HomeMy WebLinkAbout202104_AnnualPre-ActivitySurvey_RPT202104_Pre-Activity_Cover_LTR.docx
April 1, 2021
Ms. Schani Siong
Department of Planning and Building
976 Osos Street, Room 200
San Luis Obispo, CA 93408
RE: 2021 Pre-Activity Biological Survey Report, Reservoir 3 Area Demolition, Grading and
Restoration, San Luis Obispo Tank Farm
Dear Ms. Siong:
Pursuant to the County of San Luis Obispo Conditional Use Permit DRC2013-00056 Condition of
Approval Numbers 43, 77, and 82 and the California Department of Fish and Wildlife Streambed
Alteration Agreement Measures No. 2.3 and 2.4, provided is one (1) copy of the 2021 Pre-Activity
Biological Survey Report for the San Luis Obispo Tank Farm Remediation Project.
Should you have any questions or comments regarding the referenced report, please contact
Stephanie Seay at (805) 329-3482.
Sincerely,
Trihydro Corporation
Scott McAlpin
Project Manager
81S-001-003
Attachments
ec: Hal Hannula, City of SLO
Jenny Marek, USFWS
Chris Diel, USFWS
Diana Grosso, CDFW
Emma Ross, USACOE
202104_AnnualPre-ActivitySurvey_RPT.docx
2021 PRE-ACTIVITY BIOLOGICAL SURVEY REPORT
RESERVOIR 3 AREA DEMOLITION, GRADING AND RESTORATION
SAN LUIS OBISPO TANK FARM
REMEDIATION AND RESTORATION PROJECT
SAN LUIS OBISPO COUNTY, CALIFORNIA
April 1, 2021
Project #: 81S-001-003
PREPARED BY: Trihydro Corporation
1252 Commerce Drive, Laramie, WY 82070
PREPARED FOR: Chevron Environmental Management Company
276 Tank Farm Road, San Luis Obispo, CA 93401
202104_AnnualPre-ActivitySurvey_RPT.docx
AUTHENTICITY AND SIGNATURE PAGE
Trihydro Corporation hereby certifies that all statements furnished in the following Pre-Activity Biological Survey
Report and all supporting information required for this biological evaluation are true and correct to the best of our
knowledge and belief. Further, we certify that all field surveys associated with this report were performed by Trihydro
Corporation using standards accepted by San Luis Obispo County and accurately represent all information retained
from field visits to the San Luis Obispo Tank Farm Property operated by Chevron Environmental Management Com-
pany, San Luis Obispo County, California.
Andy Smith
Lead Client Coordinator
Scott McAlpin
Project Manager
Stephanie Seay Jennifer Langford
Compliance & Permitting/Biologist Senior Biologist
202104_AnnualPre-ActivitySurvey_RPT.docx
Table of Contents
EXECUTIVE SUMMARY ........................................................................................................................i
1.0 INTRODUCTION ................................................................................................................... 1-1
1.1 Project Description .................................................................................................... 1-1
1.2 Regulatory Setting ..................................................................................................... 1-2
1.2.1 San Luis Obispo County ............................................................................... 1-2
1.2.2 California Department of Fish and Wildlife ................................................... 1-5
2.0 METHODS ............................................................................................................................. 2-1
2.1 Desktop Review ........................................................................................................ 2-1
2.2 Field Activities ........................................................................................................... 2-1
2.2.1 Special-status Plant Species Population Mapping ....................................... 2-2
2.2.2 Plant Community Field Verification............................................................... 2-2
2.2.3 Bloom and Seed Status Surveys .................................................................. 2-3
2.2.4 Seed Collection ............................................................................................. 2-3
2.2.5 Plant Salvage ................................................................................................ 2-4
2.2.6 Weed Management ...................................................................................... 2-5
2.2.7 California Red-legged Frog Surveys ............................................................ 2-5
2.2.8 Burrowing Owl ............................................................................................... 2-6
2.2.9 Nesting Bird Surveys .................................................................................... 2-6
2.2.10 Vernal Pool Fairy Shrimp Habitat ................................................................. 2-6
2.2.11 Wetlands and Waters ................................................................................... 2-7
3.0 RESULTS .............................................................................................................................. 3-1
3.1 Special-status Plant Species Population Mapping ................................................... 3-1
3.2 Plant Community Field Verification ........................................................................... 3-1
3.3 Bloom and Seed Status Surveys .............................................................................. 3-1
3.4 Seed Collection ......................................................................................................... 3-1
3.5 Plant Salvage ............................................................................................................ 3-1
3.6 Weed Management ................................................................................................... 3-2
3.7 California Red-legged Frog Surveys ......................................................................... 3-2
3.8 Burrowing Owl Surveys ............................................................................................. 3-3
3.9 Nesting Bird Surveys ................................................................................................. 3-3
202104_AnnualPre-ActivitySurvey_RPT.docx
Table of Contents (cont.)
3.10 Vernal Pool Fairy Shrimp Habitat .............................................................................. 3-4
3.11 Wetlands and Waters ................................................................................................ 3-4
4.0 DISCUSSION ......................................................................................................................... 4-1
5.0 REFERENCES ...................................................................................................................... 5-1
202104_AnnualPre-ActivitySurvey_RPT.docx
List of Tables
2-1. Summary of 2020-2021 Field Activities
3-1. Special-Status Plant Acreages within Proposed Work Areas
3-2. Plant Community Acreages within Proposed Work Areas
3-3. Summary of Seed Collected in 2020
202104_AnnualPre-ActivitySurvey_RPT.docx
List of Figures
3-1. Pre-Activity Botanical Survey Results Map; Special-Status Plants
3-2. Pre-Activity Botanical Survey Results Map; Plant Communities
3-3. Pre-Activity Biological Survey Results Map; Special-Status Wildlife
202104_AnnualPre-ActivitySurvey_RPT.docx
List of Appendices
A. BOTANICAL SURVEY GUIDELINES
B. SITE PHOTOGRAPHS
C. VERNAL POOL FAIRY SHRIMP PRE-ACTIVITY USFWS CONSULTATION LETTER
D. CALIFORNIA RED-LEGGED FROG PRE-ACTIVITY SURVEY DATA SHEETS
202104_AnnualPre-ActivitySurvey_RPT.docx i
EXECUTIVE SUMMARY
The following Pre-Activity Biological Survey Report (Report) has been prepared by Trihydro Corporation (Trihydro)
in support of the proposed San Luis Obispo Tank Farm (SLO Tank Farm) Remediation and Restoration Project
Project), on behalf of Chevron Environmental Management Company (Chevron). The purpose of this Report is to
provide the results of pre-activity biological surveys conducted by Trihydro in compliance with Project permits, prior
to the initiation of the 2021 Project activities within the Reservoir 3 area, Oxbow Areas 1, 2, 3, and 4, and vegetation
and clean soil stockpile area, at SLO Tank Farm. The 2021 Project activities consist of removal or abandonment of
underground pipelines, demolition of historic oil storage facility infrastructure (i.e., concrete foundations, fences,
abandoned power poles, building demolition, etc.), remediation and restoration of the Reservoir 3 Area, and
reengagement of the cutoff oxbows to the main channel of the East Fork of San Luis Obispo Creek.
Per the County of San Luis Obispo Conditional Use Permit (CUP; DRC2013-00056) Condition of Approval (COA)
Numbers (No.) 43, 77, and 82, and the California Department of Fish and Wildlife (CDFW) Streambed Alteration
Agreement (SAA) (Notification No. 1600-2015-0094-R4) Measures No. 2.3 (a-g), and 2.4, Trihydro completed
pre-activity biological surveys for botanical resources and special-status wildlife in 2020 and the beginning of 2021.
Pre-activity nesting bird surveys (COA Nos. 81 and 92) will be conducted immediately prior to all vegetation removal
for the duration of Project activities, which will occur during nesting bird season (February 15 through August 31).
There is one vernal pool fairy shrimp (Branchinecta lynchi; VPFS) feature (FS-67) within the proposed 2021 work
areas that is known to have higher population densities, it is designated as a VPFS inoculum collection pool, which will
be utilized to create planned VPFS features as described in the Vernal Pool Habitat Restoration and Monitoring Plan
Appendix H of the Landscape Restoration Plan [Padre, 2015a]). There are four VPFS features of unknown cyst-
density (FS-36, FS-65, FS-66, and FS-67) and two areas of variable cyst density (FS-55 and FS-64) that are within the
proposed 2021 work areas which are proposed for complete or partial inoculum collection prior to remediation
activities. FS-62 is also within the work area and will be fully impacted during the proposed 2020 work activities. All
VPFS features adjacent to the proposed 2021 work areas will be properly delineated prior to ground disturbance to
avoid incidental impacts and include FS-29, FS-30, FS-31, FS-32, FS-33, FS-34, FS-58, FS-59, FS-60, FS-63, and
FS-86.
Based on the desktop survey and pre-activity field surveys conducted in proposed 2021 work areas. Plant communities
observed within the Project limits include palustrine forested broad-leaf deciduous valley stream-bank wetland,
palustrine nonpersistent emergent vernal swale/pool, and non-native annual grassland. Special-status plant species
observed include Cambria morning glory (Calystegia subacaulis ssp. Episcopalis), San Luis Obispo owl’s clover
ii 202104_AnnualPre-ActivitySurvey_RPT.docx
Castilleja densiflora ssp. Obispoensis), Congdon’s tarplant (Centromadia parryi ssp. Congdonii), and Purple needle
grass (Stipa pulchra). Special-status wildlife, including state protected species, observed during 2021 pre-activity
surveys included burrowing owl (Athene cunicularia), loggerhead shrike (Lanius ludovicianus), white-tailed kite
Elanus leucurus), and bald eagle (Haliaeetus leucocephalus). No special-status amphibians were observed.
This Report includes a summary of field activities, survey methods, and results of the botanical resources and special-
status wildlife pre-activity surveys conducted prior to commencement of 2021 Project activities. Figures, photographs,
and associated documents are included as appendices to this Report.
