative community or habitat that would provide the same ecological values over time as the habitat affected.This created habitat may be distant from the site experiencing habitat loss and does not fall under the proximity requirements of on-site creation for that resource. This form of mitigation would only be appropriate in cases where in-kind habitat would be inferior if created on-site. Since habitat created with this type of mitigation is off-site, it does not necessarily benefit those populations impacted by development. Intermittent stream. A stream that is supplied by both rainfall runoff and groundwater; intermittent streams tend to be seasonal, flowing during the rainy season and into the late spring or early summer. Invasive species. A species that is non-native to the ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health (Atkinson et al. 2004; FO 13112). Jeopardy: Under the ESA,jeopardy occurs when an action is reasonably expected, directly or indirectly,to diminish a species' numbers, reproduction, dr distribution so that the likelihood of survival and recovery in the wild is appreciably reduced. - • East Alameda County Conservation Strategy C-9 October 2010 ICF 00906.08 Appendix C Glossary • Keystone predator. The dominant predator, often the top predator in a given food web; a predator having a major influence on community structure, often in excess of that expected from its relative abundance (Lincoln et al. 1998). Keystone species. A species whose impacts on its community or ecosystem are large, and much larger than would be expected from its abundance (Meffe and Carroll 2005). Land-cover type. The dominant feature of the land surface discernible from aerial photographs and defined by vegetation, water, or human uses. Land-use designation. The designation, by parcel, in an adopted city or county General Plan of the allowable uses. Less than Significant Impact. In CEQA, an impact that would not result in a substantial and adverse change in the environment and would not require mitigation. Linkage/Corridor. A linkage is an area of land that supports or contributes to the long-term movement of wildlife and genetic material. A corridor is a specific route that is used for movement and migration of species. A corridor may be different from a linkage because it represents a smaller or narrower avenue for • movement. Listed Species. These are plant and animal species that are federally listed as endangered or threatened. The Secretary of the Interior publishes these lists in the Federal Register. Management Agreement. A landowner and a governmental agency or land trust enter into a generally informal contract concerning how the property's natural resources are to be managed. More formal management agreements are often associated with mitigation properties. Mesic. Intermediate in moisture,without extremes; neither wet (hydric) nor dry(xeric). Metapopulation. A group of partially isolated populations belonging to the same species that are connected by pathways of immigration and emigration. Exchange of individuals occurs between such populations, enabling recolonization of sites from which the species has recently become extirpated (Lincoln et al. 1998). Mitigation. Actions or project design features that reduce environmental impacts by avoiding, minimizing, or compensating for adverse effects (Fulton 1999). • East Alameda County Conservation Strategy C-10 October 2010 ICF 00906.08 Appendix C Glossary • Mitigation, U.S. Fish and Wildlife Service: Mitigation measures are actions that • reduce or address potential adverse effects of a proposed activity on species covered by a HCP, under§10 ESA. Mitigation,U.S.Army Corps of Engineers: actions taken to offset the adverse effects of the loss of wetlands. Mitigation Bank. Large blocks of land preserved, restored, and enhanced for purposes of consolidating mitigation for and mitigating in advance for projects that take listed species or affect protected natural resources. Mitigated Negative Declaration. In CEQA, a Negative Declaration that incorporates mitigation measures into the design of the project or establishes measures as conditions of project approval to avoid significant effects. Mitigation Monitoring Program. In CEQA, when a lead agency adopts a mitigated negative declaration or an EIR, it must adopt a program of monitoring or reporting which will ensure that mitigation measures are implemented. Natural community. A collection of species that co-occur in the same habitat or area and interact through trophic and spatial relationships. Communities are typically characterized by reference to one or more dominant species. Negative Declaration. In CEQA, a written statement prepared by the Lead • Agency that briefly describes the reasons that a project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. Non-native species. A species that is not native to the ecosystem under consideration. Out-of-kind/on-site mitigation. Establishing a similar vegetative community that will, over time, develop some of the same ecological functions and values as the affected habitat. This created habitat must be within, or in proximity to, the site where habitat will be lost. Proximity requirements vary by resource. For focal species, those requirements would depend on the natural history traits and home range of the species and specific requirements would be determined on a case-by-case basis. Since the habitat created by this type of mitigation is unequal to the affected habitat, it should only be used in instances where there is a compelling biologically-based rationale. Out-of-kind/off-site mitigation. Establishing a similar vegetative community that will, over time, develop some of the same ecological functions and values as the affected habitat. This created habitat may be distant from the site experiencing habitat loss and does not fall under the proximity requirements of on-site creation for that resource. Since the habitat created by this type of • East Alameda County Conservation Strategy C-11 October 2010 ICF 00906.08 • Appendix C Glossary • • mitigation is unequal to, and distant from,the affected habitat, it is a less acceptable means of mitigation. Perennial stream. Year-round stream that is supplied by both rainfall runoff and groundwater, as well as by substantial dry-season inputs. Performance indicator. An environmental variable that is quantitatively measured over time to determine whether enhanced,created, or restored natural communities have successfully met the Strategy's biological goals and objectives. Performance objective. In monitoring,the optimal desired value for each performance indicator. Performance objectives establish a higher threshold for each indicator than that established for performance standards. Funding, design, and management objectives for enhanced, created, or restored natural communities are established at levels that are designed to ensure that the performance objectives are achieved. Failure to meet a performance objective would not constitute a changed circumstance or require remedial measures. Performance period. In monitoring,the time over which performance standards must be met. • Performance standard. In monitoring, a minimum requirement necessary to achieve biological goals and objectives. Failure to achieve a performance • standard could constitute a changed circumstance and require that remedial measures be implemented. Population. A group of individuals of the same species inhabiting a given geographic area, among which mature individuals reproduce or are likely to reproduce. Ecological interactions and genetic exchange are more likely among individuals within a population than among individuals of separate populations of the same species. Practicable. Referring to an action, available and capable of being done after taking into consideration cost,existing technology,and logistics in light of overall project purpose (45 FR 85344, December 24, 1980: U.S. Environmental Protection Agency, Part 40 CFR 230.3, Definitions). Preconstruction surveys. Surveys conducted for certain biological resources immediately prior to construction, as directed by the permitting process under the CEQA, ESA, or CESA,to ensure that species are adequately protected and that habitat avoidance and minimization measures can be effectively implemented during construction or implementation of project activities. Preservation. Preventing changes in land use from a natural state by,for example, acquiring land or a conservation easement. • East Alameda County Conservation Strategy C-12 October 2010 ICF 00906.08 • Appendix C Glossary • Project description. In CEQA, describes the basic characteristics of the project including location, need for the project, project objectives,technical and environmental characteristics, project size and design, project phasing and required permits.The level of detail provided in the project description varies according to the type of environmental document prepared. Recovery goal. An established goal, usually quantitative, in a U.S. Fish and Wildlife Service or by the National Marine Fisheries Service recovery plan that identifies when a listed species is restored to a point at which the protections of the federal Endangered Species Act are no longer required. Range. The geographic area a species is known or believed to occupy. Recovery plan. A document published by U.S. Fish and Wildlife Service or by the National Marine Fisheries Service that lists the status of a listed species and the actions necessary to remove the species from the endangered species list. Recovery. The process by which the decline of an endangered or threatened species is arrested or reversed or threats to its survival neutralized so that its long-term survival in nature can be ensured. Recovery entails actions to achieve the conservation and survival of a species (U.S. Fish and Wildlife Service and National Marine Fisheries Service 1998), including actions to prevent any further erosion of a population's viability and genetic integrity, as well as actions to • restore or establish environmental conditions that enable a species to persist (i.e.,the long-term occurrence of a species through the full range of environmental variation). Regulatory Agencies. U.S. Fish and Wildlife Service, National Marine Fisheries Service, California Department of Fish and Game, U.S. Army Corps of Engineers, San Francisco Bay Regional Water Quality Control Board. Restoration. Establishment of a natural community or habitat in an area that historically supported it, but no longer supports it because of the loss of one or more required ecological factors. Restoration typically involves altering the substrate or physical features to improve a site's ability to support the historic natural community or habitat. Riparian habitat or vegetation. Vegetation associated with river, stream, or lake banks and floodplains. Also defined by USFWS (1998) as: Plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (i.e., rivers, streams, lakes, or drainage ways). Riparian areas have one or both of the following characteristics: 1) distinctively different vegetation than adjacent areas, 2)species similar to adjacent areas but exhibiting more vigorous or robust growth forms due to the greater availability of surface and subsurface • water. • East Alameda County Conservation Strategy C-13 October 2010 ICF 00906.08 Appendix C Glossary • Ruderal. A species or plant community that occurs on a highly disturbed site. Setback.A minimum distance required by zoning to be maintained between two structures or between a structure and property lines. Significant effect on the environment. Under CEQA, a significant effect on the environment means a substantial, or potentially substantial,adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora,fauna, ambient noise, and objects of historic or aesthetic significance. Mitigation measures are proposed, where feasible,to reduce the magnitude of significant impacts. • Significant and Unavoidable Impact. Under CEQA, an impact that would result in a substantial adverse effect on the environment which would not be mitigable to a less-than-significant level. A project with such an impact could still proceed, provided the Lead Agency prepares a Statement of Overriding Considerations, pursuant to Section 15093 of the CEQA Guidelines, explaining why the Agency would proceed with the project despite the occurrence of such an impact. Special-status species. Plants and animals that are legally protected under ESA, • CESA, or other regulations, and species that are considered sufficiently rare by - • the scientific community to qualify for such listing. Species. A taxonomic level; a group of organisms that resemble one another in appearance, general behavior, ecological niche, chemical makeup and processes, and genetic structure. Organisms that reproduce sexually are classified as members of the same species only if they can actually or potentially interbreed with one another and produce fertile offspring. Study area. Geographic area studied by the Strategy. Succession. The change in the composition and structure of a biological community overtime. Successional patterns often shift dramatically following a major disturbance (e.g.,fire,flood, anthropogenic clearing of land). Suitable habitat. Habitat that exhibits the characteristics necessary to support a given species. Take. According to the federal Endangered Species Act (16 USC 1532 [19]), take means to harass, harm, pursue, hunt,shoot,wound, kill,trap,capture,or collect, or to attempt to engage in any such conduct. According to California Fish and Game Code (Cal. Fish & Game Code Section 86), take means to hunt, pursue, catch, capture, or kill, or to attempt to hunt, pursue, catch, capture,or kill. • East Alameda County Conservation Strategy C-14 October 2010 ICF 00906.08 • Appendix C Glossary • • Threatened species. A native species,subspecies, variety, or distinct population segment (DPS) of an organism that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future throughout all of a significant portion of its range (16 USC 1532 [5], Cal. Fish & Game Code Section 2067). Unoccupied habitat. Habitat that exhibits all the constituent elements necessary for a species, but which surveys have determined is not currently occupied by that species. The lack of individuals or populations in the habitat is assumed to be the result of reduced numbers or distribution of the species such that some habitat areas are unused. It is expected that these areas would be used if species numbers or distribution were greater. See also suitable habitat. Urban growth boundary(UGB). An officially adopted and mapped line dividing land to be developed from land to be protected for natural or rural uses, including agriculture. UGBs are regulatory tools, often designated for 20 or more years to provide greater certainty for both development and conservation goals. Urban service area. The area within a city's sphere of influence where utilities such as gas,water, sewer, and electricity, and public services such as police,fire, schools, and parks and recreation are and will be provided. Vernal Pools. Vernal pools are land depressions that are covered by shallow • water for variable periods from winter to spring, but may be completely dry for most of the summer and fall. These wetlands range in size from small puddles to shallow lakes and are usually found in a gently sloping plain of grassland. Although generally isolated,they are sometimes connected to each other by small drainages known as vernal swales. Beneath vernal pools lies either bedrock or a hard clay layer in the soil that helps keep water in the pool. • Wetland. An area inundated or saturated by surface or ground water at a frequency sufficient to support vegetation types adapted to wet soil conditions. Note that within the study area, presence of wetland soils, vegetation, or wetted area is generally sufficient to characterize an area as a wetland. Wetlands in the study area include vernal pools, ponds, streams and marshes. Wildland-urban interface, The area where structures and other human development meet or intermingle with undeveloped wildland (University of Wisconsin n.d;). Wildlife Corridor. A natural corridor,such as an undeveloped ravine, a creek or a habitat area,that is frequently used by wildlife to travel from one area to another. Xeric. Dry or desert-like. East Alameda County Conservation Strategy C-15 October 2010 ICE 00906.08 Appendix D Species Accounts Appendix D Species Accounts Table of Contents San Joaquin Spearscale(Atriplex joaquiniana) 1 Recurved Larkspur(Delphinium recurvatum) 4 Big Tarplant(Blepharizonia plumosa) 6 Congdon's Tarplant(Centromadia parryi ssp. congdonii) 8 Palmate-bracted bird's-beak(Cordylanthus palmatus) 10 Livermore tarplant(Deinandra bacigalupii) 11 Longhorn Fairy Shrimp 12 Vernal Pool Fairy Shrimp 15 Callippe Silverspot Butterfly 18 California Tiger Salamander 21 California Red-Legged Frog 25 Foothill yellow-legged frog 28 Alameda Whipsnake 31 Central California Coast Steelhead 34 Golden Eagle 37 Tricolored Blackbird 40 Burrowing Owl 44 American Badger 47 San Joaquin Kit Fox 50 San Joaquin Spearscale (Atriplex joaquiniana) Distribution San Joaquin spearscale occurs along the western side of the Great Valley from Glenn County to Merced County and in the small valleys of the inner Coast Ranges, including the Livermore Valley. It occurs in the broad flood basins of the valley floor and on alluvial fans associated with the major streams draining from the inner Coast Ranges foothills. It is generally found at low elevations, but has been collected up to 1,055 feet above sea level. East Alameda County Conservation Strategy D-1 October 2010 ICF 00906.08 Appendix D Species Accounts • Occurrences within the Study Area There are 12 documented occurrences of San Joaquin spearscale in the study • area. All are presumed extant and occur north of 1-580.These documented populations range in size from several hundred individual plants to several thousand. Concentrations occur in alkaline drainages off of Dolan Road north of Livermore and in Springtown Preserve.There are two populations near the junction of Dyer Road and Altamont Pass Road and one occurrence in the northeastern corner of the study area, east of Mountain House Road near the Delta Mendota Canal (CNDDB 2009). Ecology San Joaquin spearscale typically occurs in alkali grassland and alkali meadow,or on the margins of alkali scrub. It blooms from April through October and occurs on clay soils, often in areas of high alkalinity. Species Associated with San Joaquin spearscale Allenrolfea occidentalis iodine bush Atriplex coronata crownscale • Atriplex depressa brittlescale Centromadia pungens common spikeweed Cordylanthus palmatus palmate bird's-beak Distichlis spicata saltgrass Frankenia saline alkali heath Hordeum depressum low barley Hordeum morinum ssp.gussoneonum Mediterranean barley Lolium multiflorum Italian ryegrass Nitrophila occidentalis western niterwort Salicornio subterminalis Parish's pickleweed Spergularia macrotheca large-flowered sand-spurry Suaeda moquinii - bush seepweed Threats San Joaquin spearscale is a CNPS List 18.2 species, considered fairly endangered in California(GNPS 2009). The principal threat to San Joaquin spearscale has been the historic conversion of much of the alkali grassland to agriculture. • Present threats include habitat conversion to urban use, overgrazing, invasive East Alameda County Conservation Strategy D-2 October 2010 ICF 00906.08 • Appendix D Species Accounts • annual species,and impacts associated with road and utility line construction and maintenance (CNDDB 2009). Modeled Habitat Distribution in Study Area Model Assumptions The San Joaquin spearscale habitat model includes the following land covers types: alkali meadow and scald and alkali wetland. The model also includes other areas with alkaline soils and is restricted to elevations below 1,055 feet. Model Results Figure D-1 in Appendix D shows the modeled potential habitat for San Joaquin spearscale within the study area.The number of known occurrences is sufficient to verify model results and the modeled habitat predicts 9 of the 12 known populations. The model's extent is restricted to the northern portion of the study area where alkaline soils are present. • East Alameda County Conservation Strategy D-3 October 2010 ICF 00906.08 • • Appendix D Species Accounts • • Recurved Larkspur (Delphinium recurvatum) Distribution Historically, recurved larkspur was widely distributed in California's Great Valley, ranging from Butte County to Kern County. Most of the remaining occurrences are in Kern,Tulare, and San Luis Obispo Counties. The species now appears to be very rare outside the southern San Joaquin Valley (CNDDB 2009). • Occurrences within the Study Area One occurrence of recurved larkspur has been documented in the north east corner of the study area. It is located on the west side of Burns Road about 0.6 • miles north of Kelso Road,just south of the Contra Costa/Alameda County line. Ecology Recurved larkspur occurs on sandy or clay alkaline soils, generally in annual grasslands or in association with saltbush scrub or valley sink scrub habitats, • ranging in elevation from 100 to 2,000 feet above sea level (CNDDB 2009). It blooms from March through May (CNPS 2009). Species Associated with Recurved Larkspur Atriplex polycarpa allscale Atriplex spinifer° spinescale Bromus madritensis ssp. rubens red brome Centromadia pungens common spikeweed Distichlis spicata saltgrass Erodium cicutarium red filaree Frankenia salina alkali heath Isocoma acradenia var. bracteosa alkali goldenbush Lasthenia californica California goldfields Sporobolus airoides alkali sacaton • Suaeda moquinii bush seepweed • • East Alameda County Conservation Strategy D-4 October 2010 ICF 00906.08 Appendix D Species Accounts • • Threats Recurved larkspur is a CNPS List 1B.2 species, considered fairly endangered in California (CNPS 2009). The principal threat to this species has been the historic conversion of much of the alkali habitat of the Great Valley to agriculture. At present, the primary threat to recurved larkspur is overgrazing. Other threats include road and utility line construction, which in turn increase competition from invasive plants (CNDDB 2009). Modeled Habitat Distribution in Study Area Model Assumptions The recurved larkspur habitat model contains the following parameters: annual grassland land cover, elevation from 100-2,000 feet, sandy or clay alkaline soils. Additionally, potential habitat was restricted to areas east of the Diablo Range crest. Model Results Figure D-2 in Appendix D shows the modeled potential habitat for recurved larkspur as being very restricted within the study area. The model predicted • several very small areas of potential habitat in the northeast corner of the study area. The predicted habitat does not include the one occurrence of recurved larkspur just south of the Alameda/Contra Costa County line. • East Alameda County Conservation Strategy D-5 October 2010 • ICF 00906.08 Appendix D Species Accounts • . Big Tarplant (Blepharizonia plumosa) Distribution .Big tarplant is endemic to California and is found primarily in eastern Contra Costa, eastern Alameda, and western San Joaquin Counties; with smaller populations in Stanislaus and Solano Counties (Hoover 1937, CNDDB 2009). Occurrences within the Study Area Six occurrence of big tarplant are known within the study area (CNDDB 2009). One occurrence is located along the eastern edge of the study area between Midway Road and a power substation. The other five occurrences are clustered along Tesla Rd between Livermore and Tracy in the Carnegie State Vehicular Recreation Area. Ecology Big tarplant occurs in annual grassland on clay to clay-loam soils, usually on • slopes and often in burned areas, below 1,500 feet (CNDDB 2009). Seedlings appear in early spring, but the plants do not begin to bloom until mid-summer. The blooming period, during which the plants produce many heads with white flowers, generally occurs between July-October. Two species of big tarplant are present in the study area: big tarplant and viscid big tarplant (Blepharizonia laxa). Viscid big tarplant is the more widely distributed species, ranging throughout most of the south Coast Ranges and reaching its northern limit in Contra Costa County,just north of the study area. The two species, which often occur in adjacent populations, can be differentiated by their branching patterns, the amount and color of the simple and glandular hairs on the stems and leaves, the chemical compounds produced by the glands, and by genetic markers (Hickman 1993, Baldwin et al. 2001, Preston pers. comm.). The two species can hybridize, but the hybrids are infertile (Baldwin et al. 2001). Species Associated with Big Tarplant • Avena species wild oats Bromus species brome grasses Epilobium brachycorpum panicled willow-herb Eriogonum ongulosum angle-stemmed wild buckwheat • Eriogonum gracile slender woolly wild buckwheat East Alameda County Conservation Strategy D-6 October2010 ICF 00906.08 • Appendix D Species Accounts • Species Associated with Big Tarplant Grindelia camporum Great Valley gumplant Holocorpho obconico San Joaquin tarplant Holocarpha virgato virgate tarplant Logophyllo ramosissima common hareleaf Lolium multiflorum Italian ryegrass Nossella pulchro purple needlegrass Threats Big tarplant occurs in only a few highly restricted populations and is considered seriously endangered in California (CNPS List 1B.1) (CNPS 2009). The primary threat to big tarplant has been habitat loss from conversion to urban development and lack of disturbance in areas where natural processes are restricted. Ground disturbance and erosion caused by cattle grazing and competition from invasive exotics such as yellow star-thistle (Centaurea solstitialis) may also pose a threat to populations (CNDDB 2009). Modeled Habitat Distribution in Study Area Model Assumptions The big tarplant habitat model includes the following parameters: annual grassland land cover,soils consisting of clay and clay loam, elevations up to 1,827 feet, and on slopes of 10-31 degrees. The model restricts habitat to those areas within the Diablo Range that are underlain by Great Valley Sequence - geologic landforms. • Model Results • Figure D-3 in Appendix D shows the modeled potential habitat for big tarplant within the study area. Potential habitat is restricted to areas in the Diablo Range with parent material from the Great Valley Sequence (Bartosh pers. comm.). . Known occurrences are generally within the vicinity of predicted habitat. The exception is the population along Midway Road near the Alameda/San Joaquin County line, which does not fall within the modeled habitat. The small number of clustered occurrence in the study area is not sufficient to provide a high level of confidence in the model results. • East Alameda County Conservation Strategy D-7 October 2010 ICF 00906.08 Appendix D Species Accounts • Congdon's Tarplant (Centromadia parryi ssp. congdonii) • Distribution Congdon's tarplant is known from East San Francisco Bay Area, Salinas Valley, and Los Osos Valley. Occurrences within the Study Area Seven occurrences have been documented in the northern portion of the study area (CNDDB 2009). These include populations that have been recorded at: Camp Parks Reserve Forces Training Area (10,000 indivuals reported in 2003) along Tassajara Road north of Livermore (4000+ plants and 9600 plants observed at two locations in 1998),east of Livermore along North Livermore Road (370,000 plants observed in 1998), and along the Contra Costa/Alameda County line along Collier Canyon Road (321,000 plants observed in 1998) (CNDDB 2009). r • Ecology Congdon's tarplant blooms from May through October and occurs in annual grassland on lower slopes,flats, and swales below 800 feet. This species can be associated with alkaline or saline soils. Hybridization with the subspecies Centromadia parryi ssp.rudis was reported on 1998 survey forms for the North Livermore Road population (CNDDB 2009). Threats Congdon's tarplant is a CNPS List 1B.2 species that is considered fairly endangered in California. The species is severely threatened by development in most areas, including road widening that accompany development (CNDDB 2009). In other more natural settings mowing or heavy grazing can impact this species,though it has been documented in areas where both mowing and grazing occur.The biggest threat is the loss of natural disturbance in areas where natural processes are restricted. The allows annual invasive species to outcompete this species. • • East Alameda County Conservation Strategy D-8 October 2010 ICF 00906.08 Appendix D Species Accounts • Modeled Habitat Distribution in Study Area • Model Assumptions The Congdon's tarplant habitat model parameters include the annual grassland land cover and clay, clay loam, and silty clay loam