Section 3.7 Biological Resources and Wetlands

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3.7 Biological Resources and Wetlands

This section describes the regulatory setting and the affected environment for biological 

resources; the impacts that would result from implementation of the Fresno to Bakersfield Locally 

Generated Alternative (F-B LGA); and project design features and mitigation measures applicable 

to the F-B LGA that would reduce these impacts. This Draft Supplemental EIR/EIS compares the 

F-B LGA to the complementary portion of the Preferred Alternative that was identified in the 

Fresno to Bakersfield Section California High-Speed Train Final Project EIR/EIS. As discussed in 

Section 1.1.3 of this Draft Supplemental EIR/EIS, the complementary portion of the Preferred 

Alternative consists of the portion of the BNSF Alternative from Poplar Avenue to Hageman Road 

and the Bakersfield Hybrid from Hageman Road to Oswell Street (further referenced as the “May 

2014 Project” in this Draft Supplemental EIR/EIS). Since the Fresno to Bakersfield Section Final 

EIR/EIS does not evaluate the May 2014 Project as a discrete subsection of the Fresno to 

Bakersfield Project (as it did for example for the Allensworth Bypass), affected environment and 

impact summary discussion included in this section for the May 2014 Project has been 

extrapolated from the available information contained within the Fresno to Bakersfield Section 

Final EIR/EIS. 

As described in the Preface and Section 2.1 of this Draft Supplemental EIR/EIS, this section also 

addresses potential effects on the Buena Vista Lake ornate shrew (BVLOS; Sorex ornatus 

relictus) for the portion of the Fresno to Bakersfield Section extending from East American 

Avenue in Fresno County to Poplar Avenue in Kern County (the northern terminus of the F-B LGA 

and May 2014 Project alignments). At the time of the preparation of the Fresno to Bakersfield 

Section Final EIR/EIS, the range for the BVLOS, a federally endangered species, did not extend 

into the proposed Fresno to Bakersfield study area, and was therefore not evaluated. New 

studies now reflect that the range for this species overlaps with the Fresno to Bakersfield Section 

of the HSR System. The U.S. Fish and Wildlife Service (USFWS) issued an addendum to the 

Fresno to Bakersfield Biological Opinion (USFWS 2014), which identified the potential effects of 

the construction activities north of Poplar Avenue on BVLOS. The USFWS determined that the 

northern limit of BVLOS range is the Kings River in Kings County. It determined that impacts to 

BVLOS habitat resulting from the HSR project would be small relative to the suitable habitat for 

BVLOS (USFWS 2017, pg. 29). The California High-Speed Rail Authority (Authority) and the 

Federal Railroad Administration (FRA) considered the project construction north of Poplar in light 

of the new information provided by USFWS and determined that a supplemental EIR/EIS for the 

construction north Poplar Avenue was not warranted. This section of the Draft Supplemental 

EIR/EIS includes an evaluation of the impacts to the BVLOS for the portion of the Fresno to 

Bakersfield Section for the F-B LGA and May 2014 Project alignments (Sections 3.7.3, 3.7.4, and 

3.7.5). 

The term “biological resources” includes special-status plant and wildlife species, habitats of 

concern (including special-status plant communities, jurisdictional waters, critical habitat, 

conservation areas [i.e., lands that are protected because of their recognized ecological values], 

protected trees, and wildlife movement corridors). 

This section summarizes detailed information contained in the F-B LGA: Biological Resources 

and Wetlands Technical Report (Authority and FRA 2017).

3.7.1 Regulatory Setting

Federal, state, and local laws, regulations, orders, or plans relevant to biological resources

affected by the project are presented below. National Environmental Policy Act and California 

Environmental Quality Act (CEQA) requirements for assessment and disclosure of environmental 

impacts are described in Section 3.1, Introduction, of this Supplemental EIR/EIS. 

3.7.1.1 Federal

Federal regulations applicable to the F-B LGA are listed below and summarized in Table 3.7-1. 
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• Federal Endangered Species Act of 1973 (FESA) (United States Code [U.S.C.] Title 42, Part

4321 et seq.)

• Magnuson-Stevens Fishery Conservation and Management Act (U.S.C., Part 1801 et seq.)

• Clean Water Act, Amended in 1978

• U.S. Fish and Wildlife Coordination Act, Amended in 1965 (16 U.S.C. Sections 661 to 667[e]

et seq.)

• Migratory Bird Treaty Act (U.S.C. Title 16, Part 703 to 712)

• Migratory Bird Treaty Reform Act (Division E, Title I, Section 143 of the Consolidated

Appropriations Act, 2005, PL 108–447)

• Bald and Golden Eagle Protection Act (U.S.C. Title 16, Part 668 to 668[d], 54 Statute 250)

• Protection of Wetlands (Executive Order 11990)

• Protection of Migratory Bird Populations (Executive Order 13186)

• Invasive Species (Executive Order 13112)

3.7.1.2 State 

State regulations applicable to the F-B LGA are listed below and summarized in Table 3.7-2. 

• California Endangered Species Act (CESA; California Fish and Game Code Sections 2050 to

2085)

• California Fish and Game Code(Sections 3511, 4700, 5050, and 5515 [Fully Protected

Species]); (Sections 3503, 3503.5, and 3513 [Nesting Bird Protections]); (Section 1600 et

seq. [Lake and Streambed Alteration])

• Natural Community Conservation Planning Act (California Fish and Game Code Sections

2800 to 2835)

• California Native Plant Protection Act (California Fish and Game Code Sections 1900 to

1913)

• Porter-Cologne Water Quality Control Act (Section 13260[a])

3.7.1.3 Regional and Local

Local and regional municipal plans pertaining to the preservation and protection of biological 

resources are addressed in the various general plans for Kern County, and for the cities of 

Shafter and Bakersfield. These regulations are discussed in further detail in Section 3.3 of the

F-B LGA: Biological Resources and Wetlands Technical Report (Authority and FRA 2017: pages 

3-5 to 3-7).
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Table 3.7-1 Federal Laws and Regulations

Policy Title Summary Compliance Action

Federal

Endangered Species Act of The federal ESA and subsequent amendments provide guidance for In compliance with Section 7 of the federal ESA, the Authority and FRA

1973 (federal ESA) conserving federally listed species and the ecosystems upon which they obtained a Biological Opinion from USFWS on April 1, 2014, and made a 

(42 U.S.C. 4321 et seq.) depend.

Section 9 (Prohibited Acts): Section 9 of the federal ESA and its 

implementing regulations prohibit the “take” of any fish or wildlife species 

listed under the federal ESA as endangered or threatened, unless 

otherwise authorized by federal regulations. The term “take” means to 

harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 

to attempt to engage in any such conduct. Take includes the modification 

of a listed species’ habitat. Section 9, prohibits a number of specified 

activities with respect to endangered and threatened plants as well as 

adverse modifications to critical habitat.

Section 7 (Interagency Consultation and Biological Assessments): 

Section 7 of the federal ESA requires federal agencies to consult with the 

USFWS or the National Oceanic and Atmospheric Administration’s 

National Marine Fisheries Service (NMFS), as appropriate, to ensure that 

actions they authorize, fund, or carry out are not likely to jeopardize the 

continued existence of threatened or endangered fish, wildlife, or plant 

species or result in the destruction or adverse modification of designated 

critical habitat for any such species.

Section 10 (Habitat Conservation Plans): Section 10 of the federal ESA

provides a process by which nonfederal entities may obtain an Incidental 

Take Permit from the USFWS or NMFS for otherwise lawful activities 

that might incidentally result in “take” of endangered or threatened 

species, subject to specific conditions.

No Effect determination for species regulated by NMFS in June 2011. 

The Authority and FRA obtained a second Biological Opinion on July 28, 

2017 addressing changes to the Preferred Alignment and considering 

effects to the Buena Vista Lake ornate shrew. The F-B LGA was not 

included in either the April 1, 2014 or July 28, 2017 Biological Opinions. 

However, the Authority and FRA have determined that the F-B LGA is 

consistent with findings in both Biological Opinions. The Authority will 

require the Design/Build contractor to implement the conservation 

measures identified in both the 2014 and 2017 Biological Opinions. 

Magnuson-Stevens Fishery 

Conservation and 

Management Act

(U.S.C. Section 1801 et seq.)

The amended Magnuson-Stevens Fishery Conservation and 

Management Act, also known as the Sustainable Fisheries Act (Public 

Law 104-297), requires that all federal agencies consult with NMFS on 

activities or proposed activities authorized, funded, or undertaken by that 

agency that may adversely affect Essential Fish Habitat of commercially 

managed marine and anadromous fish species.

There are no Essential Fish Habitats regulated by NMFS under 

Magnuson-Stevens Fishery Conservation and Management Act 

the project action area.

the 

within 
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Policy Title Summary Compliance Action

Clean Water Act (CWA) The federal CWA serves as the primary federal law protecting the quality 

of the nation’s surface waters, including wetlands. 

Section 401: Under the CWA Section 401, applicants for a federal

license or permit to conduct activities that may result in the discharge of 

a pollutant into waters of the U.S., must obtain certification from the state 

in which the discharge would originate or from the interstate water

pollution control agency with jurisdiction over affected waters.

Section 402: Under the CWA Section 402, all point source discharges, 

including, but not limited to, construction-related storm water discharges 

to surface waters are regulated through the National Pollutant Discharge 

Elimination System (NPDES) program. Project sponsors must obtain an 

The Authority and FRA would apply for a Section 401 permit from 

SWRCB. 

The Authority and FRA would apply for a Section 402 permit from 

SWRCB. 

The Authority and FRA would apply for a Section 404 permit from 

USACE. The USACE cannot issue a Section 404 permit until SWRCB

issues a Section 401 permit. The SWRCB cannot issue the Section 401 

or 402 permits until the Authority approves a Notice of Decision. 

NPDES permit from the SWRCB. 

Section 404: Under the CWA Section 404, the USACE and the U.S. 

Environmental Protection Agency (EPA) regulate the discharge of 

dredged and fill materials into the waters of the U.S. Project sponsors 

The Authority would require the Design/Build contractor to implement the 

permit terms and conditions conservation measures identified in the 

Section 401, Section 402 and Section 404 permits.

must obtain a permit from USACE for discharges of dredged or fill 

materials into jurisdictional waters over which the USACE determines 

that it will exert jurisdiction. 

U.S. Fish and Wildlife The U.S. Fish and Wildlife Coordination Act applies to any federal project As state and federal agencies, the Authority and FRA are in compliance 

Coordination Act where any body of water is impounded, diverted, deepened, or otherwise with U.S. Fish and Wildlife Coordination Act through consultation with 

(16 U.S.C. Sections 661 to modified. Project proponents are required to consult with USFWS and USFWS and NMFS under Section 7 of the federal ESA and with 

667[e] et seq.) the appropriate state wildlife agency. California Department of Fish and Wildlife for California Endangered 

Species Act consultation.

Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) protects selected species of birds The Authority and FRA would comply with the MBTA through 

(16 U.S.C. Sections 703 to that cross international boundaries (i.e., species that occur in more than implementation of the mitigation measures identified in Section 3.7.7, 

712) one country at some point during their life cycle). The law prohibits the 

take of such species, including the removal of nests, eggs, and feathers.

Mitigation Measures. 

Migratory Bird Treaty Reform The Migratory Bird Treaty Reform Act amends the MBTA (16 U.S.C. 

Act (Division E, Title I, Sections 703 to 712) such that nonnative birds or birds that have been 

Section 143 of the introduced by humans to the United States or its territories are excluded 

Consolidated Appropriations from protection under the Act. It defines a native migratory bird as a 

Act, 2005, PL 108–447) species present in the United States and its territories as a result of 

natural biological or ecological processes. 
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Policy Title Summary Compliance Action

Bald and Golden Eagle 

Protection Act

(16 U.S.C. Sections 668 to 

668[d], 54 Statute 250)

The Bald and Golden Eagle Protection Act prohibits the destruction of 

bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila 

chrysaetos) and their occupied and unoccupied nests.

The Authority and FRA would comply with the Bald and Golden Eagle 

Protection Act through implementation of the mitigation measures 

identified in Section 3.7.7, Mitigation Measures. The Authority with 

require the Design/Build contractor to implement the conservation 

measures identified in this document

Protection of Wetlands

(Executive Order 11990)

Executive Order 11990 aims to avoid direct or indirect impacts on 

wetlands from Federal or federally approved projects when a practicable 

alternative is available. If wetland impacts cannot be avoided, all 

practicable measures to minimize harm must be included.

The Authority and FRA would comply with Executive Order (EO) 

through the Section 404 permitting process with USACE.

11990 

Protection of Migratory Bird 

Populations

(Executive Order 13186)

EO 13186 directs each federal agency taking actions that have or may 

have adverse impact on migratory bird populations to work with USFWS 

to develop a memorandum of understanding that will promote the 

conservation of migratory bird populations. 

The Authority and FRA will be in compliance with EO 13186 through 

implementation of mitigation measures identified in Section 3.7.7, 

Mitigation Measures. The Authority with require the Design/Build 

contractor to implement the conservation measures identified in this 

document.

Invasive Species

(Executive Order 13112)

EO 13112 requires federal agencies to work cooperatively to prevent and 

control the introduction and spread of invasive plants and animals.

The Authority and FRA would comply with EO 13112 through the 

implementation of mitigation measures identified in Section 3.7.7, 

Mitigation Measures. The Authority with require the Design/Build 

contractor to implement the conservation measures identified in this 

document.

Authority = California High-Speed Rail Authority

CWA = Clean Water Act

EO = Executive Order

EPA = Environmental Protection Agency

ESA = Endangered Species Act

F-B LGA = Fresno to Bakersfield Locally Generated Alternative

FRA= Federal Railroad Administration

MBTA = Migratory Bird Treaty Act

NMFS = National Marine Fisheries Service

NPDES = National Pollutant Discharge Elimination System

SWRCB = State Water Resource Control Board

USACE = United States Army Corps of Engineers

U.S.C. = United States Code

USFWS = United States Fish and Wildlife Service
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Table 3.7-2 State Laws and Regulations

Policy Title Summary Compliance Action

State

California Endangered CESA mandates that state agencies not approve a project that would The Authority would comply with the requirements of CESA through early 

Species Act jeopardize the continued existence of species if reasonable and prudent coordination with CDFW and submittal of a Section 2081 Incidental Take 

(CESA) alternatives are available that would avoid a jeopardy finding. CESA also Permit application. The Authority with require the Design/Build contractor 

(California Fish and Game 

Code Sections 2050 to 

2085)

prohibits the unpermitted take of any fish, wildlife, or plant species listed 

as endangered or threatened, or designated as candidates for listing, 

under CESA. Take refers to mortality, injury, capture, or entrapment of 

the listed species itself and not the modification of a listed species 

to implement the conservation measures identified in the Section 2081-

Incidental Take Permit.

habitat. Similar to the federal ESA, CESA contains a procedure for CDFW 

to issue an incidental take permit authorizing the take of listed and 

candidate species incidental to an otherwise lawful activity, subject to 

specified conditions.

California Fish and Game Sections 3511, 4700, 5050, and 5515 (Fully Protected Species): The The Authority would comply with Sections 3511, 4700, 5050, and 5515 of 

Code California Fish and Game Code designates 37 fully protected species and 

prohibits the take or possession at any time of such species with certain 

limited exceptions. 

Sections 3503, 3503.5, and 3513 (Nesting Bird Protections): Section 

3503 of the California Fish and Game Code states that it is unlawful to 

take, possess, or needlessly destroy the nest or eggs of any bird, except 

as otherwise provided by code or any regulation made pursuant thereto. 

Section 3503.5 prohibits the take, possession, or needless destruction of 

any nests, eggs, or birds in the orders Falconiformes (New World 

vultures, hawks, eagles, ospreys, and falcons, among others) or 

Strigiformes (owls). Section 3513 prohibits the take or possession of any 

migratory nongame bird or part thereof, as designated in the MBTA. To 

avoid violation of the take provisions, it is generally required that projectrelated disturbance at active nesting territories be reduced or eliminated 

during the nesting cycle. 

Section 1600 et seq. (Lake and Streambed Alteration): Section 1600 et 

seq. of the California Fish and Game Code requires notifying the CDFW 

prior to any project activity undertaken in or near a river, stream, or lake 

that flows at least intermittently through a bed or channel. 

the California Fish and Game Code through project design measures to 

avoid take of all fully protected species, coordination with CDFW, and the 

mitigation measures identified in Section 3.7.7, Mitigation Measures. The 

Authority with require the Design/Build contractor to implement the 

identified conservation measures to avoid take of fully protected species.

The Authority would comply with Sections 3503, 3503.5, and 3513 of the 

California Fish and Game Code through avoidance and minimization 

measures identified in Section 3.7.7, Mitigation Measures, to reduce take 

of protected species. The Authority with require the Design/Build 

contractor to implement the conservation measures identified in the 

document.