202104_AnnualPre-ActivitySurvey_RPT.docx 1-1
1.0 INTRODUCTION
The following Pre-activity Biological Survey Report (Report) has been prepared by Trihydro Corporation (Trihydro) in
support of the San Luis Obispo Tank Farm (SLO Tank Farm) Remediation and Restoration Project (Project), on behalf
of Chevron Environmental Management Company (Chevron). The objective of the biological resources pre-activity
surveys was to identify the special-status botanical and wildlife resources that may be disturbed by 2021 Project
activities, per the County of San Luis Obispo (County) Conditional Use Permit (CUP; DRC2013-00056) Condition of
Approval (COA) Number (No.) 77 and 82, and the California Department of Fish and Wildlife (CDFW) Streambed
Alteration Agreement (SAA) (Notification No. 1600-2015-0094-R4) Measures No. 2.3 (a-g), and 2.4 (a-b). The 2021
Project activities consist of removal or abandonment of underground pipelines, demolition of historic oil storage
facility infrastructure, remediation and restoration of the Reservoir 3 Area, and reengagement of the cutoff oxbows to
the main channel of the East Fork of San Luis Obispo Creek through grading and removal of the existing berm
material.
Due to the April 2021 Project start date, it was not feasible to map special-status species populations bloom prior to the
preparation of this Report, and as such, this Report includes the mapped results of pre-activity botanical resource
surveys conducted in April through August of 2020, within and adjacent to the proposed 2021 work areas. Note that
the 2020 pre-activity botanical resource survey results provide the most current status of special-status plant
populations within the proposed 2021 work areas, in accordance with Project permit conditions. Also included in this
Report are the results of the pre-activity California red-legged frog (Rana draytonii), burrowing owl (Athene
cunicularia), northern harrier (Circus hudsonius), and nesting bird surveys conducted in February and March 2021.
Although pre-activity surveys are not required for vernal pool fairy shrimp (Branchinecta lynchi; VPFS), management
of vernal pool fairy shrimp occupied habitat occurring within the proposed 2021 work areas is also discussed within
this Report. Figures, photographs, and associated documents are included as appendices to this Report.
1.1 PROJECT DESCRIPTION
The Project activities proposed for 2021 will occur within the Reservoir 3 area, Oxbow Areas 1, 2, 3, and 4, and
vegetation and clean soil stockpile area. The 2021 Project will consist of the following activities:
Assessment, removal, or abandonment of existing underground pipelines
Demolition of historic oil storage facility infrastructure (i.e., concrete foundations, fences, abandoned power poles,
etc.)
Topsoil salvage
1-2 202104_AnnualPre-ActivitySurvey_RPT.docx
Clean soil stockpiling
Hydrocarbon containing soil remediation and hauling
Backfill and topsoil replacement
Restoration of Reservoir 3 Area and the creation of 4 planned VPFS features
Reengagement of four oxbow areas with East Fork of San Luis Obispo Creek
1.2 REGULATORY SETTING
This section summarizes the regulations and policies administered by resource agencies pertaining to pre-activity
surveys required for the proposed 2021 work areas. These areas fall under the scope of the pre-activity requirements of
the County CUP and the CDFW SAA.
1.2.1 SAN LUIS OBISPO COUNTY
Prior to Project initiation, a California Environmental Quality Act (CEQA) review and approval was required. The
City of San Luis Obispo (SLO) and the County of SLO entered into a Memorandum of Understanding in
February 2013, which designated the City of SLO as acting lead agency for CEQA review. The City of SLO certified
the Final Environmental Impact Report (FEIR) in September 2014 and the County of SLO issued CUP.
Mitigation measures identified in the FEIR were adopted by the County and issued as Exhibit B-Conditions of
Approval CUP. Permit requirements that are discussed in this section include CUP COA Nos. 43, 77, 78, 79, 81, 82,
and 92.
COA No. 43 (BIO-1c) states,
The final restoration plan shall provide for plant salvaging and replanting where appropriate (e.g.,
San Luis Obispo dudleya), restoration, and/or creation of habitat suitable for special status plant
species including Cambria morning glory, Congdon’s tarplant, San Luis Obispo owl’s clover,
Hoover’s button-celery, San Luis Obispo serpentine dudleya, and purple needlegrass.
COA No. 77 (BIO-1b) states,
Prior to commencement of grading, the applicant shall conduct updated surveys of sensitive species
habitats (including sensitive plant species, CRLF, wetland habitat, and VPFS habitat) within the
project site within the appropriate season immediately prior to the onset of any ground disturbances
associated with the project in order to evaluate the current occupancy of suitable habitat for sensitive
species and to refine the final habitat mitigation replacement acreages. Updated surveys for federally
202104_AnnualPre-ActivitySurvey_RPT.docx 1-3
listed species shall be completed per the timing and methodology specified by resource agency
protocol.
COA No. 78 (BIO-1i) states,
The VPFS-qualified biologist shall conduct sensitive vernal pool branchiopod surveys within the
appropriate season immediately prior to the start of construction activities per the timing and
methodology specified by USFWS protocol. The VPFS qualified biologist shall monitor during
construction activities in the vicinity of habitats to be avoided. The final acreage of habitat loss shall
be revised as necessary to adequately mitigate actual disturbance to habitats for listed and special
status species due to remediation.
COA No. 79 (BIO-1j) states,
The VPFS-qualified biologist shall conduct cyst collection efforts (cyst-bearing soil) and storage
efforts from work areas prior to construction activities from the entire work area of each impacted
pool when the ephemerally wetted areas are dry. The VPFS-qualified biologist shall follow USFWS
standard procedures and guidance established in that agency’s permitting process. The cysts shall be
stored in labeled containers that are adequately ventilated. The cysts shall be kept out of direct
sunlight to prevent excessive heating of the soil. The cysts shall be kept out of direct contact with
water. When restored VPFS habitat is constructed, the inoculum shall be placed within the surface
layer of the soil in a manner following USFWS protocols and guidance.
COA No. 81 (BIO-2e) states,
Hawks and owls nest earlier than most other native birds. If initial construction activities, ground
disturbance, or vegetation clearing involving vegetation removal/trimming occur from December 1
through August 31, the nest monitor would conduct a pre-construction survey within three days prior
to vegetation removal or other construction-related disturbances focused on actively nesting hawks or
owls. If any actively nesting hawks or owls are found, a 500-foot buffer would be established around
the nest tree to help ensure that nesting is not disrupted. The buffer would be delineated by orange
construction fencing and signage and would remain in place until the nest is either abandoned or the
young have fledged. The nest monitor would be present when any buffer fencing is established.
COA No. 82 (BIO-7a) states,
A qualified biologist shall conduct surveys throughout areas proposed to be disturbed to determine
the presence of wildlife species prior to ground disturbance. The biologist shall be on site during
initial site disturbances (i.e., brush removal, topsoil disturbances). Wildlife species encountered
during the initial disturbances shall be relocated to suitable habitat out of potential danger. All
1-4 202104_AnnualPre-ActivitySurvey_RPT.docx
handling and relocation of sensitive and non-sensitive wildlife species shall be conducted by biologists
with appropriate authorizations and permits (CDFW and USFWS). Remediation activities, including
restoration efforts shall be regularly monitored throughout the remediation and restoration phases to
ensure that wildlife species have not entered work areas. The biological monitor shall conduct
regular site inspections of the remediation and restoration activities to ensure that all applicable
mitigation measures are being enacted. The biological monitor shall have the authority to
temporarily halt activities if permit requirements and conditions are not being met. The biological
monitor shall prepare an annual summary report describing site visit observations and shall provide
this report to the City, County, and regulatory agencies (including CDFW, USACE, and USFWS) for
review.
COA No. 92 (BIO-2d) states,
To minimize potential impacts to nesting native bird species, and in compliance with the federal
Migratory Bird Treaty Act and Sections 3503, 3503.5, or 3513 of the California Fish and Game Code,
all activities resulting in ground disturbances during all phases of remediation, restoration, pipe
removal, and construction activities involving vegetation removal/trimming shall be done, as feasible,
outside the breeding season (February 15 through August 31). If vegetation must be removed during
this period, then the Applicant shall retain a biologist acceptable to the County in consultation with
the City to conduct surveys for nesting birds. Surveys shall be conducted within three days prior to
vegetation removal or other construction-related disturbances. If nesting birds are observed within
the vicinity, then a minimum 100-foot buffer from the nest would be established. The buffer would be
delineated by orange construction fencing or other delineator approved by County in consultation
with the City and signage and would remain in place until the nest is abandoned or the young have
fledged. The qualified biologist shall be present when any buffer fencing is established. The qualified
biologist shall monitor the nest to ensure that Project activities do not violate the Migratory Bird
Treaty Act or the California Fish and Game Code. At minimum, the biologist would check for new
active nests, and determine the status of ongoing active nests, weekly during the specified nesting
season. The biologist would ensure that all fencing and signage was properly maintained, and would
provide weekly, or less frequent if requested by the agencies, e-mail updates on the status of all
monitored nests to the County, City, CDFW, and USFWS. If the biologist determines that nesting is
being disrupted, the construction activities shall cease and wait until a new buffer area is determined,
the young have fledged, or the nest is determined to have failed.
202104_AnnualPre-ActivitySurvey_RPT.docx 1-5
1.2.2 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
The CDFW SAA also contains conditions that pertain to pre-activity biological surveys. Permit requirements that are
discussed in the section include CDFW SAA Measures No. 2.3 (a-g), 2.4 (b), and 4.2.