soils. Additionally, model habitat was restricted to areas west of the Diablo Range crest to better fit the known extent of occurrence data from Alameda County. Model Results Figure D-4 in Appendix D shows the modeled potential habitat for Congdon's tarplant within the study area. Predicted habitat is scattered in the Livermore and Amador Valley areas. The number of known occurrences is sufficient to verify model results. Five of the seven occurrences fall within modeled habitat for this species. • • • • • East Alameda County Conservation Strategy D-9 October 2010 ICF 00906.08 • Appendix D Species Accounts • Palmate-bracted bird's-beak (Cordylanthus palmatus) Distribution The Palmate-bracted bird's-beak is state and federally endangered. Palmate- bracted bird's-beak is known from scattered locations in the Central Valley from Colusa County to Fresno County.There is a lone population in the Springtown Preserve north of Livermore. Occurrences within the Study Area One occurrence of Palmate-bracted bird's-beak has been reported in the study area, located northeast of Livermore in the Springtown Preserve. This population has been surveyed repeatedly over the last 20 years.The population has varied in size from 9,000 plants in 1990 to nearly 53,000 in 1997 (CNDDB 2009). Ecology • Palmate-bracted bird's-beak is associated with alkaline sites in grassland and chenopod scrub from 10-500 feet elevation. This species blooms from.May through October. Seeds are dispersed by water, making the local hydrology very important to the extent of a population. Threats Palmate-bracted bird's-beak is listed as endangered both at the federal and state level. It is a CNPS List 1B.1 species and is seriously endangered in California. This species is threatened by agriculture, grazing, urbanization and development, unauthorized off-road vehicle use, and altered hydrology. Non- native annual grasses are becoming a threat to this species. Targeted grazing programs or other forms of non-native grass control may be beneficial at abating this threat. Modeled Habitat Distribution in Study Area This species not modeled due to low number of occurrences in the study area and the known occurrences being well documented in Springtown Alkali Preserve. • • East Alameda County Conservation Strategy D-10 October 2010 ICF 00906.08 • • Appendix D Species Accounts • Livermore tarplant (Deinandra bacigalupii) Distribution Livermore tarplant is endemic to California and know from three occurrences, all near Livermore, Alameda County. Occurrences within the Study Area All three occurrences of Livermore tarplant are known within the study area, located northeast of Livermore in the foothills of the Diablo Range. Two of those populations are located just south of 1-580 between the junction of Greenville Road and Las Positas Road and Hawthorne Road. These two populations are just east of Greenville Road. The third population is located near the intersection of Ames Street and Raymond Road north of Livermore. Ecology Livermore tarplant blooms from June through October and occurs in seeps-and meadows, often associated with alkali meadows at 500-600 feet in elevation. • Threats This species is a CNPS List 1B.2 species and is considered fairly endangered in California. This species is threatened by development including road widening that could occur as the result of development pressure. Modeled Habitat Distribution in Study Area This species not modeled due to low number of occurrences throughout the species range and the known extent of populations within the study area. • • East Alameda County Conservation Strategy D-11 October 2010 ICF 00906.08 Appendix D Species Accounts • • Longhorn Fairy Shrimp Distribution The longhorn fairy shrimp is federally listed as endangered and is extremely rare. It is known to occur in alkali sink and scrub plant communities.The four known populations of longhorn fairy shrimp include areas within the Carrizo Plain National Monument, San Luis Obispo County; areas within San Luis National Wildlife Refuge Complex; areas within the Brushy Peak Regional Preserve,Alameda County, and areas within the Vasco Caves Preserve, near the town of Byron in Contra Costa County (USFWS 2007a). Three of the four populations are found within public lands that are protected and managed for vernal pool species (USFWS 2007a). The Livermore Vernal Pool Region is listed as a core recovery area (USFWS 2007a). Occurrences within the Study Area The species is known to occur at one location within the Conservation Strategy study area (Brushy Peak Regional Preserve) (USFWS 2007a). Critical habitat has been designated for the species within the study area (U.S. Fish and Wildlife • Service 2006). Brushy Peak Regional Preserve is owned by the Livermore Area Recreation and Park District and managed by EBRPD. All of the known localities of this species in the study area are within this preserve, which is currently protected (USFWS 2007a). Ecology Longhorn fairy shrimp occurrences are rare and highly disjunct with specific pool characteristics largely unknown (USFWS 2003).Typical habitat for listed fairy shrimp in California include vernal pools,seasonally ponded areas within vernal swales, ephemeral freshwater habitats and artificial habitats (railroad toe- drains, roadside ditches, abandoned agricultural drains, ruts left by heavy construction vehicles, and depressions in firebreaks) (Eng et al. 1990, USFWS 2003). Habitat for longhorn fairy shrimp in Alameda County is primarily in water pooled in sandstone depressions. Vernal pools in other parts of California that support these fairy shrimp are either loam and sandy loam or shallow, alkaline pools (USFWS 1994). The seasonal pool habitat is subject to seasonal variations, and it is thought that longhorn fairy shrimp are dependent on the ecological. characteristics of those variations. These characteristics include duration of inundation and presence or absence of water at specific times of the year(U.S. Fish and Wildlife Service 1994). The longhorn fairy shrimp is capable of living in • East Alameda County Conservation Strategy 0-12 October 2010 ICF 00906.08 Appendix D Species Accounts • vernal pools of relatively short duration (pond 6 to 7 weeks in winter and 3 weeks in spring) (Eriksen and Belk 1999). Longhorn fairy shrimp are omnivorous filter-feeders (Eriksen and Belk 1999). They are a component of the planktonic crustacea within seasonal temporary pools and can occur in densities as high as 200 per liter of water(Eriksen and Belk 1990). Predator consumption of fairy shrimp cysts (resting eggs) aids in distributing populations. Predators expel viable cysts in their excrement, often at locations other than where they were consumed (Wissinger et al. 1999). If conditions are suitable,these transported cysts may hatch at the new location and potentially establish a new population. Cysts can also be transported in mud carried on the feet of animals, including livestock that may wade through their habitat (Eriksen and Belk 1999). Beyond inundation of the habitat,the specific cues for hatching are largely unknown (Eriksen and Belk 1999), although temperature is believed to play a role. Longhorn fairy shrimp have been reported to co-occur with the vernal pool fairy shrimp (Branchinecta lynchi),throughout its range. Threats Longhorn fairy shrimp are threatened by the same activities as other vernal pool • invertebrates. These threats include the conversion of vernal pool habitat to agricultural lands and urban development, and extinction due to the small and isolated nature of remaining populations (U.S. Fish and Wildlife Service 1994). The limited and disjunct distribution of vernal pools, coupled with the even more limited distribution of the longhorn fairy shrimp, means that any reduction in vernal pool habitat could adversely affect this species. Recolonization opportunities are diminished when physical barriers, such as development or lack of vernal pool habitat, isolate populations from one another or inhibit transport of cysts. Isolated populations could be more susceptible to inbreeding depression, which can result in local extinction or reduced fitness (Gilpin and Soule 1986, Goodman 1987). However, this has never been demonstrated for branchiopod crustaceans. Activities that alter the suitability of vernal pool habitat could impact the special-status crustaceans that depend on them. These activities include damaging the impermeable clay and/or hardpan layers of the habitat bottom, filling in the habitat, altering(e.g. through contaminants) or destroying the watershed that conveys overland flow into the habitat. Additionally, introduction of non-native plants, destruction or degradation of the surrounding upland habitat, introduction of fish (such as Gambusia spp.) into special-status shrimp habitats, and activities that would discourage or prevent waterfowl and waders from feeding at occupied habitats and thereby restrict gene-flow • East Alameda County Conservation Strategy D-13 October 2010 ICF 00906.08 • Appendix D Species Accounts • between populations would also significantly affect longhorn fairy shrimp populations. Modeled Habitat Distribution in Study Area Model Assumptions The longhorn fairy shrimp habitat model includes all seasonal wetlands and rock outcrops that were identified within the study area. Data from vernal pool surveys (Holland 1996), and critical habitat were also include in the map to capture the likely extent of the species distribution in east Alameda County. Model Results Figure D-5 in Appendix D shows.the modeled potential habitat for the longhorn fairy shrimp within the study area. In addition to its presence at Brushy Peak • Regional Preserve,there is one CNDDB occurrence for the species.The number of known occurrences is not sufficient to verify model results.The model's extent is restricted to the northern, central portion of the study area where rock outcrop formations are prevalent. Due to the ephemeral nature of vernal pool habitats it is likely that the model underestimates potential habitat in the study • area. During wet years habitat for vernal pool species would be more extensive than in dry years. • East Alameda County Conservation Strategy D-14 October 2010 ICF 00906.08 Appendix D Species Accounts • Vernal Pool Fairy Shrimp Distribution • The vernal pool fairy shrimp is federally listed as threatened.The vernal pool fairy shrimp is found from southern Oregon to southern California, throughout the Central Valley, and west to the central Coast Ranges. Disjunct populations occur in San Luis Obispo County, Santa Barbara County, and Riverside County. This species has been observed in the eastern portions of Alameda County (Eriksen and Belk 1999). In 1996,the U.S. Fish and Wildlife Service reported that there were 32 known populations of the vernal pool fairy shrimp. The Livermore Vernal Pool Region straddles Alameda, Contra Costa, and Santa Clara Counties, extending into southwestern San Joaquin County (USFWS 2007b). There are 12 occurrences of vernal pool fairy shrimp in the Livermore Vernal Pool Region: eight in the Altamont Hills core area, four of which are in areas planned for development (USFWS 2007b).The core recovery area includes portions of Brushy Peak Regional Preserve,which is inside of the EACCS study area (USFWS 2007b). • Occurrences within the Study Area • There are three CNDDB occurrence records for this species in the study area: at the Springtown Natural Communities Reserve near Livermore, in an alkali sink containing vernal pools; in a seasonal wetland with an annual grassland upland, north of interstate 580 near Livermore; and south of Frick Lake, in a heavily grazed pasture (CNDDB 2009). Vernal pool fairy shrimp may also be found elsewhere throughout the study area in vernal pool habitats. The lack of data points could be due to a lack of survey effort. Ecology This species is usually associated with vernal pools, but can also be found in • association with other ephemeral habitats including alkali pools, seasonal drainages, stock ponds, vernal swales, rock outcrops and artificially created ephemeral habitats (railroad toe-drains, roadside ditches, abandoned agricultural drains, ruts left by heavy construction vehicles, and depressions in firebreaks) (Eng et al. 1990,Vollmar 2002). Vernal pools are subject to seasonal variations, and vernal pool fairy shrimp are dependent on the ecological characteristics of those variations. These characteristics include duration of inundation and presence or absence of water at specific times of the year(U.S. Fish and Wildlife Service 1994). The vernal pool fairy shrimp is capable of living in Central Valley vernal pools of relatively • East Alameda County Conservation Strategy D-15 October 2010 tCF 00906.08 Appendix D • Species Accounts • short duration (pond 6 to 7 weeks in winter and 3 weeks in spring) (Eriksen and Belk 1999). Other factors contributing to the suitability of pools for vernal pool fairy shrimp include alkalinity 22 to 274 ppm (parts per million),total dissolved solids (TDS) (48 to 481 ppm), and pH (6.3 to 8.5) (U.S. Fish and Wildlife Service 1994; Eriksen and Belk 1999). Water in pools occupied by vernal pool fairy shrimp typically has low conductivity and chloride (USFWS 1994). Vernal pool fairy shrimp have been found in pools ranging from 0.05 acre to 0.1 acre but occur more frequently in small, deep pools (Eriksen and Belk 1999). Vernal pool fairy shrimp are omnivorous filter-feeders. Fairy shrimp indiscriminately filter particles from the surrounding water,including bacteria,unicellular algae, and micrometazoa (Eriksen and Belk 1999). Like the longhorn fairy shrimp, vernal pool fairy shrimp are a component of the planktonic crustacea within seasonal temporary pools and can occur in densities as high as 200 per liter of water. Predator consumption of fairy shrimp cysts (resting eggs) aids in distributing populations of fairy shrimp. Predators expel viable cysts in their excrement, often at locations other than where they were consumed (e.g. Wissinger et al. 1999). If conditions are suitable,these transported cysts may hatch at the new location and potentially establish a new population. Cysts can also be transported in mud carried on the feet of animals, including livestock,that may wade through the habitat(USFWS 2007b). • Beyond inundation of the habitat, the specific cues for hatching are unknown (Eriksen and Belk 1999), although temperature is believed to play a large role. Typically, midvalley fairy shrimp mature in about 16 days when water temperatures reach at least 20 degrees Celsius (Eriksen and Belk 1999). Vernal pool fairy shrimp commonly co-occur with the California Inderiella (Linderiella occidentalis) and has also been reported co-occurring with the midvalley pool fairy shrimp(Branchinecta mesovallensis) (Eriksen and Belk 1999). In most cases, the vernal pool fairy shrimp does not co-occur with other fairy shrimp species and is not numerically dominant when other fairy shrimp species are present (Eng et al. 1990). • Threats • Vernal pool fairy shrimp are threatened by the same activities as other vernal pool invertebrates. These threats include the conversion of vernal pool habitat to agricultural lands and urban development, and stochastic extinction because of the small and isolated nature of remaining populations (U.S. Fish and Wildlife Service 1994). The limited and disjunct distribution of vernal pools, coupled with the even more limited distribution of the vernal pool fairy shrimp, means that any reduction in vernal pool habitat quantity could adversely affect this . species. • East Alameda County Conservation Strategy 0-16 October 2010 ICF 00906.08 Appendix D Species Accounts • Recolonization opportunities are diminished when physical barriers, such as development or lack of vernal pool habitat, isolate populations from one another or inhibit transport of cysts. Isolated populations could be more susceptible to inbreeding depression, which can result in local extinction or reduced fitness (Gilpin and Soule 1986, Goodman 1987). However, this has never been demonstrated for branchiopod crustaceans. Activities that alter the suitability of vernal pool habitat may impact the special- status crustaceans dependent on those habitats. These activities include damaging the impermeable clay and for hardpan layers of the habitat bottom, filling in the habitat, and altering (e.g. through contaminants) or destroying the watershed that conveys overland flow into the habitat. Additionally, introduction of non-native plants, destruction or degradation of the surrounding upland habitat, introduction of fish (such as Gambusia spp.) into special-status shrimp habitats, and activities that would discourage or prevent waterfowl and waders from feeding at occupied habitats and thereby restrict gene flow between populations would also significantly affect mid-valley fairy shrimp populations. Modeled Habitat Distribution in Study Area Model Assumptions The vernal pool fairy shrimp habitat model includes all seasonal wetlands that were identified within the study area. Vernal pools and other suitable microhabitats occur at too small a scale to be mapped in the area (e.g., vernal pools are subsumed within "seasonal wetlands"). However, data from vernal pool surveys (Holland 1996), critical habitat and core recovery areas listed in the USFWS recovery plan were added to the potential habitat figure (Figure D-6) for vernal pool fairy shrimp. Model Results Figure D-6 in Appendix D shows the modeled potential habitat for the vernal pool fairy shrimp within the study area.The modeled potential habitat for the vernal pool fairy shrimp can be found in Appendix D. The model fits the known occurrences from the CNDDB well, in Alameda County. Due to the ephemeral nature of vernal pool habitats it is likely that the model underestimates potential habitat in the study area. During wet years habitat for vernal pool species would be more extensive than in dry years. • • • • East Alameda County Conservation Strategy D-17 October 2010 ICF 00906.08 Appendix D Species Accounts • Callippe Silverspot Butterfly • Distribution • The Callippe silverspot is federally listed as endangered. The Callippe silverspot (Speyeria callippe callippe) is endemic to the San Francisco Bay area and is best known from San Bruno Mountain in San Mateo County. Historically, populations occurred on the west side of San Francisco Bay from Twin Peaks in San Francisco to the vicinity of La Honda in San Mateo County (Arnold 2008). In the East Bay, populations were known from northwestern Contra Costa County southward to the Castro Valley area of Alameda County (Arnold 2008). Additional populations of the species S. callippe occur in the Sky Valley-Lake Herman area of southern Solano County and in the north central and northeastern portions of Alameda County (Arnold 1981; Murphy and Weiss 1990). Since 1988, callippe silverspot butterflies have been recorded at San Bruno Mountain and Sign Hill near South San Francisco (San Mateo County), in the hills near Pleasanton (Alameda County), at Sears Point(Sonoma County), and in the hills between Vallejo and Cordelia (USFWS online 02/09/09). Currently the only population known on the San Francisco Peninsula is at San Bruno Mountain, while populations in the East Bay are limited to southern • Solano County and the Pleasanton-Sunol areas (Arnold 1981). A closely related subspecies,S. callippe comstocki, is difficult to distinguish from S. callippe callippe and is known to occur in the San Francisco Bay area. Critical habitat for the Callippe silverspot,designated July, 1978.There is no designated critical habitat in the study area (78 CFR 28938-28945). There are no CNDDB occurrences in the study area (CNDDB 2009), but there have been records in the hills near Pleasanton (USFWS online 02/09/09) Ecology The callippe silverspot butterfly occurs in grasslands where its sole larval food plant,johnny jump-up (Viola pedunculoto), grows. It has been observed in both . grazed and ungrazed grasslands. The callippe silverspot butterfly occurs in hilly terrain with a mixture of topographic relief. Adults will visit the margins of oak woodlands and riparian areas in search of nectar, as well as disturbed areas if favored nectar plants grow there (Arnold 1981). The three primary habitat requirements of the callippe silverspot butterfly are: e grasslands supporting its larval food plants; • hilltops near suitable habitat for mate location; and • nectar plants,which can occur in grasslands or nearby oak woodlands, • riparian areas, or disturbed areas. East Alameda County Conservation Strategy D-18 October 2010 ICF 00906.08 Appendix D Species Accounts • Because the butterfly has been observed flying distances of approximately 1 mile (Thomas Reid Associates 1981), these three habitat features do not necessarily have to be adjacent to each other. The adult flight season is about 6 to 8 weeks in length, starting in mid-May and terminating in mid-July. When available, the adult silverspot feed on nectar plants including mints, especially Monardella, and thistles,such as Silybum, Carduus, and Cirsium, and buckeyes (Aesculus) (Arnold 1981). Adults tend to congregate on hilltops, a behavior known as hilltopping,where they search for potential mates. • Because the leaves of Viola pedunculata are typically dry by the start of the adult flight season, females frequently lay their eggs in or near areas where Viola grows. For this reason, newly hatched larvae do not feed before they find a suitable diapause location. When Viola sprouts during the following winter, the larvae have to search for the food plant. Also, developing larvae usually feed at night, but crawl off of the food plant and hide nearby during the daytime. Thus, short distance dispersal, probably on the order of tens of feet, occurs routinely during the larval stage. Threats Loss and alteration of habitat, primarily through urbanization and habitat • degradation by non-native plants, are some of the factors contributing to the decline of the callippe silverspot butterfly in the study area. Overgrazing can be detrimental, but properly managed grazing can enhance grassland habitat by preventing other species from outcompeting host plants (USFWS 1997). Increased frequency of fire may also be detrimental, but this impact would require further study. Other threats include trampling by hikers, bikers and equestrians (Arnold 1981). Dust from quarrying operations has been reported as . a threat to the species, because abundant dust could clog the spiracles of larvae and adults; interfering with their respiration (USFWS 1997). Callippe silverspot butterflies are also very sensitive to pesticide use. Modeled Habitat Distribution in Study Area Model Assumptions The potential habitat model shown in Figure D-7 includes all native and annual grassland habitats within its historic range, which includes the Pleasanton- Sunol-Castro Valley areas of Alameda County (Arnold 2004).The range was extended to the edge of eastern Livermore to account for potential habitat that has been previously unsurveyed. • East Alameda County Conservation Strategy D-19 October 2010 ICF 00906.08 Appendix D Species Accounts • Model Results Figure D-7 in Appendix D shows the modeled potential habitat for the Callippe silverspot butterfly based on suitable grassland habitat and previously published ranges. Since there are no occurrence data to corroborate this model, any potential habitat shown would need to be surveyed for the presence of host plants,first, and then for the presence of the butterfly to determine whether an area provides habitat for the species. • • • • • • East Alameda County Conservation Strategy D-20 October 2010 ICF 00906.08 Appendix D Species Accounts • California Tiger Salamander Distribution The California tiger salamander is divided into three distinct population segments (DPS) and each has a separate designation under the federal ESA. The Sonoma DPS and Santa Barbara DPS are listed as federally endangered. The Central California DPS (which overlaps with the study area) is federally threatened.The California tiger salamander is also state listed as threatened (50 CFR 47212-47248,August 4, 2004) (California Department of Fish and Game, February 5, 2009). The California tiger salamander is endemic to California. Historically,the California tiger salamander probably occurred in grassland habitats throughout much of the state. Although this species still occurs within much of its historic range, it has been extirpated from many areas it once occupied (Fisher and Shaffer 1996, Stebbins 1995). The loss of California tiger salamander populations has been primarily due to habitat loss within their historic range (Fisher and Shaffer 1996). Based on genetic analysis,there are six populations of California tiger • salamanders, distributed as follows: (1)Santa Rosa area of Sonoma County, (2) Bay Area (central and southern Alameda, Santa Clara, western Stanislaus, western Merced, and the majority of San Benito counties), (3) Central Valley (Yolo, Sacramento,Solano, eastern Contra Costa, northeast Alameda, San Joaquin,Stanislaus, Merced, and northwestern Madera counties), (4) southern San Joaquin Valley (portions of Madera, central Fresno, and northern Tulare and Kings counties), (5) Central Coast range(southern Santa Cruz, Monterey, northern San Luis Obispo, and portions of western San Benito, Fresno, and Kern counties), and (6) Santa Barbara County (Shaffer and Trenham 2005). Most populations occur at elevations below 1,500 feet, but California tiger salamanders have been recorded at elevations up to 3,660 feet (Trenham pers. comm.). Although populations have declined, the species continues to breed at a large number of locations within its current range (59 FR 4 18353-18354,April 18, 1994). At most historic breeding sites below 200 feet elevation, ponds remain present but are typically occupied by non-native species and no longer support California tiger salamanders (Fisher and Shaffer 1996). Occurrence in Study Area There are 136 occurrences within the study area on both private and public lands(EBRPD, Carnegie SVRA, SFPUC watershed lands, Lawrence Livermore Laboratories) (CNDDB 2009). Occurrences on EBRPD land include Frick Lake, Del Valle Reservoir,Sunol Regional Wilderness, Pleasanton Ridge Regional Park • East Alameda County Conservation Strategy D-21 October 2010 • ICF 00906.08 Appendix D Species Accounts • (Bobzien and DiDonato 2007). Critical habitat (CV-18) has been designated within the study area, north of Livermore (70 FR 49379-49458; August 23, 2005). Ecology California tiger salamanders require two major habitat components: aquatic breeding sites and terrestrial upland sites. California tiger salamanders inhabit valley and foothill grasslands and the grassy understory of open woodlands, usually within one mile of water(Jennings and Hayes 1994). Following metamorphosis California tiger salamanders are terrestrial animals that spend most of their time underground in subterranean refuge sites. Underground • retreats are usually California ground squirrel (Spermophilus beechyii) or pocket gopher(Thomomys bottae) burrows and, occasionally, human-made structures. Adults emerge from underground to breed, but only for brief periods during the year. California tiger salamanders breed and lay their eggs primarily in vernal • pools and other ephemeral ponds that fill in winter and often dry out by summer(Loredo et al. 1996);they sometimes use permanent human-made ponds (e.g., stock ponds), reservoirs, and small lakes that do not support predatory fish or bullfrogs (Stebbins 1995,Zeiner et al. 1988). Streams are rarely used for reproduction. • Adult salamanders migrate from upland habitats to aquatic breeding sites during the first major rainfall events of early winter and return to upland habitats after breeding. This species requires small-mammal burrows for cover • during the non-breeding season and during migration to and from aquatic breeding sites (Zeiner et al. 1988). California tiger salamanders also use logs, piles of lumber, and shrink-swell cracks in the ground for cover(Holland et al. 1990). California tiger salamanders have been documented up to 1.3 miles from their breeding sites (Jennings and Hayes 1994; USFWS 2004,Trenham and Shaffer 2005). The California tiger salamander is particularly sensitive to the duration of ponding in aquatic breeding sites. Because at least 10 weeks are required to complete metamorphosis, aquatic sites that are considered suitable for breeding should retain water for a minimum of 10 weeks;these tend to be larger pools. Large vernal pool complexes, rather than isolated pools, probably • offer the best quality habitat;these areas can support a mixture of aquatice breeding sites and nearby upland refuge sites (Shaffer et al. 1994,Jennings and • Hayes 1994). • Aquatic larvae feed on algae, small crustaceans, and small mosquito larvae for about six weeks after hatching(U.S. Fish and Wildlife Service 2000a). Larger larvae feed on zooplankton, amphipods, mollusks, and smaller tadpoles of Pacific treefrogs (Pseudacris regilla), California red-legged frogs(Rana aurora • draytoni), western toads (Bufo boreal) and spadefoot toads (Spea spp.) (Zeiner East Alameda County Conservation Strategy D-22 October 2010 ICF 00906.08 Appendix D Species Accounts • et al. 1988, U.S. Fish and Wildlife Service 2000a). Adults eat earthworms, snails, insects, fish, and small mammals (Stebbins 1972). Dispersal of juveniles from natal ponds to underground refuge sites could occur throughout the year. While juveniles will move short distances from breeding ponds once they start to dry up in the late spring and summer, longer distances from breeding ponds are attained during rainy periods. California tiger salamander larvae and embryos are susceptible to predation by fish, herons and egrets, bullfrogs, and possibly garter snakes (Shaffer and Fisher 1991, Shaffer and Stanley 1992,Shaffer et al. 1993, Shaffer et al. 1994). Because of their secretive behavior and limited periods above ground, adult California tiger salamanders have few predators (U.S. Fish and Wildlife Service 2000a). Threats California tiger salamander populations have declined as a result of two primary factors: widespread habitat loss and habitat fragmentation. Residential development and land use changes in the California tiger salamander's range have removed or fragmented vernal pool complexes, eliminated refuge sites adjacent to breeding areas, and reduced habitat suitability for the species over much of the Central Valley(Barry and Shaffer 1994,Jennings and Hayes 1994). • Grading activities have probably also eliminated large numbers of salamanders directly(Barry and Shaffer 1994). Non-native species (bullfrogs, Louisiana red swamp crayfish, and non-native fishes (mosquitofish, bass, and sunfish)) prey on tiger salamander larvae and may eliminate larval populations from breeding sites (Jennings and Hayes 1994; • USFWS 2000). Rodent control through destruction of burrows and release of toxic chemicals into burrows can cause direct mortality to individual salamanders and may result in a decrease of available habitat (USFWS 2000a). Vehicular-related mortality is an important threat to California tiger salamander populations (Barry and Shaffer 1994,Jennings and Hayes 1994). California tiger salamanders readily attempt to cross roads during migration, and roads that sustain heavy vehicle traffic or barriers that impede seasonal migrations may have impacted tiger salamander populations in some areas (Shaffer and Fisher 1991, Shaffer and Stanley 1992, Barry and Shaffer 1994). Hybridization between California tiger salamander and an introduced congener,A. tigrinum, has been documented and may be extensive (Riley et al. 2003). • East Alameda County Conservation Strategy D-23 October 2010 ICF 00906.08 Appendix D Species Accounts • Modeled Habitat Distribution in Study Area Model Assumptions California tiger salamanders require two major habitat components: aquatic breeding sites and upland or refuge sites. 