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HomeMy WebLinkAbout202204_AnnualPre-ActivitySurvey_RPT202204_AnnualPre-ActivitySurvey_RPT.docx 2022 PRE-ACTIVITY BIOLOGICAL SURVEY REPORT RESERVOIR 5 AND 7 AREAS DEMOLITION, GRADING AND RESTORATION SAN LUIS OBISPO TANK FARM REMEDIATION AND RESTORATION PROJECT SAN LUIS OBISPO COUNTY, CALIFORNIA April 1, 2022 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 202204_AnnualPre-ActivitySurvey_RPT.docx AUTHENTICITY AND SIGNATURE PAGE Trihydro Corporation hereby certifies that all statements furnished in the following Pre-Activity Biological Resources 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 Company, San Luis Obispo County, California. Scott McAlpin Galen Pelzmann Project Geologist Biologist Stephanie Seay Compliance & Permitting/Biologist 202204_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 202204_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 202204_AnnualPre-ActivitySurvey_RPT.docx List of Tables 2-1. Summary of 2021-2022 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 2021 202204_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 202204_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 202204_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 and Real Estate 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 2022 Project activities within the Reservoir 5 and 7 areas, and vegetation and clean soil stockpile area. Oxbow Areas 1, 2, 3, and 4, and Tank Farm Creek Realignment activities have been included in this Report; however, activities associated with these areas are dependent upon permit issuance and construction scheduling constraints. Due to permit issuance and scheduling constraints, activities within these areas will be conducted in 2023. The 2022 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, etc.), and remediation and restoration of the Reservoir 5 and 7 areas. Per the County of San Luis Obispo Conditional Use Permit (DRC2013-00056), Amended Conditional Use Permit CUP; DRC2015-00067) Condition of Approval (COA) Numbers (No.) 43, 78, and 83, 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 2021 and the beginning of 2022. Pre-activity nesting bird surveys (COA Nos. 82 and 93) 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 are three vernal pool fairy shrimp (Branchinecta lynchi; VPFS) features within the proposed 2022 work areas that have variable VPFS cyst densities (FS-22, FS-42, and FS-53) and one VPFS feature of unknown cyst-density FS-81) which is proposed for complete inoculum collection prior to remediation activities. Six VPFS features of unknown or variable cyst-density (FS-36, FS-64, FS-65, FS-66, FS-67, and FS-82) are also proposed for complete or partial inoculum collection from the 2021 Borrow Area 2. VPFS inoculum collection pools 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]). All VPFS features adjacent to the proposed 2022 work areas will be properly delineated prior to ground disturbance to avoid incidental impacts and include FS-20, FS-24, FS-25, FS-27, FS-45, FS-75, FS-76, and FS-80. Based on the desktop survey and pre-activity field surveys conducted in proposed 2022 work areas, plant communities observed within the Project limits include, palustrine nonpersistent emergent vernal swale/pool, , and non-native annual ii 202204_AnnualPre-ActivitySurvey_RPT.docx grassland. Palustrine forested broad-leaf deciduous valley stream-bank wetland, and palustrine scrub-shrub broad-leaf deciduous valley stream-bank wetland plant communities are present in the 2023 work areas that were surveyed during the 2022 pre-activity survey period. Special-status plant species observed 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), and purple needle grass (Stipa pulchra). Special-status wildlife, including state protected species, observed during 2022 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 2022 Project activities. Figures, photographs, and associated documents are included as appendices to this Report. 