2.3 Listed and Other Special Status Species
a) Pre-activity surveys for potential rare, listed, or other sensitive status species shall be conducted
by a qualified biologist within 30 days prior to commencement of Project activities. Surveys shall
be conducted within the work area and all access routes to avoid and minimize incidental take,
confirm previous observations, identify any areas occupied by listed or sensitive species, and
clearly mark all resources to be avoided by Project activities. If any State- or Federally- listed
threatened or endangered species are found or could be impacted by the work proposed,
Permittee shall notify CDFW of the discovery immediately. An amended Agreement and/or an
Incidental Take Permit may be warranted.
b) Western Pond Turtle and Western Spadefoot: All Western pond turtles and western spadefoot
discovered at the Project site immediately prior to or during Project activities shall be allowed to
move out of the area of their own volition; if this is not feasible, they shall be captured by a
qualified biologist and relocated out of harm’s way to the nearest suitable habitat immediately
upstream or downstream from the Project site.
c) California Red-Legged Frog (CRLF): If water is present within 250 feet of the Project work area,
a qualified biologist shall survey the Project site for CRLF within 48 hours prior to commencing
work. Survey results shall be submitted to CDFW. Between October 15 and April 30, vegetation
within the Project work area that will be disturbed or removed shall be removed by hand prior to
the use of heavy equipment or machinery. If CRLF are found prior to the Project or at any time
during Project activities, work shall cease or shall not commence (whichever applies) until
CDFW has been contacted and has given written approval for work to continue. All CRLF
individuals shall be allowed to leave the Project work area unharmed. Permittee shall contact
CDFW within 24 hours of each detection.
d) Southern Steelhead (South Central California Coast DPS): Project activity shall not occur within
the wetted channel.
e) American Badger: American badger detected within the Project work area during Project
activities shall be allowed to move out of the work area of its own volition. If American badger is
denning on or immediately adjacent to a Project work area, Permittee shall consult with CDFW
1-6 202104_AnnualPre-ActivitySurvey_RPT.docx
to determine whether the animal(s) may be evicted from the den. Eviction of badgers will not be
approved by CDFW unless it is confirmed that no dependent young are present.
f) Burrowing Owl: A qualified wildlife biologist shall survey for burrowing owl within a 500-foot
radius of the Project site, within 30 days prior to starting Project activities each year. Surveys
shall be conducted at appropriate times to maximize detection. If any active burrowing owl
burrows are observed, these burrows shall be designated an ESA, protected, and monitored by a
qualified biologist during Project-related activities. A minimum 500-foot avoidance buffer shall
be established and maintained around each owl burrow during the nesting season (February 1
through August 31). If active burrowing owl burrows are observed outside of the nesting season,
a minimum 150-foot no disturbance buffer shall be established around each burrow. Eviction of
owls from burrows is not authorized by CDFW in this Agreement.
g) Special Status Plant Species: If suitable habitat for any special status plant species is present
within a work area, a qualified botanist shall conduct focused Plant Surveys for these plants
within one year prior to the start of Project activities. Repeated floristic surveys shall be
conducted by a qualified botanist multiple times during the appropriate floristic period(s) in order
to adequately assess the potential impacts to special status plant species. If any listed or other
special status plant species is found, Permittee shall identify them with flagging and avoid plants
with a 25-foot no disturbance buffer. If a buffer around non-listed plant species is not feasible,
CDFW may approve a buffer reduction in writing and in advance of the buffer reduction,
provided that Permittee proposes written alternate methods to minimize impacts; for example
salvaging topsoil after plants have set seed, and replacing it in areas of temporary disturbance to
the affected species.
2.4 Fish and Wildlife
b) Pursuant to FGC Sections 3503 and 3503.5, it is unlawful to take, possess, or destroy the nest or
eggs of any bird or bird-of-prey. To protect nesting birds, no Project activity shall be completed
from February 15 through August 31 unless the following Avian Nest Surveys are completed by a
qualified biologist within 30 days prior to Project initiation.
Birds of Prey: Survey for nesting activity of birds of prey within a 500-foot radius of each Project
work area. If any active nests are observed, these nests shall be designated an ESA and protected
by a minimum 500-foot avoidance buffer until the breeding season has ended or until a qualified
biologist has determined that the young have fledged and are no longer reliant upon the nest or
parental care for survival.
202104_AnnualPre-ActivitySurvey_RPT.docx 1-7
Other Avian Species: Survey for nesting activity within a 250-foot radius of the defined work
area. If any nesting activity is found, these nests shall be designated an ESA and protected with a
minimum 250-foot buffer until young have fledged and are no longer reliant on the nest site or
parental care.
CDFW may consider variances from these buffers when there is a compelling biological or
ecological reason to do so, such as when the Project area would be concealed from a nest site by
topography.
4.2 Reports. Permittee shall submit the following Reports to CDFW:
Construction/work schedule submitted to CDFW prior to Project commencement (Administrative
Measure 1.8)
A Training Sign-in Sheet submitted to CDFW within one (1) week of completing training
Administrative Measure 1.9)
Pre-activity survey results provided to CDFW at least one (1) week prior to the start of Project
activities (Avoidance and Minimization Measure 2.3(a))
Results of California red-legged frog surveys submitted to CDFW no more than one (1) week
from the completion of the survey (Avoidance and Minimization Measure 2.3(c))
Results of surveys for burrowing owls, submitted to CDFW at least one (1) week prior to the start
of Project activities (Avoidance and Minimization Measure 2.3(f))
Results of Plant Surveys submitted at least one (1) week prior to the start of Project activities
Avoidance and Minimization Measure 2.3(g))
Results of surveys for nesting birds if any Project activity is scheduled during the avian nesting
season, submitted to CDFW at least one (1) week prior to the start of Project activities (Avoidance
and Minimization Measure 2.4(b))
In compliance with COA No. 77, Trihydro conducted a botanical resources survey in the spring to capture the
blooming period of the special-status plant species and plant community components, when the plants were readily
identifiable. In addition, Trihydro conducted California red-legged frog pre-activity surveys of all aquatic habitat
within and adjacent to the proposed 2021 work areas. Padre consulted with the USFWS in regard to updating the
vernal pool fairy shrimp surveys and received approval in a correspondence dated January 25, 2016 to forego updating
the surveys (COA No. 78) based on the Project’s history of comprehensive survey data. In compliance with COA
1-8 202104_AnnualPre-ActivitySurvey_RPT.docx
No. 81, and No. 92, Trihydro conducted burrowing owl, hawk, and nesting bird surveys prior to ground disturbance. In
compliance with COA No. 82, Trihydro will continue to conduct wildlife clearance surveys for the duration of the
Project, as necessary.
202104_AnnualPre-ActivitySurvey_RPT.docx 2-1
2.0 METHODS
Methods to collect sensitive wildlife data and botanical resources information for the proposed 2021 work areas include
a desktop review and field activities. Both methods are discussed in this section.
2.1 DESKTOP REVIEW
The desktop review incorporated an aerial imagery review of the Project site and proposed 2021 work areas, which
included an approximately 10-foot (ft) buffer. The desktop review also included an examination of multiple sources of
technical survey information pertaining to biological resources within the Project site, including the following:
Description and Analysis of the Botanical Resources, Including Vascular Plant Species of Conservation Concern,
at the Chevron Tank Farm Facility, San Luis Obispo, California (Padre and WSP 2008)
Landscape Restoration Plan, Chevron San Luis Obispo Tank Farm Remediation, Restoration, and Development
Project, San Luis Obispo County, California (Padre 2015a)
Botanical Pre-Activity Survey Guidelines for Special-Status Plants and Plant Communities. In-house document
prepared by Padre. (Padre 2015b)
California Red-legged Frog Survey Report for the Chevron San Luis Obispo Tank Farm, San Luis Obispo County,
California (Padre 2014)
CDFW California Natural Diversity Database query of updated occurrences of California red-legged frog,
burrowing owl, and western pond turtle within San Luis Obispo County (CDFW 2018)
Previous annual pre-activity biological survey reports for the Project (Padre 2018; Trihydro 2019 and 2020)
Biological Resources Monitoring Program 2018 Annual Summary Report (Padre 2019; Trihydro 2020)
2.2 FIELD ACTIVITIES
Pre-construction biological field activities completed within the proposed 2021 work areas included a special-status
plant mapping reconnaissance survey, plant community field verification survey, CRLF day and night surveys,
burrowing owl surveys, and nesting bird surveys. Trihydro staff involved in the field activities included: Stephanie
Seay, Jennifer Langford, Victoria Trautman, Miko Thule, Jane Donaldson, Tori Prado, and Iliana Arroyos. The survey
dates and personnel for all field activities are summarized in Table 2-1.
2-2 202104_AnnualPre-ActivitySurvey_RPT.docx
2.2.1 SPECIAL-STATUS PLANT SPECIES POPULATION MAPPING
The special-status plant species previously documented as occurring within SLO Tank Farm property include Cambria
morning glory (Calystegia subacaulis ssp. episcopalis), San Luis Obispo owl’s clover (Castilleja densiflora ssp.
obispoensis), Congdon’s tarplant (Centromadia parryi ssp. congdonii), Hoover’s button celery (Eryngium aristutalum
var. hooveri), San Luis Obispo serpentine dudleya (Dudleya abramsii ssp. bettinae), and California walnut (Juglans
californica) (Padre and WSP, 2008). In addition, areas comprised of greater than 10 percent (%) purple needlegrass,
are considered special-status plant communities and mapped as special-status plant species populations. In compliance
with the permit conditions, the status of existing special-status plant populations will be assessed immediately prior to
disturbance, during the appropriate season when plants are readily identifiable.
Trihydro biologists conducted pre-activity special-status plant species surveys between June 2020 and March 2021
within the proposed 2021 work areas. Note that due to the proposed early spring Project start date in April 2021, the
2020 survey was the most current and accurate mapping of special-status plant populations within the proposed 2021
work areas. In March and April 2021, Trihydro will be conducting a pre-activity special-status plant species mapping
reconnaissance survey to identify and document any early emergent or blooming occurrences of special-status plant
species populations within the proposed 2021work areas.
During special-status plant species population mapping in 2020 and 2021, Trihydro biologists drove on established
access roads and walked the terrain within and adjacent to all proposed work areas. A field map illustrating previously
mapped special status plant populations (Padre and WSP, 2008) was utilized as a field reference. The mapping
schedule was dependent on the blooming period when species were most identifiable. Per the Padre Botanical Survey
Guidelines (Appendix A), in 2020, Trihydro biologists identified special-status populations through direct observation
of blooms and/or morphological characteristics, then installed temporary pin flags around the extent of the population.
The population was documented using a hand-held global positioning system (Trimble and ArcGIS Collector GPS
unit).
2.2.2 PLANT COMMUNITY FIELD VERIFICATION
Per the Padre Botanical Survey Guidelines (Appendix A), a field survey was conducted to verify the existing plant
communities within the proposed 2021 work areas. The plant community field verification survey was conducted in
conjunction with the June 9, 2020 special-status plant species mapping reconnaissance survey. Note that plant
communities are readily identifiable throughout the year. Observations and general composition of the plant
communities were compared to previously mapped plant communities (Padre and WSP, 2008), to verify that the plant
communities are similar in extent to when originally mapped.
202104_AnnualPre-ActivitySurvey_RPT.docx 2-3
2.2.3 BLOOM AND SEED STATUS SURVEYS
Due to the early spring Project start date, it was not feasible to conduct bloom and seed status surveys in 2021, and as
such, these were instead conducted during spring and summer of 2020. The purpose of these surveys is to assist in
scheduling seed collection when seed is mature. Section 2.2.5 describes seed collection methods. Per the Botanical
Survey Guidelines, qualitative reconnaissance surveys within the proposed 2021 work areas were conducted
periodically throughout the spring and summer months to determine the bloom and seed status of special-status species.