1. Breeding and Foraging Potential breeding habitat within the study area is assumed to be all ponds, perennial freshwater marshes, alkali wetlands and seasonal wetlands within riparian,grassland, oak woodland, and conifer woodland land cover types, up to 3,660 feet in elevation. This species sometimes use permanent human-made ponds (e.g., stock ponds), reservoirs,and small lakes that do not support predatory fish or bullfrogs (Zeiner et al. 1988). Streams are rarely used for reproduction. 2. Upland Refuge Sites and Dispersal Habitat • Upland habitats that provide subterranean refuge sites for this species are assumed to be within 1.3 miles of primary habitat (USFWS 2004) in grassland, chaparral and coastal scrub, oak woodland, riparian forest/scrub, riparian forest/woodland wetlands, conifer woodlands, and agricultural areas, except for urban, rural, residential, landfill and canal/aqueduct cover types. Model Results Figure D-8 in Appendix D shows the modeled potential habitat for the California tiger salamander within the plan area. The model output designates breeding habitat and bases upland and dispersal habitat on known movement distances from that habitat. Suitable habitat for this species is spread evenly throughout the undeveloped portions of the study area, primarily due to the even distribution of stock ponds and other aquatic habitat. Upland and dispersal habitat covers most of the non-urbanized plan area. The known occurrences of this species fall within the modeled habitat. Due to the seasonal nature of most aquatic breeding habitat (e.g. vernal pools), breeding habitat may be under mapped. Site specific conditions should be surveyed to determine whether habitats on the site would support California tiger salamander. • East Alameda County Conservation Strategy D-24 October 2010 ICF 00906.08 Appendix D Species Accounts • California Red-Legged Frog Distribution The California red-legged frog is federally listed as threatened and is a California species of special concern.The taxon is known from isolated locations in the Sierra Nevada, North Coast, and northern Transverse Ranges. It is relatively common in the San Francisco Bay area and along the central coast. The California red-legged frog is believed to be extirpated from the floor of the Central Valley (USFWS 2002). California red-legged frogs occupy many areas of suitable habitat throughout Alameda County (USFWS 2002; CNDDB 2009). Occurrence in Study Area There are 124 occurrences within the study area, many within small farm and stock ponds, as well as creeks and drainages (CNDDB 2009). California red- legged frogs occur at Brushy Peak Regional Preserve, Del Valle Reservoir, Ohlone Regional Wilderness, Pleasanton Ridge Regional Park and Sunol Regional Wilderness (Bobzien and DiDonato 2007).The study area is within the East San Francisco Bay core area (USFWS 2002). Over two thirds of the study area has been designated as critical habitat (75 FR 12815 to 12959; March 17, 2010). The • study area contains the following critical habitat units: CCS-2, ALA-2, and the eastern portions of ALA-1A and ALA-1B. Ecology California red-legged frogs use a variety of habitat types;these include various aquatic Systems as well as riparian and upland habitats (USFWS 2002). However, they may complete their entire life cycle in a pond or other aquatic site that is suitable for all life stages (66 Federal Register [FR] 14626). California red-legged frogs inhabit marshes; streams; lakes; ponds; and other, usually permanent, sources of water that have dense riparian vegetation (Stebbins 2003). The highest densities of frogs are found in habitats with deepwater pools (at least 2.5 feet deep) with dense stands of overhanging willows (Solix sp.) and a fringe of tules (Scirpus sp.) or cattails (Typha sp.) (Jennings 1988;Jennings and Hayes 1994). Juvenile frogs seem to favor open, shallow aquatic habitats with • dense submergent vegetation. Although red-legged frogs can inhabit either ephemeral or permanent streams or ponds, populations probably cannot be maintained in ephemeral streams in which all surface water disappears (Jennings and Hayes 1994). As adults, California red-legged frogs are highly aquatic when active but depend •less on permanent water bodies than do other frog species (USFWS 2002). Adults may take refuge during dry periods in rodent holes or leaf litter in • • East Alameda County Conservation Strategy D-25 October 2010 ICF 00906.08 Appendix D Species Accounts • riparian habitats (USFWS 2002). Adult California red-legged frogs have been observed using large cracks in the bottom of dried ponds as refugia (Alvarez 2004). Although red-legged frogs typically remain near streams or ponds, marked and radio-tagged frogs have been observed to move more than two miles through upland habitat. These movements are typically made during wet weather and at night (USIWS 2002). California red-legged frogs typically lay their eggs in clusters around aquatic vegetation from December to early April (Jennings 1988). Larvae undergo metamorphosis 3.5-7 months after hatching (Jennings and Hayes 1990). However, larvae have been observed to take more than a year to complete metamorphosis in four counties in the central coast of California (Fellers et al. 2001). Threats The decline of the California red-legged frog is attributable to a variety of factors. Large-scale commercial harvesting of red-legged frogs led to severe depletions of populations at the turn of the century(Jennings and Hayes 1985). Subsequently, exotic aquatic predators such as bullfrogs, crayfish,and various species of predatory fish became established and contributed to the continued • decline of the species (Hayes and Jennings 1986). Habitat alterations such as conversion of land to agricultural and commercial uses, reservoir construction which effects downstream riparian environments, and in some places unauthorized off-highway vehicle use threaten remaining populations (Zeiner et al. 1988,Jennings and Hayes 1994). Modeled Species Distribution in Study Area Model Assumptions Breeding and Foraging Habitat All perennial freshwater marsh, seasonal wetland, ponds (natural and man- made), rivers and habitat within 150 feet of these, up to an elevation of 3500 feet, were considered potential breeding and foraging habitat for California red- legged frog. Within the study area, stock ponds may be used as breeding sites by this species. All existing ponds and streams within the area were,therefore, considered potential suitable breeding habitats for California red-legged frogs. Movement and Refuge Sites All grassland, chaparral and coastal scrub, oak woodland, riparian forest/scrub, • conifer woodland, and agriculture land cover types beyond 150 feet but within 2 East Alameda County Conservation Strategy D-26 October 2010 ICF 00906.08 Appendix D Species Accounts • miles of breeding and foraging habitat are characterized as movement and refuge habitat.This is habitat that might be used by individuals during seasonal movements between breeding and summer habitat. During dry weather, California red-legged frogs likely remain in or near water. However, as ponds dry out, these frogs disperse from their breeding sites to other areas with water or to temporary shelter or aestivation sites.This latter habitat may include small mammal burrows, incised stream channels, shelter under boulders, rocks, logs, leaf litter, agricultural drains, watering troughs, abandoned sheds, or unused farm equipment (Jennings and Hayes 1994). Dispersal distances are believed to depend on the availability of suitable habitat and prevailing environmental conditions, and may be up to 1.7 miles (2.8 km) (Fellers and Kleeman 2007). Because the actual movement patterns of California red-legged frogs in these habitats is generally not known,for this model it was conservatively estimated that all non-urban land cover areas within a radius of two miles from all potential breeding sites were potential migration and/or aestivation habitats for California red-legged frogs. Model Results Figure D-9 in Appendix D shows the modeled potential habitat for the California red-legged frog within the study area. Due to the abundance of aquatic habitat in the moderate to high elevations of the study area the associated upland • refuge sites and dispersal habitat covers most of the study area. The known occurrences of this species fall within the modeled habitat. • • East Alameda County Conservation Strategy D-27 October 2010 ICF 00906.08 Appendix D • Species Accounts • Foothill yellow-legged frog Distribution Historically,foothill yellow-legged frogs occurred from west of the crest of the Cascade mountains in Oregon south to the Transverse ranges in Los Angeles County, and in the Sierra Nevada foothills south to Kern County (Stebbins 2003). The known elevation range of the species extends from near sea level to approximately 2,040 meters (6,700 feet).above sea level (Stebbins 2003). The current range excludes coastal areas south of northern San Luis Obispo County and foothill areas south of Fresno County,where the species is apparently extirpated (Jennings and Hayes 1994). The foothill yellow-legged frog is still common along the north coast of California (G. Fellers cited by Stebbins and Cohen 1995). Fellers (1994) reported healthy, reproducing populations throughout suitable habitat in the Diablo Range in Alameda,western Stanislaus, Santa Clara, San Benito, and western Fresno counties. Occurrences in Conservation Strategy Area • Of the six CNDDB occurrences within the Conservation Strategy Area, four were within Alameda Creek; one was located in the headwaters of Corral Hollow Creek; and one at Arroyo Mocho, upstream of the Hetch-Hetchy pumping station bridge (CNDDB 2009). Foothill yellow-legged frogs are also found in Sunol Regional Wilderness and Ohlone Regional Wilderness (Bobzien and DiDonato 2007). Ecology Foothill yellow-legged frogs are a highly aquatic amphibian, spending most or all of their life in or near streams,though frogs have been documented underground and beneath surface objects more than 50 meters (165 feet)from water (Nussbaum et al. 1983). Foothill yellow-legged frogs require shallow, flowing water in small to moderate-sized streams with at least some cobble- sized substrate (Hayes and Jennings 1988,Jennings 1988).This species has been found in streams without cobble (Fitch 1938), but it is not clear whether these habitats are regularly used (Hayes and Jennings 1988,Jennings and Hayes 1994). Foothill yellow-legged frogs are usually absent from habitats where introduced aquatic predators,such as various fishes and bullfrogs, are present (Hayes and Jennings 1986, Kupferberg 1994). The species deposits its egg masses on the downstream side of cobbles and boulders over which a relatively thin, gentle flow of water exists (Fitch 1936, Kupferberg 1996). • East Alameda County Conservation Strategy D-28 October 2010 ICF 00906.08 Appendix D Species Accounts • • Garter snakes are predators on foothill yellow-legged frog tadpoles (Jennings and Hayes 1994). Salamanders, including the rough-skinned newt (Taricho tarosa), are believed to prey on the species' eggs. • Threats Threats include stream scouring(which may negatively impact frogs in streambed hibernation sites), introduced incompatible aquatic animals, riverine and riparian impacts of nonselective logging practices, and stabilization of historically fluctuating stream flows. Poorly timed water releases from upstream reservoirs can scour egg masses of this species from their oviposition substrates (Jennings and Hayes 1994), and decreased flows can force adult frogs to move into permanent pools, where they may be more susceptible to predation (Hayes and Jennings 1988). Introduced predators include bullfrog larvae (Kupferberg 1997) and centrachid fishes (e.g., bass) (Morey 2005). Other threats include airborne agrochemicals (Davidson et al. 2002), habitat destruction, climate change, and UV-B radiation. Modeled Species Distribution in Study Area Model Description • Model Assumptions Breeding and Foraging Habitat • • All perennial rivers and streams in all land cover'types except as they pass through urban, rural residential and landfill land covers were determined to be potential habitat. Foothill yellow-legged frogs are stream-dwelling amphibians that require shallow,flowing water in small to moderate-sized perennial streams with at least some cobble-sized substrate, but occasionally found in perennial streams without cobble(Hayes and Jennings 1988,Jennings 1988, H.T. Harvey and Associates 1999). • Upland/Movement Habitat The species has been documented up to 165 feet from water(Zeiner et al. 1988). A buffer of 165-feet around all breeding and foraging habitat was considered upland habitat. • . East Alameda County Conservation Strategy D-29 October 2010 ICF 00906.08 Appendix D • Species Accounts • Model Results Figure D-10 in Appendix D shows the modeled potential habitat.for the foothill yellow-legged frog within the study area. Suitable habitat appears to be present in all areas that maintain some perennial stream flow at moderate elevations. This includes nearly all streams in the study area with the exception of the very small tributaries and some heavily modified stream channels on the valley floor. The known occurrences in the study area fall within the modeled habitat. Since it is unknown which streams are perennial during most years and which of those have cobblestone substrate,the model likely overestimates foothill yellow- legged frog habitat substantially. Site surveys would need to verify whether each stream was suitable for the species. • • • East Alameda County Conservation Strategy D-30 October 2010 ICF 00906.08 Appendix D Species Accounts • • Alameda Whipsnake Distribution The Alameda whipsnake is a federally and state listed as threatened.The Alameda whipsnake's range is restricted to the inner Coast Range in western and central Contra Costa and Alameda Counties (U.S. Fish and Wildlife Service 2000). The historical range of the Alameda whipsnake has been fragmented into five disjunct populations (U.S. Fish and Wildlife Service 1997): Tilden- Briones, Oakland—Las Trampas, Hayward—Pleasanton Ridge, Sunol—Cedar Mountain, and the Mount Diablo—Black Hills (U.S. Fish and Wildlife Service 1997). Occurrences within the Conservation Strategy Area Of the four CNDDB occurrences (CNDDB 2009), one is located in the northern portion of the study area, southwest of Dublin (CNDDB 2009).Three CNDDB occurrences are located in the southern portion of the study area (CNDDB 2009). In addition to the CNDDB occurrences, in the northern portion of the study area, two documented occurrences occur in the vicinity of the Alameda county—Contra Costa County border(Tri-Valley Conservancy 2009). The Brushy • Peak Regional Preserve contains several unconfirmed observations of Alameda whipsnake and the habitat in this area is considered suitable (Tri-Valley Conservancy 2008, Swaim pers. comm.). Areas adjacent to Brushy Peak (especially north and south of Frick Lake) have been identified as high priority areas (Tri-Valley Conservancy 2008). Four recovery units are located within the study area: Hayward-Pleasanton Ridge, Sunol-Cedar Mountain, Mount Diablo/Black Hills and Niles Canyon-Sunol Corridor(U.S. Fish and Wildlife Service 1997). Designated critical habitat occurs in three parts of the study area, south of Highway 580: East of highway 680 on the north of 580 (AWS-3); south of 580 on the east side of the county (AWS-SA) and south of 580 on the west side of the county (AWS-5B) (USFWS 71 FR 58175 to 58231; October 2, 2006). Ecology The Alameda whipsnake occurs primarily in coastal scrub and chaparral communities, but also forages in a variety of other communities in the inner Coast Range, including grasslands and open woodlands (Swaim 1994). Rock outcrops with deep crevices or abundant rodent burrows are important habitat components for overnight dens, refuges from predators and excessive heat, foraging, egg laying and winter hibernacula (winter residence where snakes • East Alameda County Conservation Strategy D-31 October 2010 ICF 00906.08 Appendix D Species Accounts • hibernate) (Swaim 1994, USFWS 2000b). Suitable habitat for this species includes communities that support mixed chaparral, coastal scrub, and annual grassland and oak woodlands that are adjacent to scrub habitats (USFWS 2000b). Grassland areas that are linked to scrub by rock outcrops or river corridors are also considered primary constituent elements for the species (USFWS 2000b). Whipsnake habitat must consist of a mix of sunny and shady sites in order to provide a range of temperatures for the snake's activities (Swaim 1994, U.S. Fish and Wildlife Service 2000b). A sparse shrub canopy is ideal because it also provides a visual barrier from avian predators (Swaim 1994). The Alameda whipsnake is non-migratory. Alameda whipsnakes spend November through March in a winter hibernaculum (U.S. Fish and Wildlife Service 2000b). Mating occurs from late March through mid-June (U.S. Fish and Wildlife Service 2000b). Whipsnakes lay a clutch of 6 to 11 eggs (Stebbins 1985), probably in loose soil or under logs or rocks (Zeiner et al. 1988). According to Swaim (1994), female Alameda whipsnakes will use grassland habitat for egg laying. Whipsnakes prey on a variety of vertebrate species, including frogs, lizards, nestling birds, and rodents (Zeiner et al. 1988). Studies indicate that the Alameda whipsnake prefers lizard prey and may be an example of a feeding • specialist. Rock outcrops are particularly important foraging habitat for the Alameda whipsnake because they support many of the species' prey(U.S. Fish and Wildlife Service 2000b). Additionally,the Alameda whipsnake has been observed foraging in grassland habitats adjacent to native Diablan sage scrub habitats (Swaim 1994). Diurnal predators, especially raptors, prey on adult Alameda whipsnakes. Nocturnal mammals likely prey on Alameda whipsnake eggs (Zeiner et al. 1988). Basking in open terrain may expose snakes to predators such as red-tailed hawks (Fitch 1949 in Swaim 1994). Threats Alameda whipsnake populations have declined from loss of habitat resulting from urban expansion (U.S. Fish and Wildlife Service 200Db). Urban development, particularly road and highway construction, has also fragmented Alameda whipsnake populations and made them more vulnerable to extinction (U.S. Fish and Wildlife Service 1997). Urban development adjacent to whipsnake habitat increases the likelihood of predation from feral cats and injury or death from public recreational use. Other significant threats to this species' recovery include inappropriate grazing practices which remove shrub cover and reduce grass cover, and alteration of habitat through fire suppression • (U.S. Fish and Wildlife Service 1997). East Alameda County Conservation Strategy D-32 October 2010 ICE 00906.08 Appendix D Species Accounts • Fire suppression alters suitable Alameda whipsnake habitat by increasing the likelihood of large catastrophic fires occurring in areas where vegetation has become overgrown or by creating a closed scrub canopy which tends to reduce the diversity of microhabitats that whipsnakes require (Swaim 1994). Incompatible land uses include fire suppression, off-road vehicle use, some grazing practices, unauthorized collecting and mining. Species Distribution in Study Area • Due to the nuances of Alameda whipsnake habitat in the study area, specific model parameters were not able to be distinguished. Recovery units described above and shown in Figure D-11 were used to delineate potential Alameda whipsnake habitat within the study area. Mitigation guidance and conservation planning for the Alameda whipsnake will be determined based on these Recovery Units. The presence or absence of Alameda whipsnakes or suitable habitat for Alameda whipsnake will ultimately need to be determined through an on-the-ground habitat assessment. • • • • East Alameda County Conservation Strategy D-33 October 2010 ICF 00906.08 Appendix D Species Accounts • Central California Coast Steelhead Distribution The historical range of central California coast steelhead includes coastal streams from the Russian River south to and including Soquel Creek in Santa Cruz County. This includes the stream tributaries of the San Francisco Bay and • San Pablo Bay basins. Central California coast steelhead is still present in most of the coastal streams in their historic range,though abundance may be • reduced and/or distribution within individual basins may be restricted. See Figure 2-10 for the range map of the central California coast steelhead distinct population segment (DPS). Occurrences within the Study Area Current distribution of central California coast steelhead is up to the Bay Area Rapid Transit(BART)weir, located in the Lower Alameda Creek flood control channel,which is the lowermost barrier in Alameda Creek. However, rainbow trout occur throughout the Alameda watershed including the upper watershed, which is in the study area. The occurrence of all life stages (juveniles and adults) • in the upper watershed suggests suitable rearing and spawning habitat is available in the study area. Trout were found in: Niles Canyon, Upper Alameda Creek and Little Yosemite Creek, Upper Alameda Creek above Alameda Diversion, Indian Joe Creek, La Costa Creek, San Antonio Creek, and Arroyo Hondo Creek (Gunther et al 2000). Ecology Smith (1999) describes two different habitat types used by central California coast steelhead and resident trout. The primary habitat consists of shaded pools of small, cool, low-flow upstream reaches typical of the original steelhead habitat in the region. In addition, they use warm water habitats below some dams or pipeline outfalls, where summer releases provide high summer flows and fast-water feeding habitat. Trout metabolic rate and thus food demand increases with temperature. Trout rely heavily on insect drift for food, and drift increases with flow velocity. Under conditions of low flow and high temperatures,trout have increasing difficulty obtaining sufficient food to meet metabolic costs. Steelhead select spawning sites with gravel substrate and sufficient flow velocity to maintain circulation through the gravel, providing a clean,well-oxygenated environment for incubating eggs. Preferred flow velocity is in the range of 1 to 3 feet per second (Raleigh et al 1986). Preferred gravel substrate is in the range • East Alameda County Conservation Strategy D-34 October 2010 ICF 00906.08 Appendix D Species Accounts • of 0.25 to 4 inches in diameter for steelhead, and 0.25 to 2.5 inches in diameter for resident rainbow trout (Bjornn and Reiser 1991). After emergence from the gravel,fry inhabit low velocity areas along the stream • margins. As they feed and grow,they gradually move to deeper and faster water. In central California streams, steelhead typically rear for one or two years. Cover is provided by boulders, undercut banks, logs, or other objects. Heads of pools generally provide classic conditions for older trout. Trout can inhabit very small streams, particularly in coastal areas. Steelhead along the central California coast enter freshwater to spawn from late October through the end of May, with peaks between mid-December and mid- April (Shapovalov and Taft 1954). In the Bay Area, trout are typically found in clear, cool, shaded portions of the middle or upper reaches of perennial streams in relatively undisturbed watersheds. In headwater streams,the gradient is relatively high, water is usually clear, and streams are well shaded, have relatively cold temperatures, (seldom exceeding 21° C), and are saturated with oxygen.The lower extent of trout distribution is regulated largely by temperature. In freshwater habitats, steelhead parr and rainbow trout feed primarily on small invertebrates. Juveniles, particularly fry, are vulnerable to predation by birds including kingfishers, mergansers,green herons,great blue herons, and night herons. • Garter snakes also prey on juveniles, as do raccoons, particularly in situations where fish are trapped in isolated pools during the dry season. Abundance estimates for the central California coast steelhead are poor. Juveniles in this DPS have been observed in 82 percent of streams in which it was historically found, but their abundance has decreased. Due to impassable dams in some basins, which have limited access to historical spawning areas, National Marine Fisheries Service predicts that this DPS will become "endangered within the foreseeable future" (71 FR 852 January 5, 2006). Threats Urbanization, particularly in lower watershed areas, has resulted in habitat • degradation and has created migration barriers where streams have been modified for flood control, placed in long underground culverts, bridged, culverted, and channelized. Urbanization has also altered patterns of stream flow due to decreased drainage efficiency, increases in impervious areas, and in some cases, increased summer irrigation. Water supply projects have also altered stream flow through water diversion, storage, and water delivery projects. Dams for water supply or recreational use have eliminated access to many headwater areas important to steelhead and rainbow trout. Watershed activities, especially urbanization, have increased delivery of fine sediments to East Alameda County Conservation Strategy D-35 October 2010 ICF 00906.08 • Appendix D Species Accounts • streams and have lead to the deterioration of substrate conditions for spawning and food availability. Increased water diversions by landowners have reduced summer baseflows in some areas. Expanded human populations have resulted in increased frequency of contact and higher levels of exploitation through poaching and even legal fishing activities. Climate change and particularly variation in ocean conditions may result