202204_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 and Real Estate 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 2022 Project activities, per the County of San Luis Obispo (County) Conditional Use Permit (DRC2013-00056), Amended Conditional Use Permit (CUP; DRC2015-00067) Condition of Approval (COA) Number (No.) 78 and 83, 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 2022 Project activities consist of removal or abandonment of underground pipelines, demolition of historic oil storage facility infrastructure, remediation and restoration of the Reservoir 5 and 7 areas, and remediation and restoration of PPSH areas 1 - 6. Oxbow Areas 1, 2, 3, and 4, and Tank Farm Creek Realignment activities have been included in this Report; however, activities associated with these areas are dependent upon permit issuance and construction scheduling constraints. Due to permit issuance and scheduling constraints, activities within these areas will be conducted in 2023. Due to the April 2022 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 2021, within and adjacent to the proposed 2022 work areas. Note that the 2021 pre-activity botanical resource survey results provide the most current status of special-status plant populations within the proposed 2022 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 2022. 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 2022 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 2022 will occur within the Reservoir 5 and 7 areas, PPSH areas 1 – 6, and the vegetation and clean soil stockpile area. Work in the Tank Farm Creek realignment area, and Oxbow Areas 1, 2, 3, and 4 is expected to begin in 2023. The 2022 Project will consist of the following activities: 1-2 202204_AnnualPre-ActivitySurvey_RPT.docx 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 Clean soil stockpiling Hydrocarbon containing soil remediation and hauling Backfill and topsoil replacement Restoration of Reservoir 5 and 7 Areas and the creation of 1 planned VPFS feature 1.2 REGULATORY SETTING This section summarizes the regulations and policies administered by resource agencies pertaining to pre-activity surveys required for the proposed 2022 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. An Amended CUP was issued in June 2021 to allow for an increased volume of Non-Hazardous Impacted Soils (NHIS) removal and approval of haul routes to allow for disposal of NHIS at the Cold Canyon Landfill. 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 Amended CUP COA Nos. 43, 78, 78, 80, 82, 83, and 93. 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. 202204_AnnualPre-ActivitySurvey_RPT.docx 1-3 COA No. 78 (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 listed species shall be completed per the timing and methodology specified by resource agency protocol. COA No. 79 (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. 80 (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. 82 (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. 1-4 202204_AnnualPre-ActivitySurvey_RPT.docx COA No. 83 (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 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. 93 (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 202204_AnnualPre-ActivitySurvey_RPT.docx 1-5 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. 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. 1-6 202204_AnnualPre-ActivitySurvey_RPT.docx 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 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. 202204_AnnualPre-ActivitySurvey_RPT.docx 1-7 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. 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)) 1-8 202204_AnnualPre-ActivitySurvey_RPT.docx In compliance with COA No. 78, 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 2022 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. 79) based on the Project’s history of comprehensive survey data. In compliance with COA No. 82, and No. 93, Trihydro conducted burrowing owl, hawk, and nesting bird surveys prior to ground disturbance. In compliance with COA No. 83, Trihydro will continue to conduct wildlife clearance surveys for the duration of the Project, as necessary. 202204_AnnualPre-ActivitySurvey_RPT.docx 2-1 2.0 METHODS Methods to collect sensitive wildlife data and botanical resources information for the proposed 2022 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 2022 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 2022) Previous annual pre-activity biological survey reports for the Project (Padre 2018; Trihydro 2019, 2020a, and 2021a) Biological Resources Monitoring Program Annual Summary Report (Padre 2019; Trihydro 2020b) 2.2 FIELD ACTIVITIES Pre-construction biological field activities completed within the proposed 2022 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: Galen Pelzmann, Stephanie Seay, Jennifer Langford, Victoria Trautman, Jane Donaldson, Kimi Paradis, Erin Coltharp, and Iliana Arroyos. The survey dates and personnel for all field activities are summarized in Table 2-1. 