During bloom and seed status field surveys, biologists drove on established access roads and walked the terrain within
the proposed 2021 work areas and an approximately 50-ft buffer. Direct visual observations of the subject species were
recorded. The bloom status observations were used to predict and schedule seed collection events, and as a general
indicator of the size and density of the special-status plant populations within the SLO Tank Farm property. Seed
collection was conducted following observation of mature seed within a population. Specific plant characteristics that
were utilized to determine seed maturity on all special-status plant species documented to occur within the SLO Tank
Farm property were as follows:
Cambria morning glory. Flower has dropped or is intact but dry, leaves green to brown, capsule is visible, seed is
brown to black and is easily removed from capsule.
Owl’s clover. Dried blooms intact, stems and leaves green to brown, seed is brown and can be seen when pod is
crushed with fingers.
Congdon’s tarplant. Dried/remnant blooms intact, stems and leaves pale green to brown, seed is dark brown to
black and can be seen when pod is crushed with fingers.
Hoover’s button celery. Dried/remnant blooms intact, stems and leaves pale green to brown, seed can be seen
when pod is crushed with fingers.
Purple needlegrass. Inflorescence is intact, awns are bent, and seed is easily removed from the stalk by hand.
2.2.4 SEED COLLECTION
Due to the early spring Project start date, it was not feasible to conduct seed collection activities in 2021, and as such,
were conducted during spring and summer of 2020. The purpose of seed collection is to obtain seed for plant
propagation and increase seed for future restoration activities. Seed Collection Data Sheets were used to document the
target species, date of collection, approximate population size of collection area (as number of plants and acreage of
population), the plant height, and assessment of seed vigor (healthy, insect-damaged, undeveloped, moldy, or other
damage). Methods and techniques utilized for collection were dependent on the target species. Following observation
of mature seed during bloom/seed status surveys, seed was collected. General seed collection techniques consisted of
hand-pulling and or vegetation clipping, dependent on which species was being collected. Seed was bagged in
2-4 202104_AnnualPre-ActivitySurvey_RPT.docx
envelopes or bags, and sent to CaliFlora Resources, a local native seed and processing company, for processing, and
then returned for storage. Summary of seed collection and methods are as follows:
Cambria morning glory. No seed from this species was collected in 2020. Previous seed collected had poor
germination rates and it was determined that vegetatively collecting plants/divisions would be more efficient than
seed collection. As described below, the top 6 to 12 inches of soil containing Cambria morning glory is also
salvaged.
Owl’s clover. Approximately 0.5 ounces of seed from this species was collected in 2020. Seed collection methods
consisted of pulling the entire plant or entire inflorescence from the ground, then placing into small paper
envelopes; the seeds remained intact within inflorescence.
Congdon’s tarplant. Approximately 23 pounds of seed was collected in 2020. Stems and plants with
inflorescences were cut with hand clippers, then placed into buckets.
Hoover’s button celery. No seed from this species was collected in 2020 as there are no Hoover’s button celery in
the proposed 2020 work area. Previous seed collection methods consisted of cutting stems and plants with
inflorescences with hand clippers and placing into buckets.
Purple needlegrass. No seed was collected in 2020; and no future seed collection is planned. Seed collected from
2009 – 2015 was tested for viability, and results indicated that majority of the seed, collected on-site, had very low
viability. It was determined that seed purchased from a vendor would be a cost-effective method to obtain the
quantities of viable seed necessary for future restoration.
California walnut. No seed from this species was collected in 2020. California walnut is located within the oxbow
area in the proposed 2021 work area. One California walnut tree may be impacted by work activities. If so, seed
will be collected in 2021 and plants propagated.
Serpentine Dudleya. No seed from this species was collected in 2020. All (337) serpentine dudleya that occurred
on site were salvaged in 2015 and donated to the San Luis Obispo Botanical Garden since no suitable habitat
would be present on the project sites after remediation activities.
2.2.5 PLANT SALVAGE
Approximately 1.39 acres of Cambria morning glory, 4.39 acres of San Luis Obispo owl’s clover, and 2.80 acres of
purple needle grass were salvaged from the 2020 work area and placed in a suitable location within the Project site. No
salvaging occurred in areas proposed for Project activities in 2021.
202104_AnnualPre-ActivitySurvey_RPT.docx 2-5
Any areas proposed for Project activities in 2021 with mapped occurrences of special status plants will have the top soil
salvaged. Salvage methods consist of collecting the top 12- to 24-inches of topsoil containing Cambria morning glory
and/or purple needlegrass rhizomes, seed, and/or vegetative plants, with an excavator, dozer, or skid steer. However,
plant salvaging activities will only take place in occurrences growing on clean soils. If plants are near contaminated
soil areas, the salvaged topsoil will either be lab tested and only used if clean or discarded along with the excavated
contaminated soil if found to be impacted. The salvaged material will be immediately transported to a designated
patch population plot chosen based on similar habitat and environmental conditions, and the occurrence of an existing
population adjacent to the transplant plot. The soil will then be raked to achieve a suitable thickness to promote
seedling, rhizome, and root establishment.
2.2.6 WEED MANAGEMENT
Weed management activities will be implemented in accordance with the Landscape Restoration Plan (Padre, 2015a) to
minimize the presence of noxious and non-native plant species within the proposed 2021 work areas. Weed
management activities began in February and March 2021 within the 2021 work areas. A qualified herbicide contractor
will spot spray target species within the 2021 work areas primarily on the steep berms and tank rings.
2.2.7 CALIFORNIA RED-LEGGED FROG SURVEYS
Per CUP COA No.77 (BIO-1b), updated CRLF surveys were conducted immediately prior to ground disturbance in the
2021 disturbance areas. The 2021 CRLF surveys were conducted during the breeding season. A two day and four-
night survey protocol was followed, and as per the Revised Guidance on Site Assessments and Field Surveys for the
California Red-legged (Guidance) published by the USFWS in 2005, surveys were scheduled seven days apart from
one another and took place over a five-week period. The surveys focused on suitable aquatic habitat inside and within
250 feet of the planned work areas. Surveys were conducted by Trihydro biologists Stephanie Seay, Victoria
Trautman, Tori Prado, Kimi Paradis, and Iliana Arroyos on February 3, 10, 17, and 21; and March 2, 2021.
Prior to entering aquatic habitat, Trihydro biologists decontaminated all equipment in accordance with the
Recommended Equipment Decontamination Procedures found in Appendix B of the Guidance to limit the spread of
pathogens and parasites (USFWS, 2005). A Kestrel® 2000 (thermometer and anemometer) was utilized to record
weather data and a Traceable® waterproof thermometer was used to record water temperature data before each survey.
Daytime surveys focused on identifying egg masses, larvae, metamorphs, and metamorphosing sub-adults. Prior to
entering the aquatic habitats, and approximately every 33 meters (m) (100 feet [ft]) within the habitat, Trihydro
2-6 202104_AnnualPre-ActivitySurvey_RPT.docx
biologists stopped to listen for frog calls. Care was taken when entering and exiting the aquatic habitat to avoid
crushing root-balls, overhanging banks, and creek-side vegetation that may have provided shelter for frogs.
Nighttime surveys followed the same approach as the daytime surveys while focusing on identifying sub-adult and
adult CRLF. Trihydro biologists utilized LED Maglite® flashlights (less than 100,000 candle watt) and binoculars
Bushnell® 10X42 and Nikon® 10X42) to detect and identify eye-shine. Trihydro biologists listened for frog calls and
estimated the abundance of each species that was detected. In addition, any observations of potential CRLF predators
were documented on data sheets.
2.2.8 BURROWING OWL
Pre-activity burrowing owl surveys were conducted on February 3, 10, 17, and 21; and March 2 and 29, 2021.
Trihydro biologists systematically surveyed the proposed 2021 work areas and at least 500 feet of surrounding habitat,
searching for owl activity, potential burrows, whitewash, pellets/prey remains, and signs of nesting behavior. In
addition, biologists listened for alarm calls and vocalizations from fledglings.
2.2.9 NESTING BIRD SURVEYS
A preliminary nesting bird survey was conducted in conjunction with the burrowing owl survey completed on March
29, 2020. The survey consisted of walking transects through the proposed 2021 work areas and inspecting trees,
shrubs, and grasslands for nests. During the survey, the biologists listened for bird vocalizations and alarm calls, and
watched for nesting or territorial behaviors. Nesting bird surveys will continue throughout the construction season
whenever vegetation or new ground will be disturbed.
2.2.10 VERNAL POOL FAIRY SHRIMP HABITAT
Project USFWS Biological Opinion (BO; SPL-2014-00444) does not contain any pre-activity survey conditions for
VPFS; however, CUP COA Nos. 77, 78, and 79 require pre-activity surveys and topsoil collection within VPFS habitat
features that will be impacted. After consultation with USFWS, it was concluded that additional VPFS pre-activity
surveys will not be required (Appendix C - vernal pool fairy shrimp Pre-Activity USFWS Consultation Letter). As
such, a desktop survey was completed to identify any VPFS habitat within the proposed 2021 work areas. The desktop
survey also included documenting VPFS inoculum collection pools that may be harvested for 2021 restoration
activities.
All VPFS adjacent to the proposed 2021 work areas will be properly delineated prior to ground disturbance in the area
to avoid incidental impacts. Any impacted VPFS -occupied habitat will be included within the final impact acreages,
202104_AnnualPre-ActivitySurvey_RPT.docx 2-7
reported in the Annual Project Status and Habitat Restoration Monitoring Report, and mitigated as detailed in the
Landscape Restoration Plan (Padre, 2015a).
2.2.11 WETLANDS AND WATERS
The Project RWQCB Section 401 Water Quality Certification (No. 34015WQ06) does not contain any conditions for
conducting pre-activity surveys prior to wetland and waters disturbance, however, CUP COA No. 45 requires that all
wetlands and waters be replaced per the Landscape Restoration Plan (Padre, 2015). As such, a desktop survey was
completed to document the existing waters and wetlands that occur within the proposed 2021 work areas.