in periods of lower productivity and reduced survival in the ocean environment for steelhead, particularly in California where they are near the southern edge of their range. Global increase in temperature threatens to alter both stream temperature and rainfall patterns with uncertain consequences. Modeled Species Distribution in Study Area • Model Assumptions Steelhead distribution in the study area was based on existing information on the potential for the species within the streams of eastern Alameda County. Model Results • Figure D-12 shows the potential habitat for steelhead in the study area and areas of current use by rainbow trout.These areas will not be connected to ocean environments until downstream barriers are removed. • • . East Alameda County Conservation Strategy • D-36 October 2010 ICE 00906.08 Appendix D Species Accounts Golden Eagle The golden eagle is considered a special-status species in California. It is protected by the federal Migratory Bird Treaty Act and the Bald and Golden Eagle protection Act. This species is also protected by California Fish and Game Code and is a Fully Protected Species by the State of California. It is considered a species of special concern by the California Department of Fish and Game. Distribution The golden eagle is predominately a western North American species ranging from northern Alaska through the western states and Great Plains to Mexico with some breeding and wintering locations in eastern North America (Kochert et al. 2002). Within California,the golden eagle is a year-round resident generally inhabiting mountainous and hilly terrain throughout the open areas of the state. Occurrences Within the Study Area Four golden eagle nest occurrences are reported in the CNDDB, at Del Valle Reservoir, San Antonio Reservoir and Mission Peak Park and Lover's Peak in Sunol Regional Park (CNDDB 2009).The four sites had nesting adults with fledglings (CNDDB 2009). In addition, a pair nests along a tributary to Tassajara Creek, on the northwest side of the Dublin Ranch Development. Ecology Golden eagles use nearly all terrestrial habitats of the western states except densely forested areas. In the interior central Coast Ranges of California, golden eagles favor open grasslands and oak savanna,with lesser numbers in oak. woodland and open shrublands (Hunt et al. 1998). Secluded cliffs with • overhanging ledges and large trees are used for nesting and cover. Preferred territory sites include those that have a favorable nest site, a dependable food supply(medium to large mammals and birds), and broad expanses of open country for foraging. Hilly or mountainous country where takeoff and soaring are supported by updrafts is generally preferred to flat habitats (Johnsgard • 1990). Deeply cut canyons rising to open mountain slopes and crags are ideal habitat (Kochert et al. 2002). Breeding densities are directly related to territorial spacing and foraging requirements for the species. Territory size has been estimated to average 124 square kilometers (sq km) in northern California (Smith and Murphy 1973) but can vary largely with habitat conditions. Mating occurs from late January through August, with peak activity in March through July. Eggs are laid from • East Alameda County Conservation Strategy D-37 October 2010 ICF 00906.08 Appendix D Species Accounts • early February to mid-May. Clutch size varies from one to four eggs, but two is the most common size (Johnsgard 1990, Hunt et al. 1995). Incubation lasts 43- 45 days (Kochert et al. 2002);and the fledging period is about 72-84 days (Johnsgard 1990). The young usually remain dependent on their parents for as long as eleven weeks afterward. Golden eagles are the top avian predator in the grassland/savanna ecosystem of the central Coast Range in California. They may directly compete with ferruginous hawks (Buteo regalis)and other smaller hawks for small mammals, and with California condors (Gymnogyps californianus)for carrion. The species is relatively common in some areas of its range. Local threats or declines do not pose a major conservation problem from a population perspective (NatureServe 2006), though local populations could be effected by high mortality rates. This species was once a common resident throughout the open areas of California; numbers are now reduced near human population centers, but in general, populations seem stable(Remsen 1978). Within West Central California, including Alameda County,the golden eagle population is apparently stable (Hunt and Hunt 2006). Threats • The primary existing threats to golden eagle survival throughout its range include loss or alteration of both foraging and nesting habitat. In California, this is due to reclamation of grasslands for agriculture, urbanization, and the elimination of annual grassland habitat. Human disturbance of nesting birds and fatalities caused by contact with infrastructure (e.g., power facilities, buildings,fences, wind turbines) also pose threats to this species. An analysis of the causes of fatalities in 61 golden eagles radio-tagged and recovered in the Diablo Range from January 1994 to December 1997 found that 37%were killed by wind turbine strikes, 16% by electrocution, and 5% by lead poisoning (Hunt et al. 1998).The remaining birds were lost due to shootings (2%), car strikes . (5%), botulism (2%),territorial fights with other eagles (5%), collision with fences (3%), fledging mishaps (10%), and other unknown factors(15%) (Hunt et al. 1998). A portion of the Altamont Pass Wind Resources Area is within the study area. As noted above wind turbines could be effected the local population of golden eagles due to high mortality rates. • East Alameda County Conservation Strategy D-38 October 2010 ICF 00906.08 Appendix D Species Accounts • • Modeled Species Distribution in the Study Area Model Assumptions Nesting habitat Traditional nesting sites as identified by researchers include secluded cliffs with overhanging ledges and large trees adjacent to suitable foraging habitat. Therefore, nesting habitat includes cliffs and large trees in oak woodland, riparian forest, and conifer woodland. Foraging habitat All land cover types (grassland, chaparral and coastal scrub, agriculture, cropland, ruderal) excluding those that have been designated as nesting habitat and any urban areas, orchards and vineyards. Model Results The suitable nesting habitat that is mapped for this species likely overestimates the potential for eagles to nest within the study area. All land cover types that • could contain large trees have been included as nesting habitat but more site- specific information will be necessary to deduce whether a particular project • might impact nesting golden eagles. The same is true for secluded cliffs that could provide nest sites. Foraging habitat is widespread in the study area and is depicted on Figure D-13. In general, golden eagles favor open grasslands and oak savanna,with fewer numbers in oak woodland and open shrublands (Hunt et al. 1998). Figure D-13 in Appendix D shows the modeled potential habitat for the golden eagle within the study area. Potential nesting habitat is found throughout most of the southern and western portion of the study area. Most of the study area contains potential foraging habitat.The four golden eagle occurrences reported in the CNDDB were included in the modeled potential habitat. • East Alameda County Conservation Strategy D-39 October 2010 ICF 00906.08 Appendix D Species Accounts • Tricolored Blackbird The tricolored blackbird is considered a special-status species in California. It is protected by the federal Migratory Bird Treaty Act and by California Fish and • Game Code. It is considered a species of special concern by the California Department of Fish and Game. • Distribution Tricolored blackbirds are endemic to the west coast of North America and primarily to California.The species' historical breeding range in California included the Sacramento and San Joaquin Valleys, lowlands of the Sierra Nevada south to Kern County,the coast region from Sonoma County to the Mexican border, and sporadically on the Modoc Plateau (Neff 1937;Grinnell and Miller 1944).Though individuals move and utilize different habitats within the region, depending on time of year, long distance migration has not been verified in this species. Tricolored blackbirds are largely endemic to California, and more than 99 percent of the global population occurs in the state (Beedy and Hamilton 1999). • In any given year, more than 75 percent of the breeding population can be found in the Central Valley (Hamilton 2000). Small breeding populations also exist at scattered sites in Oregon, Washington, Nevada, and the western coast of Baja California (Beedy and Hamilton 1999). Tricolored blackbirds are considered "itinerant breeders" (i.e., nomadic breeders) where individuals or colonies can breed in different regions within the same year(Hamilton 1998, Hamilton 2004). Breeding colonies of tricolored blackbirds often go unreported because of their similar appearance to the common red-winged blackbird (Agelaius phoeniceus). • Occurrences in the Study Area Six tri-colored blackbird occurrences are-listed in the CNDDB, at the following locations: Sunol Valley(approximately 1200 in 1971, 150 in 1994);along Altamont Pass Road, east of Dyer Road 45 adults observed nesting in 1992); east of Pleasanton (16 pair in 1980; Kaiser gravel pit);Arroyo del Valle, south west of Livermore(1974; possibly extirpated); Isabel gravel pits (1994); and a colony adjacent to California aqueduct, south end of Bethany Reservoir in 2003 (CNDDB 2009). In 2005 there were three nesting colonies within the study area: Broadmoor pond (200 birds); northwest of Altamont Pass and Dyer Road (30 birds); and southwest of Altamont Pass and Dyer roads (25 birds) (Hamilton and Meese • 2006). East Alameda County Conservation Strategy D-40 October 2010 ICF 00906.08 Appendix D Species Accounts Results of a 2008 census reported only one active colony in Alameda county, at Ames and Dolan roads near Livermore (April 27 2008, 27 nesting pairs) (Kelsey 2008).There were no nesting tricolored blackbirds at the following historic colony sites: Altamont Creek, Broadmoor Pond, Dagnino Road, Dyer Road, Laughlin Road, North Flynn Road,Vallecitos Lane (Kelsey 2008). Ecology Tricolored blackbirds have three basic requirements for selecting their breeding colony sites: open, accessible water; a protected nesting substrate, including either flooded,thorny, or spiny vegetation; and a suitable foraging space providing adequate insect prey within a few miles of the nesting colony (Hamilton et al. 1995; Beedy and Hamilton 1997, 1999). Almost 93 percent of the 252 breeding colonies reported by Neff(1937) were in freshwater marshes dominated by cattails and bulrushes (Schoenoplectus spp.). The remaining colonies in Neff's study were in willows (Solix spp.), blackberries (Rubus spp.), thistles (Cirsium and Centourea spp.), or nettles (Urtica spp.). An increasing percentage of tricolored blackbird colonies in the 1980s and 1990s were reported in Himalayan blackberries (Rubus discolor) (Cook 1996), and some of the largest recent colonies have been in silage and grain fields (Hamilton et al. 1995, Beedy and Hamilton 1997, Hamilton 2000). Other • substrates where tricolored blackbirds have been observed nesting include giant cane (Arundo donax),safflower(Corthamus tinctorius) (DeHaven et al. 1975), tamarisk trees (Tamarix spp.), elderberry/poison oak(Sambucus spp. and Toxicodendron diversilobum), and riparian scrublands and forests (e.g.,Salix, Populus, Fraxinus) (Beedy and Hamilton 1999). Ideal foraging conditions for tricolored blackbirds are created when shallow flood-irrigation, mowing, or grazing keeps the vegetation at an optimal height (<15 cm) (Tricolored Blackbird Working Group 2007). Preferred foraging habitats include agricultural crops such as rice, alfalfa, irrigated pastures, and ripening or cut grain fields (e.g., oats wheat, silage, and rice), as well as annual grasslands, cattle feedlots, and dairies. Tricolors also forage in remnant native habitats, including wet and dry vernal pools and other seasonal wetlands, riparian scrub habitats, and open marsh borders (Information Center for the Environment 2007). As many as 20,000 or 30,000 tricolored blackbird nests have been recorded in cattail marshes of 4 hectares (9 acres) or less (Neff 1937; DeHaven et al. 1975), and individual nests may be built less than 0.5 meter(1.5 feet) apart (Neff 1937). Tricolored blackbird's colonial breeding system may have adapted to exploit a rapidly changing environment where the locations of secure nesting habitat and rich insect food supplies were ephemeral and likely to change each year (Orians 1961a; Orians and Collier 1963; Collier 1968; Payne 1969). During the breeding season,tricolored blackbirds exhibit itinerant breeding, commonly moving to different breeding sites each season (Hamilton 1998). In the East Alameda County Conservation Strategy D-41 October 2010 ICF 00906.08 Appendix D Species Accounts • northern Central Valley and northeastern California, individuals move after their • first nesting attempts, whether successful or unsuccessful (Beedy and Hamilton 1997). Banding studies indicate that significant movement into the Sacramento Valley occurs during the post-breeding period (DeHaven et al. 1975). • Wintering populations shift extensively within their breeding range in California (Beed •and Hamilton 1999). Concentrations of more than 15,000 wintering tricolored blackbirds may gather at one location and disperse up to 32 kilometers (20 miles)to forage (Neff 1937; Beedy and Hamilton 1999). Local, regional, and statewide tricolored blackbird populations have experienced major declines since 1994. Threats The greatest threats to this species are the direct loss and alteration of habitat; however, other human activities, as well as predation, also threaten tricolored blackbird populations in the Central Valley(Beedy and Hamilton 1999). Most native habitats that once supported nesting and foraging tricolored blackbirds have been altered by urbanization and unsuitable agricultural uses, including vineyards, orchards, and row crops (Hamilton et al. 1995; Beedy and Hamilton 1997). Many former agricultural areas within the historical range of tricolored • blackbirds are now being urbanized. Nests and nest contents in cereal crops and silage are often destroyed by agricultural operations (Hamilton et al. 1995; Beedy and Hamilton 1997). Harvesting of silage and plowing of weedy fields are currently the most common reasons that tricolored blackbird nesting colonies • are destroyed in agricultural areas. Typically tricolored blackbirds have not completed their nesting cycle when fields are plowed, creating a situations where birds are attracted to an area to breeding, because there is ample foraging opportunities, but then nests are destroyed as a result of the agricultural operations. California Audubon Society has worked with local land owners to delay plowing until tricolored blackbirds have completed their nesting cycle and moved out of the area. Financial incentives have been offered to land. owners to offset the cost of a delayed harvest. Other factors that may affect the nesting success of colonies in agricultural areas include herbicide and pesticide applications, and spraying ponds for mosquito abatement (Beedy and Hamilton 1999). A primary reason for limited nesting success in agricultural areas (particularly in rice fields) is predation of fledgling by black-crowned night herons (Nycticorax nycticorax) (Hamilton 2004). • East Alameda County Conservation Strategy D-42 October 2010 ICF 00906.08 Appendix D Species Accounts • Modeled Species Distribution in the Study Area Model Assumptions More recent colonies have been observed in a diversity of upland and agricultural areas (Collier 1968, Cook 1996, Hamilton 2004), riparian scrublands and woodlands (Orians 1961, Hamilton et al. 1995, Beedy and Hamilton 1999). Small breeding colonies have been documented at public and private lakes, reservoirs, and parks surrounded by shopping centers, subdivisions, and other urban development. Adults from these colonies generally forage in nearby undeveloped upland areas. Beedy and Hamilton (1999) predict that these small, urban wetlands and upland foraging habitats may continue to accommodate tricolored blackbirds in the future unless they are eliminated entirely by development. High-quality foraging areas include irrigated pastures, lightly grazed grasslands, dry seasonal pools, mowed alfalfa fields feedlots, and dairies (Beedy and Hamilton 1999)'. Lower quality foraging habitats include cultivated row crops, orchards, vineyards, and heavily grazed rangelands. Breeding habitat . Habitats suitable for breeding and foraging during the breeding season were modeled using freshwater marsh and ponds within grassland, oak woodland, riparian, agriculture, and golf course land cover types. In addition to CNDDB occurrences, historic colony locations were added to the figure (Online wesbsite: tricolor.ice.ucdavis.edu/node/2520, Accessed 03/25/09 (Appendix D)). Year-round foraging habitat Areas that provide suitable foraging and wintering habitats include seasonal wetlands, all grasslands, riparian, agricultural, golf courses, and rural-residential land cover types (Appendix D). • Model Results Figure D-14 in Appendix D shows the modeled potential habitat for the tricolored blackbird within the study area. Breeding habitat is limited within the study area and it should be noted that by including all riparian areas the available breeding habitat is likely overestimated. Site specific conditions need to be verified to determine if these riparian areas currently provide breeding habitat. Breeding habitat will actually be limited to small ponds/wetlands that occur in slow water portions of these riparian corridors. Foraging habitat is prevalent throughout the area. Many historic colony sites and CNDDB occurrences are included within the modeled habitat. • East Alameda County Conservation Strategy D-43 October 2010 ICF 00906.08 • Appendix D Species Accounts • Burrowing Owl The burrowing owl is considered a special-status species in California. It is protected by the federal Migratory Bird Treaty Act and the California Fish and Game Code. It is considered a species of special concern by the California Department of Fish and Game. Distribution The burrowing owl is found throughout western North America, west of the Mississippi River and south into Mexico. In California, the range of burrowing owl extends through the lowlands south and west from north central California to Mexico, with small,scattered populations occurring in the Great Basin and the desert regions of the northeastern and southwestern part of the state, respectively (DeSante et al. 1997). They are absent from the coast north of Sonoma County and from high mountain areas such as the Sierra Nevada and the Transverse Ranges extending east from Santa Barbara County to San Bernardino County. Burrowing owls once occurred in suitable lowland habitats throughout the Bay Area (Grinnell and Miller 1944). This species utilized what was once vast open valley floors and low sloping foothills year round. Burrowing • owl populations have been greatly reduced or extirpated from most of the San Francisco Bay Area (Trulio 1997) and along the California coast to Los Angeles. Occurrences in the Study Area There are 52 known occurrences of burrowing owls in the study area (CNDDB 2009). Of those, 36 are occurrence records from within the breeding season (February 1 to August 30). All occurrences are in the northern portion of the Strategy area, in open fields, annual grassland,grazed grassland,alkali sinks and in the vicinity of business developments (CNDDB 2009) (Appendix D). Ecology Throughout their range, burrowing owls require habitats with three basic attributes: open,well-drained terrain;short, sparse vegetation; and underground burrows or burrow facsimiles (Klute et al. 2003). During the breeding season, they may also need enough permanent cover and taller vegetation within their foraging range to provide them with sufficient prey, which includes large insects and small mammals (Wellicome 1997). Burrowing owls occupy grasslands, deserts,sagebrush scrub,agricultural areas (including pastures and untilled margins of cropland), earthen levees and berms, coastal uplands, and urban vacant lots, as well as the margins of airports,golf courses, and roads. • East Alameda County Conservation Strategy D-44 October 2010 ICF 00906.08 Appendix D Species Accounts • Burrowing owls typically select sites that support short vegetation, even bare soil, presumably because they can easily see over it. However, they will tolerate tall vegetation if it is sparse. Owls will perch on raised burrow mounds or other topographic relief such as rocks, tall plants, fence posts, and debris piles to attain good visibility(Haug et al. 1993). This opportunistic feeder will consume arthropods, small mammals, birds, amphibians, and reptiles (Haug et al. 1993). Insects are often taken during the day, while small mammals are taken at night. In California, crickets and meadow voles were found to be the most common food items (Thomsen 1971). Nocturnal foraging can occur up to several kilometers away from the burrow (Haug et al. 1993). In urban areas, burrowing owls are often attracted to streetlights, where insect prey congregates. Western burrowing owls most commonly live in burrows created by California ground squirrels (Spermophilis beecheyi). Burrowing owls may compete incidentally with other predators such as coyotes, other owls and hawks, skunks, weasels, and badgers for rodents and a variety of insects (Rosenberg et al. 1998). little information exists on the migration routes,timing of migration, and wintering areas, especially for the California population (DeSante et al. 1997). Threats • • The most immediate threats to the burrowing owl are the conversion of grassland habitat to urban and some agricultural uses (vineyards, orchards, and some row crops) and the loss of more suitable agricultural lands to development. Equally important is the loss of fossorial rodents, such as ground squirrels across much of the owl's historical habitat. Eradication programs have decimated populations of these rodents over time and have in turn disrupted the ecological relationships on which owls depend; because western burrowing owls typically need other animals to dig their burrows,the loss of fossorial • rodents limits the extent of year-round owl habitat throughout their range (Haug et al. 1993). Modeled Species Distribution in Study Area • Model Assumptions Breeding and Overwinteririg Habitat All annual grassland, serpentine bunchgrass grassland, and ruderal land cover types; and valley oak woodland, and blue oak woodland land cover types within 300 m of grassland were considered potential overwintering habitat, in areas • where the slope was 0 to 25%. • East Alameda County Conservation Strategy D-45 October 2010 ICF 00906.08 • Appendix D Species Accounts • Model Results Figure D-15 in Appendix D shows the modeled potential habitat for the western burrowing owl within the study area. Suitable habitat is spread widely throughout the northern portion of the area. Some suitable habitat in developed areas may not show up in the output because it cannot be distinguished at this mapping resolution. These are typically small vacant lots or the margins of other land cover types. Most known occurrences fall within modeled habitat, but the range of the suitable habitat is large, and many areas that the model indicates as suitable have no owl occurrences. In all cases site specific conditions will dictate whether burrowing owls could be present. Protocol level nesting surveys are recommended to determine if burrowing owls are breeding on a site and how many owls the site supports. Other parameters that the model was not able to capture may be driving burrowing owl occurrence such as prey abundance. • _ • • East Alameda County Conservation Strategy D-46 October 2010 ICF 00906.08 Appendix D Species Accounts • American Badger The American badger is considered a special-status species in California. It is • considered a species of special concern by the California Department of Fish and Game. Distribution In North America, American badgers occur as far north as Alberta, Canada and as far south as central Mexico. Their distribution through the United States is expanding and presently extends from the Pacific Coast eastward to Texas, Oklahoma, Missouri, Illinois, Indiana, and Ohio (Long 1972, Williams 1986). The American badger has a broad altitudinal range,from below sea level at Death Valley up to 12,000 feet (3,660 meters) at the Arctic-Alpine Life Zone (Long 1972). In California, American badgers occur throughout the state except in humid coastal forests of northwestern California in Del Norte and Humboldt Counties (Williams 1986). The American badger has been decreasing in numbers throughout California over the last century (Williams 1986). A distribution study for American badgers in California conducted through the 1970's and 1980's determined that there • was no change in the overall range of this species since early in the century (Larson 1987). However, changes in the abundance of badgers in California could not be accurately determined by this study (Larson 1987). Occurrences Within the Study Area The eleven American badger occurrences listed in the CNDDB, were in the northern half of the study area (CNDDB 2009). Badgers occurred on short grass and dry pasture and some scrub habitat near Del Valle Reservoir and on Lawrence Livermore Laboratories and Department of Defense property (CNDDB 2009). One adult near a burrow and a female with two juveniles were observed at the DOD site (CNDDB 2009). One vehicle mortality was located on Kelso Road (CNDDB 2009). Ecology American badgers occur in a wide variety of open, arid habitats but are most commonly associated with grasslands, savannas, mountain meadows, and open areas of desert scrub (Stephenson and Calcarone 1999). The principal habitat requirements for this species appear to be sufficient food (burrowing rodents), friable soils, and relatively open, uncultivated ground (Williams 1986). American badgers are primarily found in areas of low to moderate slope (Stephenson and Calcarone 1999). Burrows are used for denning, escape, and predation on • East Alameda County Conservation Strategy D-47 October 2010 ICF 00906.08 • Appendix D Species Accounts • • burrowing rodents (Long 1973). A recent study in the Bay Area documented the use suburban areas as movement corridors between larger patches of grassland (T. Diamond, pers. comm.). • • Young are born in burrows dug in relatively dry, often sandy, soil, usually in areas with sparse overstory. American badgers mate in summer and early autumn and young are born in March and early April (Long 1973). Juveniles may leave their natal grounds at 3—4 months of age, disperse up to 110 km, and use disturbed habitats and agricultural areas (Messick and Hornocker 1981). Badgers are solitary animals, but they are not known to defend an exclusive territory(Long 1999). Typical population density is about 5 animals per square kilometer (Shefferly 1999). Although home range size varies according to geographic area, distribution of food resources, and season,the general range of this species is 395 acres—2,100 acres (137—850 hectares) (Lindzay 1978, Messick and Hornocker 1981, Sargeant and Warner 1972). Males occupy larger home ranges than females (2.4 versus 1.6 square kilometers). American badgers are mostly nocturnal but also forage and disperse during the daytime (Lindzay 1978, Messick and Hornocker 1981). This species is active year round, except at high elevations and latitudes,where they become torpid during the winter. At lower elevations, the American badger in the winter . • exhibits reduced surface activity (Long 1973). American badgers are carnivorous and are relatively opportunistic predators, feeding on a number of rodent species such as mice, chipmunks,ground squirrels, gophers, rabbits, and kangaroo rats (Zeiner et al. 1990). They will also eat reptiles, insects, birds and their eggs, and carrion (Williams 1986, Zeiner et al. 1990).The American badger is a ferocious fighter(Long 1973) and has very few predators. Predators include coyotes, golden eagles, mountain lions, bears and gray wolves throughout its range (Long 1973; Shefferly 1999). Threats Common threats to the American badger include habitat conversion to urban and agricultural uses, shooting and trapping, poisoning, automobile fatalities, and reduction of prey base from rodent control activities (Williams 1986). In the west, infill of formerly open woodlands and encroachment of forests into grassland as a result of effective fire suppression has eliminated or degraded much badger habitat (Natureserve 