Morro Shoulderband Snail Protocol Survey Report for the Parcel at 3093 Beachcomber Drive, Morro Bay, San Luis Obispo County, California

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1 Morro Shoulderband Snail Protocol Survey Report for the Parcel at 3093 Beachcomber Drive, Morro Bay, San Luis Obispo County, California Prepared for: John K. Construction Inc. Prepared by: SWCA Environmental Consultants February 2014

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3 3093 Beachcomber Drive Morro Shoulderband Snail Protocol Survey Report Prepared for John K Construction, Inc. 110 Day Street Nipomo, California Attn: John Kilpelainen (805) Prepared by Barrett Holland, Biologist SWCA Environmental Consultants 1422 Monterey Street, Suite C200 San Luis Obispo, California (805) SWCA Project Number: February 18, 2014

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5 CONTENTS 1 INTRODUCTION PROPOSED PROJECT SURVEY METHODS EXISTING CONDITIONS RESULTS REGULATORY IMPLICATIONS CONCLUSIONS AND EFFECTS DETERMINATION REFERENCES... 7 FIGURES Figure 1. Project Vicinity Map... 2 Figure 2. Project Location Map... 3 Figure 3. Habitat Map... 5 TABLES Table 1. Survey Dates, Time, and Findings... 4 Appendix A: Photo Documentation Appendix B: Site Plan Appendix C: Correspondence APPENDICES SWCA Environmental Consultants i

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7 1 INTRODUCTION SWCA Environmental Consultants (SWCA) prepared this protocol survey report at the request of John K Construction, Inc. This report is intended for use by the City of Morro Bay (City) and United States Fish and Wildlife Service (Service) for permitting and planning purposes. The objective of this report is to provide protocol-level survey results for the federally-listed Morro shoulderband snail (MSS; Helminthoglypta walkeriana) on a parcel (Assessor s Parcel Number ) located at 3093 Beachcomber Drive in Morro Bay, San Luis Obispo County, California (refer to Figures 1 and 2). This MSS Protocol Survey Report discusses existing conditions, compiles the findings of five MSS surveys, evaluates project related impacts, and provides recommendations for implementing the project. The data in this report is a compilation of information received from regulatory agencies, literature reviews, and five protocol-level surveys conducted by SWCA on the property in 2013 and PROPOSED PROJECT The proposed project includes the construction of a single-family residence on an approximately 0.19-acre undeveloped parcel in north Morro Bay. The rectangular shaped parcel is located on Beachcomber Drive just south of Hatteras Street (refer to Figure 2). The parcel is bordered by Atascadero and Morro Strand State Beaches to the north and west, Beachcomber Drive and existing residences to the east, and an existing residence along the southern boundary of the parcel. A beach trail and small parking area is also located 40 to 50 feet north of the parcel. Photos of the parcel are included in Appendix A. The proposed residence footprint would be approximately 135 feet by 60 feet and would occupy almost the entire parcel. The residence would be centrally located on the parcel, accessed via Beachcomber Drive, and include an outdoor courtyard opening to the north and a patio facing west. The residential structure would be set back 14 feet, 2 inches from the western parcel line, which abuts Atascadero State Beach. The western and southern property boundaries sit on the edge of a terrace resulting in a gradual 4- foot drop in elevation from east to west. The proposed project would level the terrace by installing a Concrete Masonry Unit Retaining Wall system on the northern, western, and southern parcel boundaries. A conceptual site plan for the parcel is included in Appendix B. 3 SURVEY METHODS The survey methodology for the parcel was determined through early coordination with Julie Vanderweir at the Service. The parcel is located at the northern edge of the currently accepted range for MSS and includes varying soil conditions. As a result, the Service requested that a MSS Habitat Assessment be conducted on the parcel to determine if the appropriate conditions for the species occur there. SWCA Biologist Travis Belt conducted the Habitat Assessment Survey during protocol conditions on October 9, This survey determined that appropriate sandy soil and vegetative cover for MSS does occur on the western third of the parcel, but the eastern two-thirds of the parcel consists of Cropley clay soil, which is not conducive to MSS conditions. Due to the findings of the Habitat Assessment survey, the Service requested that five MSS surveys be conducted during protocol conditions to establish presence or absence of MSS on the parcel (refer to Appendix C). The habitat assessment survey was conducted during protocol conditions and therefore, is being counted towards the protocol survey effort. The 2003 Protocol Survey Guidelines for the Morro Shoulderband Snail requires that five protocol surveys be performed during rain or heavy fog conditions to establish the presence/absence of MSS. Per the Service requirements, SWCA conducted five surveys in 2013 and 2014 during or immediately following rain events (refer to Table 1). SWCA Biologists Mr. Belt and Barrett Holland conducted the surveys under the authorization of federal permit PRT SWCA Environmental Consultants 1