The Authority would comply with the requirements of Section 1600 et seq. 

through coordination with CDFW and submittal of a Section 1602 Lake 

and Streambed Alteration Agreement application. The Authority with 

require the Design/Build contractor to implement the conservation 

measures identified in Section 1602 Lake and Streambed Alteration 

Agreement.
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Policy Title Summary Compliance Action

Natural Communities 

Conservation Planning Act

(California Fish and Game 

Code Sections 2800 to 

2835)

The Natural Communities Conservation Planning Act was enacted to 

encourage broad-based planning to provide for effective protection and 

conservation of the state’s wildlife resources while continuing to allow 

appropriate development and growth. Natural Community Conservation 

Plans (NCCP) may be implemented, which identifies measures 

necessary to conserve and manage natural biological diversity within the 

planning area, while allowing compatible and appropriate economic 

development, growth, and other human uses. 

The project does not require the preparation of the NCCP and does not 

occur within an approved NCCP. The Authority would comply with the 

requirements of Sections 2800 to 2835 of the California Fish and Game 

Code through coordination with CDFW.

California Native Plant 

Protection Act

(California Fish and Game 

Code Sections 1900 to 

1913)

The California Native Plant Protection Act requires all state agencies to 

use their authority to carry out programs to conserve endangered and 

rare native plants. The California Native Plant Protection Act gives the 

CDFW the power to designate native plants as “endangered” or “rare” 

and prohibits the take of such plants, with certain exceptions. 

The Authority would comply with the requirements of Sections 1900 to 

1913 of the California Fish and Game Code through coordination with 

CDFW and, if warranted, submittal of a Section 2081 Incidental Take 

Permit application. The Authority with require the Design/Build contractor 

to implement the conservation measures identified in the Section 2081 

Incidental Take Permit.

Porter-Cologne Water 

Quality Control Act

Section 13260(a) of the California Water Code (Porter-Cologne Water 

Quality Control Act) requires any person discharging waste or proposing 

to discharge waste, other than to a community sewer system, within any 

region that could affect the quality of the waters of the state to file a 

Report of Waste Discharge. The SWRCB is responsible for the 

implementation of the act. 

The Authority would comply with the requirements of the Porter-Cologne 

Water Quality Control Act through coordination with the SWRCB and 

submittal of a Section 401 Water Quality Certification application and 

Section 402 NPDES permit. The Authority with require the Design/Build 

contractor to implement the terms and conditions associated with the 

Section 401 and Section 402 permits.

Authority = California High-Speed Rail Authority

CDFW = California Department of Fish and Wildlife

CESA = California Endangered Species Act

CWA = Clean Water Act

MBTA = Migratory Bird Treaty Act

NCCP = Natural Community Conservation Plans

NPDES = National Pollutant Discharge Elimination System

SWRCB = State Water Resource Control Board
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3.7.1.4 Habitat Conservation Plans in the Project Vicinity

A Habitat Conservation Plan (HCP) is a document that must accompany an incidental take 

permit request under Section 10 of the federal ESA. HCPs are required to include outlines on 

methods for maintaining, enhancing, and protecting habitats needed for the conservation of 

specific species as well as including plans for permanent protection of habitats, restoration of 

habitats, and measures to minimize impacts. Three HCPs have been identified in the project 

vicinity. 

• Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) (City of Bakersfield and Kern

County 1994)

• Draft Kern County Valley Floor Habitat Conservation Plan (VFHCP) (Garcia and Associates

2006)

• Pacific Gas &and Electric Company San Joaquin Valley Operations and Maintenance Habitat

Conservation Plan (Jones & Stokes 2006)

These regulations are discussed in further detail in Section 5.1.5 of the F-B LGA: Biological 

Resources and Wetlands Technical Report (Authority and FRA 2017: pages 5-3 and 5-4).

3.7.2 Methods for Evaluating Impacts

This section describes the methods used for evaluating potential impacts on biological resources 

including the development of study areas, background review and field surveys. Section 6.1.1 of 

the F-B LGA: Biological Resources and Wetlands Technical Report (Authority and FRA 2017: 

pages 6-1 and 6-2) provides more detail on the methods used for evaluating impacts.

3.7.2.1 Methods for Evaluating Effects under National Environmental Policy 

Act 

In the Fresno to Bakersfield Section Final EIR/EIS, analysts applied specified thresholds for each 

resource topic to assess whether the intensity of each impact is negligible, moderate, or 

substantial for the Build Alternatives, and provided a conclusion of whether the impact was 

“significant.” Since the Fresno to Bakersfield Section Final EIR/EIS does not evaluate the May 

2014 Project as a discrete subsection of the Fresno to Bakersfield Project (as it did for example 

for the Allensworth Bypass), it does not provide conclusions using intensity thresholds for the May 

2014 Project. Therefore, intensity thresholds are not used for the F-B LGA. Instead, the 

evaluation of impacts under National Environmental Policy Act in this Draft Supplemental 

EIR/EIS focuses on a comprehensive discussion of the project’s potential impacts in terms of 

context, intensity, and duration and provides agency decision makers and the public with an 

apples-to-apples comparison between the May 2014 Project and the F-B LGA.

3.7.2.2 CEQA Significance Criteria

For the purposes of this project, the following thresholds are used to define a significant impact 

on biological resources. These thresholds are based on issues identified in Appendix G of the 

CEQA Guidelines. The project would result in a significant impact on biological resources if it 

would:

• Have a substantial adverse effect, either directly or through habitat modifications, on any

species identified as a candidate, sensitive, or special-status species in local or regional

plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or

United States Fish and Wildlife Service (USFWS).

• Have a substantial adverse effect on any riparian habitat or other sensitive natural community

identified in local or regional plans, policies, or regulations, or by the CDFW or USFWS.

• Have a substantial adverse effect on federally protected wetlands, as defined by Clean Water

Act Section 404 (including canals, ditches, retention and detention basins, and seasonal

riverine) through direct removal, filling, hydrological interruption, indirect or cumulative effects,

or other means.
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• Interfere substantially with the movement of any native resident or migratory fish or wildlife

species or with established native resident or migratory wildlife corridors, or impede the use

of native wildlife nursery sites.

• Conflict with any local policies or ordinances protecting biological resources, such as a tree

preservation policy or ordinance.

• Conflict with the provisions of an adopted HCP, Natural Community Conservation Plan, or

other approved local, regional, state, or federal HCP.

Mandatory findings of significance within Section 15065 of the CEQA guidelines require the lead 

agency to determine whether a project may have a significant effect on the environment where 

substantial evidence indicates that negative impacts may occur to biological resources. The 

negative conditions are defined as: (1) the project has the potential to substantially degrade the 

quality of the environment, reduce habitat of wildlife species, cause wildlife populations to drop 

below self-sustaining levels, threaten to eliminate a plant or animal community, substantially 

reduce or restrict the range of a listed species; (2) the project has the potential to achieve shortterm environmental goals to the disadvantage of long-term environmental goals; and (3) the 

project has environmental effects that are individually limited but cumulatively considerable. 

Under CEQA’s mandatory findings of significance, the project would result in a significant impact 

if it would:

• Substantially reduce the habitat of a fish or wildlife species.

• Cause a fish or wildlife population to drop below self-sustaining levels.

• Threaten to eliminate a plant or animal community.

• Substantially reduce the number or restrict the range of an endangered, rare, or threatened

species.

General indicators of significance, based on guidelines or criteria in National Environmental 

Policy Act, CEQA, the Clean Water Act, CESA, FESA, and regulatory guidance from the FRA

include:

• Potential modification or destruction of habitat, movement corridors, or breeding, feeding, and

sheltering areas for endangered, threatened, rare, or other special-status species.

• Potential measurable degradation of protected habitats, sensitive vegetation communities,

wetlands, or other habitat areas identified in plans, policies, or regulations.

• Potential loss of a substantial number of any species that could affect the abundance or

diversity of that species beyond the level of normal variability.

• Potential indirect impacts, both temporary and permanent, from excessive noise that elicits a

negative response and avoidance behavior.

3.7.2.3 Definitions and Background Review Criteria

Study Areas

Study areas were developed for the various biological resources (jurisdictional waters, plants, 

wildlife, and habitats) that occur or have the potential to occur in the study area. Details on how 

the study areas were established are described below and Figure 3.7-1 shows how the study 

areas are spatially distributed.

The Wetland Study Area is the project footprint plus a 250-foot buffer to evaluate direct and 

indirect impacts on wetlands and the special-status wildlife species that use them. Direct impacts 

on wetlands are within the project footprint and indirect impacts are evaluated within the 250-foot 

buffer. 
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The Special-Status Plant Study Area is the project footprint to evaluate direct impacts plus a 100-

foot buffer to evaluate indirect impacts on sensitive plant resources (including special-status 

plants, special-status plant communities, and protected trees). 

The Habitat Study Area is the project footprint plus a 1,000-foot buffer to evaluate direct and 

indirect impacts on habitats and the special-status wildlife species that use them. The Habitat 

Study Area was divided into two areas: a core Habitat Study Area and an auxiliary Habitat Study 

Area. A supplemental Habitat Study Area was identified for select species that required further 

analysis based on agency- or protocol-recommended species-specific buffers:

• The core Habitat Study Area includes the proposed project footprint and a 250-foot buffer.

The core Habitat Study Area was the area that was physically surveyed (where access was

granted).

• The auxiliary Habitat Study Area, which extends from the edge of the core area laterally 750

feet, was surveyed through extrapolation of observations made in the core Habitat Study

Area, from aerial photograph interpretation, and in windshield surveys.

• The supplemental Habitat Study Area extends laterally from the project footprint up to 1.24

miles, depending on the target species, and identifies species-specific habitats based on

aerial photograph interpretation and documented occurrences of the species, and on

observations of special-status species and their habitats made in the field.

Literature Review

Before conducting field surveys, the Authority reviewed existing background information to 

identify the locations of jurisdictional waters, special-status plant and wildlife species, specialstatus plant communities, protected (heritage) trees, wildlife movement areas, natural lands, and 

federally designated or proposed critical habitat units recorded in the F-B LGA. 

Jurisdictional Waters

The methodology for the identification of wetlands and other waters was largely established in the 

Central Valley Biological Resources and Wetland Survey Plan, which was prepared in part for the 

Fresno to Bakersfield Section (Authority and FRA [2009] 2011a).

To determine the location, type, and potential extent of known special aquatic resource features, 

geographic information system (GIS) data were obtained from the following sources:

• National Wetlands Inventory (USFWS 2015)

• National Hydrography Dataset (United States Geological Survey [USGS] 2015)

• Holland Central Valley Vernal Pool Complexes dataset, also known as the CDFW Central

Valley Vernal Pool Habitat dataset (Holland 2009)

• 100-Year Flood Plain (Federal Emergency Management Agency 2008)
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Figure 3.7-1 Schematic of Biological Resource Study Areas
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In addition to conducting background research, and before conducting the field surveys, the 

following sources of information were reviewed for the F-B LGA: 

• Recent aerial photographs of the Wetland Study Area and vicinity (ESRI Virtual Earth

Imagery Services 2016; Google Earth Imagery 2016)

• Soil Survey of Kern County (United States Department of Agriculture 1988)

• Standard biological references and field guides, including the Jepson Manual (Baldwin, B.G,

et al., editors 2012)

• Arid West Regional Wetland Plant List (United States Army Corps of Engineers [USACE]

2014) 

• USGS 7.5-minute (1:24,000) topographical quadrangle sheets (Wasco, Rio Bravo, Rosedale,

Oildale, Oil Center, and Lamont)

• Recent and historical regional precipitation records

Special-Status Species and Special-Status Plant Communities

A list of special-status species, designated and proposed critical habitat, special-status plant 

communities, and wildlife movement corridors known or potentially occurring in the Special-Status 

Plant Study Area and the Habitat Study Area was reviewed based on existing federal, state, and 

private databases, and agency information. Database queries included all reported occurrences 

within 10 miles of the F-B LGA or potentially within the various USGS 7.5-minute quadrangles 

(quads) that overlapped with the F-B LGA and their eight surrounding quads (collectively referred 

to as a nine-quad search area). The following data sources were reviewed:

• USFWS Sacramento Field Office Web Site: A list of federal candidate, proposed, threatened,

and endangered special-status wildlife and plant species, and their federally-designated or

proposed critical habitats, known or having the potential to occur within a nine-quad search

area around the F-B LGA was generated (USFWS 2017).

• California Natural Diversity Database (CNDDB)/RareFind: A list of special-status plant and

wildlife species, CDFW-designated special-status plant communities, and California Native

Plant Society (CNPS) listed special-status plant species was prepared through a two-fold

inquiry consisting of a standard nine-quad search using the RareFind program and a GIS

mapping exercise of all occurrences within 10 miles of the F-B LGA. This two-fold inquiry was

performed to ensure that all special-status species, including those listed by the CDFW as

“sensitive”, whose geographic location data had been suppressed, were captured in the

query (CDFW 2017).

• CNPS Online Inventory of Rare and Endangered Plants of California: A list of CNPS specialstatus plant species that may occur in the nine-quad search area was generated using the

online inventory database (CNPS 2017).

• California Wildlife Habitat Relationship (CWHR) System: The list of CDFW special-status

wildlife species was augmented through a GIS exercise that overlaid the F-B LGA with

wildlife species (amphibians, reptiles, birds, and mammals) range maps available through the

CWHR System (CDFW 2016). This query captured additional special-status species whose

known geographic range occurs within 10 miles of the F-B LGA (CDFW 2016).

• USFWS Recovery Plans: Recovery Plan for Upland Species of the San Joaquin Valley,

California (USFWS 1998) and the Recovery Plan for Vernal Pool Ecosystems of California

and Southern Oregon (USFWS 2005a), and a number of Federal Register publications,

public agency technical reports, survey guidelines, and other published reports.

• USFWS Birds of Conservation Concern for Region 8 (California and Nevada) (USFWS

2008).
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Protected Trees

To identify the requirements for protected trees, county and city ordinances, and codes were 

reviewed, as well as available general plans and HCPs: 

• Kern County General Plan, Land Use, Conservation and Open Space Element, General

Provisions, Section 1.10.5 – Threatened and Endangered Species, Policies 27 through 32,

Implementation Measures Q through S, Section 1.10.10 – Oak Tree Conservation, Policies

65 and 66, Implementation Measure KK (Kern County Planning Department 2007)

• Kern County Municipal Code, Title 13, Chapter 13.16, Nature Preservation Areas (Kern

County 2010)

• Kern County Municipal Code, Title 19, Chapter 19.73, Kern River Combining District (Kern

County 2010)

• The Kern River Plan Element, Chapter 3, Section 3.3 - Riparian Vegetation and Wildlife

Habitat, Goals, and Policies 1 through 10 (Kern County Planning Department 1985)

• Metropolitan Bakersfield Habitat Conservation Plan (City of Bakersfield and Kern County

1994)

• Shafter Code of Ordinances, Title 12, Chapter 12.28, Trees and Shrubs (City of Shafter

2010)

• Bakersfield Municipal Code, Title 12, Chapter 12.40, Street Trees; and Chapter 12.56, Parks

(City of Bakersfield 2010)

Wildlife Movement Corridors

Known wildlife movement corridors were identified through a review of published technical reports 

and information available from regulatory agencies. The following data sources were obtained 

and used as a preliminary guide to understanding the location and species-specific requirements 

of the wildlife movement corridors that have been identified in the vicinity of the F-B LGA: 

• Wildlife movement corridors identified in Missing Linkages: Restoring Connectivity to the

California Landscape (Penrod et al. 2001), which was prepared in response to the 2000

Missing Linkages conference.

• South Coast Missing Linkage: A Linkage Design for the Tehachapi (Penrod et al. 2003),

which provided a more in-depth analysis of the Bakersfield/Tehachapi region based on the

earlier Missing Linkages report.

3.7.2.4 Field Surveys

This section describes the various field surveys conducted in the study areas and summarizes 

the methods used to complete the field surveys. Field data collection relied heavily on the results 

documented in Section 4.2 of the Fresno to Bakersfield Section Biological Resources and 

Wetlands Technical Report (pages 4-4 through 4-34). Based on the information collected and 

described in Section 4.2 of the Fresno to Bakersfield Section Biological Resources and Wetlands

Technical Report (pages 4-4 through 4-34) and the literature and aerial photograph review 

conducted for the F-B LGA, the Authority and FRA determined that the habitat conditions for the 

F-B LGA are generally low quality and commensurate to equivalent habitat conditions identified

for the southern portion of the Fresno to Bakersfield Section.

Permission to enter was requested on August 24, 2015 for a total of 54 parcels (534.31 acres) but 

only granted for 8 parcels (18.36 acres).

Reconnaissance Field Trip

A reconnaissance field trip was conducted to review and obtain preliminary information for 

various field survey efforts, and to determine health and safety hazards, resources present, and 

potential biological resource issues in the F-B LGA Wetland Study Area. The reconnaissance 
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survey was conducted on July 30–31, 2015 prior to permission to enter authorization. Since no 

permission to enter authorization was available at the time of the survey, all ground-truthing and 

photo-documentation were conducted from public roads.