2009). Some populations are estimated to be up to 80%yearlings or young of the year, suggesting high mortality rates (Long 1999). Badgers may be attracted to roads, both because ground squirrels often burrow alongside them, and because they are good travel routes (T. Diamond, pers. comm.). • East Alameda County Conservation Strategy D-48 October 2010 ICF 00906.08 Appendix D Species Accounts • Modeled Species Distribution in Study Area Model Assumptions • Denning and Movement All grassland, alkali meadows/scalds, valley oak woodland, developed agriculture, cropland, ruderal and rural residential land cover types were considered suitable denning and foraging habitat for this species. Habitat patches smaller than 85 acres were not considered suitable habitat. Model Results Figure D-16 in Appendix D shows the modeled potential habitat of the American badger within the Conservation Strategy area. Potential habitat encompasses a large portion of the area. All occurrences, except one at Del Valle Reservoir, are in the northern portion of the study area.The least fragmented modeled habitat is in the northern portion of the study area. Since there are so few documented occurrences of the kit fox from within the study area it is difficult to state what the accuracy of the model is relative to actual presence of the species. • • • East Alameda County Conservation Strategy D-49 October 2010 ICE 00906.08 • • • Appendix D Species Accounts • San Joaquin Kit Fox Distribution The San Joaquin kit fox is federally and state listed as endangered. San Joaquin foxes occur in some areas of suitable habitat on the floor of the San Joaquin Valley and in the surrounding foothills of the Coast Ranges, Sierra Nevada, and Tehachapi Mountains from Kern County north to Contra Costa,Alameda, and San Joaquin Counties (U.S. Fish and Wildlife Service 1998). There are known occurrences in Alameda, Contra Costa, Fresno, Kern, Kings, Madera, Merced, Monterey, San Benito,San Joaquin, San Luis Obispo, Santa Barbara, Santa Clara, Stanislaus, and Tulare Counties (California Natural Diversity Database 2008). The largest extant populations of kit fox are in Kern County (Elk Hills and Buena Vista Valley)and San Luis Obispo County in the Carrizo Plain Natural Area (U.S. Fish and Wildlife Service 1998). Although the precise historical range of San Joaquin kit fox is unknown, it is believed to have extended from Contra Costa and San Joaquin Counties in the north to Kern County in the south.Surveys conducted between 1969 and 1975 extended the known range of the kit fox back into portions of its historical range • in the northern San Joaquin Valley, including Contra Costa, Alameda, and San Joaquin Counties (Orloff et al. 1986). At this time, kit foxes were also found in three counties outside the originally defined historical range: Monterey, Santa Clara, and Santa Barbara counties (Orloff et al. 1986). Occurrence in the Conservation Strategy Area The 15 San Joaquin kit fox occurrences were in the northern half of the study area, in grazed grassland, pasture, annual grassland and alkali sink scrub (California Natural Diversity Database 2009). They were located at Bethany Reservoir, Livermore Area RPD, on private lands and SFPUC land (CNDDB 2009). Ecology San Joaquin kit foxes occur in a variety of habitats, including grasslands, scrublands,vernal pool areas, alkali meadows and playas, and an agricultural matrix of row crops, irrigated pastures, orchards, vineyards, and grazed annual grasslands (U.S. Fish and Wildlife Service 1998). They prefer habitats with loose- textured soils(Egoscue 1962)that are suitable for digging,but they occur on virtually every soil type. Dens are generally located in open areas with grass or grass and scattered brush, and seldom occur in areas with thick brush. Preferred sites are relatively flat,well-drained terrain (U.S. Fish and Wildlife Service 1998, Roderick and Mathews 1999). They are seldom found in areas • with shallow soils due to high water tables or impenetrable bedrock or hardpan East Alameda County Conservation Strategy D-50 October 2010 ICF 00906.08 Appendix D Species Accounts • layers (U.S. Fish and Wildlife Service 1998). However, kit foxes may occupy soils with a high clay content where they can modify burrow dug by other animals, such as California ground squirrels (Spermophilus beecheyi) (Orloff et al. 1986). In the northern part of its range (including San Joaquin, Alameda, and Contra Costa Counties)where most habitat on the valley floor has been eliminated, kit foxes now occur primarily in foothill grasslands (Swick 173, U.S. Fish and Wildlife Service 1998), valley oak savanna, and alkali grasslands (Bell 1994). Retaining a linkage between San Joaquin kit fox populations in western Merced County north into San Joaquin,Alameda, and Contra Costa Counties is an important recovery goal for this species(U.S. Fish and Wildlife Service 1998). Less frequently,foxes will den within small parcels of native habitat that are surrounded by intensively maintained agricultural lands and adjacent to dryland farms (Orloff et al. 1986, U.S. Fish and Wildlife Service 1998), and forage in tilled and fallow fields and irrigated row crops (Bell 1994). Kit foxes may range up to 20 miles at night during the breeding season and somewhat less (6 miles) during the pup-rearing season (Girard 2001). The species can readily navigate a matrix of land use types. Home ranges vary from less than one square mile up to approximately 12 square miles (Spiegel and Bradbury 1992, White and Rails 1993). The home ranges of pairs or family groups of kit foxes generally do not overlap (White and Rails 1993). San Joaquin kit foxes prey upon a variety of small mammals, ground-nesting • birds, and insects. They are in turn subject to predation by such species as coyote, non-native red foxes, domestic dog, eagles, and large hawks (Rails and White 1995, U.S. Fish and Wildlife Service 1998). Threats Continued fragmentation of habitat is a serious threat to this species. Increasing isolation of populations through habitat degradation and barriers to movement, such as aqueducts and busy highways, can limit dispersal to and occupancy of existing and former lands. The threat of being struck by vehicles is high, particularly for dispersing individuals, crossing roadways with median barriers. Livestock grazing is not thought to be necessarily detrimental to the kit fox(Morrell 1975, Orloff et al. 1986), but it may affect the number of prey species available, depending on the intensity of grazing (U.S. Fish and Wildlife Service 1998). Moderate grazing is thought to benefit the species because it can potentially enhance the prey base and reduce vegetation to allow kit fox to more easily detect and avoid predators. The use of pesticides to control rodents and other pests also threatens kit fox in some areas, either directly through poisoning or indirectly through reduction of prey abundance. • East Alameda County Conservation Strategy D-51 October 2010 ICF 00906.08 Appendix D Species Accounts • Modeled Species Distribution in Study Area Model Assumptions Core Habitat—Denning and Movement All grassland land cover types and all oak woodlands within 500 feet from grasslands were considered suitable denning and foraging habitat for this species. Urban and suburban land cover types, and the area within the • boundary created by Highways 580, 680 and 84 were excluded, as well as any areas within 200 m of highways (Gerrard et al. 2001). Small fragments of habitat that were disconnected from contiguous habitat blocks were removed from the results to better represent actual movement potential for the species in a connected landscape. Additional modeling was conducted to determine the most likely routes that could be used by San Joaquin kit fox in the northeastern corner of the study area.This analysis took into account the importance of land cover,topography, and barriers created by roadways and canals on the movement tendencies of the species.The intent was to determine how individuals could move through the study area between the northernmost extent of their range in Contra Costa County to areas in southern San Joaquin County, on the eastern side of the • study area. The methodology is discussed below under wildlife linkages and the results are shown if Figure D-17. Low Quality Movement Habitat • Areas that the San Joaquin kit fox may use occasionally for movement include developed agriculture, cropland, ruderal,and ruderal-residential land cover types within one mile of core habitat. These were intended to represent areas that individuals might pass through while moving between other more suitable habitat types. Model Results Figure D-17 in Appendix D shows the modeled potential habitat of the San Joaquin kit fox within the study area. Potential core habitat encompasses a large portion of the area, but all occurrences are in the northern portion. Very little habitat is within the low quality movement habitat. Since there are so few documented occurrences of the kit fox from within the study area it is difficult to state what the accuracy of the model is relative to actual presence of the species. • East Alameda County Conservation Strategy • D-52 October 2010 ICF 00906.08 0 k 4,-g' Cl) � y ^ti? o y 0 � o 0 -5 Co a) U - m a L • . 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C 0. e` '� T U -.l• L O 6 VJ �, _ O 01 j ,^ N F Z o v o W ^ ca a U < % ^ L L m K W L R j 'D 17 O v ,- C 0 E-' - o • cOc CCD — E .C.. 0 p O Lil O O v A F� ,_ E Toe- Q F .-1 U rvc 3 a` O E E+ Z w • Appendix F Conservation Easement Toolkit • • • Example Conservation Easement Template • • PLEASE NOTE: The following Conservation Easement Deed is provided by the multi-agency Project Delivery Team as a standardized template document for Mitigation and Conservation Banks in California. Any modifications to this template shall be identified using tracked changes or other electronic comparison and explained in a memorandum. (Template Version Date: July 2009) RECORDING REQUESTED BY AND -WHEN RECORDED MAIL TO: [Fill in Grantee Name/Address] Grantee Name Grantee Address City, State ZIP Attn: Space Above Line for Recorder's Use Only CONSERVATION EASEMENT DEED [Insert Bank Name] • THIS CONSERVATION EASEMENT DEED ("Conservation Easement") is made as of the day of , 20 , by [insert fill legal name(s) of Grantor: ] ("Grantor"), in favor of[insert Grantee's full legal name: ] [i[CDFG is Grantee insert: the State of California] ("Grantee"), with reference to the following facts: RECITALS A. Grantor is the sole owner in fee simple of certain real property containing approximately acres, located in the City of[insert City name], County of[insert County name], State of California, and designated Assessor's Parcel Number(s) [insert Assessor's Parcel Number(s)] (the "Bank Property"). The Bank Property is legally described and depicted in Exhibit A attached to this Conservation Easement and incorporated in it by this reference. B. The Bank Property possesses wildlife and habitat values of great importance to Grantee, the people of the State of California and the people of the United States. The Bank Property will provide high quality natural, restored and/or enhanced habitat for [specify listed and sensitive plant and/or animal species] and contain [list habitats; native and/or non-native], [include the following phrase only if there are jurisdictional wetlands: and restored, created, enhanced and/or preserved jurisdictional waters of the United States]. Individually and collectively, these wildlife and habitat values comprise the"Conservation Values" of the Bank Property. CA Ci;Template Version July 13,2009 C. The California Department of Fish and Game ("CDFG") has jurisdiction over the • conservation, protection, and management of fish, wildlife, native plants and the habitat • necessary for biologically sustainable populations of these species pursuant to California Fish and Game Code Section 1802. CDFG is authorized to hold easements for these purposes pursuant to California Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. D. The United States Fish and Wildlife Service (the "USFWS"), an agency within the United States Department of the Interior, has jurisdiction over the conservation, protection, restoration and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of these species within the United States pursuant to the federal Endangered Species Act, 16 U.S.C. Section 1531, et seq., the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C. • Section 742(f), et seq., and other provisions of federal law. E. [Remove/modif, this recital as appropriate when USEPA or USAGE is not a signatory to the BEI or CBEI]. The U.S. Environmental Protection Agency ("USEPA") and U.S. Army Corps of Engineers ("USACE") have jurisdiction over waters of the United States pursuant to the federal Clean Water Act, 33 U.S.C. Section 1251, et seq. F. [Use this version of Recital F when qualified nonprofit organization is Grantee]. Grantee is authorized to hold this conservation easement pursuant to California Civil Code Section 815.3 and Government Code Section 65965. Specifically, Grantee is (i) a tax- exempt nonprofit organization qualified under section 501(c) (3) of the Internal Revenue Code of • 1986, as amended, and qualified to do business in California; (ii) a "qualified organization" as defined in section 170th) (3) of the Internal Revenue Code; and (iii) an organization which has as its primary and principal purpose and activity the protection and preservation of natural lands or resources in its natural, scenic, agricultural, forested, or open space condition or use. [Use this version of Recital F when governmental entity is Grantee]. Grantee is authorized to hold this conservation easement pursuant to California Civil Code Section 815.3. • Specifically, Grantee is a governmental entity identified in Civil Code Section 815.3 (b) and otherwise authorized to acquire and hold title to real property. G. [Modify this recital as appropriate when CDFG, USFWS, USEPA or USACE is not a signatory to the BEI or CBEL] This Conservation Easement is granted pursuant to the [insert the appropriate term: Mitigation Bank Enabling Instrument(the "BEI") or Conservation Bank Enabling Instrument(the "CBEI")], by.and between [insert Bank Sponsor nanre(s)], [insert Bank Property Owner name(s)], and [insert Region name] CDFG, CDFG Tracking No. [insert number], the [insert Field Office name] of the USFWS, USFWS File No. [insert number], the [insert District name] District of USACE, USACE File No. [insert number], and Region IX of the USEPA, entered into concurrently with this Conservation Easement, and the Bank Development Plan (the "Development Plan"), and the Interim Management Plan and Long- Term Management Plan (as applicable, the"Management Plan") created under the [insert: BEI or CBEI]. [Remove reference to any agency that is not a party to the BEI or CBEI] CDFG, USFWS, USACE, and USEPA are together referred to in this Conservation Easement as the "Signatory Agencies". • 2 CA CE Template Version July 18,2009 • A final, approved copy of the [insert: BEI or CBEI], the Development Plan and the Management Plan, and any amendments thereto approved by the Signatory Agencies, shall be kept on file at the respective offices of the Signatory Agencies. If Grantor, or any successor or assign, requires an official copy of the [insert: BEI or CBEI], the Development Plan or the Management Plan, it should request a copy from one of the Signatory Agencies at its address for notices listed in Section 12 of this Conservation Easement. The [insert: BEI or CBEI], the Development Plan and the Management Plan are incorporated by this reference into this Conservation Easement as if fully set forth herein. H. All section numbers referred to in this Conservation Easement are references to sections within this Conservation Easement, unless otherwise indicated. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to the laws of the United States and the State of California, including California Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Bank Property: I. Purposes. The purposes of this Conservation Easement are to ensure that the Bank Property will be retained forever in its natural, restored, or enhanced condition as contemplated by the • [insert: BEI or CBEI], the Development Plan, and the Management Plan, and to prevent any use of the Bank Property that will impair or interfere with the Conservation Values of the Bank Property. Grantor intends that this Conservation Easement will confine the use of the Bank Property to activities that are consistent with such purposes, including, without limitation, those involving the preservation, restoration and enhancement of native species and their habitats implemented in accordance with the [insert: BEI or CBEI], the Development Plan and the Management Plan. 2. Grantee's Rights. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee: (a) To preserve and protect the Conservation Values of the Bank Property. (b) To enter the Bank Property at reasonable times, in order to monitor compliance with and otherwise enforce the terms of this Conservation Easement, the [insert: BEI or CBEI], the Development Plan and the Management Plan and to implement at Grantee's sole discretion Development Plan and Management Plan activities that have not been implemented, provided that Grantee shall not unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Bank Property. (c) To prevent any activity on or use of the Bank Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Bank Property that may be damaged by any act, failure to act, or any use or • activity that is inconsistent with the purposes of this Conservation Easement. 3 CA CE Template Version July 18. 2009 • (d) To require that all mineral,air and water rights as Grantee deems necessary to preserve and protect the biological resources and Conservation Values of'the Bank Property shall remain a part of and be put to beneficial use upon the Bank Property, consistent with the purposes of this Conservation Easement. (e) All present and future development rights appurtenant to, allocated, implied, reserved or inherent in the Bank Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Bank Property, nor any other property adjacent or otherwise. 3. Prohibited Uses. Any activity on or use of the Bank Property that is inconsistent with the purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Grantor, Grantor's agents, and third parties are expressly prohibited: (a) Unseasonable watering; use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals; weed abatement activities; incompatible fire protection activities; and any and all other activities and uses which may impair or interfere with the purposes of this Conservation Easement [include the following language only lithe Development Plan or Management Plan, including any adaptive management measures, specifies such an exception:], except for [insert specific exception(s)] as specifically provided in the [specify: Development Plan or Management Plan]. (b) Use of off-road vehicles and use of any other motorized vehicles except on • existing roadways [include the fallowing language only if the Development Plan or Management Plan, including any adaptive management measures, specifies such an exception:], except for [insert specific exception(s)] as specifically provided in the [specify: Development Plan or Management Plan]. (c) Agricultural activity of any kind [include the fidlowing language only if the Development Plan or Management Plan, including any adaptive management measures, specifies such an exception:] except grazing for vegetation management as specifically provided in the [specify: Development Plan or Management Plan]. (d) Recreational activities, including, but not limited to, horseback riding, biking, hunting or fishing except for personal, non-commercial, recreational activities of the Grantor, so long as such activities are consistent with the purposes of this Conservation Easement and specifically provided for in the Management Plan. (e) Commercial, industrial, residential, or institutional uses. (t) Any legal or de facto division, subdivision or partitioning of the Bank Property. (g) Construction, reconstruction, erecting or placement of any building, billboard or sign, or any other structure or improvement of any kind [include the following language only if the Development Plan or Management Plan specifies such an exception:], 4 CA CE Template Version July 18.2009 • • except for [insert specific exception(s)] as specifically provided in the [specify: Development Plan or Management Plan]. (h) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials. (i) Planting, introduction or dispersal of non-native or exotic plant or animal species. (i) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extracting minerals, loam, soil, sand, gravel, rock or other material on or below the surface of the Bank Property, or granting or authorizing surface entry for any of these purposes. (k) Altering the surface or general topography of the Bank Property, including but not limited to any alterations to habitat, building roads or trails, paving or otherwise covering the Bank Property with concrete, asphalt or any other impervious material except for those habitat management activities specified in the Development Plan or Management Plan. (I) Removing, destroying,or cutting of trees, shrubs or other vegetation, except as required by law for (i) fire breaks, (ii) maintenance of existing foot trails or roads, or (iii) prevention or treatment of disease [include the following language only if the Development Plan or Management Plan specifies such an exception:]; and except for [insert.specifc exception(s)] as specifically provided in the [specify: Development Plan or Management Plan]. On) Manipulating, impounding or altering any natural water course, body of water or water circulation on the Bank Property, and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters [include the following language only if the Development Plan or Management Plan specifies such an exception:], except for [insert specific exception(s)] as specifically provided in the [specify: Development Plan or Management Plan]. (n) Without the prior written consent of Grantee, which Grantee may withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral, air or water rights for the Bank Property; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Bank Property, including but not limited to: (i) riparian water rights; (ii) appropriative water rights; (iii) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Bank Property; and (iv) any water from wells that are in existence or may be constructed in the future on the Bank Property. (o) Engaging in any use or activity that may violate, or may fail to comply with, relevant federal, state,or local laws, regulations, or policies applicable to Grantor, the Bank Property, or the use or activity in question. • 4. Grantee's Duties. 5 CA CE Template Version July I8,2009 (a) To ensure that the purposes of this Conservation Easement as described in Section I are being accomplished, Grantee and its successors and assigns shall: (I) Perform, at a minimum on an annual basis, compliance monitoring inspections of the Bank Property; and (2) Prepare reports on the results of the compliance monitoring inspections, and provide these reports to the Signatory Agencies on an annual basis. (b) In the event that the Grantee's interest in this easement is held by, reverts to, or is transferred to the State of California, Section 4(a) shall not apply. 5. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Bank Property or that are otherwise inconsistent with this Conservation Easement. In addition, Grantor shall undertake all necessary actions to perfect and defend Grantee's rights under Section 2 of this Conservation Easement, and to observe and carry out the obligations of Grantor.under the [insert: BEI or CBEI], the Development Plan and the Management Plan. 6. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from Grantor's ownership of the Bank Property, including the right to engage in or permit or invite others to engage in all uses of the Bank Property that are not prohibited or limited by, and are consistent with the purposes of, this Conservation Easement. 7. Grantee's Remedies. If Grantee determines that a violation of this Conservation Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation ("Notice of Violation`). If Grantor fails to cure the violation within thirty (30) days after receipt of a Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30)- day period or fails to continue diligently to complete the cure. Grantee may bring an action at law or in equity in a court of competent jurisdiction for any or all of the following: to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to the Conservation Values of the Bank Property; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any other legal or equitable relief, including but not limited to, the restoration of the Bank Property to the condition in which it existed prior to any violation or injury; or to otherwise enforce this Conservation Easement. Without limiting the liability of Grantor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Bank Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate injury to the Conservation Values of the Bank Property, Grantee may pursue its remedies under this Conservation Easement without prior notice to Grantor or • 6 CA CE Template Version July 18.2009 • • without waiting for the period provided for cure to expire. Grantee's rights under this section apply equally to actual or threatened violations of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief • described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to • the remedies set forth in California Civil Code Section 815, et seq. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time. (a) Costs of Enforcement. All costs incurred by Grantee, where Grantee is the prevailing party, in enforcing the terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' and experts'fees, and any costs of restoration necessitated by negligence or breach of this Conservation Easement, shall be borne by Grantor. (b) Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this • Conservation Easement in the event of any breach of any term of this Conservation Easement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any rights of Grantee under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. (c) Acts Beyond Grantor's Control. • Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Bank Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Bank Property resulting from such causes; or(ii) acts by Grantee or its employees. (d) Enforcement: Standing. All rights and remedies conveyed to Grantee under this Conservation Easement shall extend to and are enforceable by [insert if State of California is Grantee: CDFG and] the Third-Party Beneficiaries (as defined in Section 14(m)). These enforcement rights are in addition to, and do not limit, the rights of enforcement under the [insert: BEl or CBEI], the Development Plan or the Management Plan. If at any time in the future Grantor uses, allows the use, or threatens to use or allow use of, the Bank Property for any purpose that is inconsistent with or in violation of this Conservation Easement then, despite the provisions of California Civil Code Section 815.7, the California Attorney General and the Third-Party Beneficiaries • each has standing as an interested party in any proceeding affecting this Conservation Easement. 7 CA CE Template Version July 18,2009 (e) Notice of Conflict. • If Grantor receives a Notice of Violation from Grantee or a Third-Party Beneficiary with which it is impossible for Grantor to comply consistent with any prior uncured Notice(s) of Violation, Grantor shall give written notice of the conflict(hereinafter "Notice of Conflict") to the Grantee and Third-Party Beneficiaries. In order to be a valid, a Notice of Conflict shall be given within fifteen (15) days of the date Grantor receives a conflicting Notice of Violation, shall include copies of the conflicting Notices of Violation, and shall describe the conflict with specificity, including how the conflict makes compliance with the uncured Notice(s) of Violation impossible. Upon issuing a valid Notice of Conflict, Grantor shall not be required to comply with the conflicting Notices of Violation until such time as the entity or entities issuing said conflicting Notices of Violation issue(s) revised Notice(s) of Violation that resolve the conflict. Upon receipt of a revised Notice of Violation, Grantor shall comply with such notice within the time period(s) described in the first grammatical paragraph of this Section. The failure of Grantor to issue a valid Notice of Conflict within fifteen (15) days of receipt of a conflicting Notice of Violation shall constitute a waiver of Grantor's ability to claim a conflict. (t) [Add if nonprofit organization is Grantee] Reversion. If the Signatory Agencies determine that Grantee is not holding, monitoring or managing this Conservation Easement for conservation purposes in the manner specified in this Conservation Easement or in the [insert: BEI or CBEI], the Development Plan or the Management Plan then, pursuant to California Government Code Section 65965(c), this Conservation Easement shall revert to the State of California, or to another public agency or nonprofit organization qualified pursuant to Civil Code Section 815.3 and Government Code Section 65965 (and any successor or other provision(s) then applicable) and approved by the • Signatory Agencies. 