8 Figure 1. Project Vicinity Map SWCA Environmental Consultants 2

9 Figure 2. Project Location Map SWCA Environmental Consultants 3

10 All five surveys were conducted on foot, over a 60- to 90-minute period. All areas of the site were thoroughly examined in order to determine the presence/absence of live MSS, empty shells, suitable habitat, or other resources considered sensitive by the Service. 4 EXISTING CONDITIONS Existing conditions observed on the parcel are variable with the eastern two-thirds of the site being dominated by Cropley clay soils (United States Department of Agriculture Natural Resources Conservation Service [NRCS] 2014) and ruderal habitat. Plants observed in the ruderal areas on the parcel include mostly non-native annual grasses and iceplant (Carpobrotus edulis). The western one-third of the parcel is dominated by iceplant and clay soil intermixed with dune sand. The small inclusion of dune sand is present along the western parcel line where minimal central dune scrub vegetation is present (refer to Figure 3 and Appendix A, Photos 1-6). Several silver lupine shrubs (Lupinus chammisonis) occur in the central dune scrub area. Habitat for MSS (i.e., presence of woody refuse, debris, and duff) was observed beneath the silver lupine shrubs; however, the silver lupine shrubs on the parcel are senescent to dead, thus having a thin layer of duff that may not be sufficient for MSS aestivation during the dry season. The combination of dune scrub and ice plant does provide suitable conditions for MSS. 5 RESULTS No live or empty MSS were observed during the five protocol-level surveys conducted in 2013 and 2014 (refer to Table 1). Six Big Sur shoulderband snails (BSS; Helminthoglypta umbilicata) and nine common garden snails (Helix aspersa) were observed during the surveys. All live BSS and common garden snails were found in iceplant duff located in the northwest corner of the parcel and along the fence line of the existing residence to the south. Numerous garden snail shells were also observed in the iceplant and two BSS shells (Class C) were found in the duff beneath the silver lupine shrubs in the northwest corner of the parcel. Table 1. Survey Dates, Time, and Findings Survey Number Survey Date and Time Rainfall Activity Temp. Findings Biologist 1 10/9/13 1:15 p.m. to 3:15 p.m. Light showers (0.01-inch received) but the first rains of the season. 55ºF MSS 0 Helix aspersa 3 T. Belt 2 11/20/13 9:45 p.m. to 11:00 a.m. Light showers following (0.03- inch received) previous evening of rain, ground wet. 58ºF MSS 0 BSS 3 T. Belt 3 1/30/14 1:30 p.m. to 2:30 p.m. Light showers (0.03-inch received), duff wet beneath. 55ºF MSS 0 BSS 1 T. Belt 4 2/03/14 8:45 a.m. to 9:45 a.m. Raining to clear (0.02-inch received). Ground was wet from approximately 1.28 inches previous evening. 45ºF MSS 0 BSS 2 Helix aspersa 6 B. Holland 5 2/06/13 7:00 a.m. to 8:00 a.m. Raining to clear (0.22 inch received). Ground was wet during survey. 50ºF MSS 0 BSS 0 Helix aspersa 4 B. Holland SWCA Environmental Consultants 4