2-2 202204_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 a pre-activity special-status plant species survey in June 2021 within the proposed Reservoir 7 work area for 2022. In April 2022, 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 2022 work areas. During special-status plant species population mapping in 2021 and 2022, 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 2021, 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 2022 work areas. The plant community field verification survey was conducted in conjunction with the June 2, 2021 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. 202204_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 2022, and as such, these were instead conducted during spring and summer of 2021. 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 2022 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 2022 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. San Luis Obispo 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 2022, and as such, were conducted during summer of 2021. 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 envelopes or bags, 2-4 202204_AnnualPre-ActivitySurvey_RPT.docx 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 2021. 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. San Luis Obispo owl’s clover. No seed from this species was collected in 2021. Viable populations of San Luis Obispo owl’s clover were not present within the project site during the 2021 field season. Past seed collection methods have consisted of pulling the entire plant or entire inflorescence from the ground, then placing into small paper envelopes; the seeds remain intact within the inflorescence. Congdon’s tarplant. Approximately 57 pounds of seed was collected in 2021. 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 2021 as there are no Hoover’s button celery in the proposed 2022 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 2021 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. Seed from this species was collected in 2021. California walnut is located within the oxbow areas in the proposed 2023 work areas. One California walnut tree may be impacted by work activities in 2023. Serpentine Dudleya. No seed from this species was collected in 2021. 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 0.10 acres of Cambria morning glory, and 1.62 acres of San Luis Obispo owl’s clover were salvaged from the 2022 work area and placed within a suitable location within the project site. Any areas proposed for Project activities in 2022 with mapped occurrences of special status plants will have the topsoil salvaged. Salvage methods consist of collecting the top 12- to 24-inches of topsoil containing Cambria morning glory 202204_AnnualPre-ActivitySurvey_RPT.docx 2-5 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 2022 work areas. Weed management activities within the 2022 work areas will begin in spring of 2022. A qualified herbicide contractor will spot spray target species within the 2022 work areas primarily on the steep berms and tank rings. 2.2.7 CALIFORNIA RED-LEGGED FROG SURVEYS Per Amended CUP COA No.78 (BIO-1b), updated CRLF surveys were conducted immediately prior to ground disturbance in the 2022 disturbance areas. The 2022 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 four-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, Jane Donaldson, Galen Pelzmann, and Iliana Arroyos on February 2, 9, 16, and 23, 2022. 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 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. 2-6 202204_AnnualPre-ActivitySurvey_RPT.docx 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 2, 9, 16, and 23; and March 23 and 29, 2022. Trihydro biologists systematically surveyed the proposed 2022 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 Preliminary nesting bird surveys were conducted in conjunction with the burrowing owl surveys completed on March 23 and 29, 2022. The survey consisted of walking transects through the proposed 2022 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, Amended CUP COA Nos. 78, 79, and 80 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 2022 work areas. The desktop survey also included documenting VPFS inoculum collection pools that may be harvested for 2022 restoration activities. All VPFS adjacent to the proposed 2022 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, reported in the Annual Project Status and Habitat Restoration Monitoring Report, and mitigated as detailed in the Landscape Restoration Plan (Padre, 2015a). 202204_AnnualPre-ActivitySurvey_RPT.docx 2-7 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, Amended 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 2022 work areas. 