Delineation of Jurisdictional Waters

The delineation of jurisdictional waters was conducted on August 27, 2015 and December 2–3, 

2015, according to the methods described in the Central Valley Biological Resources and 

Wetland Survey Plan, which was prepared in part for the Fresno to Bakersfield Section (Authority

and FRA [2009] 2011a). 

For the F-B LGA, Waters of the State and CDFW Waters are the same as Waters of the US and 

are treated as such for delineation purposes. Wetland scientists conducted a detailed delineation 

of jurisdictional waters of the F-B LGA Wetland Study Area. The delineations of jurisdictional 

waters were conducted for the purposes of obtaining a Preliminary Jurisdictional Determination

according to USACE Regulatory Guidance Letter 08–02 (USACE 2008a) and satisfying State 

Water Resources Control Board and CDFW criteria for mapping waters of the state. The 

delineation of jurisdictional waters did not require or attempt to determine the jurisdictional status 

of the various features. 

Wetland scientists recorded all jurisdictional waters both manually on map sheets and 

electronically on sub-meter-accuracy global positioning system units, where access was 

permitted, using the methods described in the USACE Wetlands Delineation Manual 

(Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers 

Wetland Delineation Manual: Arid West Region (USACE 2008b). The field maps covered the F-B 

LGA Wetland Study Area in the form of aerial photographs at a scale of 1-inch equals 200 feet. 

A separate technical report, the F-B LGA Second Supplemental Preliminary Jurisdictional Waters 

and Wetlands Delineation Report (Authority and FRA 2017a) was prepared to document the 

findings from the F-B LGA Wetland Study Area and was verified by the USACE on June 1, 2017.

Condition Assessments and Watershed Profiles

The aquatic features in the F-B LGA Wetland Study Area occur in essentially the same plant 

communities as the aquatic features in the Fresno to Bakersfield Wetland Study Area and the 

functions and values of the aquatic features are very similar. Additionally, the overall value of the 

features are low (with the exception of the Kern River). Consequently, data to develop conditions 

assessments and watershed profiles was extrapolated from the Fresno to Bakersfield Watershed 

Evaluation Report (2013).

Botanical Surveys

Botanical surveys are focused plant surveys for special-status plants during the normal blooming 

period of each species in areas identified as suitable habitat. Prior to the biological survey effort 

for the F-B LGA, it was determined that access was required for 54 properties to obtain full survey 

coverage of potential habitat for special-status plants; of those, permission to enter was only 

received for 9 properties and limited to the Kern River corridor, which constituted access to 

approximately 25 percent of the total acreage (28.56 acres of 111.21 acres) of potentially suitable 

special-status plant habitat in the Special-Status Plant Study Area. Therefore, definitive 

presence/absence conclusions cannot be made for all special status plant species. 

However, unsurveyed habitats that could support special-status plant species were identified 

through visual surveys (i.e., from adjacent public roads or parcels) and aerial interpretation, 

consistent with the methodology reflected in the Fresno to Bakersfield Section Final EIR/EIS, as 

described below.

The potential for special-status plants to occur in the Special-Status Plant Study Area was based 

on the results of Section 5.3.1 of the Fresno to Bakersfield Section Biological Resources and 

Wetlands Technical Report (pages 5-59 through 5-91) and Section 5.2 of the Fresno to 

Bakersfield Section Biological Assessment (pages 5-7 through 5-14). The Authority determined 

this methodology acceptable based on several comparable criteria between the F-B LGA Special-
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Status Plant Study Area and the May 2014 Project Special-Status Plant Study Area. Criteria used 

to validate this methodology approach includes, but is not limited to, the relative close proximity of 

the two alignments, presence of the same habitats in both Special-Status Plant Study Areas, 

overall regional low quality of habitat described in the California Rapid Assessment Method 

findings for both alignments, the majority of the F-B LGA Special-Status Plant Study Area 

consisting of urban or agricultural land with very little natural habitat, and negative results for 

special-status plant species presence for the May 2014 Project.

Trees 

Protected trees in the Special-Status Plant Study Area were identified based on county and local 

regulations. When permission to enter was granted, surveyors classified trees into groups, such 

as landscape/ornamental trees, or by species such as Fremont cottonwood. In areas where 

permission to enter was not granted, survey crews mapped “unknown” trees, using photo 

interpretation and ArcGIS software.

Wildlife Habitat Assessment

Wildlife habitat assessments were conducted according to the methods described in the Central 

Valley Biological Resources and Wetland Survey Plan, which was prepared in part for the Fresno 

to Bakersfield Section (Authority and FRA [2009] 2011a). Wildlife habitat assessment field 

surveys were conducted throughout the F-B LGA Habitat Study Area to identify and map CWHR 

wildlife habitat types using the wildlife habitat descriptions presented in A Guide to Wildlife 

Habitats of California (CDFG 1988) and the CWHR System (CDFW 2016). The wildlife habitat 

assessment was not intended to be a substitute for protocol-level surveys.

Due to property access restrictions, the similarity of habitat types between the F-B LGA Habitat 

Study Area and the Fresno to Bakersfield Habitat Study Area, and the general low quality of the 

habitat types present (orchards, urban), wildlife habitat assessment surveys in the F-B LGA

Habitat Study Area were conducted primarily via windshield surveys from existing public roads. 

Where pedestrian surveys were conducted, surveys consisted of meandering transects. In areas 

where pedestrian surveys were not possible and properties were not visible from the public rightof-way, the wildlife habitat field assessment was augmented with aerial photo interpretation and 

extrapolation of observations made on adjacent and nearby parcels.

Wildlife Movement Corridors

The background review of wildlife movement/migration corridors identified in Section 5.7.1 of the 

Fresno to Bakersfield Section Biological Resources and Wetlands Technical Report (pages 5-213 

through 5-219) was ground-truthed in the F-B LGA Habitat Study Area to determine the 

functionality of the identified movement corridors on both a local- and meta-population level. This 

field evaluation of potential movement corridors addressed their availability and suitability for 

migratory species, and identified changes in corridor quality on a rough landscape level. This 

evaluation was further augmented through a review of existing wildlife passages (such as 

culverts, washes, and automobile and train bridges) in the habitat survey area for signs of local 

wildlife movement. Potential migration barriers such as canals and roadways were also noted in 

the field.

3.7.3 Affected Environment

This section summarizes the existing biological resources within the study areas, which include 

regional setting, special-status species, habitats of concern (special-status plant communities, 

jurisdictional waters, critical habitat, essential fish habitat, conservation areas [i.e., lands that are 

protected because of their recognized ecological values], protected trees, and wildlife movement 

corridors). There are no applicable regional plans or policies pertaining to biological resources 

within the F-B LGA study area. However, there are four applicable regional plans, one recovery 

plan, and three Habitat Conservation Plans, applicable to the F-B LGA. More details are provided 

in Section 3.3 of the F-B LGA: Biological Resources and Wetlands Technical Report (Authority

and FRA 2017: pages 3-5 through 3-8). 
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3.7.3.1 Summary of the May 2014 Project Affected Environment

The affected environment for the May 2014 Project is similar to the affected environment for the 

F-B LGA given the proximity of the alternatives to one another and the existing resources 

present. Similar to the F-B LGA, the May 2014 Project occurs primarily in an agricultural and 

urban setting, and the remaining natural areas are small and fragmented. The land cover 

categories identified in the May 2014 Project Habitat Study Area include agricultural lands, 

developed areas, natural and semi-natural areas, and aquatic communities.

Aquatic resources that could potentially be affected by the May 2014 Project include 

canals/ditches, artificial lacustrine (retention/detention basins), seasonal riverine, and seasonal 

wetland features. Most of the aquatic resources in the Shafter area and south to Bakersfield are 

artificial and result from agricultural operations, and all are in poor condition. Farther south along 

both alignments toward Bakersfield, there are less disturbed features associated with the Kern 

River. 

In the Bakersfield region, urban land uses dominate the landscape. Portions of the May 2014 

Project occur on barren land, and natural terrestrial communities are present, although limited in 

the landscape. The natural terrestrial communities highly fragmented, and typically disturbed or 

highly altered due to recent and past land use practices. The May 2014 Project has remnant 

portions of seasonal riverine features associated with the Kern River, which is in a less disturbed 

condition and thus has more habitat value.

Upland riparian areas within the May 2014 Project are associated with the Kern River as it flows 

through Bakersfield. These riparian areas are composed of the upland habitat between the river

and the outer drip line of riparian vegetation along the river. The riparian areas are characterized 

primarily by willow trees and shrubby and herbaceous understory. The only special-status plant 

community that occurs within the May 2014 Project, black willow thickets, is associated with the 

Kern River. This riparian community is generally in relatively fair to good ecological condition; is 

associated with a river having varying levels of hydrologic manipulation; provides fair to good 

biological resources for plants and wildlife; and due to existing land uses in the region, has been 

physically reduced and restricted to narrow areas within this seasonal riverine feature. The 

existing acreage of the black willow thickets within the May 2014 Project Special-Status Plant 

Study Area is 7.06 acres.

The field surveys conducted within the accessible portions of the May 2014 Project SpecialStatus Plant Study Area identified no special-status plant species. However, special-status plant 

species have the potential to occur in areas of suitable habitat in parcels that were unsurveyed. 

Generally, these unsurveyed habitats have a low potential to support special-status plant species 

because suitable habitats and known occurrences of special-status plant species are rare in the 

May 2014 Project Special-Status Plant Study Area and throughout the Central Valley.

Forty-seven special-status wildlife species were determined to have a low, moderate, or high 

potential of occurring within the Habitat Study Area for the May 2014 Project. No special-status 

wildlife species have been observed in the footprint of the May 2014 Project; however, protocollevel surveys for special-status wildlife species were not conducted. The May 2014 Project is

located primarily in agricultural and urban habitats, yet there is suitable, but limited, habitat for 

special-status amphibian, reptile, mammal, and bird species as well as other native wildlife 

species. Special-status wildlife species that may be affected by the May 2014 Project include: 

Kern brook lamprey; western spadefoot; coast horned lizard; burrowing owl, Swainson’s hawk, 

and other raptors; Buena Vista Lake ornate shrew; San Joaquin kit fox; Tipton kangaroo rat; and 

special-status bats.

One habitat linkage, the Kern River riparian corridor, intersects the southern end of the May 2014 

Project. The Kern River riparian corridor and associated natural lands extends from the eastern 

Sierra Nevada foothills to the western Coast Range foothills and connects the natural lands along 

the approximately 30-mile-long Kern River riparian corridor, including western satellite population 

areas of northeast Bakersfield identified in the Recovery Plan for Upland Species of the San 

Joaquin Valley, California (USFWS 1998; Penrod et al. 2001).
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Refer to the affected environment discussion for the F-B LGA, below, for descriptions of plant 

communities and land cover types and regional setting information.

3.7.3.2 Fresno to Bakersfield Locally Generated Alternative

Regional Setting

Historically, the Central Valley was characterized by California prairie, marshlands, valley oak 

savanna, and extensive riparian woodlands (Hickman 1993). Today, more than 80 percent of the 

Central Valley is covered by farms and ranches (Natural Resources Conservation Service 2006). 

Overall, the study areas are highly disturbed and fragmented because of urban, agricultural, 

railroad, highway, and local road land cover types. In a few areas, native vegetation remains 

relatively undisturbed, although invasive and nonnative plant species may occur in these areas. 

Areas that have not been recently plowed or disked, or that show no sign of having been 

disturbed in recent decades, are referred to as “natural areas” in this document.

Major land uses between Shafter and Bakersfield include urban (industrial, commercial, and 

residential), rural residential, and agricultural. Undeveloped natural areas that occur in the vicinity 

are primarily limited to the Kern River corridor.

Watershed Profile

The F-B LGA is in the Tulare Lake Basin; specifically, the project is in three USGS (hydrologic 

unit code eight) sub-watershed basins (Figure 3.7-2): 

• Tulare–Buena Vista Lakes Watershed (18030012)

• Upper Poso Watershed (1803004)

• Middle Kern–Upper Tehachapi–Grapevine Watershed (1803003)

All of these watersheds are in the Tulare Lake Basin, which covers a large and diverse area in 

California. The profiles of each of the watersheds in the areas of the F-B LGA share many 

similarities across the Tulare Lake Basin. All of the watersheds are characterized by mostly 

protected headwaters. 

Throughout the Tulare Lake Basin and across all the watersheds in the Wetland Study Area, the 

Central Valley has largely been manipulated through agriculture, transportation, and urban 

development. These conversions have resulted in the loss, manipulation, and degradation of 

jurisdictional waters through upper watershed impoundments, removal of riparian vegetation, and 

other hydrological manipulations such as watercourse diversion and irrigation canals. These 

activities have largely resulted in an extensive reduction of riparian habitat, loss of natural stream 

channel functions, the accretion of streams, and the loss of Tulare Lake, Buena Vista Lake, and 

Kern Lake as well as an extensive loss of other sensitive aquatic features (i.e., vernal pools and 

swales).

Furthermore, the historical and current land use patterns have blurred the boundaries of the 

watersheds through the construction of an extensive network of irrigation canals and ditches. Due 

to the general north-south orientation and linear nature of the F-B LGA, impacts on aquatic 

features occur along most of the alignment. However, F-B LGA has a relatively small footprint 

relative to the overall size of the watershed.
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Figure 3.7-2 Soils and Watersheds
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Plant Communities and Land Cover Types

General Habitat Conditions – Terrestrial 

The categories of terrestrial plant communities and land cover types that occur in the Habitat 

Study Area are summarized below, and are depicted on Figure 3.7-3. The plant communities and 

land cover types identified in the Habitat Study Area include agricultural lands, developed areas, 

and natural and semi-natural areas. Habitat conditions in the Habitat Study Area are discussed in 

detail in Section 5.2.2 of the F-B LGA: Biological Resources and Wetlands Technical Report 

(Authority and FRA 2017: pages 5-9 through 5-15). 

The following descriptions of plant communities and land cover types are based on A Guide to 

Wildlife Habitats of California and the CWHR System (CDFG 1988).

Five types of agricultural land are found in the Habitat Study Area: cropland, irrigated hayfield, 

irrigated row and field crops, deciduous orchard, and vineyard (depicted on Figure 3.7-3). These 

agricultural lands are discussed in further detail in Section 5.2.2.1 of the F-B LGA: Biological 

Resources and Wetlands Technical Report (Authority and FRA 2017: pages 5-13 and 5-14). 

Developed areas are characterized by various types of cover, including barren and urban (e.g., 

commercial/industrial, transportation corridors) and depicted on Figure 3.7-3. Developed areas 

are discussed in further detail in Section 5.2.2.1 of the F-B LGA: Biological Resources and 

Wetlands Technical Report (Authority and FRA 2017: pages 5-14 and 5-15). 

The terms natural and semi-natural areas are used to distinguish the land uses and plant 

communities described in the subsequent sections from communities where current human 

influences substantially influence the plant composition and structure. While the natural and seminatural plant communities have been altered to some extent by past and present human 

activities, the composition and structure of these communities are generally not actively managed 

or controlled. A distinction is also made between those habitats that are largely characterized by 

native plants and those in which the dominant plants are introduced species.

Natural and semi-natural areas are characterized by various types of cover, including annual 

grassland (depicted on Figure 3.7-3). Ruderal plant species are found along the margins and 

sometimes within natural and semi-natural habitat types. Natural and semi-natural areas are 

discussed in further detail in Section 5.2.2.1 of the F-B LGA: Biological Resources and Wetlands

Technical Report (Authority and FRA 2017: pages 5-10 through 5-13).

General Habitat Conditions – Aquatic

The categories of aquatic plant communities and land cover types that occur in the Habitat Study 

Area are summarized below, and are depicted on Figure 3.7-3. Aquatic plant communities and 

cover types are based on the Guide to Wildlife Habitats of California and CWHR System (CDFG 

1988, CDFW 2016), and include lacustrine and riverine. 

Lacustrine areas are limited to man-made basins (e.g., retention/detention basins) used for water

storage and groundwater recharge. They occur throughout the Habitat Study Area and range in 

size from less than 1,000 square feet to 2 acres. Lacustrine areas are discussed in further detail 

in Section 5.2.2.1 of the F-B LGA: Biological Resources and Wetlands Technical Report 

(Authority and FRA 2017: page 5-13).