8. Access. This Conservation Easement does not convey a general right of access to the public. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Bank Property. Grantor agrees that neither Grantee nor Third-Party Beneficiaries shall have any duty or responsibility for the operation, upkeep or maintenance of the Bank Property, the monitoring of hazardous conditions on it, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Bank Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals required for any activity or use permitted by this Conservation Easement [insert ifCDFG or another government entity is Grantee: , including permits and approvals required from Grantee acting in its regulatory capacity], and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency laws, statutes, ordinances, rules, regulations, orders and requirements. (a) Taxes:No Liens. Grantor shall pay before delinquency all taxes, assessments (general and special), fees, and charges of whatever description levied on or assessed against the Bank Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or • 8 CA CE Template Version July 18,2009 incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor shall keep the Bank Property free from any liens (other than a security interest that is expressly subordinated to this Conservation Easement, as provided in Section 14(k)), including those arising out of any obligations incurred by Grantor for any labor or materials furnished or alleged to have been furnished to or for Grantor at or for use on the Bank Property. (b) Hold Harmless. (I) Grantor shall hold harmless, protect and indemnify Grantee and its directors, officers, employees,agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "Grantee Indemnified Party" and collectively, "Grantee's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and • experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with: (i) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Bank Property, regardless of cause, except that this indemnification shall be inapplicable to any Claim due solely to the negligence of Grantee or any of its employees; (ii) the obligations specified in Sections 5, 9 and 9(a); and (iii) the existence or administration of this Conservation Easement. If any action or proceeding is brought against any of the Grantee's Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the Grantee's Indemnified Party [insert if CDFG is grantee: or reimburse Grantee for all charges incurred for services of the California Attorney General in defending the action or proceeding]. (2) Grantor shall hold harmless, protect and indemnify Third-Party Beneficiaries and their respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "Third-Party Beneficiary Indemnified Party" and collectively, "Third-Party Beneficiary Indemnified Parties")from and against any and all Claims arising from or in any way connected with: (i) injury to or the death of any person,or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Bank Property, regardless of cause and (ii) the existence or administration of this Conservation • Easement. Provided, however, that the indemnification in this Section 9 (b) (2) shall be inapplicable to a Third-Party Beneficiary Indemnified Party with respect to any Claim due solely to the negligence of that Third-Party Beneficiary Indemnified Party or any of its employees. If any action or proceeding is brought against any of the Third-Party Beneficiary Indemnified Parties by reason of any Claim to which the indemnification in this Section 9 (b) (2) applies, then at the election of and upon written notice from the Third-Party Beneficiary Indemnified Party, Grantor shall defend such action.or proceeding by counsel reasonably acceptable to the applicable Third-Party Beneficiary Indemnified Party or reimburse the Third-Party Beneficiary Indemnified Party for all charges incurred for services of the California Attorney General or the U.S. Department of Justice in defending the action or proceeding. • (c) Extinguishment. If circumstances arise in the future that render the preservation of 9 CA CE_Template Version July 18,2009 • Conservation Values, [include this phrase only if there are jurisdictional wetlands: including • wetland functions and values;] or other purposes of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. (d) Condemnation. [Use the appropriate paragraph:] [If CDFG or other state agency is Grantee:] Condemnation. This Conservation Easement is a "wildlife conservation easement" acquired by a State agency, the condemnation of which is prohibited except as provided in California Fish and Game Code Section 1348.3. [All other Grantees:] Condemnation. The purposes of this Conservation Easement are presumed to be the best and most necessary public use as defined at California Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. 10. Transfer of Conservation Easement or Bank Property. (a) Conservation Easement. This Conservation Easement may be assigned or transferred by Grantee upon written approval of the Signatory Agencies, which approval shall not be unreasonably withheld or delayed, but Grantee shall give Grantor and the Signatory Agencies at least sixty (60) days prior written notice of the proposed assignment or transfer. Grantee may assign or transfer its rights under this Conservation Easement only to an entity or organization: (i) authorized to acquire and hold conservation easements pursuant to California Civil Code Section 815.3 and Government Code Section 65965 (and any successor or other provision(s) then applicable),. or the laws of the United States; and (ii) otherwise reasonably acceptable to the Signatory Agencies. Grantee shall require the assignee to record the assignment in the county where the Bank Property is located. The failure of Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforcement in any way. Any transfer under this section is subject to the requirements of Section I I. (b) • Bank Property. Grantor agrees to incorporate the terms of this Conservation Easement by . reference in any deed or other legal instrument by which Grantor divests itself of any interest in all or any portion of the Bank Property, including, without limitation, a leasehold interest. Grantor agrees that the deed or other legal instrument shall also incorporate by reference the [insert: BEI or CBEI], the Development Plan, the Management Plan; and any amendment(s) to those documents. Grantor further agrees to give written notice to Grantee and the Signatory Agencies of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Grantee or the Signatory Agencies shall have the right to prevent any transfers in which prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement(including the exhibits and documents incorporated by reference in it). The failure of Grantor to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Any transfer under this section is subject to the requirements of Section I 1 . • 10 CA CE Template Version July 18.2009 • II. Merger. The doctrine of merger shall not operate to extinguish this Conservation Easement if the Conservation Easement and the Bank Property become vested in the same party. If, despite this intent; the doctrine of merger applies to extinguish the Conservation Easement then, unless Grantor. Grantee, and the Signatory Agencies otherwise agree in writing, a replacement conservation easement or restrictive covenant containing the same protections embodied in this Conservation Easement shall.be recorded against the Bank Property.. • 12. Notices. • Any notice, demand, request, consent, approval, or other communication that Grantor or Grantee desires or is required to give to the other shall be in writing, with a copy to each of the Signatory Agencies, and served personally or sent by recognized overnight courier that guarantees next-day delivery or by first class United States mail, postage fully prepaid, addressed as follows: To Grantor: [Grantee name] [Grantee address] Attn: To Grantee: [insert the appropriate Grantee information:] [Department of Fish and Game] • [Region name] Region [REGION ADDRESS] [Attn: Regional Manager] OR [Grantee name] [Grantee address] [Retnove/modify the following blocks as appropriate when CDFG or the USFLVS are not signatories to the BE!or CBEI or third-party beneficiaries to the CE.] To CDFG: [Department of Fish and Game] [Region name] Region [REGION ADDRESS] [Attn: Regional Manager] With a copy to: Department of Fish and Game Office of General Counsel 1416 Ninth Street: 12th Floor Sacramento, CA 95814-2090 Attn: General Counsel To USFWS: United States Fish and Wildlife Service [Field Office name] Field Office [FIELD OFFICE ADDRESS] 11 CA CE Template Version July 18,2009 • Attn: Field Supervisor • [Remove/modify these blocks as appropriate when USEPA or USACE are not signatories to the BEI or CBE!or third-party beneficiaries to the CE.] To USACE: U.S. Army Corps of'Engineers [District name] District [DISTRICT ADDRESS] Attn: Chief, Regulatory Branch To USEPA: U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Attn: Director, Water Division or to such other address a party or a Signatory Agency shall designate by written notice to Grantor, Grantee and the Signatory Agencies. Notice shall be deemed effective upon delivery in _ the case of personal delivery or delivery by overnight courier or, in the case of delivery by first class mail, three (3) days after deposit into the United States mail. • 13. Amendment. This Conservation Easement may be amended only by mutual written agreement of Grantor and Grantee and written approval of the Signatory Agencies, which approval shall not be unreasonably withheld or delayed. Any such amendment shall be consistent with the purposes of this Conservation Easement and California law governing conservation easements, • and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of the county in which the Bank Property is located, and Grantee shall promptly provide a conformed copy of the recorded amendment to the Grantor and the Signatory Agencies. 14. Additional Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the United States and the State of California, disregarding the conflicts of law principles of such state. (b) Liberal Construction. Despite any general rule of construction to the contrary, this conservation Easement shall be liberally construed to effect the purposes of this Conservation Easement and the policy and purpose of California Civil Code Section 815; etseq. [add if Grantee is nonprofit organization: and Government Code Section 65965]. [rally provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it - invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this 12 CA CE Template Version July 18.2009 • Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to any other persons or circumstances. (d) Entire Agreement. This document(including its exhibits and the [insert: BEI or CBEI], the Development Plan, and the Management Plan incorporated by reference in this document) sets forth the entire agreement of the parties and the Signatory Agencies with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements of the parties relating to the Conservation Easement. No alteration or variation of this Conservation Easement shall be valid or binding unless contained in an amendment in accordance with Section 13. (e) No Forfeiture. Nothing contained in this Conservation Easement will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be.binding upon, and inure to the benefit of, the parties and their respective personal representatives, heirs, successors, and assigns, and shall constitute a servitude running in perpetuity with the Bank Property. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement terminate upon transfer of the party's interest in the Conservation Easement or Bank Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (i) No Hazardous Materials Liability. (I) Grantor represents and warrants that it has no knowledge or notice of any Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Bank Property, or transported to or from or affecting the Bank Property. (2) Without limiting the obligations of Grantor under Section 9 (b), • Grantor hereby releases and agrees to indemnify, protect and hold harmless the Grantee's Indemnified Parties (defined in Section 9 (b) (1))from and against any and all Claims (defined in Section 9 (b)(I)) arising from or connected with any Hazardous Materials or underground - storage tanks present, alleged to be present, released in, from or about, or otherwise associated With the Bank Property at any time, except any Hazardous Materials placed, disposed or released by Grantee or any of its employees. This release and indemnification includes, without 13 CA CE Template Version July 18.2009 • • limitation, Claims for (A) injury to or death of any person or physical damage to any property; and (B)the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). If any action or proceeding is brought against any of the Grantee's Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from the applicable Grantee Indemnified Party, defend such action or proceeding by counsel reasonably acceptable to the Grantee Indemnified Party [add if CDFG is Grantee: or reimburse Grantee for all charges incurred for services of the California Attorney General in defending the action or proceeding]. (3) Without limiting the obligations of Grantor under Section 9 (b), Grantor hereby releases and agrees to indemnify, protect and hold harmless the Third-Party Beneficiary Indemnified Parties (defined in Section 9.(b)(2)) from and against any and all Claims arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, from or about, or otherwise associated with the Bank Property at any time, except that this release and indemnification shall be inapplicable to a Third-Party Beneficiary Indemnified Party with respect to any Hazardous Materials placed, disposed or released by that Third-Party Beneficiary Indemnified Party or any of its employees. This release and indemnification includes, without limitation, Claims for (A) injury to or death of any person or physical damage to any property; and (B) the violation of alleged violation of, or other failure to comply with, any Environmental Laws. If any action or proceeding is brought against any of the Third-Party Beneficiary Indemnified Parties by reason of any such Claim. Grantor shall, at the election or and upon written notice from the applicable Third-Party Beneficiary Indemnified Party, defend such action or proceeding by counsel reasonably acceptable to the Third-Party Beneficiary Indemnified Party for all charges incurred for services of the California Attorney General or the U.S. Department of Justice in defending the action or proceeding. (4) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives to Grantee or any Third-Party Beneficiaries any of the following: (A) The obligations or liability of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601,el seq.; hereinafter; "CERCLA"); or (B) The obligations or liabilities ofa person described in 42 U.S.C. § 9607(a)(3) or(4); or (C) The obligations of a responsible person under any applicable Environmental Laws; or (D) The right to investigate and remediate any Hazardous . Materials associated with the Bank Property; or • (E) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Bank Property. . 14 CA CE Template Version July 18.2009 • (5) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by- products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901, el seq.; hereinafter, "RCRA"); the Hazardous Materials Transportation Act(49 U.S.C. §5101, et seq.; hereinafter, "HTA"); the Hazardous Waste Control Law (California Health & Safety Code § 25100, et seq.; hereinafter, "HCL"); the Carpenter- Presley-Tanner Hazardous Substance Account Act(California Health & Safety Code § 25300, et seq.; hereinafter "HSA"), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the date of this Conservation Easement. • (6) The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, HTA, HCL, HSA, and any other federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor represents, warrants and covenants to Grantee and Third-Party Beneficiaries that activities upon and use of the Bank Property by Grantor, its agents, employees, invitees and contractors will comply with all Environmental Laws. • Q) Warranty. Grantor represents and warrants that Grantor is the sole owner of the Bank Property. Grantor also represents and warrants that, except as specifically disclosed to and • approved by the Signatory Agencies pursuant to the Bank Property Assessment and Warranty signed by Grantor and attached as an exhibit to the [insert: BEI or CBEI], [choose applicable statement: there are no outstanding mortgages, liens, encumbrances or other interests in the Bank Property (including, without limitation, mineral interests) which may conflict or are inconsistent with this Conservation Easement or the holder of any outstanding mortgage, lien, encumbrance or other interest in the Bank Property (including, without limitation, mineral interest) which conflicts or is inconsistent with this Conservation Easement has expressly subordinated such interest to this Conservation Easement by a recorded Subordination Agreement approved by Grantee and the Signatory Agencies]. (k) Additional Interests. Grantor shall not grant any additional easements, rights of way or other interests in the Bank Property (other than a security interest that is expressly subordinated to this Conservation Easement), nor shall Grantor grant, transfer, abandon or relinquish (each a "Transfer") any mineral, air, or water right or any water associated with the Bank Property, without first obtaining the written consent of Grantee and the Signatory Agencies. Such consent -- may be withheld if Grantee or the Signatory Agencies determine(s) that the proposed interest or Transfer is inconsistent with the purposes of this Conservation Easement or will impair or interfere with the Conservation Values of the Bank Property. This Section 14(k) shall not limit the provisions of Section 2(d) or 3(n), nor prohibit transfer of a fee or leasehold interest in the Bank Property that is subject to this Conservation Easement and complies with Section 10. Grantor shall provide a copy of any recorded or unrecorded grant or Transfer document to the Grantee and Signatory Agencies. • • 15 CA CE Template Version July 18. 2009 (I) Recording. Grantee shall record this Conservation Easement in the Official Records of the County in which the Bank Property is located, and may re-record it at any time as Grantee deems necessary to preserve its rights in this Conservation Easement. (m) Third-Party Beneficiary. Grantor and Grantee acknowledge that the [include the agencies that will be third-party beneficiaries: CDFG, USFWS, USAGE, and USEPA] (the "Third-Party Beneficiaries") are third party beneficiaries of this Conservation Easement with the right of access to the Bank Property and the right to enforce all of the obligations of Grantor including, but not limited to, Grantor's obligations under Section 14, and all other rights and remedies of the Grantee under this Conservation Easement. (n) Funding. Endowment funding for the perpetual management, maintenance and monitoring of the Bank Property is specified in and governed by the [insert: BEI or CBEI] and the Management Plan. - IN WITNESS WHEREOF Grantor has executed this Conservation Easement Deed the day and year first above written. GRANTOR: Approved as to form: [Remove or modify the approval black as appropriate, i.e., Grantee's legal counsel if CDFG is not Grantee.] BY: General Counsel State of California NAME: Department of Fish and Game TITLE: BY: Ann S. Malcolm General Counsel DATE: • 16 CA CE Template Version July 18,2009 S • [Delete this page if CDFG will not be Grantee. If the Grantee will he a government agency,• that agency must include its own Certificate ofAcceptance.] CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Conservation Easement Deed by , dated , 20 , to the State of California, Grantee, acting by and through its Department of Fish and Game, a governmental agency (under Government Code § 27281), is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to the Fish and Game Code. GRANTEE: [Remove or modify the approval block as appropriate if CDFG is not Grantee.] STATE OF CALIFORNIA, by and through its DEPARTMENT OF FISH AND GAME By: • Title: Authorized Representative Date: • • • • CA CE Template Version July 18. 2009 • • Management Plan Guide & Annotated Outline • • • • State of California • The Resources Agency DEPARTMENT OF FISH AND GAME A GUIDE AND ANNOTATED OUTLINE FOR WRITING LAND MANAGEMENT PLANS, • December 2007 (Supercedes all previous documents) Lands Program Wildlife Branch Resources Management and Policy Division 1812 Ninth Street Sacramento, CA 95814 • USING THIS OUTLINE • • This outline has been prepared to help you write a management plan that is useful and easily read by those who want information about Department-administered lands. It provides instructions and examples for writing each chapter. It also serves as an example for the required format. Each chapter heading (identified by a Roman numeral) should be addressed within the plan. The amount of information provided within each chapter will be determined by the intensity of management necessary to maintain the property as viable wildlife habitat. In some cases, it may not be necessary to use certain subheadings; these are listed as optional in the outline. Periodically, this outline will be revised to reflect additional information, style improvements, and streamlining efforts. Any questions and comments regarding this outline or the writing of management plans may be directed to the Lands and Facilities Branch, Teresa Le Blanc, (916) 445-3499 or tleblanc @dfg.ca.gov. SOME TIPS AND NECESSARY FORMAT INFORMATION: A Table of Contents containing page numbers for chapters and sections must be provided. Page numbers should appear on every page of your plan, including all maps, tables, and figures. Chapter I, Introduction, is page one and is always unnumbered. All pages preceding page one should be numbered with lower case Roman numerals, starting with -i- on the Table of Contents page. • Tables and figures should be placed immediately following the page where they are first mentioned in the text (for example, if Figure 1 is mentioned on page 3 for the first time, it appears as page 4). All figures should be prepared on 8-1/2 x 11-inch paper so that reproduction remains a simple task. To prepare professional-looking figures, maintain a minimum 'A-inch border. Each figure and table should be numbered and titled. The title should reflect what the figure depicts, such as a location map or habitat types on the property. The numbers and titles of figures and tables may be listed under a separate List of Figures (or Tables); see Table of Contents for example. Compass direction and mileage scale should be included on all figures which illustrate geographical features. • TITLE AND SIGNATURE PAGES The following two pages are examples of the Title Page and Signature Page which are required for each plan. • • EXAMPLE (Title Page) State of California The Resources Agency DEPARTMENT OF FISH AND GAME DRAFT LAND MANAGEMENT PLAN for • (NAME OF AREA) Month, Year EXAMPLE (Signature Page) • (NAME OF AREA) FINAL DRAFT MANAGEMENT PLAN Prepared by: Name Address Phone • Approved by: Regional Manager Date Deputy Director for Regional Operations Date • • TABLE OF CONTENTS The Table of Contents of each land management plan should follow the same format as shown on page i of this document. All pages, starting with Chapter I, Introduction, are numbered consecutively, including figures, tables, and maps. Appendices have their own separate page numbers such as A-1, A-2,., B-1 , B-2,.... • • • TABLE OF CONTENTS Page No. TABLE OF CONTENTS x ACKNOWLEDGEMENTS (Optional) x LIST OF FIGURES (Optional) x LIST OF TABLES (Optional) x I. INTRODUCTION x A: Purpose of Acquisition x B. Acquisition History x C. Purpose of This Management Plan x II. PROPERTY DESCRIPTION x A. Geographical Setting x B. Property.Boundaries and Adjacent Lands x C. Geology, Soils, Climate, Hydrology x D. Cultural Features x • 1. Archaeology x 2. Historic Land Use x 3. Existing Structures x III. HABITAT AND SPECIES DESCRIPTION x A. Vegetation Communities, Habitats and Plant Species x B. Animal Species x C. Threatened, Rare or Endangered Species x IV. MANAGEMENT GOALS AND ENVIRONMENTAL IMPACTS x A. Definition of Terms Used in This Plan x B. Biological Elements: Goals & Environmental Impacts x 1. Operations and Maintenance Tasks (Optional) x C. Public Use Elements: Goals & Environmental Impacts x 1. Operations and Maintenance Tasks (Optional) x D. Facility Maintenance Elements: Goals & Environmental Impacts x • 1. Operations and Maintenance Tasks (Optional) x • • E. Biological Monitoring Element 1. Species and Habitat Monitoring 2. Consistency with any regional planning effort V. OPERATIONS AND MAINTENANCE SUMMARY A. Operations and Maintenance Tasks to Implement Plan (if not provided under IV.B.1 , C.1 , or D.1 above) x • B. Existing Staff and Additional Personnel Needs Summary x C. Operations and Maintenance Summary (Optional) x VI. REFERENCES (For all citations within plan) x APPENDICES: As necessary to list: Legal description of property, Animal and plant species, Soil types/surveys, • • Climatic information Environmental Checklist and Discussion of potential impacts (CEQA) Additional Consultation Documents Public comments and our responses to them MOU/MA Site interpretive plan Fire plan • Monitoring plan Grazing plan -i i- • • • ACKNOWLEDGEMENTS (Optional) The author(s) may wish to thank groups or individuals who helped prepare the plan or provided necessary information or guidance. LIST OF FIGURES (Optional) If appropriate, a list of figures (which includes all maps, drawings, or charts) may be provided here along with their page numbers. • LIST OF TABLES (Optional) If appropriate, a list of any tables provided in the management plan may be provided here along with their page numbers. -iii- • I. INTRODUCTION • A. Purpose of Acquisition Describe the primary purpose for which this property was acquired by the Department, using the Land Acquisition Evaluation (LAE) or Conceptual Area Protection Plan (CAPP) and Wildlife Conservation Board minutes for consistency. Additional purposes should also • . be stated. Be brief, but provide summary information about the management objectives presented later within the plan. Describe the resources protected by this acquisition in very general terms. B. Acquisition History (This section may be combined with Section A if the description is straightforward) Describe the circumstances leading to acquisition which might include local or regional development pressure, environmental concerns, inholding consolidation, or other issues, and list any local or regional groups which had influence in promoting this acquisition. If this acquisition is part of a CAPP or an addition to an existing DFG property, it should be mentioned here. If it is an addition, then this plan would be an "addendum to the existing plan." Give the acquisition transaction date(s) and the total number of acres acquired. This • information is available from the Regional Lands Coordinator who should have a file for each property in the region. The Regional Lands Coordinator also maintains an updated lands inventory containing this information. If special or dedicated funds were used to acquire this property and, therefore, may possibly influence management objectives, name the source of funding here. • C. Purpose of This Management Plan The following language is required to be stated in the plan to clearly delineate the department's purposes in preparing such plans: 1) The plan guides the adaptive management of habitats, species, and programs described herein to achieve the department's mission to protect and enhance wildlife values. 2) The plan serves as a guide for appropriate public uses of the property. 3) The plan serves as a descriptive inventory of fish, wildlife and native plant habitats which occur on or use this property. -2- • • 4) The plan provides an overview of the property's operation and maintenance, and • personnel requirements to implement management goals. It serves as a budget planning aid for annual regional budget preparation. 