202204_AnnualPre-ActivitySurvey_RPT.docx 3-1 3.0 RESULTS The following discussion includes findings of the 2022 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 2021 pre-activity botanical survey of the proposed 2022 work areas, three special- status plant species were documented to occur within the proposed 2022 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 2021 plant community field verification survey, disturbed/ruderal habitat and four plant communities were documented to occur within the proposed 2022 work areas. These include palustrine forested broad-leaf deciduous valley stream-bank wetland, palustrine nonpersistent emergent vernal swale/pool, palustrine scrub-shrub broad-leaf deciduous valley stream-bank wetland, and non-native annual 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 2021, 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 2021 resulted in successful collection of Congdon’s tarplant mature seed from 2022 work areas. 3.4 SEED COLLECTION Special-status plant seed was collected in 2021, as discussed in Methods Section 2.2.4. Collected seed was shipped to CaliFlora Resources for processing in October 2021. Table 3-3 summarizes the seed collection results. 3.5 PLANT SALVAGE Approximately 0.10 acres of Cambria morning glory, and 1.62 acres of San Luis Obispo owl’s clover were salvaged from the 2022 work area and placed within a suitable location within the project site. 3-2 202204_AnnualPre-ActivitySurvey_RPT.docx Salvage methods consisted of collecting the top 12 to 24 inches of topsoil containing Cambria morning glory and/or San Luis Obispo owl’s clover, seed, and/or vegetative plants, with an excavator, dozer, or skid steer. Plant salvaging activities was only completed in populations growing on clean soils. If plant populations to be salvaged within 2022 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 stockpiled onsite and will be used to construct patch populations within 2022 disturbance areas.. Patch population construction methods consist of transporting stockpiled material to the designated location, where it is spread to an approximate depth of 12 to 16 inches. 3.6 WEED MANAGEMENT As observed in the winter/spring of 2021, 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. 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 2022 work areas (Figure 3-3). The site received a few early 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 four-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 previous 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. The East Fork of San Luis Obispo Creek and Tank Farm 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. 202204_AnnualPre-ActivitySurvey_RPT.docx 3-3 Trihydro biologists physically observed and heard approximately 2 adult Sierran treefrogs (Pseudacris sierra) during day surveys. No amphibian egg masses, or larvae were observed within the 2022 project area. During night eye-shine surveys, Trihydro biologists observed and heard approximately 540 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). 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, Galen Pelzmann, Jane Donaldson, Erin Coltharp, and Iliana Arroyos on February 2, 9, 16, and 23; and March 23 and 29, 2022. On February 2, one burrowing owl was flushed at night from the west side of Reservoir 7 on the south side of SLO Tank Farm. The owl flew from the south side of the access road and continued flying north. No other burrowing owls were observed on the Project site. Two burrows typical in size and structure for the utilization of burrowing owls were observed approximately 100 feet west of the Reservoir 7 work area. 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 One active bushtit (Psaltriparus minimus) nest was observed within the proposed 2022 work areas during the March 29, 2022 nesting bird survey. A 250-foot construction exclusion buffer was established around the nest and monitoring of the nest will be ongoing throughout the field season. Nesting behavior was observed in a pair of red- winged blackbirds (Agelaius phoeniceus) within the Reservoir 7 work area during the March 23 and 29 surveys. Various bird species were also observed foraging or hunting within the survey areas. Species observed included, but were not limited to, Northern harrier (Circus cyaneus), western meadowlark (Sturnella neglecta), black phoebe Sayornis nigricans), marsh wren (Cistothorus palustris), and greater yellowlegs (Tringa melanoleuca). 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. 