Based on the agricultural practices observed during the various field surveys, lacustrine habitats 

are regularly exposed to a variety of agricultural uses and likely include heavy loads of pollutants 

such as fertilizers, pesticides, rodenticides, and other toxic chemicals. As with riverine areas, 

basins used for water storage and groundwater recharge are subject to fluctuations in water level, 

depending on the needs of the landowner, and may be dry during portions of the year. Although 

lacustrine habitats in the Habitat Study Area are man-made and controlled, they provide 

important habitat for many wildlife species.
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Figure 3.7-3 Wildlife Habitat Types

(Inset Area 1) 

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Figure 3.7-3 Wildlife Habitat Types

(Inset Area 2)
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Riverine habitat in the Habitat Study Area consists of open-water areas in canals and irrigation 

ditches, and open-water areas in the flow channel of rivers, such as the Kern River. Due to 

extensive water diversion for agricultural purposes, riverine habitats in the Habitat Study Area do 

not exhibit natural flow regimes and may be dry throughout a given year. In these areas,

vegetation was either absent or sparse along sandy bottoms due to water-level fluctuations, 

vehicle disturbance, or maintenance activities in an irrigation canal or ditch. Typical vegetation, 

when present, was dominated by weedy species such as mustards (Brassicaceae) and grasses. 

Wildlife species observed or expected to occur in riverine habitats during the various field surveys 

include bullfrog (Rana catesbeiana), mosquito fish (Gambusia affinis), carp (Cyprinus carpio), 

dragonflies (Anisoptera), red swamp crayfish (Procambarus clarkii), and Asian clam (Corbicula 

fluminea). 

Native Fauna Assemblage

Although the impact analysis in this section focuses on special-status wildlife species, it is 

anticipated that impacts would occur on other native fauna within the Habitat Study Area. Native 

fauna observed during field surveys are discussed in the Fresno to Bakersfield Section: Biological 

Resources and Wetlands Technical Report (Authority and FRA 2017: pages 5-15 through 5-18). 

Typical native fauna observed during surveys included the great white egret (Ardea alba), redwinged blackbird (Agelaius phoeniceus), mourning dove (Zenaida macroura), American crow 

(Corvus brachyrhynchos), red-tailed hawk (Buteo jamaicensis), American kestrel (Falco 

sparverius), American robin (Turdus migratorius), western scrub jay (Aphelocoma californica), 

turkey vulture (Cathartes aura), Brewer’s blackbird (Euphagus cyanocephalus), white-faced ibis 

(Plegadis chihi) (seasonally present), American coot (Fulica americana) (seasonally abundant), 

California ground squirrel (Otospermophilus beecheyi), Botta’s pocket gopher (Thomomys 

bottae), and western fence lizard (Sceloporus occidentalis).

Special-Status Species

Based on the literature review, 47 special-status plant species and 56 special-status wildlife 

species were evaluated for their potential to occur within the F-B LGA Habitat Study Area. A list 

was compiled of the special-status plant and wildlife species with potential to occur in the region 

based on CNDDB and CNPS occurrence data, the presence or absence of suitable habitat 

identified in the Habitat Study Area, and the species’ known geographic or elevation range. 

Special-status plant species with potential to occur in the Special-Status Plant Study Area are 

listed in Table 3.7-3. Special-status wildlife species with potential to occur in the Habitat Study 

Area are listed in Table 3.7-4. Special-status species and potential for occurrence within the 

biological resources study areas are described in more detail in Section 5.3 of the F-B LGA: 

Biological Resources and Wetlands Technical Report (Authority and FRA 2017: pages 5-15

through 5-58). 
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Table 3.7-3 Special-Status Plant Species with Potential to Occur in the Special-Status Plant 

Study Area

Common Name Scientific Name Federal 

Status

State/CRPR 

Status

Habitat Potential to Occur

Federally and State-Listed Species

Bakersfield

smallscale

Atriplex 

tularensis

— SE/1A Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

300–655 feet

Potential to occur. There are

several CNNDB and CNPS 

occurrences in central Kern County, 

just west of the Special-Status Plant 

Study Area.

California

flower

jewel- Caulanthus 

californicus

FE SE/1B.1 Alkali desert

scrub, annual

grassland, 

pasture; 240–

2,950 feet

Potential to occur. There are

numerous CNDDB and CNPS

occurrences in central and west Kern 

County. The Special-Status Plant 

Study Area habitats and elevations 

are similar to those where this 

species was previously observed.

Kern mallow Eremalche 

kernensis

FE —/1B.2 Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

300–900 feet

Not likely to occur. The populations 

of conservation concern are in the 

Lokern area, which is approximately 

16 miles west of the Special-Status 

Plant Study Area. This species is not 

expected to occur in the SpecialStatus Plant Study Area.

San Joaquin

woolly-threads

Monolopia 

congdonii

FE —/1B.2 Alkali desert

scrub, annual

grassland, 

pasture; 200–

2,600 feet

Potential to occur. There are

numerous CNDDB and CNPS 

occurrences in Kern County in the

vicinity of the Special-Status Plant 

Study Area. Some of the SpecialStatus Plant Study Area habitats and 

elevations may be suitable for the 

species.

Bakersfield

cactus

Opuntia basilaris 

var. treleasei

FE SE/1B.1 Chenopod

valley and

grassland;

1,800 feet

scrub,

foothill

460–

Not likely to occur. There are

numerous CNDDB and CNPS 

occurrences in central Kern County, 

in the vicinity of the Special-Status 

Plant Study Area; however, most are 

extirpated due to development. 

Suitable habitats in the SpecialStatus Plant Study Area are highly 

fragmented and degraded.

Other Special-Status Plant Species

Horn’s

vetch

milk- Astragalus 

var. hornii

hornii — 1B.1 Alkali desert

scrub, annual

grassland, 

pasture; 200–

2,790 feet

Potential to occur. There are

several CNDDB and CNPS

occurrences in southwest Kern 

County, west of the Special-Status 

Plant Study Area. Some of the

Special-Status Plant Study Area

habitats and elevations are similar

those where this species was 

previously observed.

to 
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Draft Supplemental EIR/EIS

Common Name Scientific Name Federal 

Status

State/CRPR 

Status

Habitat Potential to Occur

Heartscale Atriplex 

cordulata

— 1B.2 Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

0–1,000 feet

Potential to occur. There are 

several CNDDB and CNPS 

occurrences in west-central Kern 

County, primarily west of the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

highly conductive clay soils are 

similar to those where this species 

was previously observed.

Brittlescale Atriplex 

depressa

— 1B.2 Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

0–1,050 feet

Potential to occur. There are 

several CNDDB and CNPS 

occurrences in west-central Kern 

County, primarily west of the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

highly conductive clay soils are 

similar to those where this species 

was previously observed.

Earlimart

orache

Atriplex 

erecticaulis

— 1B.2 Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

130–330 feet

Potential to occur. There are

several CNDDB and CNPS

occurrences in northwest Kern 

County, both east and west of the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

soils are similar to those where this 

species was previously observed.

Lesser saltscale Atriplex 

minuscula

— 1B.1 Alkali desert

scrub, annual

grassland, vernal

pools, pasture;

50–660 feet

Potential to occur. There are 

several CNDDB and CNPS 

occurrences in northwest Kern 

County, both east and west of the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

sandy alkaline soils are similar to 

those where this species was 

previously observed.

Subtle orache Atriplex subtilis — 1B.2 Alkali desert

scrub, annual

grassland, vernal

pools, pasture 

130–330 feet

Potential to occur. There are 

several CNDDB and CNPS 

occurrences in west-central Kern 

County, both east and west of the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats and elevations 

are similar to those where this 

species was previously observed.
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Draft Supplemental EIR/EIS

Common Name Scientific Name Federal 

Status

State/CRPR 

Status

Habitat Potential to Occur

Round-leaved

filaree

California 

macrophylla

— 1B.2 Annual grassland,

valley foothill

riparian, pasture;

50–4,000 feet

Potential to occur. There are

numerous CNDDB and CNPS 

occurrences in Kern County, near the 

Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

highly conductive soils are similar to 

those where this species was 

previously observed.

Alkali

lily

mariposa Calochortus 

striatus

— 1B.2 Alkali desert

scrub, pasture;

300–5,230 feet

Potential to occur. There are

several CNDDB and CNPS

occurrences in Kern County, some 

near the Special-Status Plant Study 

Area. Some of the Special-Status 

Plant Study Area habitats,

elevations, and soils are similar to 

those where this species was 

previously observed.

Slough thistle Cirsium 

crassicaule

— 1B.1 Alkali desert

scrub, fresh

emergent

wetland, valley

foothill riparian, 

riverine, 

lacustrine, annual

grassland,

pasture; 10–328

feet

Potential to occur. There are

several CNDDB and CNPS

occurrences in Kern County, west of 

the Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats, elevations, and 

soils are similar to those where this

species was previously observed.

Hoover’s

woolly-star

Eriastrum 

hooveri

FD 4.2 Alkali desert

scrub, annual

grassland,

pasture; 165–

3,000 feet

Potential to occur. The species is 

known to occur in Kern County. 

Some of the Special-Status Plant 

Study Area habitats and elevations 

are similar to those where this 

species was previously observed.

California

satintail

Imperata 

brevifolia

— 2B.1 Alkali desert

scrub, annual

grassland, 

pasture; 0–1,500

feet

Potential to occur. There are

several CNDDB and CNPS

occurrences throughout California

and west-central Kern County, in the 

vicinity of the Special-Status Plant 

Study Area. Some of the SpecialStatus Plant Study Area habitats are 

similar to those where this species 

was previously observed.
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Draft Supplemental EIR/EIS

Common Name Scientific Name Federal 

Status

State/CRPR 

Status

Habitat Potential to Occur

Munz’s tidy-tips Layia munzii — 1B.2 Alkali desert

scrub, annual

grassland,

pasture; 150–

2,500 feet

Potential to occur. There are

numerous CNDDB and CNPS 

occurrences in northwest Kern 

County west of the Special-Status 

Plant Study Area. Some of the 

Special-Status Plant Study Area 

habitats, elevations, and highly 

conductive soils are similar to those

where this species was previously 

observed.

King’s gold Tropidocarpum 

californicum

— 1B.1 Alkali desert

scrub, annual

grassland,

pasture; 0–215

feet

Potential to occur. There is one 

CNDDB and CNPS occurrence in

northwestern Kern County, west of 

the Special-Status Plant Study Area. 

Some of the Special-Status Plant 

Study Area habitats and elevations 

are similar to those where this 

species was previously observed.

Sources: CNPS, CNDDB, USFWS, 2017 

— = No impact or not applicable 

This table does not include special-status plant species that were determined to have “no potential to occur” or are “not likely to 

occur” within the Special-Status Plant Study Area.

Federal Status CRPR 

FD: Delisted. Status to be monitored for 5 years

FE: Listed as endangered under the Endangered Species

Act FT: Listed as threatened under the Endangered Species 

Act.

State Status

SE: Listed as endangered under the California Endangered 

Species Act 

ST: Listed as threatened under the California Endangered 

Species Act. 

CRPR = California Rare Plant Ranks

1B: Rare, threatened, or endangered in California and 

elsewhere

2: Rare, threatened, or endangered in California, but more 

common elsewhere 

3: More information is needed

4: Limited distribution or infrequent throughout California 

0.1: Seriously endangered in California

0.2: Fairly endangered in California

0.3: Not very endangered in California
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Draft Supplemental EIR/EIS

Table 3.7-4 Special-Status Wildlife Species with Potential to Occur in the Habitat Study 

Area

Common 

Name

Scientific 

Name

Federal 

Status1

State 

Status2

Potential to Occur

Federally and State-Listed Species

Golden eagle Aquila 

chrysaetos

— —/FP Not likely to occur: The Habitat Study Area lies within the

species’ known range and marginally suitable foraging

habitat was identified. This species is not expected to nest 

near the Habitat Study Area, but could occur foraging.

Swainson’s 

hawk

Buteo 

swainsoni

— ST Potential to occur: Suitable nesting/foraging habitat in the

way of mature trees and grassland/agricultural areas

present onsite for the species; additional CNDDB records

confirm Swainson’s hawk nesting in the region.

White-tailed 

kite

Elanus 

leucurus

— —/FP Potential to occur: suitable habitat (open grasslands,

riparian habitat, and irrigated crop field) are present onsite

for the species; one CNDDB record has been reported

within a 10-mile radius.

American 

peregrine

falcon

Falco 

peregrinus 

anatum

Delisted SE/FP Potential to occur: Suitable foraging habitat (open

grasslands, fallow fields, and irrigated crop field) are present

onsite for the species; no CNDDB records have been

reported within a 10-mile radius.

Greater

sandhill crane

Grus 

canadensis 

tabida

— ST/FP Potential to occur: The Habitat Study Area lies within the

species’ known range and suitable habitat (grasslands and

crop and grain fields) were identified; no CNDDB records

have been reported within a 10-mile radius.

Bald eagle Haliaeetus 

leucocephalus

Delisted SE/FP Not likely to occur: The Habitat Study Area lies within 

species’ known range and marginally suitable foraging

habitat was identified. However, there are no large 

waterbodies nearby and this species is not expected to 

occur. No CNDDB records have been reported within a 

mile radius.

the

10-

Nelson’s 

antelope 

squirrel

Ammospermop

hilus nelsoni

— ST Potential to occur: No Nelson’s antelope squirrels were

observed during 2015 field surveys; however, the Habitat

Study Area lies within the species’ known range and

suitable grassland habitat was identified; CNDDB records

have been reported within a 10-mile radius.

Ringtail Bassariscus 

astutus

— —/FP Potential to occur: Portions of the Habitat Study Area lie

within the range of this species. This species is not tracked 

by the CNDDB. In 2011, ringtail tracks were observed

along the Kern River in the vicinity of the Habitat Study

Area. Suitable habitat for this species is present along the

Kern River.

Tipton 

kangaroo rat

Dipodomys 

nitratoides 

nitratoides

FE SE Potential to occur: Although potentially suitable fossorial 

burrows were observed during 2015 field surveys, no Tipton

kangaroo rats were identified; however, the Habitat Study 

Area lies within the species’ known range and suitable

habitat was identified; numerous CNDDB records have

been reported within a 10-mile radius.
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Draft Supplemental EIR/EIS

Common 

Name

Scientific 

Name

Federal 

Status1

State 

Status2

Potential to Occur

Buena Vista 

Lake ornate 

shrew

Sorex ornatus 

relictus

FE --- Potential to occur: The Fresno to Bakersfield Section Final 

EIR/EIS did not consider this species to have the potential 

to occur based on previous understandings of its range and 

habitat preferences. Recent studies indicate that the range 

of the species overlaps the Habitat Study Area and that the 

Habitat Study Area contains suitable (mesic sites including 

wetland areas) and marginally suitable (xeric sites including 

grasslands and irrigated agricultural lands within 200 feet of 

water) habitat.

San Joaquin 

kit fox 

Vulpes 

macrotis 

mutica 

FE ST Potential to occur: No San Joaquin kit foxes were

observed during 2015 field surveys; however, the Habitat

Study Area lies within the species’ known range and

suitable grassland and scrubland habitat was identified;

numerous CNDDB records have been reported within a 10-

mile radius.

Other Special-Status Wildlife Species

Kern brook 

lamprey

Entospenus 

hubbsi

— CSC Potential to occur: No Kern brook lamprey were observed

during 2015 field surveys; however, the Habitat Study Area 

lies within the known range of the species and, despite,

extensive water diversions and instream obstructions to

migratory movement, suitable habitat is present within the

Friant-Kern Canal; a single CNDDB record has been

reported within a 10-mile radius.

Western 

spadefoot 

Spea 

hammondii

— CSC Potential to occur: This species was not observed during 

the 2015 field survey efforts. However, the seasonal 

wetlands present in the Habitat Study Area could support 

western spadefoot. Additionally CNDDB records confirm

western spadefoot occurrences throughout the San Joaquin

Valley.

Western pond 

turtle 

Emys 

marmorata

— CSC Potential to occur: No western pond turtles were observed

during 2015 field surveys; however, the Habitat Study Area 

lies within the species’ known range and suitable ponds,

irrigation ditches, and river habitat was identified; CNDDB

records have been reported within a 10-mile radius.

Silvery 

legless lizard

Anniella 

pulchra pulchra

— CSC Potential to occur: No silvery legless lizards were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range and

suitable soils and riparian habitat were identified; CNDDB

records have been reported within a 10-mile radius.

San Joaquin 

whipsnake

Masticophis 

flagellum 

ruddocki

— CSC Potential to occur: The Habitat Study Area lies within the

historical range of the San Joaquin whipsnake. No San

Joaquin whipsnakes were observed during 2015 field 

surveys; however, the Habitat Study Area lies within the

species’ historical range and suitable grassland and

scrubland habitat was identified; CNDDB records have been

reported within a 10-mile radius.
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Draft Supplemental EIR/EIS

Common 

Name

Scientific 

Name

Federal 

Status1

State 

Status2

Potential to Occur

Coast 

lizard

horned Phrynosoma 

blainvillii

— CSC Potential to occur: Marginally suitable habitat (annual 

grassland and valley foothill riparian communities) are

present onsite for the species; additional CNDDB records

confirm coast horned lizard occurrences throughout the San

Joaquin Valley.