11 Figure 3. Habitat Map SWCA Environmental Consultants 5

12 6 REGULATORY IMPLICATIONS Section 3(18) of the Endangered Species Act defines take to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. As further defined by the Service, harm includes significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering. Therefore, activities such as construction, mowing, brush or debris removal, or grading within a property that is known to support MSS or MSS habitat can result in take. Take can occur through both direct impact and by loss of or degradation of known habitat. Unauthorized take is a violation of the Endangered Species Act and could result in penalties of up to $100,000 and/or up to 1-year imprisonment. If a project can be shown to have no adverse impacts to MSS or their habitat, the Service may grant a Concurrence Authorization. Concurrence Authorization is the Service s acknowledgement that a project has no potential to result in take of the species. If a concurrence authorization is not granted by the Service, mitigation through preparation of a Habitat Conservation Plan would be necessary prior to construction. 7 CONCLUSIONS AND EFFECTS DETERMINATION The five protocol surveys conducted for this report did not identify any live MSS or empty MSS shells within the approximate 0.19-acre property or immediately surrounding areas. The vegetation on the property is mostly non-native and dominated by iceplant and ruderal vegetation on clay soils. A small section of central dune scrub is located in the northwest corner of the parcel, where the clay and dune sand intermix. This area is considered marginal habitat for MSS, and MSS were not observed during the five protocol surveys. Due to the varying soil conditions, less than ideal vegetative conditions, and the parcels location at the edge of the species range, it is unlikely that MSS would be able to maintain a population on the parcel. Based on the negative findings of the recent surveys (no MSS or MSS shells observed), presence of clay soils, and the low quality MSS habitat observed in the remnant central dune scrub on the parcel, the proposed project is not expected to result in take of MSS. Since the potential for take of MSS is not expected, it is our opinion that additional project monitoring and survey efforts are not warranted during project implementation. However, based on recent communications with Julie Vanderwier (pers. comm. February 4, 2014), the Service has requested the following avoidance measure to protect the adjacent habitat areas from disturbance during construction of the proposed residence. A continuous silt fence should be installed along the northern and western property boundaries. The fence should delineate the work zone on site to preclude accidental egress into the dune scrub habitat located on the adjacent properties. The fence is also intended to serve as a passive barrier to potential travel of MSS from the adjacent dune scrub habitat into the work zone. The fence will remain in place throughout the duration of the project. SWCA has included a request for Concurrence Authorization with this report. Both this report and the Request for Concurrence Authorization have been submitted to the Service for their review and official determination regarding project activities within the easement. SWCA Environmental Consultants 6

13 8 REFERENCES California Department of Fish and Wildlife (CDFW) State and Federally Listed Endangered and Threatened Animals of California. State of California, The Resources Agency, California Department of Fish and Wildlife. Sacramento, California. Roth, B Status Survey of the Banded Dune Snail (Helminthoglypta walkeriana). Report to the U.S. Fish and Wildlife Service, Sacramento Endangered Species Office, Sacramento, California. U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) Web Soil Survey. Available at: Accessed: February U.S. Fish and Wildlife Service (Service) Recovery Plan for the Morro Shoulderband Snail and Four Plants from Western San Luis Obispo County, California. U.S. Fish and Wildlife Service. Portland, Oregon Protocol Survey Guidelines for the Morro Shoulderband Snail. U.S. Fish and Wildlife Service. Portland, Oregon. SWCA Environmental Consultants 7

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15 Appendix A: Photo Documentation SWCA Environmental Consultants

16 SWCA Environmental Consultants

17 PHOTO 1: View of existing conditions on the parcel looking east towards Beachcomber Drive and existing residences. Note iceplant and ruderal habitat on the parcel. Picture taken on October 9, PHOTO 2: View of existing conditions on the parcel looking west toward the State Beach. Note iceplant and ruderal habitat on the parcel. Picture taken on October 9, SWCA Environmental Consultants A-1

18 PHOTO 3: View of existing conditions on the parcel looking north. Note iceplant habitat and small areas of central dune scrub in the northwest corner of the parcel. Picture taken on October 9, PHOTO 4: View of sandy soils and an almost dead silver lupine shrub looking southeast. This shrub was surveyed during all five protocol surveys. Picture taken on October 9, SWCA Environmental Consultants A-2

19 PHOTO 5: View of two of the three BSS observed in iceplant habitat during the second protocol survey on the parcel (refer to Table 1). Picture taken on November 20, PHOTO 6: View of the central dune scrub area looking northwest towards the State Beach. This central dune scrub area was surveyed thoroughly for MSS during all five protocol surveys. Picture taken on February 6, SWCA Environmental Consultants A-3

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21 Appendix B: Site Plan SWCA Environmental Consultants

22 SWCA Environmental Consultants

23 SWCA Environmental Consultants B-1

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25 Appendix C: Correspondence SWCA Environmental Consultants

26 SWCA Environmental Consultants

27 SWCA Environmental Consultants C-1

28 SWCA Environmental Consultants C-2

29 SWCA Environmental Consultants C-3

30 SWCA Environmental Consultants C-4

31 SWCA Environmental Consultants C-5

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