3-4 202204_AnnualPre-ActivitySurvey_RPT.docx 3.10 VERNAL POOL FAIRY SHRIMP HABITAT There is one VPFS feature (FS-81) within the proposed 2022 work areas that is 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]). Two pools, FS-22 and FS-55, will be partially disturbed during restoration activities in Reservoir 7. In this case, only the topsoil of the disturbed areas of FS-22 and FS-55 will be collected and used to inoculate created pools within the 2022 restoration areas. Two vernal pools (FS-42 and FS-53) hold areas of surface contamination. Inoculum from these pools will be vacuum collected and laboratory tested for contaminants before being utilized in constructed pools. Six vernal pools (FS-36, FS-64, FS-65, FS-66, FS-67, and FS-82) remain in Borrow Area 2 after 2021 work activities. Inoculum will be partially collected from FS-62, and fully collected from the remaining five. 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 2022 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 2022 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 2022 work areas. 202204_AnnualPre-ActivitySurvey_RPT.docx 4-1 4.0 DISCUSSION Biological pre-activity surveys were conducted within and adjacent to the proposed Reservoir 5 and 7 areas, East Fork San Luis Obispo Creek, Tank Farm Creek, Oxbow Areas 1, 2, 3, and 4, and vegetation and clean soil stockpile area from February through March 2022 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 2021 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 2022 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 2022 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 2022 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 2021 San Luis Obispo owl’s clover = 0.13 acres, no seed collected in 2020 Congdon’s tarplant = 0.37 acres, 57 lbs. of seed collected in 2021 Special-status wildlife observed during pre-activity surveys included burrowing owl, white-tailed kite, northern harrier, loggerhead shrike, golden eagle 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 2022 work areas, there are 5.94 acres of waters/wetlands under federal Clean Water Act (CWA) jurisdiction and 3.25 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 2022 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 2022 Project activities. 202204_AnnualPre-ActivitySurvey_RPT.docx 5-1 5.0 REFERENCES California Department of Fish and Wildlife (CDFW). 2022. 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). 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. 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. San Luis Obispo County, Department of Building and Planning. 2020. Notice of Final County Action; Conditional Use Permit (County File Number DRC2015-00067). Letter dated June 28, 2021. 5-2 202204_AnnualPre-ActivitySurvey_RPT.docx 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). 2020a. 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). 2020b. Biological Resources Monitoring 2019 Annual Summary Report, Chevron San Luis Obispo Tank Farm Remediation and Restoration Project, San Luis Obispo County, California. April 2020. TABLES TABLE 2-1. SUMMARY OF 2020-2021 FIELD ACTIVITIES 202204_TABLE 2-1_TBL-2-1.docx 1 of 1 Survey Dates Field Activity Biological Staff May 6, 7, 10, 11, 12; June 10, 11, 30; August 17, 19, 25; October 5, 6, 7, 2021 Plant Bloom and Seed Status Surveys G.Pelzmann, and I.Arroyos April 21; June 2, 3, 2021 Plant Community Verification Survey I.Arroyos, and G.Pelzmann June 9, 2020 Sensitive Plant Mapping Survey M.Thule February 2, 2022 California red-legged frog Survey (day and night); Burrowing Owl Survey S.Seay, G. Pelzmann, V.Trautman, and E. Coltharp February 9, 2022 California red-legged frog Survey (night); Burrowing Owl Survey S.Seay, V. Trautman, and I. Arroyos February 16, 2022 California red-legged frog Survey (night); Burrowing Owl Survey S.Seay, E. Coltharp, V.Trautman, and G. Pelzmann February 23, 2022 California red-legged frog Survey (day and night); Burrowing Owl Survey G.Pelzmann, S. Seay, V.Trautman, 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 23, 29, 2022 Nesting Bird Survey S.Seay, G. Pelzmann, I.Arroyos TABLE 3-1. SPECIAL-STATUS PLANT ACREAGES WITHIN PROPOSED WORK AREAS 202204_TABLE 3-1_TBL-3-1.docx 1 of 1 Species Acres Work Area(s) Cambria Morning Glory 0.13 Reservoir 5, Reservoir 7, Oxbow 11, Oxbow 31 San Luis Obispo owl’s clover 0.14 Reservoir 5, Reservoir 7 Congdon’s tarplant 0.86 Reservoir 5, Reservoir 7, Tank Farm Creek1 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 Work areas proposed for 2023 activities. TABLE 3-2. PLANT COMMUNITY ACREAGES WITHIN PROPOSED WORK AREAS 202204_TABLE 3-2_TBL-3-2.docx 