Western 

burrowing owl

Athene 

cunicularia

— CSC Potential to occur: Suitable habitat (open grasslands and

fallow fields with fossorial activity) is present onsite for the

species; additional CNDDB records confirm western

burrowing owl occurrences throughout the San Joaquin

Valley.

Short-eared 

owl

Asio flammeus — CSC Potential to occur: No short-eared owls were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Long-eared 

owl

Asio otus — CSC Potential to occur: No long-eared owls were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Northern 

harrier

Circus cyaneus — CSC Potential to occur: No Northern harriers were observed 

during the 2015 field surveys; however, suitable habitat

(open grasslands, fallow fields, and irrigated crop field) are 

present onsite for the species; no CNDDB records have

been reported within a 10-mile radius.

Tricolored 

blackbird

Agelaius 

tricolor

— CSC Potential to occur: The Habitat Study Area lies within the

species’ known range, suitable habitat (riparian vegetation)

was identified, and CNDDB records have been reported

within a 10-mile radius.

Grasshopper 

sparrow

Ammodramus 

savannarum

— CSC Potential to occur: No grasshopper sparrows were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range, and

suitable nesting and/or foraging habitat was identified; no

CNDDB records have been reported within a 10-mile

radius.

Oak titmouse Baeolophus 

inornatus

BCC — Potential to occur: No oak titmice were observed during

2015 field surveys; however, the Habitat Study Area lies

within the species’ known range and suitable nesting and/or

foraging habitat was identified; no CNDDB records have

been reported within a 10-mile radius.

Yellow 

warbler

Dendroica 

petechia 

brewsteri

— CSC Potential to occur: No yellow warblers were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.
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Draft Supplemental EIR/EIS

Common 

Name

Scientific 

Name

Federal 

Status1

State 

Status2

Potential to Occur

Loggerhead 

shrike

Lanius 

ludovicianus

— CSC Potential to occur: No loggerhead shrike were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Lewis’s 

woodpecker

Melanerpes 

lewis

BCC — Potential to occur: No Lewis’s woodpeckers were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range, and

suitable nesting and/or foraging habitat was identified; no

CNDDB records have been reported within a 10-mile

radius.

Nuttall's 

woodpecker

Picoides 

nuttallii

BCC — Potential to occur: No Nuttall’s woodpecker were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range, and

suitable nesting and/or foraging habitat was identified; no

CNDDB records have been reported within a 10-mile

radius.

Oregon 

vesper 

sparrow

Pooecetes 

gramineus 

affinis

— CSC Potential to occur: No Oregon vesper sparrows were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range, and

suitable nesting and/or foraging habitat was identified; no

CNDDB records have been reported within a 10-mile

radius.

Purple martin Progne subis — CSC Potential to occur: No purple martins were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Le Conte’s 

thrasher

Toxostoma 

lecontei

— CSC Potential to occur: No Le Conte’s thrashers were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range, and

suitable nesting and/or foraging habitat was identified; a 

single CNDDB record has been reported within a 10-mile

radius.

Western

snowy plover

Charadrius 

alexandrinus 

nivosus

— CSC Potential to occur: No western snowy plovers were

observed during 2015 field surveys; however, the Habitat

Study Area lies within the species’ known range and

suitable foraging habitat was identified; CNDDB records

have been reported within a 10-mile radius.

Mountain 

plover

Charadrius 

montanus

— CSC Potential to occur: No mountain plovers were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range and suitable nesting

and/or foraging habitat was identified; CNDDB records have

been reported within a 10-mile radius.

Black tern Chlidonias 

niger

— CSC Potential to occur: No black terns were observed during

2015 field surveys; however, the Habitat Study Area lies

within the species’ known range, and suitable nesting and/or

foraging habitat was identified; no CNDDB records have

been reported within a 10-mile radius.
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Draft Supplemental EIR/EIS

Common 

Name

Scientific 

Name

Federal 

Status1

State 

Status2

Potential to Occur

Fulvous 

whistling duck

Dendrocygna 

bicolor

— CSC Potential to occur: No fulvous whistling ducks were

observed during 2015 field surveys; however, the Habitat 

Study Area lies within the species’ known range and suitable

nesting and/or foraging habitat was identified; no CNDDB

records have been reported within a 10-mile radius.

Lesser 

sandhill crane

Grus 

canadensis

canadensis

— CSC Potential to occur: No lesser sandhill cranes were observed 

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable habitat

(grasslands, and crop and grain fields) were identified; no

CNDDB records have been reported within a 10-mile radius.

Least bittern Ixobrychus 

exilis

— CSC Potential to occur: No least bitterns were observed during

2015 field surveys; however, the Habitat Study Area lies

within the species’ known range, and suitable nesting and/or

foraging habitat was identified; no CNDDB records have

been reported within a 10-mile radius.

Long-billed 

curlew

Numenius 

americanus

BCC — Potential to occur: No long-billed curlews were observed 

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable nesting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Tulare 

grasshopper 

mouse

Onychomys 

torridus 

tularensis

— CSC Potential to occur: No Tulare pocket mice were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, suitable habitat is

present onsite for the species, and CNDDB records have

been reported within a 10-mile radius.

American 

badger

Taxidea taxus — CSC Potential to occur: No American badgers were observed 

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and CNDDB records

have been reported within a 10-mile radius.

Pallid bat Antrozous 

pallidus

— CSC Potential to occur: No pallid bats were observed during

2015 field surveys; however, the Habitat Study Area lies

within the species’ known range; suitable roosting and/or

foraging habitat was identified; CNDDB records have been

reported within a 10-mile radius.

Western 

mastiff bat 

Eumops perotis 

californicus

— CSC Potential to occur: No western mastiff bats were observed

during 2015 field surveys; however, the Habitat Study Area 

lies within the species’ known range; suitable roosting

and/or foraging habitat was identified; CNDDB records have

been reported within a 10-mile radius.

Western red 

bat

Lasiurus 

blossevillii

— CSC Potential to occur: No western red bats were observed

during 2015 field surveys; however, the Habitat Study Area

lies within the species’ known range, and suitable roosting

and/or foraging habitat was identified; no CNDDB records

have been reported within a 10-mile radius.

Sources: CNPS, CNDDB, USFWS, 2017

1 Federal Status: FE = Endangered

FT = Threatened

CH = Critical Habitat designated by the USFWS

BCC = Birds of Conservation Concern designated by the 

USFWS

2 State Status: SE = Endangered 

ST = Threatened

CSC = California Species of Special Concern designated by 

the CDFW

FP = Fully Protected species designated by the CDFW

CDFW = California Department of Fish and Wildlife

USFWS = United States Fish and Wildlife Service
Section 3.7 Biological Resources and Wetlands

California High-Speed Rail Authority November 2017 

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Draft Supplemental EIR/EIS

Figure 3.7-4 through Figure 3.7-8 provide a visual depiction and summary of those special-status 

plant and wildlife species reported to the CNDDB. Figure 3.7-4 and Figure 3.7-5 provide the 

species, location, and occurrence number of special-status plant communities and special-status 

plant species. Figure 3.7-6 through Figure 3.7-8 show the location (point or polygon) of 

documented occurrences of special-status wildlife species and the corresponding occurrence 

number. Figure 3.7-6 summarizes the CNDDB occurrences for invertebrates, fish, amphibians, 

reptiles, and designated critical habitat. Figure 3.7-7 summarizes the CNDDB occurrences for 

bird species. Figure 3.7-8 summarizes the CNDDB occurrences for mammals.

Habitats of Concern

Habitats of concern evaluated in the Habitat Study Area include special-status plant communities, 

jurisdictional waters, critical habitat, essential fish habitat, conservation areas (i.e., Recovery Plan 

areas for federally listed species and HCPs), and wildlife movement corridors. Habitats of 

concern in the Habitat Study Area receive special protection by federal, state, and local 

regulations. These habitats of concern, discussed below, are depicted on Figure 3.7-3. 

Special-Status Plant Communities

Only one special-status plant community was observed in the Special-Status Plant Study Area 

during the reconnaissance surveys on July 30-31, 2015: Black Willow Thicket. However, as 

described in Section 3.7.2.4, the entire Special-Status Plant Study Area was not surveyed due to 

limited permission to enter privileges. However, unsurveyed habitats that could support specialstatus plant species were identified through visual surveys (i.e., from adjacent public roads or 

parcels) and aerial interpretation. The only unsurveyed habitat type in the Special-Status Plant 

Study Area that had potential to support special-status plant communities was annual grassland. 

However, these areas were mapped via aerial photo interpretation and surveys from the public 

right-of-way and have been determined not to support any special-status plant communities, as 

shown in Figure 3.7-9. 

Within the Special-Status Plant Study Area, Black Willow Thicket was limited to the Kern River

corridor, as depicted in Figure 3.7-9. 

Jurisdictional Waters

A number of jurisdictional waters were identified in the Wetland Study Area, including other 

waters of the United States (U.S.) and waters of the state1. Other waters of the U.S., and waters 

of the state identified in the Wetland Study Area include canals/ditches, lacustrine, and seasonal 

riverine. There are no vernal pools or seasonal wetlands in the Wetland Study Area. Jurisdictional 

waters are depicted on Figure 3.7-10. Many of the jurisdictional waters in the Wetland Study Area 

have been leveled, drained, and/or leveed to prevent flooding for agricultural purposes. These 

features are lower quality because they are often surrounded by agricultural land or urban 

development, lack physical and biotic structural complexity, and exhibit a highly manipulated 

hydrologic regime. 

1 Potential seasonal wetlands were also identified in the Wetland Study Area. However, potential seasonal 

wetland features identified in retention/detention basins, irrigation canals, and the Kern River were not 

mapped separately as wetlands, and are discussed respectively as these other resources (personal 

communication, Simmons 2016).
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Section 3.7 Biological Resources and Wetlands

California High-Speed Rail Authority

Figure 3.7-4 CNDDB Special-Status Plant Communities 

November 2017 

Fresno to Bakersfield Section Page | 3.7-37

Draft Supplemental EIR/EIS
Section 3.7 Biological Resources and Wetlands

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3.7-38 | Page Fresno to Bakersfield Section

Draft Supplemental EIR/EIS

Figure 3.7-5 CNDDB Special-Status Plant Species
Section 3.7 Biological Resources and Wetlands

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Fresno to Bakersfield Section Page | 3.7-39

Draft Supplemental EIR/EIS

Figure 3.7-6 CNDDB Special-Status Wildlife Species: Amphibians, Fish, Invertebrates, and Reptiles
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Figure 3.7-7 CNDDB Special-Status Wildlife Species: Birds
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Figure 3.7-8 CNDDB Special-Status Wildlife Species: Mammals
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Figure 3.7-9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results 

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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
Section 3.7 Biological Resources and Wetlands

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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results 

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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results 

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Figure 3.7–9 Special-Status Plant Species and Special-Status Plant Communities Survey Results
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Retention/detention basins are man-made features that are square, rectangular, round, or 

triangular, often with constructed earthen walls, and always devoid of vegetation. Retention/

detention basins are typically several hundred square feet but can be much larger. The spatial 

extent of retention/detention basins is determined by the location of the ordinary high water mark. 

These features are closely associated with agriculture activities and in most instances are used 

as water storage or retention facilities. In urban areas, retention/detention basins are used to 

retain urban stormwater runoff. Surface water within the basins may be seasonal or perennial, 

depending on the location and use of the feature. These features are often associated with 

agricultural land uses, including pasture, cropland, irrigated grain crops, irrigated hayfield, 

irrigated row and field crops, deciduous orchard, evergreen orchard, vineyard, and urban. In 

general, retention/detention basins are in relatively poor ecological condition due to a disturbed 

environmental setting, have a highly manipulated hydrological regime, offer few biological 

resources to plants and wildlife, and are physically engineered to the extent that they are devoid 

of natural characteristics.

Seasonal riverine waterways in the Wetland Study Area occur as a single discrete feature: the 

Kern River. This feature originates in the Sierra Nevada range where the hydrology is less 

affected by water developments. Although the hydrology is affected by water storage and 

hydroelectric development in the headwaters, the upper reaches are less affected by water 

developments than the reach in the Wetland Study Area. By the time this feature reaches the 

Wetland Study Area, it has been highly manipulated for municipal and agricultural purposes, and 

much of the surface water and groundwater has been diverted, pumped, or captured. 

Canals and drainage and irrigation ditches occur throughout the Wetland Study Area. These 

man-made linear features are concrete-lined, or unlined and earthen, and range from 

approximately 10 to 50 feet in width. These features are typically devoid of vegetation. Their 

purpose is to transport large quantities of water, typically for agricultural purposes. A series of 

pumps is often used to transport water between canals, ditches, or under roads and other 

infrastructure. In general, canals/ditches are in relatively poor ecological condition due to poor 

landscape position, have a highly manipulated hydrological regime, offer few biological resources 

to plants and wildlife, and are physically engineered to the extent that they are devoid of natural 

characteristics.

In the Wetland Study Area, the Kern River is often seasonally dry. Seasonal riverine areas were 

mapped as other waters of the U.S., based on the extent of the ordinary high water mark. The 

extent of waters of the state in these seasonal riverine areas is delineated between the ordinary 

high water mark and the top of bank where riparian vegetation is absent. In the case of the Kern 

River, the riparian vegetation does not extend beyond the ordinary high water mark and, 

therefore, the extent of waters of the U.S. and of the state associated with this feature are the 

same.

Critical Habitat

Critical habitat, as defined by the federal ESA, are specific areas on which are found those 

physical and biological features that provide federally listed species with suitable habitat that 

includes the geographical locations and physical features essential to the conservation of a 

particular species and that require special management considerations or protection. The FESA 

defines conservation as “all methods and procedures which are necessary to bring any 

endangered species or threatened species to the point at which the measures provided pursuant 

to this chapter [the FESA] are no longer necessary” (U.S.C. Title 16, Part 1532[3]). The F-B LGA

does not overlap any designated or proposed critical habitat units.
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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 1) 

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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 2) 
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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 3) 

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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 4)
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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 5) 

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Figure 3.7-10 Jurisdictional Waters Delineation Results

(Inset Area 6)
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Essential Fish Habitat

No federally managed fish species covered by the Magnuson-Stevens Fisheries Conservation 

and Management Act have the potential to occur in the Habitat Study Area. Therefore, the F-B 

LGA does not overlap essential fish habitat, and essential fish habitat is not discussed further in 

this document.

Conservation Areas

Conservation areas include Recovery Plans for federally listed species, conservation easements, 

public lands, conservation banks, and HCPs. Conservation areas in the vicinity of the F-B LGA 

include Recovery Plans for federally listed species and HCPs.

One recovery plan addresses federally protected species with the potential to occur in the region: 

the Recovery Plan for Upland Species of the San Joaquin Valley, California (USFWS 1998). The 

F-B LGA overlaps the Kern River linkage area that is identified by this recovery plan. 

This recovery plan covers 41 federally listed species, candidate species, and species of concern. 

The following 11 species that are covered by the recovery plan were evaluated for their potential 

to occur within the F-B LGA Habitat Study Area: California jewelflower, Kern mallow, San Joaquin 

woolly-threads, Bakersfield cactus, lesser saltscale, Bakersfield smallscale, Munz's tidy-tips, 

Tipton kangaroo rat, San Joaquin kit fox, Tulare grasshopper mouse, and Le Conte's thrasher. 

An HCP provides the basis for the issuance of, and must accompany an Incidental Take Permit 

under Section 10 of the FESA. Three HCPs have been identified in the project vicinity and are 

described below. 

The MBHCP is a joint program of the City of 

Bakersfield and County of Kern (Chapter 17.62 of the Kern County Ordinances) to assist urban 

development applicants in complying with federal and state endangered species regulations (City 

of Bakersfield and County of Kern 1994). The Incidental Take Permit associated with the MBHCP 

expired in August 2014; however, a 5-year extension was issued and will expire in September 

2019. Also, the City of Bakersfield plans to work with County of Kern to develop a new HCP and 

Natural Community Conservation Plan for the MBHCP area. The MBHCP overlaps the F-B LGA

from approximately 7th Standard Road to the southern terminus. 

The MBHCP covers 23 state and federally listed species, candidate species, and species of 

concern. The following 10 species that are covered by the MBHCP were evaluated for their 

potential to occur within the F-B LGA Habitat Study Area: Bakersfield cactus, Bakersfield 

saltbush, Kern mallow, Hoover’s woolly-star, California jewelflower, slough thistle, San Joaquin 

woolly-threads, San Joaquin kit fox, Tipton kangaroo rat, and Tulare grasshopper mouse.

The Pacific Gas and Electric Company San Joaquin Valley Operations and 

Maintenance HCP (Jones & Stokes 2006) was developed to allow the Pacific Gas and Electric 

Company to conduct operations and maintenance activities within the 12.1-million-acre plan area, 

while minimizing, avoiding, and compensating for possible direct, indirect, and cumulative 

adverse effects on threatened and endangered species. However, this HCP covers operations 

and maintenance activities at Pacific Gas and Electric facilities and, therefore, the F-B LGA will 

not affect HCP and it is not further discussed in this document. The Pacific Gas and Electric 

Company San Joaquin Valley Operations and Maintenance HCP area extends south of 

Bakersfield and encompasses the F-B LGA. 