202104_AnnualPre-ActivitySurvey_RPT.docx 3-1
3.0 RESULTS
The following discussion includes findings of the 2021 pre-activity biological surveys within the SLO Tank Farm
Figures 3-1, and 3-3).
3.1 SPECIAL-STATUS PLANT SPECIES POPULATION MAPPING
Based on the spring and summer 2020 pre-activity botanical survey of the proposed 2021 work areas, four special-
status plant species were documented to occur within the proposed 2021 work areas and consisted of the following:
Cambria morning glory, San Luis Obispo owl’s clover, and Congdon’s tarplant. Table 3-1 provides the resulting
acreages and locations are shown on Figure 3-1.
3.2 PLANT COMMUNITY FIELD VERIFICATION
Based on the spring and summer 2020 plant community field verification survey, disturbed/ruderal habitat and four
plant communities were documented to occur within the proposed 2021 work areas. These include non-native annual
grassland, palustrine nonpersistent emergent vernal swale/depression, palustrine forested broad-leaf deciduous valley
stream-bank wetland, and serpentine bunch grassland. The plant community boundaries were originally mapped in the
field in 2008. Table 3-2 provides the resulting acreages and Figure 3-2 shows the locations of the community types.
3.3 BLOOM AND SEED STATUS SURVEYS
Bloom and seed status surveys were conducted in spring and summer 2020, as discussed in Methods Section 2.2.3.
The purpose of these surveys was to assist in scheduling seed collection when seed is likely to be mature. The bloom
and seed status surveys conducted in 2020 resulted in successful collection of Congdon’s tarplant mature seed and San
Luis Obispo owl’s clover from 2021 work areas.
3.4 SEED COLLECTION
Special-status plant seed was collected in 2020, as discussed in Methods Section 2.2.4. Collected seed was shipped to
CaliFlora Resources for processing in October 2020. Table 3-3 summarizes the seed collection results.
3.5 PLANT SALVAGE
Cambria morning glory and purple needlegrass populations were salvaged from areas proposed for Project activities in
2020.
3-2 202104_AnnualPre-ActivitySurvey_RPT.docx
Approximately 1.392 acres of Cambria morning glory, 4.387 acres of San Luis Obispo owl’s clover, and 2.795 acres of
purple needle grass were salvaged from the 2020 work area and placed in a suitable location within the Project site.
Salvage methods consisted of collecting the top 12 to 24 inches of topsoil containing Cambria morning glory and/or
purple needlegrass rhizomes, seed, and/or vegetative plants, with an excavator, dozer, or skid steer. Plant salvaging
activities were only completed in populations growing on clean soils. If plant populations to be salvaged within 2020
work areas were near contaminated soil areas, the salvaged topsoil was either lab tested and only used if clean or
discarded along with the excavated contaminated soil. The clean salvaged soil was temporarily stockpiled before being
transported to a recently disturbed area within suitable habitat. Patch population construction methods consisted of
transport of stockpiled material to the designated location, where it was spread to an approximate depth of 12 to
16 inches.
3.6 WEED MANAGEMENT
As observed in the winter/spring of 2020, there were scattered dense patches of invasive, non-native plant species
including yellow star thistle (Centauria solsticialis), Italian thistle (Carduus pycnocephalus), and bristly ox-tongue
Helminthotheca echioides). Dense patches were sprayed with herbicide prior to blooming. In areas that had dense
patches of noxious weeds which had bloomed or were otherwise too mature for effective weed management, irrigation
was installed to promote emergence of the next generation. Upon emergence of the noxious weeds, preliminary
herbicide spraying was completed accompanied by additional rounds of weed management scheduled for the
emergence of future generations.
3.7 CALIFORNIA RED-LEGGED FROG SURVEYS
During day and night-time surveys, surface water was detected in certain wetlands adjacent to and within the proposed
2021 work areas (Figure 3-3). The site received a few early, then late, winter rains. At least two of the early winter
rains were above average rainfall which increased the number, size and depth of wetlands that were inundated during
the winter on the Project site. During the protocol five-week survey period, CRLF habitat was increased on the Project
site due to the early winter rain events with above average rainfall. The majority of the aquatic habitat has been
historically seasonally ponded, with the exception of the East Fork San Luis Obispo Creek (Creek) which runs along
the southern boundary of the Project site and can be described as an intermittent to perennial tributary to the main
channel of San Luis Obispo Creek as described in the Landscape Restoration Plan (Padre, 2015a). Accessibility to the
Creek was limited due to steep banks, barbed-wire fencing, and dense vegetation. Most areas were not surveyed due to
inaccessibility, presence of a homeless encampment near Santa Fe Road, and the health and safety risk posed by
observed hypodermic needles in the Creek during the July 2, 2019 bioassessment sampling event. There are areas with
deep water within the Creek that contained significant emergent vegetation for breeding or for refuge. No standing
202104_AnnualPre-ActivitySurvey_RPT.docx 3-3
water was present in or around those oxbow areas. The East Fork of San Luis Obispo Creek adjacent to work areas
shall be protected as described in the Landscape Restoration Plan (Padre, 2015) and the SWPPP (Trihydro, 2021).
Morning biological clearances, as well as ongoing biological monitoring, will occur prior to ground disturbance
activities as well as pre-construction vegetation clearance activities to ensure wildlife are not impacted due to
construction activities.
Trihydro biologists physically observed and heard approximately 7 adult Sierran treefrogs (Pseudacris sierra) during
day surveys. No amphibian egg masses, or larvae were observed within the 2021 project area, but many were observed
throughout the Tank Farm Site. During night eye-shine surveys, Trihydro biologists observed and heard approximately
1,300 adult Sierran treefrogs. California red-legged frog were not observed in any of the survey wetlands or
surrounding habitat during day- or night-time surveys.
Trihydro biologists identified sign of CRLF predators including American bullfrog (Lithobates catesbeianus), crayfish
Pacifastacus leniusculus), raccoon (Procyon lotor), and migratory shorebirds (i.e., Lesser yellowlegs (Tringa flavipes),
great blue heron (Ardea herodias), and black-crowned night-heron (Nycticorax nycticorax). Trihydro biologists did not
observe CRLF. Appendix D contains detailed data sheets for each of the survey events.
3.8 BURROWING OWL SURVEYS
Burrowing owl surveys were conducted by Stephanie Seay, Victoria Trautman, Tori Prado, Kimi Paradis, and Iliana
Arroyos on February 3, 10, 17, and 21; and March 2 and 29, 2021. No burrowing owls were observed during any of
the day or night surveys.
Historically, burrowing owl have occupied the site during the non-breeding season; however, additional biological
clearance surveys will be conducted to identify any owl nesting activity prior to Project activities within the nesting
season. These results will be included in weekly Project status updates.
3.9 NESTING BIRD SURVEYS
No active nests or nesting behavior were observed within the proposed 2021 work areas during the March 29, 2019
nesting bird survey; however, several birds were observed foraging or hunting within the survey areas. Species
observed included, but were not limited to, red-tailed hawk (Buteo jamaicensis), Northern harrier (Circus cyaneus),
great blue heron (Ardea herodias), Pacific-slope flycatcher (Empidonax difficilis), common yellowthroat (Geothlypis
trichas), western bluebird (Sialia mexicana), Hutton’s vireo (Vireo huttoni), and Anna’s hummingbird (Calypte anna).
3-4 202104_AnnualPre-ActivitySurvey_RPT.docx
Additional nesting bird surveys will be conducted throughout the nesting bird season (February 15 through August 31),
or until Project activities are complete for the year, whichever comes first.
3.10 VERNAL POOL FAIRY SHRIMP HABITAT
There are six VPFS feature (FS-35, FS-36, FS-64, FS-65, FS-66, and FS-67) within the proposed 2021 work areas that
are designated for complete collection of VPFS-inoculum topsoil prior to remediation impacts as described in the
Vernal Pool Habitat Restoration and Monitoring Plan (Appendix H of the Landscape Restoration Plan [Padre, 2015a]).
One pool, FS-55, will be partially disturbed during south side creek restoration activities. In this case, only the topsoil
of the disturbed areas of this pool is collected and used to inoculate created pools within the Reservoir 3 restoration
area. Lastly, pool FS-62 will be fully impacted, but topsoil from this pool will be partially collected during the
proposed 2021 work activities. FS-62 holds areas of surface contamination; however, contamination does not occur
throughout the entire pool. Soils which are documented (LSA, 2014) to contain moderate-high cyst density within
FS-62 will be collected if the soil is determined to be contaminant-free. This salvaged soil will be used in VPFS habitat
restoration. During on-site remediation, inoculum collection in areas with surface contamination is conducted when the
need for additional inoculum is identified (e.g., for remedial efforts during the monitoring phase). All VPFS habitat
and their buffers adjacent to the proposed 2021 work areas will be properly delineated prior to ground disturbance in
the area to avoid incidental impacts. Any impacted vernal pool fairy shrimp-occupied habitat will be included within
the final impact acreages, reported in the Annual Monitoring Report, and mitigated as detailed in the Landscape
Restoration Plan (Padre, 2015).
3.11 WETLANDS AND WATERS
U.S. Army Corps of Engineers jurisdictional and non-jurisdictional wetlands and waters occur within the proposed
2021 work areas. Ground disturbance within wetlands will be conducted outside of rain events, when wetlands are dry,
and completed in compliance with all permit conditions. Limits of protected and preserved wetland habitats adjacent to
the work areas will be delineated to avoid incidental impacts to wetlands that were not permitted for disturbance. The
wetlands and waters within the SLO Tank Farm property were delineated and recorded in 2008. Figure 3-3 shows the
locations of wetlands and waters within the 2021 work areas.