1 of 1 Plant Community Acres Work Area(s) Non-native annual grassland 7.65 Oxbows1, Reservoir 5, Reservoir 7, Tank Farm Creek1 Palustrine nonpersistent emergent vernal swale/pool 4.22 Reservoir 3, Reservoir 7, Tank Farm Creek1 Palustrine Forested broad-leaf deciduous valley stream-bank wetland 0.06 Oxbow 21, Oxbow 31, Oxbow 41 Palustrine Scrub-Shrub Broad-leaf Deciduous Valley Stream-Bank Wetland 0.02 Oxbow 11 Serpentine rock outcrop Does not occur in proposed work areas Palustrine persistent emergent vernal freshwater marsh Does not occur in proposed work areas Note: 1 Work areas proposed for 2023 activities. TABLE 3-3. SUMMARY OF SEED COLLECTED IN 2021 202204_TABLE 3-3_TBL-3-3.docx 1 of 1 Species Date(s) collected Processed Quantity Tested Congdon’s tarplant August - October 57 lbs No San Luis Obispo owl’s clover No seed collected; no viable populations located during 2021 field season 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 hettick on 3/28/2022, 3:35 PM. 1252 Commerce Drive Laramie, WY 82070 www.trihydro.com P) 307/745.7474 (F) 307/745.7729 File: 3-1_SpecialStatusPlants_Fig3-1M:\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\2022\2022. APRXDate: 3/28/22Scale: 1" = 600'Checked By: GPDrawn 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 2022 WORK AREA FUTURE WORK AREA PROJECT SITE BOUNDARY CONGDON'S TARPLANT HOOVER'S BUTTON CELERY PURPLE NEEDLEGRASS GRASSLAND SLO CAMBRIA MORNING GLORY SLO OWL'S CLOVER OXBOW AREA NO. 4 RESERVOIR 7 OXBOW AREA NO. 3 OXBOW AREA NO. 2 OXBOW AREA NO. 1 AGGREGATE STOCKPILE VEGETATION AND CLEAN SOIL STOCKPILE AREA Last exported to pdf from ArcGIS Pro by hettick on 3/28/2022, 3:34 PM. 1252 Commerce Drive Laramie, WY 82070 www.trihydro.com P) 307/745.7474 (F) 307/745.7729 File: 3-2_PlantCommunities_Fig3-2M:\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\2022\2022. APRXDate: 3/28/22Scale: 1" = 600'Checked By: GPDrawn 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 2022 WORK AREA FUTURE WORK 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 SERPENTINE BUNCH GRASSLAND NON- NATIVE ANNUAL GRASSLAND OXBOW AREA NO. 4 RESERVOIR 7 OXBOW AREA NO. 3 OXBOW AREA NO. 2 OXBOW AREA NO. 1 AGGREGATE STOCKPILE VEGETATION AND CLEAN SOIL STOCKPILE AREA Last exported to pdf from ArcGIS Pro by hettick on 3/28/2022, 3:33 PM. 1252 Commerce Drive Laramie, WY 82070 www.trihydro.com P) 307/745.7474 (F) 307/745.7729 File: 3-3_SpecialStatusWildlife_Fig3-3M:\CHEVRON\SANLUISOBISPO\GIS\MAPPING\ECOLOGICAL\ANNUAL_PREACTIVITY_REPORT\2022\2022. APRXDate: 3/28/22Scale: 1" = 600'Checked By: GPDrawn 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 2022 WORK AREA FUTURE WORK AREA PROJECT SITE BOUNDARY CALIFORNIA RED-LEGGED FROG HABITAT VERNAL POOL FAIRY SHRIMP OCCUPIED POOL ( OUTSIDE DISTURBANCE AREA)OXBOW AREA NO. 4 RESERVOIR 7 OXBOW AREA NO. 3 OXBOW AREA NO. 2 OXBOW AREA NO. 1 AGGREGATE STOCKPILE VEGETATION AND CLEAN SOIL STOCKPILE AREA 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 2-202204_SitePhotos_APP-B.docx 1 of 2 Photo 1. Reservoir 7 – habitat surveyed for amphibians and nesting birds. Aspect: east. Date: 02/17/2022. Photo 2. Reservoir 7 – habitat surveyed for amphibians and nesting birds. Aspect: south. Date: 02/17/2022. APPENDIX B. SITE PHOTOGRAPHS 2 of 2 2-202204_SitePhotos_APP-B.docx Photo 3. Reservoir 5 – habitat surveyed for amphibians and nesting birds. Aspect: south. Date: 02/17/2022. Photo 4. Reservoir 5 – bushtit nest in Artemesia californica bush on north side of work area. Aspect: west. Date: 03/29/2022. 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 Survey results reviewed FWSField Offlce) (date) (l>iologlst) mm/dd/yyyy) ...--4Last ln.ame) (firstname) n.dtt'.\;::nY Last name) (firstname) J etc . FWSfield O(llce) mmldd/yyyy) . (ast name), ---..__ (fi ame) Last name) (first name) i I ,r-, __..,-;J () ., /1. \t__,n 8 F\VSFieltlOffice) (biologist) mm/dd/yyyy) Jliast na1¥ 1 name) Last name) 1 (firstname) l__J-1-:t'_....-___ _ I date) Last name>( (firstname} i ( s FW Field 9mi:e) (date (biol ) r\L t.,., ni:m (firstname) Lastnallu}) (firstname) 6 8 @€3 Survey results reviewed by _________________________ _ da) t D!_Me) v( fir l t a?'e) Last name) (firstname) SV\.,IA 5 FWS Field Office) '(date) (biologist) Last • ' Last7ame} firstname) first name) J;;;;.,.i.1.AL---.u.r::::::----=1--J.<!!...:::::::..s...c...L....:L---- mmldd/yyyy) ast name) ('Yft name) Last name) (firstname) 5Y o E O"v'\ (,, o, I / Q>iologlst) Q.,ps mt ' iA ,.•I _(f st ncme) Last name) (first name) include habitat types, important features, and species locations)** Last name) (firstname) Last name) (firstn me) Ce (