The Pacific Gas and Electric Company HCP covers 65 special-status plant and animal species. 

The following 17 species that are covered by this HCP were evaluated for their potential to occur 

within the F-B LGA Habitat Study Area: Bakersfield smallscale, California jewelflower, Kern 

mallow, San Joaquin woolly-threads, Bakersfield cactus, lesser saltscale, slough thistle, king’s 

gold, Swainson’s hawk, white-tailed kite, golden eagle, bald eagle, Tipton kangaroo rat, Nelson’s 

antelope squirrel, San Joaquin kit fox, western burrowing owl, and tricolored blackbird. 
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The draft VFHCP is a longterm program designed to conserve federally protected species, state-protected species, and/or 

other species of concern (Garcia and Associates 2006). In the current draft, the VFHCP 

establishes the conditions under which County of Kern; the California Division of Oil, Gas, and 

Geothermal Resources; and other program beneficiaries may seek authorization to allow the 

taking of multiple federally and state-protected species incidental to development and other land 

use activities. The VFHCP has not been officially adopted and is currently in draft form. 

Therefore, the project is not required to avoid conflicts with the provisions of the plan, and the 

VFHCP is not discussed further in this document. The VFHCP includes most of western Kern 

County and encompasses the F-B LGA. 

The VFHCP covers 25 special-status plant and animal species. The following species that are 

covered by the VFHCP were evaluated for their potential to occur within the F-B LGA: heartscale, 

Bakersfield smallscale, California jewelflower, slough thistle, Kern mallow, Hoover’s woolly-star, 

San Joaquin woolly-threads, Bakersfield cactus, San Joaquin whipsnake, Le Conte’s thrasher, 

Nelson’s antelope squirrel, Tipton kangaroo rat, San Joaquin kit fox, and American badger.

Protected Trees

Based on field surveys, aerial interpretation, and GoogleEarthTM Street View verification of tree 

locations, approximately 1,081 trees are present in the Special-Status Plant Study Area. Of these 

trees, 1,054 were counted individually and the rest are estimated totals within larger tree clusters 

scattered within the Kern River corridor totaling 27 trees (Figure 3.7-11 and Table 3.7-5). 

Table 3.7-5 Approximate Number of Trees in the Special-Status Plant Study Area

Tree Type Number of Trees Identified

Willow Species 9

Eucalyptus Species 233

Pine Species 70

Landscape/Ornamental/Non-Native 366

Unknown1 403

Total 1,081

1 Clusters of trees identified as “tree clusters” were added to the “unknown” category.
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Figure 3.7-11 Protected Trees Survey Results 

(Inset Area 1) 

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Figure 3.7-11 Protected Trees Survey Results

(Inset Area 2)
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Figure 3.7-11 Protected Trees Survey Results 

(Inset Area 3) 

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Figure 3.7-11 Protected Trees Survey Results

(Inset Area 4)
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Figure 3.7-11 Protected Trees Survey Results

(Inset Area 5)
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Figure 3.7-11 Protected Trees Survey Results

(Inset Area 6)
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Although the majority of these trees are not protected by state or federal law, some are protected 

under local ordinances, regulations, and policies. Where possible, these trees have been 

categorized based on whether they are native and on local government policies, ordinances, and 

regulations. Many of the trees identified are landscape and ornamental trees that are in the urban 

environment throughout the Special-Status Plant Study Area. Native trees observed (that are 

afforded protection) include 6 willows trees within the Kern River corridor. 

Wildlife Movement Corridors

The importance of habitat connectivity and corridors that facilitate this connectivity is well 

documented and generally accepted (Chester and Hilty 2010). Studies have shown that habitat 

connectivity is important in biodiversity conservation, particularly because of the role it plays in 

maintaining gene flow (Beier and Noss 1998), maintaining ecological processes (Bennett 1999), 

and reducing species extinction risk (Crooks et al. 2011).

Maintaining habitat connectivity among the natural lands that exist among agricultural land in 

California’s San Joaquin Valley is recognized as a key tool in ensuring the long-term population 

viability of California’s San Joaquin Valley special-status and non-special-status species. This is a 

high conservation priority identified by both regulatory agencies and conservation groups.

The F-B LGA intersects one wildlife movement corridor: the Kern River linkage (Figure 3.7-12). 

The Kern River linkage is primarily an east-west linkage that follows the Kern River riparian 

corridor (Penrod et al. 2001) and is approximately 30 miles long. This linkage connects natural 

lands identified in the Recovery Plan for Upland Species of the San Joaquin Valley, California 

(USFWS 1998) that support special-status species (e.g., the Carrizo Plain National Monument) to 

Bakersfield and the Sierra Nevada foothills. Major habitat types in the linkage were identified as 

riparian and upland, and the major land-cover types were natural vegetation, agricultural land and 

urban development. The most significant barriers to wildlife movement were identified as gaps in 

riparian habitat and water impoundments, which potentially restrict the movement of terrestrial 

species across areas that formerly had only intermittent water flow (Penrod et al. 2001). The 

linkage is currently part of the Recovery Plan for Upland Species of the San Joaquin Valley, 

California (USFWS 1998). The Kern River riparian corridor linkage intersects the BNSF, 

Bakersfield South, and Bakersfield Hybrid alternatives. The Kern River linkage is discussed in 

further detail in Section 5.8 of the Biological Resources and Wetlands Technical Report (pages 5-

81 through 5-84).

3.7.4 Environmental Consequences

Section 3.7.4.1 summarizes the impacts for the May 2014 Project, which are described further in 

Appendix 8-A of this Draft Supplemental EIR/EIS. An evaluation of the biological resource 

impacts associated with the F-B LGA is included in Section 3.7.4.2. The analysis in Section 

3.7.4.2 includes a quantitative evaluation for direct impacts and qualitative evaluation for indirect 

impacts that would result from both construction and project activities of the F-B LGA on 

biological resources. Biological resources are described below in four categories: (1) specialstatus plant species, (2) special-status wildlife species, (3) habitats of concern (including specialstatus plant communities, jurisdictional waters, conservation areas, and protected trees), and (4) 

wildlife movement corridors. 

3.7.4.1 Summary of Analysis for the May 2014 Project

This section describes findings of the biological resources that could be impacted as a result of 

implementing the May 2014 Project using information from the Fresno to Bakersfield Section 

Final EIR/EIS. The term “biological resources” includes special-status plant and wildlife species, 

habitats of concern (including special-status plant communities, jurisdictional waters, critical 

habitat, conservation areas [i.e., Recovery Plan areas for federally listed species, conservation 

easements, public lands, conservation banks, and Habitat Conservation Plans], and protected 

trees), and wildlife movement corridors. 
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Figure 3.7-12 Kern River Corridor 

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Implementation of the May 2014 Project would result in direct and indirect impacts on biological 

resources. Project activities associated with the May 2014 Project would result in permanent 

direct and indirect impacts through disturbance or removal of lands that have been determined to 

support or could potentially support special status species, affect habitats of concern, or interfere 

with wildlife movement corridors. 

Special-Status Plant Species

Nineteen special-status plant species are known to occur within the Special-Status Plant Study 

Area and could be adversely affected by the May 2014 Project. No special-status plants were 

identified in the surveys completed for the project, totaling 24.34 acres; however, there is 

potential for special-status plant species to occur in areas of unsurveyed suitable habitat 

identified via visual surveys (i.e., from adjacent public roads or parcels) and aerial interpretation, 

totaling 112.26 acres. Unsurveyed suitable habitat included annual grassland, valley foothill 

riparian, and alkali desert scrub. 

If special-status plant species occur in these unsurveyed areas, the types of impacts on specialstatus plant species that may occur could include vegetation removal and disturbance, erosion, 

an increased risk of fire, habitat degradation and fragmentation, and the introduction of noxious 

plant species.

For the May 2014 Project, direct impacts on suitable habitat for special-status plant species would 

result from permanent ground-disturbing activities, including construction of the track, access

roads, road crossings, bridges and viaducts, retaining walls, and buildings. The construction of 

these features would result in the removal, destruction, covering, or unearthing of suitable habitat 

for special-status species, which would potentially result in impacts to special-status plant species 

individuals or populations. Similar impacts may also occur in temporary construction areas as a 

result of vegetation clearing or grubbing. Indirect impacts resulting from construction activities 

may lead to degradation of habitat for special-status plants species. Habitat degradation may take 

the form of changes in hydrology, fragmentation, and the introduction of nonnative, invasive plant 

species, each of which could significantly disrupt the habitat and result in decreased viability of 

the individuals or the population.

Construction period impacts of the May 2014 Project could result in the permanent loss or 

damage of special-status plant species and their habitats, and would result in a significant impact 

under CEQA prior to mitigation. 

Special-Status Wildlife Species

Implementation of the May 2014 Project would result in direct operational impacts on habitats that 

could support a number of terrestrial and aquatic special-status wildlife species. Twenty-eight 

special-status wildlife species are known to occur within the Habitat Study Area and could be 

adversely affected by the May 2014 Project. The extent and nature of impacts on special-status 

wildlife species varies depending on the species under consideration, their range, and the type 

and quality of suitable habitats present. Of the habitats present, annual grassland habitat 

provides the best potential to host special-status wildlife species; but because this area is highly 

fragmented, the potential for this habitat to support special-status wildlife species is limited. For 

the May 2014 Project, approximately half of the impacts on habitats for special-status wildlife 

species are associated with urban habitats and the potential for these habitats to support specialstatus wildlife species is low, with the exception of the San Joaquin kit fox. 

In general, direct permanent impacts on special-status wildlife species during construction of the 

project may include mortality or injury; fragmentation of habitat interfering with daily/seasonal 

movement and dispersal; destruction or abandonment of burrows/dens; destruction of breeding, 

nesting, roosting, and foraging habitat due to habitat fragmentation or land conversion; and 

degradation of aquatic habitats due to sedimentation or other pollution. Direct impacts on specialstatus wildlife species during operations include injury/mortality due to bird or bat strikes (for 

example) or other interactions with electrical systems or other project components. Direct 

temporary impacts on special-status wildlife species during construction of the project include 
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degradation or disturbance of aquatic habitat due to sedimentation or equipment spills/leaks; 

reptile, bird, and mammal burrow den or nest disturbances; and noise and light pollution. 

Potential indirect impacts on special-status wildlife species include erosion, soil compaction, 

increased siltation and sedimentation, fractures in the hardpan soils, alteration of jurisdictional 

water hydrology, dust aerosolization, host plant stress, destruction of native vegetation, habitat 

fragmentation, and displacement from noise and light pollution, visual stimuli, vibration, or wind. 

Such potential indirect impacts could lead to the disturbance of special-status wildlife species 

such as a temporary shift in foraging patterns or territories, refugia abandonment, increased 

predation, decreased reproductive success, and reduced population viability.

Therefore, construction impacts associated with the May 2014 Project would result in a significant 

impact under CEQA, prior to mitigation, on special-status wildlife species.

Habitats of Concern

Special-Status Plant Communities

During the field surveys, black willow thickets (riparian areas) were identified along the Kern River

portion of the May 2014 Project. The black willow thickets provide important habitat for plants and 

wildlife, but because of existing land uses in the region (parks, development), they have been 

physically reduced and restricted to narrow strips along the upper terrace of the Kern River within 

the Special-Status Plant Study Area for the May 2014 Project. With the exception of the Kern 

River, the May 2014 Project is located in an urban setting and the remaining natural areas are 

small and fragmented; therefore, other special-status plant communities are not expected to be 

present. The May 2014 Project would result in a 0.70-acre direct permanent impact and a 0.30-

acre direct temporary impact on black willow thickets at the Kern River crossing. However, 

because the project design across the Kern River includes a viaduct, high above the banks of the 

river, indirect impacts (e.g., due to shading from the viaduct) would be less likely to result in 

degradation of the adjacent black willow thickets (e.g., changes in hydrology, habitat 

fragmentation, or the introduction of non-native, invasive plant species).Construction period 

impacts of the May 2014 Project would result in a significant impact under CEQA, prior to 

mitigation, on special-status plant communities and their habitats. 

Jurisdictional Waters

Wetlands and other waters, including seasonal wetlands, canals/ditches, lacustrine, and riverine 

features are present throughout the May 2014 Project Wetland Study Area. Vernal pool features 

are not located within the May 2014 Project Wetland Study Area. Project impacts would require 

the use of heavy machinery to recontour the landscape and place permanent and temporary fill 

materials (such as culverts, dirt, and/or engineering structures) in both man-made jurisdictional 

waters (e.g., basins, canals/ditches) and natural features (e.g., wetlands, river beds, and riparian 

corridors). The contouring and placement of fill in jurisdictional waters would result in the 

permanent loss of jurisdictional waters; irreversible impacts on the physical, chemical, and 

biological characteristics of aquatic substrates and food webs; and a potential increase in erosion 

and sediment transport into adjacent aquatic areas. Temporary fill would be placed during the 

construction of access roads and staging/equipment storage areas, resulting in a temporary loss 

of jurisdictional waters. The May 2014 Project would result in permanent impacts on 0.51 acre of 

seasonal wetland habitat, as well as 16.52 acres of permanent impacts and 3.11 acres of 

temporary impacts on other waters of the U.S. (canals/ditches, lacustrine, and riverine) for a total 

of 20.14 acres of direct impacts on waters of the U.S. The majority of the direct and indirect 

impacts, described below, affect aquatic resources in poor condition.

Potential indirect impacts on jurisdictional waters include a number of temporary constructionrelated impacts and project period water-quality-related impacts: erosion, siltation, and runoff into 

natural and constructed water features and fill downstream of the construction footprint. In 

addition, permanent changes within the impact area would also result in changes in hydrology. 

For many of the man-made features, these indirect impacts would be minor, and hydrologic 

changes would be minimal.
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The construction period impacts of the May 2014 Project would result in a significant impact on 

jurisdictional waters, prior to mitigation, under CEQA. 

Conservation Areas

The May 2014 Project crosses the recovery plan areas identified in the Recovery Plan for Upland 

Species of the San Joaquin Valley, California (USFWS 1998) and the Metropolitan Bakersfield 

Habitat Conservation Plan (City of Bakersfield and Kern County 1994).

Project direct impacts on federal recovery plan areas include the creation of permanent partial or 

total movement barriers to special-status species, the loss or degradation of special-status plant

and wildlife species, and the loss or degradation of the lands that could support or provide habitat 

for these species. Due to the large area of impact, construction of the May 2014 Project would 

conflict with the goals and objectives of the recovery plan and result in relatively high-intensity 

loss to recovery plan areas. Therefore, construction period impacts under the May 2014 Project 

would result in a significant impact under CEQA on recovery plans.

The May 2014 Project overlaps the Metropolitan Bakersfield Habitat Conservation Plan. 

Construction of the May 2014 Project would result in temporary disturbance within the plan area 

of the Metropolitan Bakersfield Habitat Conservation Plan. The May 2014 Project does not 

conflict with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan because 

proposed mitigation ratios are similar to the “adequate mitigation” ratios presented in the plan. 

Also, the May 2014 Project does not overlap with the Conceptual Focus Areas identified as 

potential preserve areas. Therefore, construction period impacts of the May 2014 Project would 

result in no impact under CEQA on habitat conservation plans.

Protected Trees

Trees including those protected by various government regulations are present along the May 

2014 Project, and project construction activities would both alter and remove some portion of 

these resources. Protected riparian trees associated with the Kern River are located in the City of 

Bakersfield. The anticipated removal and trimming of protected trees as part of construction 

activities would conflict with relevant local ordinances. Protected tree removal and trimming as a 

result of construction of the May 2014 Project would be considerable and would result in relatively 

high-intensity loss of this resource, which could conflict with the objectives, goals, and/or 

provisions identified in approved local, regional, or state conservation plants. Therefore, 

construction period impacts of the May 2014 Project would result in a significant impact under 

CEQA. 

Wildlife Movement Corridors 

The construction of the May 2014 Project may result in direct impacts and/or indirect impacts in 

habitat types where linkages and potential movement corridors have been identified. Direct 

impacts include the obstruction of wildlife movement because of project infrastructure, security 

fencing and construction fencing. Indirect impacts may occur as a result of noise, vibrations, and 

visual or light pollution that could result in temporary shifts in use of corridors, foraging patterns or 

territories, nursery or rookery abandonment and increased predation.

The May 2014 Project passes through the Kern River linkage. The May 2014 Project has the 

potential to affect wildlife movement within this linkage because construction activities would 

affect a minor amount of natural lands. Although the infrastructure would not impede movement 

of aquatic species, construction activities could obstruct wildlife movement and migration through 

the Kern River linkage for between two to five consecutive years, resulting in greater impacts to 

wildlife using the linkage. Therefore, prior to the implementation of mitigation measures, the 

project would result in a significant impact under CEQA. 