202104_AnnualPre-ActivitySurvey_RPT.docx 4-1
4.0 DISCUSSION
Biological pre-activity surveys were conducted within and adjacent to the proposed Reservoir 3 area, Oxbow Areas 1,
2, 3, and 4, and vegetation and clean soil stockpile area from February through March 2021 for the purpose of
documenting the extent of special-status plant populations and plant communities, nesting bird activity, burrowing owl
presence, and California red-legged frog presence prior to the initiation of Project activities. The botanical results of
the last year’s 2020 pre-activity survey are included in this Report and representative of the distribution and abundance
of special-status plants and plant communities within the proposed 2021 work areas. Mapped special-status plant
species include Cambria morning glory, San Luis Obispo owl’s clover, and Congdon’s tarplant. Plant communities
occurring within the proposed 2021 work areas were verified and are consistent with the pre-existing communities
mapped in 2008. Following documentation of the special-status species within the proposed 2021 work areas, salvage
or seed collection was conducted as part of restoration and to satisfy CUP COA No. 43. The mapped acreages and
quantity of seed collected are as follows:
Cambria morning glory = 0.06 acres, no seed collected in 2020
San Luis Obispo owl’s clover = 0.12 acres, 0.05 ounces of seed collected in 2020
Congdon’s tarplant = 0.74 acres, 23 lbs. of seed collected in 2020
Special-status wildlife observed during pre-activity surveys included burrowing owl, white-tailed kite, northern harrier,
loggerhead shrike, and bald eagle. No active nests or nesting bird activity was observed during these surveys; however,
nesting bird and burrowing owl surveys will be conducted during morning biological clearance surveys throughout the
duration of the Project.
Within the proposed 2021 work areas, there are 0.07 acres of waters/wetlands under federal Clean Water Act (CWA)
jurisdiction and 4.19 acres of non-jurisdictional wetlands and waters. Wetland habitat was surveyed and no CRLF
were identified during day or night surveys. Based on these results and previous survey results, it is unlikely that
CRLF will be encountered during Project activities. In addition, there are two VPFS features within the proposed 2021
work areas; however, no pre-activity vernal pool fairy shrimp surveys are required (Padre, 2015a; Appendix C). All
VPFS adjacent to the proposed 2021 work areas will be properly delineated prior to ground disturbance in the area to
avoid impacts.
All wildlife conflicts, impacts, observations, and botanical impact acreages, and wetland and waters impacts will be
documented in the Annual Biological Monitoring Report, to be submitted following the completion of 2021 Project
activities.
202104_AnnualPre-ActivitySurvey_RPT.docx 5-1
5.0 REFERENCES
California Department of Fish and Wildlife (CDFW). 2021. California Natural Diversity Database (CNDDB) Query
of San Luis Obispo County.
California Native Plant Society, Rare Plant Program. 2019. Inventory of Rare and Endangered Plants of California
online edition, v8-03 0.39). Website http://www.rareplants.cnps.org [accessed 14 March 2019].
Padre Associates, Inc. (Padre) and WSP Environment & Energy (WSP). 2008. Description and Analysis of the
Botanical Resources, Including Vascular Plant Species of Conservation Concern, at the Chevron Tank Farm
Facility, San Luis Obispo, California. Consultant’s report developed for CEMC, San Luis Obispo, California.
Padre Associates, Inc. (Padre). 2014. California Red-legged Frog Survey Report for the Chevron San Luis Obispo
Tank Farm, San Luis Obispo County, California. Prepared for CEMC, San Luis Obispo, California.
Padre Associates, Inc. (Padre). 2015a. Landscape Restoration Plan, Chevron San Luis Obispo Tank Farm
Remediation, Restoration, and Development Project, San Luis Obispo County, California. April 2015.
Padre Associates, Inc. (Padre). 2015b. Pre-Activity Botanical Resources Survey Guidelines for Special-Status Plants
and Plant Communities. In-house document prepared by Padre, 2015.
Padre Associates, Inc. (Padre). 2016. 2016 Pre-Activity Biological Survey Report, Reservoir 2, Entrance
Improvements, and Electrical Line Connection to Waterwell. Chevron San Luis Obispo Tank Farm
Remediation and Restoration Project, San Luis Obispo County, California. August 2016.
Padre Associates, Inc. (Padre). 2017. 2017 Pre-Activity Biological Survey Report, Reservoir 4 Demolition and
Grading, and Waterline Installation, Chevron San Luis Obispo Tank Farm Remediation and Restoration
Project, San Luis Obispo County, California. March 2017.
Padre Associates, Inc. (Padre). 2018. Biological Resources Monitoring 2017 Annual Summary Report, Chevron San
Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo County, California. January
2018.
5-2 202104_AnnualPre-ActivitySurvey_RPT.docx
Padre Associates, Inc. (Padre). 2019. Biological Resources Monitoring 2018 Annual Summary Report, Chevron San
Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo County, California. March
2019.
San Luis Obispo County, Department of Building and Planning. 2014. Notice of Final County Action; Conditional
Use Permit (County File Number DRC2013-00056). Letter dated October 28, 2014.
Trihydro Corporation (Trihydro). 2019. 2019 Pre-Activity Biological Survey Report, North Marsh Area Demolition,
Grading and Restoration, San Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo
County, California. April 2019.
Trihydro Corporation (Trihydro). 2020. 2020 Pre-Activity Biological Survey Report, Reservoir 3 Area Demolition,
Grading and Restoration, San Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo
County, California. March 2020.
Trihydro Corporation (Trihydro). 2020. Biological Resources Monitoring 2019 Annual Summary Report, Chevron
San Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo County, California. April
2020.
United States Fish and Wildlife Service (USFWS). 2005. Revised Guidance on Site Assessments and Field Surveys
for the California Red-legged Frog. August 2005. https://www.fws.gov/sacramento/es/Survey-Protocols-
Guidelines/Documents/crf_survey_guidance_aug2005.pdf [accessed 27 February 2020].
TABLES
TABLE 2-1. SUMMARY OF 2020-2021 FIELD ACTIVITIES
202104_TABLE 2-1_TBL-2-1.docx 1 of 1
Survey Dates Field Activity Biological Staff
May 5, 7, 8, 11, 20, 27;
June 9; August 10;
October 10, 11, 19;
November 2, 3, 2020
Plant Bloom and Seed Status Surveys M. Thule and I. Arroyos
June 9, 2020 Plant Community Verification Survey M. Thule
June 9, 2020 Sensitive Plant Mapping Survey M. Thule
February 3, 2021 California red-legged frog Survey (day and
night); Burrowing Owl Survey
S. Seay and V. Trautman
February 10, 2021 California red-legged frog Survey (night);
Burrowing Owl Survey
S. Seay and T. Prado
February 17, 2021 California red-legged frog Survey (night);
Burrowing Owl Survey
S. Seay and I. Arroyos
March 2, 2021 California red-legged frog Survey (day and
night); Burrowing Owl Survey
K. Paradis and I. Arroyos
March 9, 2021 Special-status plant mapping reconnaissance
survey – Cambria morning glory, Owl’s clover
I. Arroyos
March 9, 2021 Plant community mapping verification survey I. Arroyos
March 29, 2021 Nesting Bird Survey J. Donaldson, I. Arroyos
TABLE 3-1. SPECIAL-STATUS PLANT ACREAGES WITHIN PROPOSED WORK AREAS
202104_TABLE 3-1_TBL-3-1.docx 1 of 1
Species1 Acres Work Area(s)
Cambria Morning Glory 0.06 Oxbow3
San Luis Obispo owl’s clover 0.12 Reservoir 3
Congdon’s tarplant 0.74 Reservoir 3
Purple needlegrass No occurrences within proposed work areas
Hoover’s button celery No occurrences within proposed work areas
San Luis Obispo serpentine
dudleya All SLO serpentine dudleya salvaged in 2015
California walnut No occurrences within proposed work areas
Note:
1 2020 work area overlayed onto populations mapped in spring and summer 2017-2020 (Figure 3-1).
TABLE 3-2. PLANT COMMUNITY ACREAGES WITHIN PROPOSED WORK AREAS
202104_TABLE 3-2_TBL-3-2.docx 1 of 1
Plant Community Acres Work Area(s)
Non-native annual grassland 7.65 Oxbow, Reservoir 3
Palustrine nonpersistent emergent vernal
swale/depression
4.22 Reservoir 3, Borrow
Area #2
Palustrine Forested broad-leaf deciduous valley stream-
bank wetland 0.06 Oxbow
Palustrine Scrub-Shrub Broad-leaf Deciduous Valley
Stream-Bank Wetland 0.02 Oxbow
Serpentine rock outcrop Does not occur in proposed work areas
Palustrine persistent emergent vernal freshwater marsh Does not occur in proposed work areas
TABLE 3-3. SUMMARY OF SEED COLLECTED IN 2020
202104_TABLE 3-3_TBL-3-3.docx 1 of 1
Species Date(s) collected Processed
Quantity Tested
San Luis Obispo owl’s
clover
May 0.5 oz. No
Congdon’s tarplant August - October 23lbs. No
Hoover’s button celery No seed collected; plants located outside of proposed work areas.
Cambria morning glory No seed collected
Purple needlegrass No seed collected; will purchase seed for restoration.
San Luis Obispo
serpentine dudleya1
All SLO serpentine dudleya salvaged in 2015.
California walnut No seed collected; trees located outside of proposed work areas.
Note:
1 See summary in Annual Pre-Activity Biological Survey Report (Padre, 2016)
FIGURES
Last exported to pdf from ArcGIS Pro by kjordan on 3/31/2021, 3:57 PM.
1252 Commerce Drive
Laramie, WY 82070
www.trihydro.com
P) 307/745.7474 (F) 307/745.7729
File: 3-1_SpecialStatusPlants_Fig3-1TRIHYDRO.COM\CLIENTS\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\
2021\2021.APRXDate: 3/31/
21Scale: 1" = 600'Checked By:
MTDrawn By: KEJ SAN
LUIS OBISPO
TANK FARM SAN
LUIS OBISPO COUNTY,
CA PRE-
ACTIVITY
BOTANICAL SURVEY RESULTS
MAP SPECIAL-STATUS
PLANTS FIGURE 3-
1 0 600 'EXPLANATION
2021 DISTURBANCE
AREA
PROJECT SITE BOUNDARY CONGDON'
S TARPLANT HOOVER'S
BUTTON CELERY PURPLE NEEDLEGRASS GRASSLAND SLO
Last exported to pdf from ArcGIS Pro by kjordan on 3/31/2021, 3:57 PM.