5) The plan provides a description of potential and actual environmental impacts and subsequent mitigation which may occur during management, and contains environmental documentation to comply with state and federal statutes and regulations. • • • • -3- • • II. PROPERTY DESCRIPTION • This chapter should provide the most current information available to describe the geographical, physical, and cultural site characteristics and features to promote good management of the area. Some of the following subsections may be combined if the subjects below are addressed and information is presented in a logical sequence. • • A. Geographical Setting Describe property location clearly, giving written instructions on how it can be reached by . land transportation, and provide a regional map (Map 1) which identifies county and major state or federal highway access to the property. Local towns and crossroads should be shown, as well as compass direction (north), and mileage scale. This is an overview map which gives the unfamiliar reader a regional perspective for locating the property. The map may be a computer-generated schematic or high quality hand-prepared technical illustration; it can also be prepared using a highway map, as long as the reproduction is clear and understandable. The map size should be 8-1/2 x 11 inches. B. Property Boundaries and Adjacent Land Use Provide a property map (Map 2) with boundaries distinctly outlined to place it in perspective with adjacent lands. Boundaries should be understandable so that map-users can identify DFG lands. The map should contain sufficient detail to provide information on entrances to and any open roads within the site. Compass direction and mileage scale should be given on the map. Size should be 8-1/2 x 11 inches. Give a brief description of adjacent land use and prior land use on the property, if known, and provide the names of the USGS topographic map quadrangles in which the property is located. Provide legal property descriptions (Township/Range/Section or metes and bounds) in an appendix (this information is contained in the quarterly lands inventory held by the Regional Lands Coordinator). [It is strongly suggested that each region maintain a photo file of any existing indicators of boundaries of properties owned by DEG within that region. Old fences, rock walls, • monuments, or other physical structures should be photographed as soon as escrow • closes. These photographs should be kept on file with the other land inventory documents in each regional office.] C. Geology, Soils, Climate and Hydrology • • • 4_ 110 • • Thes• e subjects may be combined into one subheading or separated for individual discussion, depending upon how much information is provided. You should give the reader an overall assessment of geological, edaphic, climatic and hydrologic factors which will influence management objectives. You only need to provide information which is pertinent to management of the area. Geological information which describes how the area evolved or how it relates to the surrounding geological formations can be useful in describing the overall area (eg., alluvial valleys, volcanic outcrops, floodplains). Soil survey information, obtained from National Resource Conservation Service for most counties, may influence species distributions, water regimes and agricultural activities. Soil types which have significant impacts on management should be discussed here. A soils map may be helpful in making management decisions if soil types are important or complex. A detailed description is not necessary unless it relates to management. A discussion of local climate should include useful information such as seasonal norms for high and low temperatures, seasonal average precipitation, growing season, and any other climatic factors which influence the area, or should be considered in managing the property. On some properties, hydrological and water right information will be extremely important. • Describe all known surface and subsurface water sources and their seasonal influences on management of the area. If there are wells on the area, the depth to groundwater and pumping rate should be provided, if known. Provide information regarding any surface water rights, (i.e. riparian, pre-1914, adjudicated, appropriative) and current points of diversion. For appropriative rights, include State Water Resources Control Board application permit and license numbers and identify whether use is for direct diversion, storage or both. Also, identify any contracts, MOU's or other agreements related to water use. Please contact the Water Coordinator at (916) 323-7215 if you have further questions about water appropriation, contracts or water rights issues for wildlife areas or ecological reserves. D. Cultural Features Describe any known archeological sites without providing their specific locations on the property, and include a summary of the results of any site surveys/inventories, including who conducted them. An assessment of the impacts of management should be given for such sites. Check within the CEQA Guidelines for appropriate action in dealing with suspected or existing archeological sites. All database searches and actual field survey data are confidential. Check with the Lands Program on appropriate archival storage. At the minimum, state that an archeological survey will be initiated where appropriate, prior to any management activity. • -5- • • Describe all existing structures including roads, levees, fencing, and buildings, and their intended future use on the area. If such structures are likely to be considered "historical resources" of the state pursuant to Executive Order W-26-92 and historic resources preservation laws, all state agencies must preserve and maintain these resources to the extent prudent and feasible within existing budget and personnel resources. Information may also be obtained from the State Historical Preservation Office and the California Native American Heritage Commission. [The region should maintain a photographic inventory of all structures present on the property at the time of close of escrow.] • • -6- • • III. HABITAT AND SPECIES DESCRIPTION This chapter provides a descriptive inventory of habitats and species which are located on or use the property. General ecological information necessary for proper management of habitats should be presented in this section. Ensure that the distinction between "potential" and "known to occur" (with reference) is documented for all species. This information will be included in a database developed by the Lands. Program to catalog the biological resources occurring on the Department's lands. This database is known as the Biological Resources Inventory (BRI). A. Vegetation Communities, Habitats and Plant Species Describe each major native plant community or habitat which occurs on the property. If helpful, a vegetation or habitat map can be included here. Be sure to name any special natural communities which are listed in the Natural Diversity Database (NDDB) which can be accessed through the "Rarefind 3" program, available from the Biogeographic Data Branch at (916) 324-3812 or at their website. General habitat descriptions should follow the "List of California Terrestrial Natural Communities" based on the classification described in A Manual • of California Vegetation (Sawyer-Keeler Wolf 1995). You may also use the classification system employed by the Department's Wildlife Area Habitat Committee for more intensively managed wetland units. Provide an inventory (list), if available, of native plant species which are known or likely to occur on the property. Include non-native vegetation as well. Generally, the list can be placed in an appendix, but major species affected by or targeted for management should be mentioned within the text. An overview of their habitat and management requirements should be presented here. Use proper nomenclature for preparing the list of species which generally includes scientific name (the common name should also be included). The regional plant ecologist can provide assistance in how to prepare these lists. If an inventory has not yet been completed for the property, the Department's Habitat Conservation Branch (HCB) . has requested that the plan adopt their recommended language for plant surveys. For example, make a statement to the effect that at the earliest feasible • opportunity, and before natural habitats are manipulated, inventories will be conducted to determine that no rare, threatened or endangered plant or special plant species or communities will be negatively impacted by management activities. This language can be acquired by contacting HCB at (916) 653-4875 or by visiting their website. • -7- S B. Animal Species Provide an inventory (list), if available, of animals (including fish, reptiles, amphibians, birds, and mammals) which are known to inhabit or seasonally use this property. Lists can be placed in an appendix, but species affected by or designated for particular management objectives should be mentioned here. An overview of their habitat and management requirements should be presented here. If inventories have not yet been completed, provide a list of species which could potentially inhabit or use the area based on personal field experience and the Department's California Wildlife Habitat Relationships (CWHR) model. Further information may be found by contacting the CWHR Program at (916) 327-8822. Make a statement to the effect that at the earliest feasible opportunity, and before natural habitats are manipulated, inventories will be conducted to determine that no animal T&E species or special species will be negatively impacted by management activities. C. Endangered, Threatened and Rare Species List all T&E and rare plants and animals which use the property and briefly • describe their ecological requirements. This includes all federal or state listed species as well as those of special concern to the department. Mammals, birds, plants, invertebrates, fish, reptiles, and amphibians require separate headings if combined into one list. State that internal coordination has been accomplished with Department experts to address any management concerns for state-listed species. Document the internal coordination in writing and referenced in an addendum. The documentation may be entitled "Information on the Effects of the Implementation of the Management Plan on Special Status Species." If a species is federally-listed, but not state-listed, at a minimum there should be consultation with the USFWS (pursuant to our Section 6(c) Cooperative Agreement, dated 8/26/91). This consultation will result in a decision on whether a Federal Biological Opinion is necessary. Consultation should also occur with other federal agencies where appropriate. -8- • IV. MANAGEMENT GOALS AND ENVIRONMENTAL IMPACTS Chapter IV defines the terms used and provides management direction and CEQA documentation for management actions on this property. The goals and tasks stated here should guide all management decisions until such time as the plan is revised and updated. This chapter provides documentation required by federal and state laws pertinent to environmental impacts and endangered species protection. The following terms and definitions (in boldface) should be presented at the beginning of this chapter to familiarize the reader with terminology used in the plan. Include definitions for only those terms you use in the plan. A. Definitions of Terms Used in This Plan 1. Element: An element refers to any biological unit, public use activity, or facility maintenance program as defined below for which goals have been prepared and presented within this plan. • Since the "elements" are the basis of the plan, be sure to discuss what types of elements are necessary with other regional staff that is familiar with the area and/or resources. We don't want to have so many elements, that goals become redundant, but we do want to discuss all elements to be affected by management on the property. 2. Biological Element: These elements consist of species, habitats, or communities for which specific management goals have been developed within the plan. With the exception of state- or federally-listed species, biological elements should always be defined in terms of habitat management programs, since the Department's current management objectives are ecosystem or multi-species oriented. When appropriate, state- or federally-listed species management goals should also be contained within the context of a habitat management program. In some cases, this may not be possible and single species management programs should then be considered as separate biological elements. • -9- Within each defined biological element using the NDDB classification based on • Sawyer-Keeler Wolf habitats, biological and public use management goals should be specified and described. Criteria used to identify biological elements have been determined by the Department and include but are not limited to the following: a) Protection of the element is authorized or mandated by legislation or official policy (e.g., furthering the goals of the North American Waterfowl Plan, Wetlands Policy, or Proposition 70). An example: Coastal and Valley Freshwater Marsh (NDDB type). b) Any listed, candidate, or sensitive species, or species of special concern known or suspected to occur on or to use the property must be specified within another element or as a separate biological element. c) Essential habitat for one or more listed species must be specified as a biological element. An example is vernal pool habitat upon which numerous state-listed plant species depend. d) Manipulated habitats which are intensively managed for fish and wildlife values must be specified as biological elements. An example is Coastal and Valley_Freshwater Marsh which is created and/or enhanced on certain DFG lands for migratory waterfowl and other associated wetland species. e) Restoration efforts which may restore an extirpated species or habitat, or maintenance efforts which may avoid the threat of extirpation. An example is Great Valley Cottonwood Riparian (NDDB type). 3. . Public Use Elements: Public use elements are any recreational, scientific, or other use activity appropriate to and compatible with the purposes for which this property was acquired. When drafting appropriate public use activities, think about potential impacts to the area's resources. The proposed public use should be related to wildlife or wild lands. In addition, a reasonable and defensible correlation between the proposed public use and how it relates to the primary mission of the Department's land management policies should be articulated. If reasonable public use is justified, it may also be tempered with limits on actual number of public involved, lottery scenarios and other methods to avoid resource impacts. Be sure to coordinate with any existing CCR Title 14, Sections 550-552 or Section 630 regulations. • -10- • • Additionally, the USFWS may have future draft polices regarding other activities on federally-aided Department properties. Please contact the Federal Aid Coordinator, at (916) 445-3472 for further information. Criteria used to characterize such public use elements include but are not limited to: a) Use is authorized or mandated by legislation or official policy (e.g., uses such as hunting, fishing, and interpretive programs). b) Use is compatible with fish and wildlife requirements in the area if properly conducted (e.g., hunting or scientific research programs). c) Historical uses which may be restricted seasonally or year-round under this plan due to incompatibility with biological element needs (e.g., fishing or interpretive programs). 4. Facility Maintenance Element: This is a general purpose element describing the maintenance and administrative program which helps maintain orderly and beneficial management of the area. • This might also include canned language regarding the Fish and Game Commission's "Interim Joint Policy on Pre, During and Post Fire Activities and Wildlife Habitat" with the California State Board of Forestry which may be applied to Department lands. In brief, the policy calls for coordination with local regional CDF units on wildfire suppression, staging fire fighting equipment, access points, identifying safety hazard areas to fire fighting personnel, post fire activities (eg: restoration ) and preventive fuel or fire breaks, specifically in sensitive habitat areas. A statement may be needed to address local vegetation clearance ordinances and various appropriate clearing methods (eg. mowing, discing, blading, etc.). In some cases, a separate prescription burn plan may be appropriate, described briefly under a "Biological Element" and the plan attached as an addendum. An example of a facility maintenance element is provided later in this chapter. 5. Biological Goal: A biological goal is the statement of intended long- range results of management based upon the feasibility of maintaining, enhancing or restoring species populations and/or habitat. • -11- S Biological goals may be, for example, restoration of riparian habitat to its pre- disturbed state or maintaining a particular habitat for optimal deer herd size. 6. Public Use Goal: A public use goal is the statement of the desired type and level of public use compatible with the biological element goals previously specified within the plan. Public use goals could be to educate the public about rare species or special habitats on the property, or to promote hunting or fishing programs on the property. Examples of goals are: 1) to provide nesting habitat for a certain species over a given period of time; 2) to revegetate a former riparian community; 3) to build ponds and/or levees to provide wintering waterfowl areas; 4) to maintain roads for public access. 7. Tasks: Tasks are the individual projects or work elements which implement the goal and are useful in planning operation and • maintenance budgets. Examples of tasks are: 1) grading and graveling roads; 2) specific maintenance on existing levees; 3) description of types of revegetation efforts; 4) specific maintenance tasks on buildings. • Chapter IV, Part B is the most important section, so read thoroughly: B. Biological Elements: Goals & Environmental Impacts • Section B should have a subsection for every biological element described. Within each subsection, provide: 1) the name and general description of biological element; 2) general long-range goals; • -12- • 3) operations and maintenance tasks required to complete each goal (this . information is optional): A description should accompany each qoal which provides management information and direction on how to meet or exceed the goal. Tasks should be described sufficiently to provide information on how restoration, maintenance, or enhancement of this particular element will be accomplished. If O&M tasks are listed in a summary table, these should provide specific detail on how goals will be met by task performance. After the goals are characterized, briefly describe any internal or external management constraints which may affect meeting those goals. Some examples are: 1) environmental factors such as the influence of local water availability (either surface or subsurface waters); the introduction or spread of non-native species; presence of T&E species; flood; drought; erosion; air pollution; hazardous waste materials; 2) legal, political or social factors such as federal, legislative, or Fish and Game • Commission policies or regulations which influence or mandate certain types of management; special permitting requirements (eg., COE 404, T&E species, archeological sites); city and/or county ordinances (eg., nuisance abatement); MOUs or other special agreements with private or public entities; water, timber, or mineral rights for the area; 3) financial factors such as the source of funding to be used for operation and maintenance, personnel requirements, and overall management of the area (fund source may dictate management direction). Discuss potential environmental impacts from management decisions and mitigation measures which will be employed, if necessary, to avoid or significantly reduce such impacts. If the plan doesn't describe proposed management actions and consider their impacts in sufficient detail, CEQA requirements will not be adequately fulfilled by this plan. Any new activities will have to be addressed in future, stand alone CEQA documents on a project-by-project basis. The Department's land management planning process is subject to CEQA based on the interpretation that the planning of certain management tasks with the intent of implementing those tasks falls under the definition of a "project". CEQA defines projects as any activities which may cause a direct physical change or a • -13- reasonably foreseeable physical change in the environment. Depending on the • specificity of goals and /or tasks described in the plan, the Region determines whether or not the plan will be considered a "project" under CEQA definition. However, an environmental checklist shall be prepared to show that appropriate consideration was given to potential environmental impacts with the accompanying Negative Declaration. In rare cases, there may be circumstances when a proposed management activity(ies) may result in significant adverse impacts. That determination may trigger an Environmental Impact Report (EIR). Regional personnel should consult with the Lands Program and Habitat Conservation Planning staff in the Region and at headquarters for further direction. When describing goals for T&E species elements, follow federal and state guidelines which include consultation with the U.S. Fish & Wildlife Service (USFWS) or NOAA Fisheries Service for federally-listed species which use the property. It is the intent of the Department and Fish and Game Commission policy not to undertake projects that adversely impact a rare, threatened or endangered species or their habitats (paraphrased from DFG's operations manual and Fish and Game Code, Section 2053). Internal discussion for state listed species shall be coordinated with the Department's own experts either in the Region or at Headquarters. Although formal "Biological Opinions" are not prepared, document the coordination in writing that addresses any potential management actions that • may impact state listed plants, animals or their habitats. The documentation may be an Addendum to the plan and may be entitled "Information on the Effects of Implementation of the Management Plan on Special Status Species". If a species is federally-listed, but not state-listed, at a minimum there should be consultation with the USFWS (pursuant to our Section 6(c) Cooperative Agreement, dated 8/26/91) or NOAA depending upon which agency has jurisdiction for the species. This consultation will result in a decision on whether a Federal Biological Opinion is necessary. Some examples of biological elements (using NDDB habitat types) are: 1) Rare, threatened or endangered plant or animal species 2) coastal brackish marsh 3) California annual grassland 4) coastal and valley freshwater marsh • 5) Great Valley cottonwood riparian 6) Non-native, pasture, ag types (DFG internal descriptions) The following is a biological element example with goals and tasks: -14- • • • • Biological Element: Coastal and Valley Freshwater Marsh Maintain optimum winter habitat for migratory waterfowl by on-going marsh management techniques to optimize winter food availability for migratory species. Goal: Continue with established flooding and drawdown timetable; maintain mode of dynamic experimental vernal/summer seasonal wetland management. Goal: Continue mechanical manipulation of wetland vegetation during summer dry period (when T&E species will not be impacted) to maintain adequate open water during flooded period. Task: Disc 100 acres of tules annually to maintain marsh in optimal successional stage. Task: Repair leaking levees to prevent premature drawdowns. Task: Build 4 additional nesting islands in specified units. Task: Clean specified water supply ditches. • You may have several goals for each biological element. Listing individual tasks is optional, but increasing the amount of specific information within the plan will greatly increase the value of CEQA documentation. Also, if tasks are not itemized here, there must be a workplan/task summary in the final chapter, Operations and • Maintenance Summary. If you wish to discuss the goals for each element in a narrative format, in order to provide more detail or to clarify certain management issues, be as succinct as possible while providing sufficient information to meet CEQA requirements. Don't forget to discuss management constraints, environmental impacts, and mitigation measures (if applicable). C. Public Use Elements: Goals & Environmental Impacts This Section is prepared in the same manner as Section B. It includes a narrative describing the program for each public use element, its goals and tasks (optional), management constraints, and environmental impacts and potential mitigation measures. In describing public use, you are asked to not use the terms, "consumptive"or "nonconsumptive,"because of the inaccurate perception they • • -15- promote. You may want to use terms like hunting, angling, birdwatching, nature • observation, etc. • If hunting programs will be managed on the property, describe each program and the goals and potential impacts associated with them. If an interpretive services program is to be conducted on the property (such as providing hiking trails, or bird tours, describe in sufficient detail the type of program(s) to be implemented along with any associated goals and potential impacts associated with them. • As in previous sections, environmental impacts must be discussed for each public use program, and, if appropriate, mitigation measures to offset such impacts should be described in detail. If T&E species may be impacted by any public use program, those impacts should be discussed briefly within the public use element and reference made to the DFG documentation or federal consultation prepared for that species. Ask regional interpretive and other staff for their input, depending upon what type of public use is being considered for the area. In 1989, the Department adopted guidelines for interpretive plans or prospectuses and if drafted could be referenced as an appendix item. Conservation Planning staff should be consulted on listed species and potential public use conflicts. • Some examples of public use elements are: 1) Pheasant hunting program 2) General public recreation (including bird watching, plant identification, other self-guided activities) 3) Watchable Wildlife program (on certain wildlife areas and ecological reserves) 4) Fishing program 5) Scientific research, surveys or monitoring (by outside groups) 6) Trails, blinds, boardwalks or viewing platforms 7) Interpretive centers, educational kiosks D. Facility Maintenance Element: Goals & Environmental Impacts This Section describes the physical facility and grounds maintenance program which includes the administration necessary to maintain orderly and beneficial management of the area. (Not all properties will require this section. If access and boundary identification features such as roads and fences are present, this section is required.) -16- • S The following examples of goals and tasks are paraphrased and excerpted from the Mendota plan; you may quote them if you like: Properly administer overall management of the property by: Goal: Maintain accurate business records on expenditures, staff, maintenance, and other administrative duties. Goal: Maintain regular office hours in order to respond to public requests for information in a timely manner and otherwise conduct the state's business in a normal manner. Goal: Maintain all equipment, vehicles, facilities, residences, office structures, shop and associated buildings, fuel tanks, and any related items in optimum working condition to maximize efficient use of operating expenses allocated to this area. Task: Regular inspection and servicing of all heavy equipment and vehicles. • Task: Regular inspection and repair of all buildings, residences and structures. This may include items such as plumbing, electrical, painting, fixtures, and any other features necessary to protect health and safety of staff and visitors to the property. Task: Regular inspection and maintenance of fuel tanks to comply with federal and state laws. As with the other elements, you may list tasks here or in the next chapter. Don't forget to outline potential environmental impacts and mitigation, if appropriate, associated with facility maintenance goals and objectives. Briefly describe T&E species concerns, if appropriate, and refer reader to the specific internal CESA coordination document or federal consultation for further information. F. Biological Monitoring Element .. This Section is prepared in the same manner as Section B. It includes a narrative describing the program for each monitoring element, its goals and tasks (optional), the optimal monitoring season for special or targeted species/habitats and any known constraints, limitations or methodologies. In this section, you should include any standard • 17- or required protocols and discuss the relevance and consistency of any regional planning efforts (NCCPs, HCPs, watershed plans) with this area management plan. Sections within the regional plans relating to monitoring should be reiterated here. Regional partnerships or any state obligations for monitoring of"preserve design" or plan compliance should also be discussed. V. OPERATIONS AND MAINTENANCE SUMMARY This chapter contains information in a summary format which will guide budget preparation and work plans for the property. Section A, Operations and Maintenance Tasks, is not necessary if the information has already been presented in Chapter IV. Section C is also optional. A. Operations and Maintenance Tasks to Implement Plan If you have not already listed them in the previous section, use this section to itemize O&M tasks required to fulfill goals for previously described biological, public use, and facilities maintenance elements. You should give brief descriptions of specific operations and maintenance tasks which are necessary to implement the goals of this plan. This will help provide information necessary for annual budget preparation for management of the property. • B. Existing Staff and Additional Personnel Needs Summary Summarize the number of existing staff employed at or who spend a percentage of their work schedule performing tasks on the property, and any additional requirements for personnel, both full time and temporary. Briefly outline the justifications for personnel requested without going into specific task descriptions. Provide the position classifications required to fully implement the plan as written. This may be in narrative or table format. C. Operations and Maintenance Summary (Optional) This section is optional and is provided for those who desire to summarize all estimated operations and maintenance costs associated with management of the property. This summary would provide more specific information required for annual budget preparation. -18- • • The following table is provided as the preferred format for such a summary: TABLE. OPERATIONS AND MAINTENANCE SUMMARY OPTIONS Option 1: Summary Table: Costs summarized by goal. Goals Prior- Labor Personnel On-Going One-Time ity* (in PYs) Class Cost $ Cost $ 1 . Preserve T&E species 1 0.17 WHS I $10,000 $5,000 A. Conduct Surveys B. Avoid Impacts Continue until all goals are summarized. TOTAL: Total No. $ Total $ Total *Define meaning of priorities. • Option 2: Summary Table: Costs summarized by goals and tasks: Goals and tasks Prior- Labor Personnel On-Going One-Time ity* (in PYs) Class Cost $ Cost $ 1. Preserve T&E species 1 0.17 WHS I A. Conduct Surveys $1,000 $ 5,000 B. Avoid Impacts 9,000 (Continue until all goals and tasks are summarized.) TOTAL: Total No. $ Total $ Total VI. REFERENCES Use standard scientific reference nomenclature to cite authors and their published research. Be sure to add references when using information from other sources; for example, you should reference the WHR or Sawyer-Keeler-Wolf habitat designations. • • -19- • Example: Department of Fish and Game. 1999. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. Sacramento. Meyers, K.E. and W.F. Laudenslayer, Jr., Eds. 1988. A Guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection. Sacramento. APPENDICES All appendices should be preceded by a title page which uniquely identifies it (e.g., Appendix A - Legal Description of Property). All pages within this appendix should be numbered consecutively: A-1, A-2, A-3, .... Use Appendices as necessary to list such items as: 1) Property descriptions 2) Animal and plant species inventories 3) Soil surveys 4) Climatic information ' 5) Other useful but secondary information. 6) Environmental checklist and discussion of potential impacts (CEQA) • 7) CESA internal coordination 8) Additional consultation documents 9) Public Comments 10) Our response to public comments 11) MOU/MA 12) Site interpretive plan 13) fire plan • -20- 111 • Section 7 Consultation Selected Review Criteria • • Sacramento Fish and Wildlife Office Selected Review Criteria for Section 7 Off-Site Compensation Revised Oct. 2009 Property Assurances and Conservation Easement ❑ Title Report(preliminary at proposal, and Final Title Insurance at recordation), shall be no older than six months; U Property Assessment and Warranty; n Subordination Agreement [if there is any outstanding debt on the property); Li Legal Description and Parcel Map; n Conservation Easement (should use the current multi-agency standardized CE template document); or I Non-Template Conservation Easement; M Site Assessment and Development • - Phase I Environmental Site Assessment; n Restoration or Development Plan; n Construction Security[if applicable]; in Performance Security; Site Management - Interim Management Plan; ❑ Interim Management Security Analysis and Schedule; ❑ Long-Term Management Plan; ❑ Endowment Fund Analysis and Schedule; **Guidelines to assist in understanding what is required are detailed on pages 2-7. Guidelines Property Assurances and Conservation Easement(CE) Title Report 1. Who holds fee title to property? Should be the Project Applicant. If not, there may be liability and contracting issues. • 2. Are there any liens or encumbrances (existing debts or easements) on the property? a. Review necessary supporting instruments to evaluate liens and encumbrances. Property owner should submit a"Property Assessment and Warranty,"which discusses each and every exception listed on the Preliminary and Final Title Insurance Policies, evaluating any potential impacts to the conservation value that could result from the exceptions (see below). b. The Property Assessment and Warranty template is available at http://www.fws.gov/sacramento/es/cons bank.htm, and should include a summary and full explanation of all exceptions remaining on the title, with a statement that the owner/Grantor accepts responsibility for all lands being placed under the CE as available for the primary purposes of the easement, as stated in the easement, and assures that these lands have a free and clear title and are available to be placed under the CE. 3. Could any of these liens or encumbrances potentially interfere with either biological habitat values or ownership? If existing easements can potentially interfere with the conservation values/habitat of the property, those portions of the land should be deducted from the total compensation acreage(or number of credits)available on the site. 4. A Subordination Agreement is necessary if there is any outstanding debt on the property. Review Subordination Agreement for adequacy—the lending bank or other lien holder must agree to fully subordinate each lien or encumbrance. Legal Description and Parcel Man 1. Ensure accuracy of map, and location and acreage protected under the CE. 2. Both the map and the legal description should explain the boundaries of the individual project compensation site. The site should not have `leftover' areas for later use. Conservation Easement from Template 1. The current CE template can be found at http://www.fws.gov/sacramento/es/cons_bank.htm. 2. Who will hold the easement? a. Must have third-party oversight by a qualified non-profit or government agency. Qualifications include: i. Organized under IRC 501(c)(3); SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 2 ii. Qualified under CA Civil Code § 815; iii. Bylaws, Articles of Incorporation, and biographies of Board of Directors on file at, and approved, by USFWS. 1. Must meet requirements of USFWS, including 51% disinterested parties on the Board of Directors; b. Must have satisfactorily completed the CDFG due diligence process for easement/endowment holders and/or be accredited by the Land Trust Accreditation Commission http://www.landtrustaccreditation.org/home. 3. If not using the multi-agency template, applicant should specify objections they have to the template as provided, and may substantially delay processing as they will require Solicitor review. Alternate CEs must be approved by the USFWS prior to recording. Non-Template Conservation Easements 1. You must either 1) add USFWS as a third-party beneficiary, or 2) add language throughout the document, in all appropriate places,that will assure USFWS the right to enforce, inspect, and approve any and all uses and/or changes under the CE prior to occurrence(including land use, biological management or ownership). 2. Include,at a minimum, language to: a. Reserve all mineral, air, and water rights under the CE as necessary to maintain and operate the site in perpetuity; b. Ensure all future development rights are forfeited; c. Ensure all prohibited uses contained in the multi-agency conservation agreement template are addressed; and d. Link the CE,Management Plan, and the Endowment Trust Fund within the document'(e.g.,note that each exists to support the others, and where each of the documents can be located if a copy is required). 3. Insert necessary language, particularly, but not exclusively, per: (can compare to multi-agency CE template) a. Rights of Grantee b. Grantee's Duties c. Reserved Rights d. Enforcement e. Remedies f. Access g. Costs and Liabilities h. Assignment and Transfer i. Merger j. Notices SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 3 Site Assessment and Development Phase I Environmental Site Assessment 1. The Assessment must show that the compensation site is not subject to any recognized environmental conditions as defined by the American Society for Testing and Materials(ASTM) Standard E1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, available at http://www.astm.org/Standards/E1527.htm, (i.e., the presence or likely presence of any Hazardous Substances or petroleum products). 2. If the Phase I Environmental Site Assessment identifies any recognized environmental conditions,the Project Applicant must represent and warrant to the USFWS that all appropriate assessment, clean-up,remedial, or removal action has been completed. Development Plan (not required if doing preservation only] 1. The overall plan governing construction and habitat establishment activities required to be conducted on the Property, including, without limitation, creation, restoration, and enhancement of habitat. a. This plan should include the baseline conditions of the Property including biological resources, geographic location and features,topography, hydrology, vegetation, past, present, and adjacent land uses, verified Waters of the U.S. Jurisdictional Determination, if applicable, species and habitats occurring on the property, a description of the activities and methodologies for creating, restoring, or enhancing habitat types, a map of the approved modifications, overall habitat establishment goals, objectives and Performance Standards,monitoring methodologies required to evaluate and meet the Performance Standards, an approved schedule for reporting monitoring results, a discussion of possible remedial actions, and any other information deemed necessary by the USFWS. 2. Any permits and other authorizations needed to construct and maintain the site shall be included and in place prior to the start of construction of the habitat. 3. Full construction plans for any habitat construction must be USFWS-approved prior to the start of construction of the habitat. Construction Security a. The Project Applicant shall furnish a Construction Security in the amount of 100%of a reasonable third party estimate or contract to create,restore, or enhance habitats on the property in accordance with the Development Plan. b. The Construction Security shall be in the form of an irrevocable standby letter of credit, or a cashier's check. i. The letter of credit, if chosen, shall be issued for a period of at least one year, and shall provide that the expiration date will be SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 4 • automatically extended for at least one year on each successive expiration date unless, until extension is no longer necessary. Performance Security c. The Project Applicant shall furnish a Performance Security in the amount of 20% of the Construction Security. d. The Performance Security shall be in the form of an irrevocable standby letter of credit, or a cashier's check. i. The letter of credit, if chosen, shall he issued for a period of at least one year, and shall provide that the expiration date will be automatically extended for at least one year on each successive expiration date unless, until extension is no longer necessary. 4. The Construction and Performance Securities must: a. Be held by a qualified, Service-approved, non-profit organization or government agency [see requirements under CE above], and b. Be held according to minimum standards for assuring maximum success in earning potential, and will include assurances for no loss of principle, and c. Disbursements or releases from each of the funds must be for documented expenditures, as they occur. Site Management • Interim Management Plan I. The Interim Management Plan should identify the short-term management, monitoring, and reporting activities to be conducted from the time construction ends until the Endowment Fund has been fully funded for one year and all the Performance Standards in the Development Plan have been met. Interim Management Security Analysis and Schedule a. The Project Applicant shall furnish an Interim Management Security (in the form of a standby letter of credit) in the amount equal to the estimated cost to implement the Interim Management Plan during the first year of the Interim Management Period, as set for in the Interim Management Security Analysis and Schedule b. The Interim Management Security Analysis and Schedule shall consist of a table and/or spreadsheet that shows all of the tasks (management, monitoring, reporting), task descriptions, labor(hours), cost per unit, cost frequency, timing or scheduling of the tasks, the total annual funding necessary for each task, and any associated assumptions for each task required by the Interim Management Plan. The total annual expenses should include administration and contingency costs. c. The Interim Management Security must: • SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 5 i. Be held by a qualified, Service-approved, non-profit organization or government agency [see requirements under CE above], and ii. Be held according to minimum standards for assuring maximum success in earning potential, and will assurances for no loss of principle. iii. Disbursements or releases from the fund must be for documented expenditures, as they occur. Long-Term Management Plan(LTMPI 1. The LTMP template can be found at http://www.fws.gov/sacramento/es/cons bank.htm and identifies the long- term management, monitoring and reporting activities to be conducted after the interim Management Period. 2. The LTMP should include at minimum: a. Purpose of the Project and purpose of the LTMP; b. A baseline description of the setting, location, history, and types of land use activities, geology, soils, climate, hydrology,habitats present(once project meets Performance Standards), and species descriptions; c. Overall management, maintenance and monitoring goals; specific tasks and timing of implementation; and discussion of any constraints, which may affect goals; d. The Endowment Fund Analysis and Schedule(see below), e. Discussion of Adaptive Management actions for reasonably foreseeable events and possible thresholds for evaluating and implementing Adaptive Management; f. Rights of access to the Property and prohibited uses of the Property as provided in the CE; and g. Procedures for Property transfer, land manager replacement, amendments, and notices. 3. A copy of the LTMP must be either recorded with the CE, or the CE must state in its body that the current management plan can be obtained upon request from the USFWS, if not using the CE template. Endowment Fund Analysis and Schedule a. Can use a PAR or PAR-like analysis that must be based upon the final, approved LTMP. b. The analysis and schedule shall consist of a table and/or spreadsheet that shows all of the tasks (management, monitoring, reporting), task descriptions, labor(hours), cost per unit, cost frequency,timing or scheduling of the tasks,the total annual funding necessary for each task, and any associated assumptions for each task required by the Interim Management Plan. The total annual expenses should include administration and contingency costs. c. The Endowment Fund must: SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 6 • i. Be held by a qualified, Service-approved, non-profit organization or government agency [see requirements under CE above], and ii. Be held according to minimum standards for assuring maximum success in earning potential, and will include assurances for no loss of principle. iii. Disbursements or releases from the fund must be for documented expenditures, as they occur. • • • SFWO, Selected Review Criteria for Section 7 Off-site Compensation Rev.Oct.2009 7 Appendix G • Water Quality Objectives for Use in Designing and Implementing Projects with Impacts to Creeks or Wetlands S • • • Water Quality Objectives for Use in Designing and Implementing Projects with Impacts to Creeks or Wetlands The San Francisco Bay Regional Water Quality Control Board (Water Board) is charged with maintaining the beneficial uses of waters of the state in the San Francisco Bay Region, as presented in the San Francisco Bay Basin Water Quality Control Plan (Basin Plan), which is the Board's master water quality control planning document (http://www.waterboards.ca.gov/sanfranciscobay/basin planning.shtml#2004basinplan). If a project will impact waters of the State, project proponents are required to apply to the Water Board for Waste Discharge Requirements (WDRs), before implementing the project. If the project will also impact waters of the U.S., project proponents are also required to apply to the Water Board for Clean Water Act Section 401 certification. The Water Board reviews applications for WDRs and/or certifications to ensure that potential impacts to waters of the state have been avoided and minimized to the maximum extent practicable. To assist project proponents in designing projects in a manner that avoids and/or minimizes impacts to waters of the State, the Water Board has developed a technical reference circular (Circular) that provides guidance for applicants on how to design projects that protect and restore stream and wetland system functions. Project proponents are encouraged to consult this Circular when developing projects with • potential impacts to creeks or wetlands. (http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/strea m_wetl and/streamprotectioncircular.pdf). The Water Board intends to periodically revise and update this Circular to take advantage of emerging science and management practices. Projects that impact creeks or wetlands should strive to achieve three water quality objectives—Watershed Hydrology, Stream Dynamic Equilibrium, and Stream and Wetland System Habitat Integrity. Watershed Hydrology: The hydrologic connectivity between headwaters and estuary, surface water and ground water, and landscape, floodplain, and stream channel should be protected to produce the pattern and range of flows necessary to support beneficial • uses identified in the Basin Plan and a functional ecosystem. Stream Dynamic Equilibrium: Stream attributes, including hydrologic and sediment regimes, vegetation communities, channel forms, slopes, and floodplain areas, should be protected in a manner so as not to arrest natural hydrogeomorphic processes nor accelerate an imbalance resulting in excessive erosion or deposition of sediment, cause nuisance, or otherwise adversely affect beneficial uses. Watershed processes contribute to a dynamic balance over time between sediment loads and surface water flows which produce complex, fluctuating, and resilient systems. Stream and Wetland System Habitat Integrity: Stream and wetland system habitats should be maintained by protecting the type, amount, and complexity of wetland and • 1 riparian vegetation, the extent of riparian areas, and the substrate characteristics • necessary to support aquatic life. Achievement of these water quality objectives protects and restores the physical integrity and associated functionality of stream and wetland systems, which include perennial, intermittent, and ephemeral streams and wetlands and their associated riparian areas. The following four principles should be used in developing projects, in order to achieve the water quality objectives: 1) Water Quality Functions and Land Use: Functioning stream and wetland systems provide a wide range of water quality benefits that support the beneficial uses identified in the Basin Plan. Many land use activities have the potential to substantially degrade water quality functions of stream and wetland systems. Therefore, project proponents should recognize the intrinsic connections between land use activities and the structures, processes, and functions of stream and wetland systems. 2) No Net Loss: Stream and wetland system areas, functions, and beneficial uses in the Region have been substantially degraded from historic levels as a result of human activities. Therefore, the remaining resources are especially valuable. Projects and associated mitigation measures should be consistent with the California Wetlands Conservation Policy (No Net Loss Policy, Executive Order W-59-93) to ensure no net loss and achieve a long-term net gain in the quantity, quality, and permanence of • stream and wetland system areas, functions, and beneficial uses. 3) Climate Change Adaptation: Stream and wetland system protection and restoration are a critical element of a strategy for reducing adverse impacts of greenhouse gas emissions and adapting the region's water resource management to account for the adverse effects of climate change and sea level rise. Protecting and restoring stream and wetland system functions, including floodwater storage, groundwater recharge, carbon sequestration (e.g., in riparian vegetation and wetland soils that are rich in organic matter), and maintaining aquatic life and wildlife habitat connectivity are important to mitigate for the adverse effects of climate change. 4) Watershed Approach: Many water quality and ecosystem problems are best identified, prioritized, addressed, and solved using a watershed approach. A watershed approach helps to address cumulative impacts on water quality, and encourages the development of watershed plans and partnerships that coordinate the planning, use, and protection of stream and wetland system resources. Project proponents should consider their project's affects when multiple individual effects are added or interact with other effects in a watershed to create cumulative adverse impacts to water quality. Project proponents should include all appropriate and practicable measures to avoid and minimize potential direct, secondary, and cumulative temporary and permanent impacts to water quality and beneficial uses 2 • • • The following tables summarize goals for achieving the Water Quality Objectives. Watershed Hydrology Goals for Stream and Wetland System Functions Runoff flow and volume Maintain site runoff and transport characteristics (i.e., timing, magnitude, duration, time of concentration, and discharge pathways of runoff flow) such that post-project flow rates and durations mimic pre-project levels. Where practicable, incorporate measures to restore natural runoff patterns (e.g., enhance soil infiltration capacity and increase the storage of runoff) in watersheds that have been substantially altered from their pre- development conditions. Hydrologic connectivity Maintain lateral, vertical, and longitudinal flow pathways, including connectivity between: stream channels, riparian areas, floodplains, and wetlands; surface water and groundwater; and ocean or estuary-to-headwaters at adequate levels to protect stream and wetland system functions and beneficial uses including the maintenance of, and access to, a diverse range of habitats for aquatic life and wildlife. Natural flow regime Maintain the natural variation of flows and hydrograph characteristics (i.e., timing, magnitude, duration, and time of concentration) such that the range of flows including low, channel forming, and flood flows are of a magnitude and duration to: 1) sustain channel morphology and balance sediment transport; 2) support riparian vegetation • community maintenance; 3) provide adequate flows and velocities during low flow months to satisfy aquatic life and wildlife habitat requirements; and 4) maintain seasonal flows that permit the migration or free movement of migratory fish and access to floodplain and off-channel habitat (e.g., sloughs and permanently or seasonally flooded wetlands) for aquatic life. Stream Dynamic Equilibrium Goals for Stream and Wetland System Functions Channel Form and Processes Where channels are modified, design projects with proper channel form (e.g., channel shape, width/depth ratio, etc.), sinuosity, slope, and floodplain areas such that the balance between sediment loads and surface flows is attained for a range of low to high discharges. This goal promotes natural bank erosion as a desirable attribute of stream and wetland systems while requiring that projects avoid: causing excessive erosion or deposition of sediment in and around the project area; creating hydraulic constrictions (e.g., undersized culverts); or require ongoing channel maintenance (e.g., dredging to maintain channel capacity, ongoing bed and bank repair, etc.). Where practicable, restore channel dimensions and slopes, riparian vegetation communities, floodplain, meander belt, and geomorphic adjustment zone widths, and adequate side slopes from the top of the banks to the top of the floodplain terraces in areas where geomorphic dynamic equilibrium has been impacted. • .3 Drainage network Maintain the naturally occurring pattern and density of perennial, intermittent, and ephemeral streams, as well as associated aquatic habitats (e.g., wetlands) which transport water, materials, energy, and organisms through the watershed (i.e., the drainage network). Avoid changing the natural runoff pathways by filling, piping, ditching, or culverting. Gullies and headcuts Avoid formation or expansion of headcuts and gullies. Design projects with proper channel slope and avoid reducing the landscape infiltration capacity and increasing runoff which may lead to soil erosion and gully formation/expansion. Stream and Wetland System Habitat Integrity Goals for Stream and Wetland System Functions Floodplain and riparian areas Maintain floodplains and/or riparian areas of adequate width to provide water quality functions such as flood water and sediment storage, water quality enhancement, and maintenance of aquatic life and wildlife habitat. Establishment and protection of functioning riparian areas is one of the most straightforward and effective strategies to protect water quality and is a critical element in adapting to the effects of climate change including changes in rainfall and runoff patterns. Wetland hydrology • Maintain the natural hydrologic regimes of wetlands, including their hydroperiods and levels of hydrologic connectivity to other aquatic habitats, at levels sufficient to support hydrophytic vegetation (where naturally present), aquatic life and wildlife habitat, and other associated beneficial uses. Wetland and riparian vegetation Maintain wetland and riparian vegetation (both woody and herbaceous) such that the type, amount, and complexity are adequate to: maintain water temperatures appropriate to the needs of aquatic life; withstand site-specific erosive forces; and supply large woody debris of sufficient quantities to maintain aquatic habitat. Habitat connectivity Avoid creating unnatural barriers between or among stream and wetland system and upland habitats (e.g., in-stream structures that restrict fish migration or encroachment on floodplains that restricts wildlife movement along a riparian corridor) that impact migration corridors and dispersal systems which connect aquatic life and wildlife with resources and refuges. Protecting stream and wetland system corridors can increase the resiliency of biodiversity by providing migration corridors as aquatic life and wildlife adapt to the effects of climate change on habitat conditions and distribution. • • 4