3.7.4.2 Fresno to Bakersfield Locally Generated Alternative

A complete definition of the F-B LGA is provided in Chapter 2 of this Supplemental EIR/EIS. 
Section 3.7 Biological Resources and Wetlands

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Draft Supplemental EIR/EIS

BIO #1 – Construction Effects on Special-Status Plant Species

The Special-Status Plant Study Area was reviewed for suitable habitats that would support the 

target species; no botanical surveys were conducted due to minimal permissions to enter, as 

described in Section 3.7.2.4. Therefore, definitive presence/absence conclusions could not be 

made for all special-status plant species. Impacts on the 18 special-status plant species that have 

the potential to occur in the Special-Status Plant Study Area (Table 3.7-6) could occur in 

potentially suitable habitats. The impacts on currently unknown populations of the special-status 

plant species or on habitat that could support these species would be both temporary and 

permanent, and direct and indirect. No known populations of special-status plant species occur in 

the Special-Status Plant Species Study Area.

Table 3.7-6 Direct Impacts on Special-Status Plant Species

Special-Status Plant Species Impact Type F-B LGA Impact Acreage 

Unsurveyed annual grassland habitat that 

could support special-status plant species

Permanent 30.34

Temporary 31.79

F-B LGA = Fresno to Bakersfield Locally Generated Alternative

Impact areas were determined using the project footprint. Direct impacts from construction may 

result from permanent ground-disturbing activities, including construction of the track, access

roads, road crossings, and buildings such as the traction power station that may directly impact 

individuals or populations of special-status plant species. These impacts may result largely from 

the use of heavy machinery to clear, grub, excavate, compact, or otherwise prepare the ground 

surface for the construction of permanent features. The construction of these features may result 

in the removal, destruction, covering, or unearthing of individuals, populations, or suitable habitat 

of the identified special-status species. Similar impacts may also occur in temporary construction 

areas such as temporary access roads or staging areas as a result of vegetation clearing or 

grubbing. In these areas, vegetation would be allowed to reestablish following construction, which 

may be feasible, since the several special-status plant species with the potential to be present 

can naturally persist in a soil seed bank (USFWS 2005b).

Indirect impacts resulting from construction activities may lead to degradation of habitat for 

special-status plants species. Habitat degradation may take the form of changes in hydrology, 

fragmentation, and the introduction of nonnative, invasive plant species, each of which could 

significantly disrupt the habitat and result in decreased viability of the individuals or the 

population. Changes in hydrology may result from activities such as the pile driving of elevated 

structures and track construction that would potentially alter the natural ground or surface water

flows. Several of the special-status plant species rely on flooding to disperse seeds and facilitate 

germination; therefore, changes in hydrology may greatly alter the suitability of the habitat 

(USFWS 2005b).

Fragmentation may result from the construction of permanent features, especially linear features 

including track and access roads that bisect natural habitats. Construction activities may facilitate 

the spread of nonnative, invasive plant species through the introduction of seeds by construction 

equipment and vehicles. Both permanent and temporary ground disturbances would also create a 

more suitable habitat for nonnative invasive plants species that may spread and compete with 

special-status species or destructively alter their habitat.

Although no special-status plant species were observed in the Special-Status Plant Study Area, a 

measurable loss to special-status plant species may occur due to impacts on unsurveyed habitats 

that have the potential to support special-status plant species. Therefore, prior to the 

implementation of mitigation measures referenced in Section 3.7.5.1 (e.g., preconstruction 

surveys and compensatory mitigation), the F-B LGA would result in a significant impact under 

CEQA on special-status plant species.
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BIO #2 – Construction Effects on Special-Status Wildlife 

The construction of the project may result in direct impacts and indirect impacts on special-status 

wildlife species. The extent and nature of impacts on special-status wildlife species varies 

depending on the species, their range, and the type and quality of suitable habitats present.

In general, permanent and temporary direct impacts on special-status wildlife species during 

construction of the project include mortality or injury, and disturbances to suitable habitats for 

special-status wildlife species, including water pollution; amphibian breeding pool disturbance; 

and reptile, bird, and mammal burrow or nest disturbance. These habitat disturbances could lead 

to the permanent or temporary abandonment of these habitats by special-status species, a 

disruption in the life cycle of these species, or mortality or injury of these species. Because it is 

difficult to determine the number or extent of these kinds of impacts to these individual special 

status wildlife species, this analysis assumes, direct impacts on these species special-status 

wildlife species are based on the amount of suitable habitat that would be permanently or 

temporarily impacted by project construction activities.

Table 3.7-7 provides a summary of the permanent and temporary direct impacts from 

construction based on the amount of suitable habitat that will be disturbed for each special-status 

wildlife species.

Table 3.7-7 Direct Impacts on Special-Status Wildlife Species

Special-Status Wildlife Species 

(Common Name / Scientific Name /

Status)

CWHR Vegetation 

Community or Wildlife 

Association Impact Type Impact Acreage

Federally and State Listed Species

Golden Eagle

(Aquila chrysaetos) 

FP

AGS, BAR, CRP, IRH, URB Permanent 525.61

Temporary 157.03

Swainson’s hawk

(Buteo swainsoni) 

ST

AGS, BAR, CRP, IRH, LAC, 

URB

Permanent 526.69

Temporary 157.44

White-tailed kite

(Elanus leucurus) 

FP

AGS, BAR, DOR, IRF, IRH, 

CRP, VIN, URB

Permanent 795.67

Temporary 169.14

American peregrine falcon

(Falco peregrinus anatum) 

Delisted, SE/FP

AGS, BAR, CRP, IRH, LAC, 

RIV, URB

Permanent 545.96

Temporary 160.65

Greater sandhill crane

(Grus canadensis tabida) 

ST/FP

AGS, IRF, IRH, CRP, LAC Permanent 86.53

Temporary 32.31

Bald eagle

(Haliaeetus leucocephalus) 

Delisted, SE/FP

AGS, BAR, LAC, RIV Permanent 97.94

Temporary 43.36

Nelson’s antelope squirrel

(Ammospermophilus nelson)

ST

AGS, BAR Permanent 77.59

Temporary 39.74

Ringtail

(Bassariscus astutus)

FP

AGS, RIV Permanent 65.75

Temporary 35.00
Section 3.7 Biological Resources and Wetlands

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Special-Status Wildlife Species 

(Common Name / Scientific Name /

Status)

CWHR Vegetation 

Community or Wildlife 

Association Impact Type Impact Acreage

Tipton kangaroo rat

(Dipodomys nitratoides nitratoides) 

FE, SE

AGS, BAR Permanent 77.59

Temporary 39.74

Buena Vista Lake ornate shrew

(Sorex ornatus relictus) 

FE

AGS, CRP, IRF, 

RIV (Kern River)

IRH, LAC, Permanent 2.44

Temporary 0.74

San Joaquin kit fox

(Vulpes macrotis mutica) 

FE, ST

AGS, BAR, CRP, DOR, IRF, 

IRH, VIN, URB (Bakersfield)

Permanent 258.04

Temporary 161.73

Other Special-Status Species

Kern brook lamprey

(Lampetra hubbsi) 

CSC

Friant-Kern Canal Permanent 0.00

Temporary 0.00

Western spadefoot 

(Spea hammondii) 

CSC

AGS, RIV Permanent 62.75

Temporary 35.00

Western pond turtle

(Emys marmorata) 

CSC

AGS, LAC, RIV Permanent 63.84

Temporary 35.41

Silvery legless lizard

(Anniella pulchra pulchra) 

CSC

RIV (Kern River) Permanent 1.13

Temporary 0.41

San Joaquin whipsnake

(Masticophis flagellum ruddocki) 

CSC

AGS Permanent 43.49

Temporary 31.80

Coast horned lizard

(Phrynosoma coronatum 

CSC

frontale) 

AGS Permanent 43.49

Temporary 31.80

Western burrowing owl

(Athene cunicularia) 

CSC

AGS, BAR, URB Permanent 483.65

Temporary 156.93

Special-Status Raptor Species AGS, CRP, IRF, IRH Permanent 85.44

Temporary 31.90

Special-Status Passerine Species AGS, CRP, IRF, 

RIV 

IRH, LAC, Permanent 105.79

Temporary 35.51

Special-Status Wading Birds, Shore Birds, 

and Duck Species

AGS, CRP, IRF, 

RIV 

IRH, LAC, Permanent 105.79

Temporary 35.51

Bird Species Protected Under the 

Migratory Bird Treaty Act

AGS, BAR, CRP, DOR, IRF, 

IRH, LAC, RIV, VIN, URB 

Permanent 816.02

Temporary 172.76

Tulare grasshopper mouse

(Onychomys torridus tularensis) 

CSC

AGS Permanent 43.49

Temporary 31.80
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Special-Status Wildlife Species CWHR Vegetation 

(Common Name / Scientific Name / Community or Wildlife 

Status) Association Impact Type Impact Acreage

American badger AGS, BAR Permanent 77.59

(Taxidea taxus) 

CSC Temporary 39.74

Pallid bat AGS, BAR, CRP, DOR, IRF, Permanent 615.83

(Antrozous 

CSC

pallidus) IRH, RIV, VIN, URB Temporary 168.76

Western mastiff bat AGS, BAR, CRP, DOR, IRF, Permanent 596.57

(Eumops perotis californicus) 

CSC

IRH, VIN, URB Temporary 165.56

Western red bat AGS, CRP, IRH, LAC, RIV, Permanent 469.90

(Lasiurus blossevillii) 

CSC

URB Temporary 152.60

Source: Authority and FRA, 2017 

AGS = Annual grassland

BAR = Barren

CRP = Cropland

CSC = California Species of Concern

CWHR = California Wildlife Habitat Relationships (classification system)

DOR = Deciduous orchard

FE = Federally Endangered 

FP = Federally Protected

IRF = Irrigated row field

IRH = Irrigated hayfield

LAC = Lacustrine

RIV = Riverine

SE = State Endangered

ST = State Threatened

URB = Urban and BNSF Railway urban

VIN = Vineyard

Permanent and temporary indirect impacts on special-status wildlife species would occur through 

construction of the F-B LGA in a number of ways depending on the species and type of 

disturbance. Potential indirect impacts include erosion, soil compaction, increased siltation and 

sedimentation, fractures in the hardpan soils, alteration of jurisdictional water hydrology, dust 

aerosolization, host plant stress, destruction of native vegetation, habitat fragmentation, and 

noise and light pollution. These indirect impacts could lead to the disturbance of special-status 

wildlife species such as a temporary shift in foraging patterns or territories, refugia abandonment, 

increased predation, decreased reproductive success, and reduced population viability. Because 

it is difficult to quantify and measure these kinds of impacts, indirect impacts on special-status 

wildlife species are described qualitatively.

During operation of the train, maintenance activities requiring ground disturbance, clearing, or 

grubbing could cause erosion and sedimentation that could indirectly affect the hydrology of 

nearby jurisdictional waters and the species that depend on these resources. Chemical runoff

from trucks or equipment along the primary right-of-way could indirectly degrade suitable habitat 

used by these species that are present adjacent to the rail. If operational maintenance requires 

weed abatement activities, such as the use of herbicides, these activities could also contribute to 

chemical runoff and pollution of adjacent suitable habitats. However, maintenance activities with

potential impacts on special-status wildlife species would be limited to the at-grade portion of the 

project footprint.

Invertebrates 

The F-B LGA does not support suitable habitat for vernal pool fairy shrimp or vernal pool tadpole 

shrimp. Although elderberry shrubs, the sole host plant of the valley elderberry longhorn beetle, 

have been identified in the F-B LGA Habitat Study Area, Kern County is no longer in the range of 

this species’ federal designation. Therefore, the F-B LGA would result in no impact under CEQA, 

on special-status invertebrate species.
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Amphibians 

The F-B LGA contains suitable habitat (e.g., unsurveyed annual grassland) that may support 

western spadefoot (Table 3.7-7). Western spadefoot would be permanently affected, both directly 

and indirectly, by construction of the F-B LGA through project impacts to suitable annual 

grassland habitat. Impacts would occur as a result of ground disturbance, habitat degradation, or 

land conversion from suitable aquatic, natural, bare-earth or otherwise suitable habitats to 

developed, hardscaped land uses. Impacts of the F-B LGA on suitable habitat for special-status 

amphibians may result in an adverse effect to this species including loss of suitable breeding, 

refugia, or aquatic habitats and/or the injury or death of individuals. Therefore, prior to the 

implementation of mitigation measures, the project impacts of the F-B LGA would result in a 

significant impact under CEQA on this special-status amphibian species.

Reptiles

The F-B LGA contains suitable habitat (e.g., unsurveyed annual grassland) for special-status 

reptiles, including coast horned lizard, San Joaquin whipsnake, silvery legless lizard, and western 

pond turtle (Table 3.7-7). Special-status reptiles would be permanently affected, both directly and 

indirectly, by construction of the F-B LGA through project impacts to suitable habitat for these 

species. Impacts would occur as a result of ground disturbance, habitat degradation, or land 

conversion from suitable aquatic, natural, bare-earth or otherwise suitable habitats to developed, 

hardscaped land uses. Impacts of the F-B LGA on habitat for special-status reptiles may result in 

an adverse effect to these species including loss of suitable breeding, nesting, refugia, or aquatic 

habitats and/or the injury or death of individuals. Therefore, prior to the implementation of 

mitigation measures, the F-B LGA would result in a significant impact under CEQA on specialstatus reptile species.

Fish

Within the F-B LGA, a small amount of marginal habitat (i.e., riverine) for the Kern brook lamprey 

is present in the Friant-Kern Canal. The F-B LGA is not expected to result in permanent impacts 

on special-status fish because construction will completely avoid impacts to the Friant-Kern Canal

and operations would occur on an elevated structure. Kern brook lamprey has a low potential to 

be permanently affected, both directly and indirectly, by project impacts associated with the F-B 

LGA (Table 3.7-7) because a minimal amount of suitable habitat is present for special-status fish 

species in the Habitat Study Area, only a slight change to existing biological conditions and little 

to no regional effects are expected. Therefore, prior to the implementation of mitigation

measures, the F-B LGA would result in a less than significant impact under CEQA on specialstatus fish species because of the potential permanent indirect impacts on the Kern brook 

lamprey and its habitat.

Birds (includes all migratory birds covered under Migratory Bird Treaty Act) 

The F-B LGA contains suitable habitat (including both natural habitats and agricultural land uses) 

for a variety of special-status birds, including burrowing owls, Swainson’s hawks, and other 

migratory birds. The natural areas provide suitable habitat for breeding, foraging, and migration 

stopover habitat. Special-status bird species and their habitat would be permanently affected, 

both directly and indirectly, by project impacts to suitable habitat associated with construction of 

the F-B LGA (Table 3.7-7). Impacts would occur as a result of habitat loss, disruption by 

equipment or personnel, earth moving activities, noise, vibrations, visual stimuli, and 

fragmentation of the landscape from construction of project infrastructure. Impacts of the F-B LGA 

on suitable habitat for special-status birds may result an adverse effect to these species including 

nest disturbance or nest abandonment during incubation, nestling, or fledging stages and/or the 

injury or death of individuals. Therefore, prior to the implementation of mitigation measures, the FB LGA would result in a significant impact under CEQA on special-status bird species.
Section 3.7 Biological Resources and Wetlands

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Mammals

The F-B LGA contains suitable habitat (e.g., annual grassland and barren), for special-status 

mammals, including American badger, Nelson’s antelope squirrel, ringtail, San Joaquin kit fox 

Tipton kangaroo rat, Tulare grasshopper mouse, and special-status bats. In addition, urban land 

uses in Bakersfield are used by San Joaquin kit fox, and the Kern River corridor could be used by 

the Buena Vista Lake ornate shrew. Special-status mammals would be permanently affected, 

both directly and indirectly, by project impacts to suitable habitat associated with construction of

the F-B LGA (Table 3.7-7). Impacts would occur as a result of earth moving activities, ground 

disturbance, habitat degradation, and conversion from suitable natural or bare-earth habitats to 

developed, hardscaped land uses. Impacts of the F-B LGA on suitable habitat for special-status 

mammals may result in an adverse effect to these species including burrow or den disturbance or 

abandonment, loss of or disturbance to breeding or rearing of young, and/or the injury or death of 

individuals. Therefore, prior to the implementation of mitigation measures, the F-B LGA would 

result in a significant impact under CEQA on special-status mammal species.

Native Fauna

The F-B LGA contains suitable habitat for native fauna, although the area of suitable habitat is 

limited due to the location of the F-B LGA through predominantly agricultural and urban lands. 