1252 Commerce Drive
Laramie, WY 82070
www.trihydro.com
P) 307/745.7474 (F) 307/745.7729
File: 3-2_PlantCommunities_Fig3-2TRIHYDRO.COM\CLIENTS\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\
2021\2021.APRXDate: 3/31/
21Scale: 1" = 600'Checked By:
MTDrawn By: KEJ SAN
LUIS OBISPO
TANK FARM
SAN LUIS OBISPO
COUNTY, CA
PRE-
ACTIVITY BOTANICAL SURVEY
RESULTS MAP PLANT
COMMUNITIES FIGURE 3-2
0 600 'EXPLANATION 2021
DISTURBANCE
AREA PROJECT SITE
BOUNDARY PALUSTRINE FORESTED
BROAD-LEAF DECIDUOUS
VALLEY STREAM-BANK
WETLAND PALUSTRINE NONPERSISTANT EMERGENT VERNAL
SWALE/POOL PALUSTRINE PERSISTENT
EMERGENT
VERNAL FRESHWATER MARSH
PALUSTRINE SCRUB-SHRUB BROAD-
LEAF DECIDUOUS VALLEY STREAM-BANK WETLAND
Last exported to pdf from ArcGIS Pro by kjordan on 3/31/2021, 3:55 PM.
1252 Commerce Drive
Laramie, WY 82070
www.trihydro.com
P) 307/745.7474 (F) 307/745.7729
File: 3-3_SpecialStatusWildlife_Fig3-3TRIHYDRO.COM\CLIENTS\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\
2021\2021.APRXDate: 3/31/
21Scale: 1" = 600'Checked By:
MTDrawn By: KEJ SAN
LUIS OBISPO
TANK FARM SAN
LUIS OBISPO COUNTY,
CA PRE-
ACTIVITY
BIOLOGICAL SURVEY
RESULTS MAP SPECIAL-
STATUS WILDLIFE FIGURE
3-3 0 600 '
EXPLANATION
BURROWING OWL 2021 DISTURBANCE
AREA PROJECT SITE
BOUNDARY CALIFORNIA
RED-LEGGED FROG HABITAT
VERNAL POOL FAIRY
SHRIMP OCCUPIED
POOL (OUTSIDE DISTURBANCE AREA)VERNAL POOL
APPENDIX A
BOTANICAL SURVEY GUIDELINES
Chevron San Luis Obispo Tank Farm Remediation, Restoration Project
Pre-Activity Botanical Survey Guidelines
Project No. 1301-0307
1 -
PRE-ACTIVITY BOTANICAL SURVEY GUIDELINES FOR
SPECIAL-STATUS SPECIES AND PLANT COMMUNITIES
The following outlines the background information, monitoring methodology, and
reporting tasks associated with pre-activity botanical surveys at the Project site. The purpose of
a botanical pre-activity survey is to document the location and acreage of special-status plant
populations and plant communities to be impacted within the Project site.
GUIDANCE AND REGULATIONS
Pre-activity surveys will be completed within the appropriate season prior to the onset of
initial ground disturbance activity conducted at the Project site. Botanical pre-activity surveys
will be conducted within the disturbance areas per the Project Final Environmental Impact
Report (EIR) Conditions of Approval BIO-1b, which states:
The Applicant shall conduct updated surveys of sensitive species habitats (including
sensitive plant species, CRLF, wetland habitat, and VPFS habitat) within the Project Site
within the appropriate season immediately prior to the onset of any ground disturbances
associated with the Project in order to evaluate the current occupancy of suitable habitat
for sensitive species and to refine the final habitat mitigation replacement acreages.
Updated surveys for federally listed species shall be completed per the timing and
methodology specified by resource agency protocol”.
As stated above, and as including in the Project Landscape Restoration Plan botanical
pre-activity surveys will be conducted prior to disturbance, to determine the acreages of special-
status species and plant communities that are proposed to be impacted. The resulting acreage
values may be used to refine target acreages. Special-status species population target
densities will not be re-evaluated, as they are expressed as set “target densities” in the Success
Criteria outlined in the Landscape Restoration Plan.
SURVEY METHODS
Prior to conducting field surveys, a Job Safety Analysis (JSA) will be completed for all
activities. All personal protective equipment (PPE) will be dawn per the Project health and
safety plan (HASP). The JSA and HASP will be on the field personnel during all field activities.
Field survey standard operational plans (SOPs) will be reviewed as necessary prior to
conducting activities.
During pre-activity botanical surveys, the limits of the special-status species populations
will be surveyed using a hand-held GPS unit and qualitative assessments of special-status
species populations will be completed within the immediate disturbance area per Project phase.
Qualitative assessments of the special-status species populations will include documentation of
species composition, general location notes, and overall health and vigor of the population.
Plant communities mapped in 2009 will be field verified and any major shifts in the extent of the
Chevron San Luis Obispo Tank Farm Remediation, Restoration, and Development Project
Pre-Activity Botanical Survey Guidelines
Project No. 1301-0306
2 -
communities may be mapped, as necessary. Representative photographs will be taken of
special-status species populations and plant communities within the proposed disturbance area.
Special-Status Species
The procedures for special-status species population surveys include both survey of the
population size and location, and qualitative assessment, and are described in this section.
1. Reconnaissance survey. Qualitative assessment within the proposed disturbance
area to determine blooming status of special-status species. Assessments will be
completed during appropriate blooming periods as illustrated in Table 1.
Table 1. Blooming Period for Special-Status Plant Species
Blooming Period (month)
Plant Species (Common Name) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Cambria morning glory
San Luis Obispo owl’s clover
Congdon’s tarplant
Hoover’s button-celery
Purple needlegrass
2. Survey extent of the population. During the peak of the blooming season for each
special-status species population, biologists will survey the extent of the population
within the proposed disturbance area using a hand-held GPS unit. Pin flags will be
used to mark boundaries and will be removed following mapping.
3. Data Collection/GPS Documentation. Data collection in the GPS unit will be saved in
a corresponding folder specific to the year in which the survey was collected. The
code system as described in Table 2 will be used to identify each population and
saved in the year’s folder.
Table 2. Special-Status Species Population GPF Filename Codes
Representative GPS Filename for Special-Status Species Populations: “ SLOTF SSS 2015”
Species GPS ID Code
Cambria Morning Glory (Calystegia subacaulis ssp. episcopalis ) CASUE
SLO Owl’s Clover (Castilleja densiflora ssp. obispoensis) CADEO
Congdon’s tarplant (Centromadia parryi ssp. congdonii ) CEPAC
Hoover’s button celery (Eryngium aristutalum var. hooveri) ERAR
Purple needlegrass (Stipa pulchra) STPU
SLO Serpentine dudleya (Dudleya abramsii ssp. bettinae) DUAB
California walnut (Juglans californica) JUCA
Chevron San Luis Obispo Tank Farm Remediation, Restoration, and Development Project
Pre-Activity Botanical Survey Guidelines
Project No. 1301-0306
3 -
4. Qualitative Botanical Assessment. Record the dominant plant species that occur
within the populations, environmental conditions, estimate percent bloom, and soil
moisture. This data is for informational purposes only and will be used to document
seasonal and yearly changes in site conditions throughout the Project duration and
may be useful for restoration planning.
5. Photographs. Representational photographs will be taken of populations within the
proposed disturbance area.
Plant Communities
The procedures for plant community surveys include a representative qualitative
assessment and field verification of previously mapped boundaries, as described below. Plant
communities follow the nomenclature used in the 2008 SLO Tank Farm Botanical Report.
1. Field verification of plant community boundaries. Using a field copy of the previously
mapped plant communities, representative portions of the plant communities will be
verified. If significant discrepancies between the reference map and the field
conditions are observed, the extent of the community may be re-surveyed.
2. Survey extent of the community. Biologists will survey the extent of the community
within the proposed disturbance area using a hand-held GPS unit. Pin flags will be
used to mark boundaries and will be removed following mapping. Communities will
only be surveyed if there are significant changes in community size or location.
3. Data Collection/GPS Documentation. For communities that have significant changes
in population size/location, data collection in the GPS unit will be saved in a
corresponding folder specific to the year in which the survey was collected. The code
system as described in Table 3 will be used to identify each community and saved in
the year’s folder.
Table 3. Plant Community GPS Filename Codes
Representative GPS Filename for Plant Community Polygons: “SLOTF PC 2015”
Plant Community (PC) GPS ID Code
Non-native annual grassland GRASS
Serpentine bunchgrass grassland SERP
Palustrine persistent emergent vernal freshwater marsh VERMAR
Palustrine nonpersistent emergent vernal swale/pool VERNPOOL
Palustrine scrub-shrub broad-leaf deciduous valley stream-bank wetland SCRUBWET
Palustrine Forested broad-leaf deciduous valley stream-bank wetland WOODWET
Serpentine rock outcrop ROCK
Urban/Ruderal RUD
Chevron San Luis Obispo Tank Farm Remediation, Restoration, and Development Project
Pre-Activity Botanical Survey Guidelines
Project No. 1301-0306
4 -
4. Qualitative Botanical Assessment. Record the dominant plant species that occur
within the community and environmental conditions. This data is for informational
purposes only and will be used to document seasonal and yearly changes in site
conditions throughout the Project duration and may be useful for restoration
planning.
5. Photographs. Representational photographs will be taken of all communities within
the disturbance area.
Chevron San Luis Obispo Tank Farm Remediation, Restoration, and Development Project
Pre-Activity Botanical Survey Guidelines
Project No. 1301-0306
5 -
FIELD MATERIALS CHECKLIST
Trimbel GeoXT GPS Unit
Camera
Field Data Sheet
Pin flags
JSA/HASP
PPE
Plastic bags for plant collection; if needed for positive identification using dissecting
scope
Field maps (PDF and/or hard copy):
1. SLOTF aerial with property boundary and existing plant communities (2008);
2. SLOTF aerial with property boundary and existing special-status plant
populations (2008); and
3. SLOTF aerial with illustrated Project disturbance limits for the given year.
REPORTING
The resulting data will be used to generate an annual botanical resources report that
may be used to support Project permit reporting requirements. The annual botanical resources
report will provide a summary of botanical surveys completed within the year and associated
figures, data sheets, and photographs. The report will include a summary of survey methods,
including survey boundaries. The survey results, previously mapped plant communities, and
proposed Project disturbance limits will be included in figures.
APPENDIX B
SITE PHOTOGRAPHS
APPENDIX B. SITE PHOTOGRAPHS
2-202103_SitePhotos_APP-B.docx 1 of 2
Photo 1. Oxbow 3 – vegetation clearing; aspect southeast.
Photo taken 02/18/2020.
Photo 2. North Marsh – Two white-tailed kites; aspect south. Date: 9/11/2020.
APPENDIX B. SITE PHOTOGRAPHS
2 of 2 2-202103_SitePhotos_APP-B.docx
Photo 3. San Luis Obispo owl’s clover - pollination.
Photo taken 04/30/2020.
Photo 4. Pre-activity botanical survey site conditions; Congdon’s tarplant seed.
APPENDIX C
VERNAL POOL FAIRY SHRIMP PRE-ACTIVITY CONSULTATION LETTER
United States Department of the Interior tFtk’1
FISH AND WILDLIFE SERVICE
Ventura Fish and Wildlife Office
3.2493 Portola Road,Suite B
Ventura,California 93003
IN REPLY REFER TO:
O$EVENOO-2016-CPA-0061
January 25,2016
Sarah Powell
Padre Associates,Inc.
369 Pacific Street
San Luis Obispo,California 93401
Subject:Pre-activity surveys for vernal pooi fairy shrimp at Chevron’s San Luis Obispo
Tank Farm site
Ms.Powell:
This correspondence responds to your letter dated November 13,2015,that requestsourguidanceregardingtheneedforadditionalsurveysforvernalpooifairyshrimp(&anchinectalynchi;VPFS)at Chevron’s San Luis Obispo Tank Farm site located at 276 Tank Farm Road,
County of San Luis Obispo,California.The site is within a decommissioned oil facility
originally owned by Union Oil,which reorganized as Unocal in the 19$Os,and was purchasedbyChevronin2005.This approximately 340-acre site was previously used to store petroleum,andotherrelatedproductsalthoughthestoragetanksandotherinfrastructurehavebeenremoved.
Much of the surrounding area is largely undeveloped land that has historically been usedforlivestockgrazingwiththeSanLuisObispoAirportlocatedtothesoutheast.Lands to theeastandwesthavebeendevelopedforresidential,commercial and light industrial uses.
As you are aware,Chevron staff and their consultants have been working with Julie Vanderwier
and Jenny Marek of the U.S.Fish and Wildlife Service’s (Service)office in Ventura to ensure
endangered species compliance as part of the proposed site remediation and development
project.The remediation project would address soil and groundwater contamination identified as
potential human health or ecological risks agreed upon by resources agencies who participated in
a highly collaborative process.Development would involve the creation of both business park
and service commercial uses.Of particular concern relative to project implementation is the
presence of the federally threatened VPFS,an invertebrate species first identified in some of the
seasonally inundated features on Chevron’s property in 2003.Surveys indicate that 32.6 acres of
habitat variously occupied by VPFS is present onsite.
In 2011,in consultation with the U.S.Army Corps of Engineers (Corps),the Service issued
biological opinion 8-8-1 0-F-63 that analyzed the effects to VPFS from investigations necessary
to characterize cultural resources and onsite soils as part of the preparation of an environmental
impact report (EIR)for the proposed remediation and development project.It was our conclusion
that the proposed action was not likely to jeopardize the continued existence of vernal pooi fairy
Sarah Powell 2
shrimp.The final EIR (FEIR;Marine Research Specialists 2013)for the remediation and
development project was completed in 2013.Currently,we are in consultation with the Corps
regarding the effects to VPFS that would result from their issuance of a permit for this same
project.
Relevant to VPFS,it has come to our attention that two mitigation measures included in the
FEIR for the remediation and development project have been made conditions of Conditional
Use Permit DRC2O13-00056 issued by the County of San Luis Obispo.These conditions (#77
FEW BIO-lb]and #78 [fEIR BlO ii])require that,prior to the commencement of grading or
other construction activities,the applicant conduct updated surveys for VPf S and its habitat
Marine Research Specialists 2013).The following table provides information regarding wet and
dry season surveys that have been conducted for VPFS onsite to-date.
VPFS Survey History at the SLO Tank Farm Site
VPFS Survey Survey Results and Report Reference
Initial wet and dry season surveys conducted at 60 of $6 potential habitat features sampled were
the SLO Tank Farm Site between 2003 and 2005.determined to support the VPf S (Rincon 2005).
Supplemental surveys of previously unoccupied 5 of 24 previously unoccupied habitat features
habitat requested by the U$FWS and conducted included in the surveys were determined to
during the 2011/2012 wet season.support the VPFS (Padre 2012).
Wet and dry season surveys of offsite potential No VPF$individuals or eggs were found in offsite
habitat (Garcia Property)conducted between potential habitat (Padre 2013a;Padre 20l4a;
2012 and 2015.Padre 2015a).
Dry season surveys conducted as part of the Cyst Determined cyst density of occupied features
Density Study.onsite for the purposes of designing a prioritized
topsoil collection plan (LSA 2014).
Cultural Resource Surveys,Soil Assessment,and Eight of ten monitored features met performance
Waste Characterization Project Post-Construction criteria for successful restoration of habitat
VPFS Monitoring.hydroperiod and one of three monitored features
consistently met the VPFS performance criteria
Padre 2013b;Padre 2014b;Padre 2015b).
It is our opinion that these surveys are adequate to characterize site use by this species,to inform
effects analyses necessary for our consultation with the Corps,and to inform the preparation and
implementation of a restoration plan intended to improve site conditions for VPFS.When
considering project effects to this species,we use occupied habitat as a surrogate as it is not
possible to estimate take of individuals and will therefore be focused on the restoration of habitat
Sarah Powell 3
that can support vernal pooi fairy shrimp in the long-term.We cannot speak to the
appropriateness of the conditions contained in the CUP;however,we do not believe that
additional surveys will add significantly to our knowledge regarding use of this site by VPF$or
be necessary to develop and implement the required restoration plan.As part of our discussions
with Chevron and the County and City of San Luis Obispo over the years,we have consistently
maintained that it was not our desire to see the effects and/or take of this species be compensated
for using an established ratio.Rather,in order to further species recovery,it was our desire to see
an increase in the value and function of onsite habitat that would be managed for persistence of
VPFS in perpetuity.As such,minor adjustments to occupied habitat are not considered important
to the continued existence of vernal pooi fairy shrimp within the project area post-project
completion.Rather,one of the specific goals of the draft habitat restoration plan is to increasethevalueandfunctionofhabitatforVPFS.
Because we do not believe that pre-activity surveys for VPFS and their habitat would provide
substantially different information regarding species presence onsite and because our guidance
allows for flexibility as to when we would ask for surveys to be conducted,we do not think
thatitisnecessarytoconductadditionalsurveysandconsiderthattheexistingdataissufficientforustocompleteourconsultationwiththeCorpsregardingprojectimplementation.
If you have any questions regarding this determination or the ongoing consultation,pleasecontactMs.Vanderwier at ($05)644-1766,extension 222.She may also be contacted usingemailatthisaddress:julie_vanderwierfws.gov.
Sincerely,
Glen W.Knowles
Assistant Field Supervisor
ecc:
Crystahi Taylor,Padre Associates
Jenny Marek,Ventura Fish and Wildlife Office
LITERATURE CITED
LSA Associates,Inc [LSAJ.2014.Chevron San Luis Obispo Tank Farm Vernal Pool
Branchiopod Cyst Density Study,October,2014.
Marine Research Specialists.2013.Chevron Tank Farm Remediation and Development Project
Final Environmental Impact Report (FEIR).Prepared For:City of San Luis Obispo
County of San Luis Obispo (SCH #200903 1001).
Padre Associates,Inc [Padre].2012.90-Day Report on Wet Season Vernal Pool Branchiopod
Surveys for the San Luis Obispo Tank Farm Site,San Luis Obispo,CA (USFWS
Reference Nos.81440-2009-B-0180 [Chevron Tank Farm];$1440-2010-B-0026
Powell];81440-2009-B-0049 [Thomas]).Consultant’s Report for U.S.Fish and Wildlife
Service.June,2012.
Padre Associates,Inc [Padre].2013a.90-Day Report on Wet Season Vernal Pool Branchiopod
Surveys for the Offsite Impact Area at the Chevron San Luis Obispo Tank Farm Site,San
Luis Obispo,California (USFWS Reference Nos.$1 440-2009-B-0 120 [Chevron Tank
Farm];81440-2010-B-0026 [Powell];81440-2009-B-0049 [Thomas]).Consultant’s
Report for U.S.Fish and Wildlife Service.July,2013.
Padre Associates,Inc [Padre].2013b.2012/2013 Wet Season (Year-i)VPFS Monitoring Report
for the San Luis Obispo Tank Farm Cultural Resources Survey and Waste
Characterization Survey Projects.Consultant’s Monitoring Report prepared for U.S.Fish
and Wildlife Service.September,2012.
Padre Associates,Inc [Padre].20l4a.90-Day Report on Wet Season Vernal Pool Branchiopod
Surveys for the Offsite Impact Area at the Chevron San Luis Obispo Tank Farm Site,San
Luis Obispo,California (USFWS Reference Nos.81440-2009-3-0180 [Chevron Tank
Farm];81440-2010-B-0026 [Powell];81440-2009-B-0049 [Thomas])—Statement of No
Survey Activity.Consultant’s Report for U.S.Fish and Wildlife Service.July,2014.
Padre Associates,Inc [Padre].2014b.2013/2014 Wet Season VPFS Monitoring Report (Year-2)
for the San Luis Obispo Tank Farm Cultural Resources Survey and Waste
Characterization Survey Projects.Consultant’s Monitoring Report prepared for U.S.Fish
and Wildlife Service.August,2014.
Padre Associates,Inc [Padre].201 5a.90-Day Report on Wet Season Vernal Pool Branchiopod
Surveys for the Offsite Impact Area at the Chevron San Luis Obispo Tank Farm Project
Site,San Luis Obispo,California (USFWS Reference Nos.81440-2009-B-0180
Chevron Tank Farm];81440-2010-B-0026 [Powell]).Consultant’s Report for U.S.Fish
and Wildlife Service.June,2015.
Padre Associates,Inc [Padre].20155.2014/2015 Wet Season VPF$Monitoring Report (Year-3)
for the Cultural Resources Survey and Waste Characterization Survey Projects at the San
Luis Obispo Tank Farm.Consultant’s Monitoring Report prepared for U.S.Fish and
Wildlife Service.June,2015.
Rincon Consultants,Inc [Rincon].2005.Unocal Corporation San Luis Obispo Tank Farm
Comprehensive Fairy Shrimp Wet and Dry Season Survey Report.Consultant’s report
prepared for Union Oil Company.San Luis Obispo,CA.
APPENDIX D
CALIFORNIA RED-LEGGED FROG PRE-ACTIVITY SURVEY DATA SHEETS