Nonetheless, native fauna would be permanently affected, both directly and indirectly, by project 

impacts associated with construction of the F-B LGA. Impacts would occur as a result of ground 

disturbance and the conversion from suitable natural habitat types to developed, hardscaped land 

uses. Despite the relatively limited area of habitat that would be affected, the F-B LGA would 

result in a measureable loss of this resource. Therefore, prior to the implementation of mitigation

measures, the F-B LGA would result in a significant impact under CEQA on native fauna.

BIO #3 – Construction Effects on Habitats of Concern

Special-Status Plant Communities

Construction of the project may result in direct and indirect impacts on special-status plant 

communities (black willow thicket) that occur within the Special-Status Plant Study Area. No other 

special-status plant communities occur in the Special-Status Plant Study Area. Table 3.7-8

provides a summary of direct impacts on special-status plant communities.

Table 3.7-8 Direct Impacts on Special-Status Plant Communities

Special-Status Plant Community Type

(Common Name/Scientific

Name/Alliance/Status) Impact Type F-B LGA Impact Acreage

Black willow thicket/Salix gooddingii

Woodland Alliance 

G3, S3

Permanent 1.13

Temporary 0.41

Source: Authority and FRA, 2017

Global Rank

G3 = 21-100 element occurrences (Eos) OR 10,000-50,000 acres.

State Rank

S3 = 21-100 EOs OR 10,000-50,000 acres

Additional global and state ranking is included in Appendix 3.7-B, Attachment 3, of the Fresno to Bakersfield Section Final EIR/EIS. 

F-B LGA = Fresno to Bakersfield Locally Generated Alternative

Construction impacts may result from all permanent ground-disturbing activities, including 

construction of the track, access roads, road crossings, and buildings. Impacts would result 

largely from the use of heavy machinery (including bulldozers, motor graders, scrapers, 

excavators, earth compaction equipment, and cranes) to clear, grub, excavate, compact, or 

otherwise prepare the ground surface for the construction of permanent features. The 

construction of these features may result in permanent loss of special-status plant communities in 

the project footprint.
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Identified special-status plant communities would be directly and temporarily impacted by 

construction (e.g., aerial structure construction and construction staging areas). These impacts 

would result from clearing vegetation or grubbing in areas that would be allowed to reestablish 

following construction.

Permanent and temporary indirect construction impacts on special-status plant communities 

would include fragmentation and introduction of nonnative, invasive plant species. These 

changes would result in decreased viability and gradual loss of special-status plant communities. 

Fragmentation would result from the construction of permanent features, especially linear 

features, including track and access roads that bisect special-status plant communities.

Construction activities could facilitate the spread of nonnative invasive plant species through 

introduction of seeds by construction equipment, vehicles, and personnel, and could provide 

ample habitat for colonization where permanent and temporary ground-disturbing activities occur.

Due to the presence of unsurveyed habitats that have the potential to support special-status plant 

communities, the F-B LGA may result in a measurable loss to special-status plant species. 

Therefore, prior to the implementation of mitigation measures, the F-B LGA would result in a 

significant impact under CEQA on special-status plant communities.

Jurisdictional Waters

Jurisdictional waters, including canals/ditches, culverts, retention/detention basins, and riverine 

features, are present at various locations throughout the F-B LGA (Figure 3.7-3). The 

construction of roads, rail track, and associated infrastructure would result in the removal or 

alteration of jurisdictional waters through filling, hydrological interruption, or other activities that 

will impact these resources. In the case of man-made features, these impacts would cause the 

loss or disruption of the limited biological functions these features provide. In natural areas, these 

activities would remove or disrupt the hydrology, vegetation, wildlife utilization, water quality 

conditions, and other biological functions provided by these resources. Table 3.7-9 quantifies 

permanent and temporary direct impacts on jurisdictional waters in the Wetland Study Area of the 

F-B LGA. For a comparison of the permanent and temporary direct impacts on jurisdictional 

waters between the May 2014 Project and the F-B LGA, please refer to Table 8-2 in Chapter 8 

and Table 8-A-72 of Technical Appendix 8-A.
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Table 3.7-9 Direct Impacts on Jurisdictional Waters

Wetlands and Other Waters Impact Type Impact Acreage

Wetlands Permanent —

Temporary —

Canal/Ditch Permanent 13.45

Temporary 0.11

Retention/Detention Basin Permanent 1.38

Temporary 0.66

Seasonal Riverine Permanent 1.13

Temporary 0.41

Other Waters of the United States Total Permanent 15.96

Temporary 1.18

Total Impacts Permanent 15.96

Temporary 1.18

Additional Waters of the State1 Permanent — 

Temporary — 

Additional CDFW Riparian2 Permanent — 

Temporary — 

Source: Authority and FRA, 2017

— = No impact or not applicable 1 Additional waters of the State documents any aquatic features not previously identified as waters of the U.S. 2 Additional CDFW Riparian documents any riparian habitat not previously identified as waters of the US. 

CDFW = California Department of Fish and Wildlife

The construction of various project components (e.g., embankments, railbeds, road 

overcrossings, and aerial structure footings) would result in direct impacts on jurisdictional waters. 

Construction would require the use of heavy machinery to contour the landscape and place fill 

materials (such as culverts, dirt, and/or engineering structures) in both man-made jurisdictional 

waters (such as basins) and in natural features (riverbeds). The contouring and placement of fill 

in jurisdictional waters would result in the permanent loss of jurisdictional water functions and 

values. 

Potential indirect impacts on jurisdictional waters include a number of water-quality-related 

impacts: erosion and transport of fine sediments or fill downstream of construction to 

unintentional release of contaminants into jurisdictional waters that are outside of the project 

footprint. These discharges would indirectly impact adjacent or downstream jurisdictional waters.

The F-B LGA would affect primarily man-made jurisdictional waters (e.g., basins and canals) but 

would also affect natural jurisdictional waters associated with the Kern River, and would 

constitute a measurable loss to these features. Therefore, prior to the implementation of 

mitigation measures, the F-B LGA would result in a substantial adverse effect to jurisdictional 

waters under CEQA. 

Most impacts to jurisdictional waters in canals/ditches would be avoided via bridges and elevated 

structures (e.g., viaducts). However, a section of both the Callaway Canal and Lerdo Canal will 

be realigned to provide a perpendicular crossing for the F-B LGA alignment. Realignment will 

result in permanent and temporary impacts to canal/ditches.

Many of the canals/ditches are heavily managed by local irrigation districts, which serve public 

water needs and agricultural production. As a result, the biological functions of these man-made 
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features include limited habitat for wildlife and capacity for water storage or release. A number of 

these waters have been previously degraded or impacted by existing roads and railroad

infrastructure. The construction of the F-B LGA would avoid further degradation of these manmade jurisdictional waters.

Direct impacts on natural and man-made features include the removal or modification of local 

hydrology, the redirection of flow, and the placement of fill material in retention/detention basin 

features. In the case of man-made features, these impacts would remove or disrupt the limited 

biological functions that these features provide.

The Kern River, the only seasonal riverine feature in the F-B LGA Study Areas, would be 

spanned by a bridge; however, some minor permanent impacts to the Kern River would result 

from placement of supports. The redirection of flow and the placement of fill material could 

remove or disrupt the hydrology, vegetation, wildlife use, water quality conditions, and other 

biological functions provided by the resources within the seasonal riverine area. 

The seasonal riverine waters are heavily managed by local irrigation districts, which serve public 

water needs and agricultural production. As a result, the biological functions of these features 

include limited habitat for wildlife and capacity for water storage or release. There are also areas 

that have been previously degraded or impacted by existing roads and railroad infrastructure. The 

construction of the F-B LGA would avoid further degradation of the seasonal riverine areas.

Conservation Areas

The F-B LGA overlaps the Recovery Plan for Upland Species of the San Joaquin Valley, 

California (USFWS 1998). A portion of the F-B LGA crosses a linkage area along the Kern River

that is identified in this recovery plan. Project impacts associated with the F-B LGA would result in 

temporary and permanent disturbance of this recovery plan linkage area.

As a result of the 1.13-acre permanent impact to the Kern River, the F-B LGA would result in 

measurable loss to recovery plan areas. Therefore, prior to the implementation of mitigation

measures, the F-B LGA would result in a significant impact under CEQA on recovery plans.

The F-B LGA overlaps the Metropolitan Bakersfield Habitat Conservation Plan (HCP) area (City 

of Bakersfield and Kern County 1994). Construction of the F-B LGA would result in permanent 

and temporary impacts within the MBHCP area. Construction period impacts of the F-B LGA do 

not conflict with the provisions of the MBHCP because proposed mitigation ratios for F-B LGA are 

similar to the “adequate mitigation” ratios presented in the MBHCP. No additional mitigation will 

be required to comply with all mandated provisions of the MBHCP. Also, the F-B LGA does not 

overlap with the Conceptual Focus Areas identified as potential preserve areas. Therefore, the FB LGA would have no impact on HCPs under CEQA. 

Protected Trees

Protected trees are present in the F-B LGA, and project construction activities would both alter 

and remove some portion of these resources. Construction of the project would result in the 

permanent removal or modification of all trees that are located within the project footprint (Table 

3.7-10). 
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Table 3.7-10 Impacts on Protected Trees

Tree Type Trees to Be Removed

Willow Species 4

Eucalyptus Species 113

Pine Species 31

Landscape/Ornamental/Non-Native 165

Unknown1 99

Total 412

Source: Authority and FRA, 2017 1 Clusters of trees where the number of trees have been estimated were identified as “tree clusters” and were added to the “unknown” category.

All or most of the protected trees currently in areas where permanent infrastructure (e.g., rail track 

and road overpasses) and temporary activities (e.g., materials staging, temporary access roads, 

and construction rights-of-way) are proposed would need to be removed during construction. 

Where the alignment is located at-grade, removal or trimming of all protected trees is anticipated. 

In urban areas and where the alignment is located on an elevated structure and where the 

majority of the landscaped ornamental trees are located, trimming and limited removal of 

protected trees would occur.

Because some trees could not be identified due to lack of permission to enter, some of these 

trees are likely protected by local regulations, while others likely are not.

The regional and contextual importance of protected trees in the Special-Status Plant Study Area 

varies based on the species of tree and its location. Native tree species and trees found in 

riparian areas are ecologically valuable because natural habitats and riparian areas have been 

greatly reduced in the Central Valley, and these trees, therefore, represent a rare resource for 

wildlife. However, the majority of protected trees present, besides those of unknown type, are 

landscape, ornamental, or nonnative trees, which are less ecologically significant because they 

do not provide natural habitat or are less likely to provide native species preservation value. 

Construction of the F-B LGA would result in the removal or modification of protected trees within 

the construction footprint, which could conflict with the objectives goals, and/or provisions 

identified in approved local, regional, or state conservation plans. Therefore, construction period 

impacts of the F-B LGA would result in a significant impact under CEQA.

BIO #4 – Construction Effects on Wildlife Movement Corridors 

The construction of the HSR project may result in direct impacts and/or indirect impacts in habitat 

types where linkages and potential movement corridors have been identified. Direct impacts 

include the obstruction of wildlife movement because of project infrastructure, security fencing 

and construction fencing. Indirect impacts may occur as a result of noise, vibrations, and visual or 

light pollution that could result in temporary shifts in use of corridors, foraging patterns or 

territories, nursery or rookery abandonment and increased predation.

In the case where the rail would be constructed on elevated structures, the project would have 

negligible interferences to linkages because the elevated portions of the rail would span several 

miles and would allow unimpeded wildlife passage. In the case of at-grade portions of the rail, 

linkages would be at risk of losing their functionality, and construction and operations would 

further impair the tenuous habitat linkages between existing natural habitat blocks.

The major linkage identified in the F-B LGA is associated with the Kern River. Although the

infrastructure would not impede movement of aquatic species, construction activities could 

obstruct wildlife movement and migration through the Kern River linkage for between two to five 

consecutive years, resulting in greater impacts to wildlife using the linkage. Therefore, prior to the 

implementation of mitigation measures, the project would result in a significant impact under 

CEQA. 
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BIO #5 – Project Effects on Special Status Plant Species

Direct Effects

Direct effects associated with operation and maintenance will be limited to where habitats within 

the project footprint were modified or degraded during construction. Wherever suitable lands are 

modified or degraded during construction, special-status plant species are unlikely to reoccur and 

operational activities that require maintenance of the railway are unlikely to result in direct effects 

to special-status plant species.

Where construction will occur in special-status plant species habitat, special-status plant species 

may be present and may colonize a portion of the operational right-of-way where maintenance 

activities are minimal. If operations and maintenance activities occur where any special-status 

plant species re-colonize, potential direct effects may occur where maintenance-associated 

ground disturbance, clearing, or grubbing are required. These direct effects may be either 

permanent or temporary (if the plants are able to reestablish) in duration. These effects would be 

caused by similar mechanisms as those described above for construction, but to a lesser degree, 

as operational activities have a smaller footprint than construction activities.

Indirect Effects

Indirect effects to special-status plant species may occur in the operations phase where 

potentially suitable habitats within the Special-Status Plant Study Area were not modified or 

degraded during construction. Because potentially suitable habitat will be converted and made 

unsuitable during construction, operational activities that require maintenance of the railway are 

not expected to result in indirect effects to special-status plant species.

Where construction will occur in special-status plant species habitat, special-status plant species 

may occur and may colonize a portion of the operational right-of-way if some areas are left 

relatively undisturbed with minimal maintenance activities. If operation and maintenance activities 

occur where any special-status plant species recolonize the area, indirect effects may occur 

where ground disturbing, clearing, or grubbing are required. Such effects would be caused by 

similar mechanisms as those described above for construction, but to a much lesser degree, 

given that operation activities have a smaller footprint than construction activities.

BIO #6 – Project Effects on Special Status Wildlife Species

Direct Effects

Direct effects associated with operation and maintenance will be limited to where habitats within 

the project footprint were modified or degraded during construction. Wherever suitable lands are 

modified or degraded during construction, special-status wildlife species are unlikely to reoccur 

and operational activities that require maintenance of the railway are unlikely to result in direct 

effects to special-status wildlife species.

Where construction will occur in special-status wildlife species habitat, special-status wildlife 

species may be present and may colonize a portion of the operational right-of-way where 

maintenance activities are minimal. If operations and maintenance activities occur where any 

special-status wildlife species re-colonizes, potential direct effects may occur where 

maintenance-associated ground disturbance, clearing, or grubbing are required. These direct 

effects may be either permanent or temporary (if special-status wildlife species habitats are able 

to reestablish) in duration. These effects would be caused by similar mechanisms as those 

described above for construction, but to a lesser degree, as operational activities have a smaller 

footprint than construction activities.
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Indirect Effects

Indirect effects to special-status wildlife species may occur in the operations phase where 

potentially suitable habitats within the Habitat Study Area were not modified or degraded during 

construction. Because potentially suitable habitat will be converted and made unsuitable during 

construction, operational activities that require maintenance of the railway are not expected to 

result in indirect effects to special-status wildlife species.

Where construction will occur in special-status wildlife species habitat, special-status wildlife 

species may occur and may colonize a portion of the operational right-of-way if some areas are 

left relatively undisturbed with minimal maintenance activities. If operation and maintenance

activities occur where any special-status wildlife species recolonize the area, indirect effects may 

occur where ground disturbing, clearing, or grubbing are required. Such effects would be caused 

by similar mechanisms as those described above for construction, but to a much lesser degree 

given that operation, activities have a smaller footprint than construction activities.

BIO # 7 Project Effects on Habitats of Concern

Special status plant communities

Direct effects associated with operation and maintenance will be limited to where habitats within 

the project footprint were modified or degraded during construction. Wherever suitable lands are 

modified or degraded during construction, special-status plant communities are unlikely to 

reoccur and operational activities that require maintenance of the railway are unlikely to result in 

direct effects to special-status plant communities.

Because special-status plant communities in the operations area will be converted and made 

unsuitable during construction, operational activities that require maintenance of the railway are 

not expected to result in indirect effects to special-status plant communities.

Jurisdictional waters

The operation of the HSR System may result in direct effects to jurisdictional waters during 

routine maintenance activities at existing water crossings or in areas where jurisdictional waters 

have established subsequent to project construction. Routine maintenance activities include 

visual inspections, drain cleaning, vegetation control and litter removal, which generally result in 

negligible effects to jurisdictional waters. Direct maintenance of tracks would be performed by 

specialized trains and are not expected to result in effects to jurisdictional waters.

Operational indirect effects to jurisdictional waters are limited to those features with direct 

hydrological connection to direct impact locations. Jurisdictional waters that meet this criterion are 

limited to the Kern River, Calloway Canal and Lerdo Canal. Potential indirect effects on 

jurisdictional waters, including changes in drainage patterns or water circulation and downstream 

increases in erosion and sediment transport, may result from permanent project features (e.g., 

piles and culverts). However, the potential for indirect effects would be minimal due to existing 

disturbance levels and hydromodification associated with urban and agricultural land uses, and 

as a result of project design intended to minimize potential indirect effects (e.g., pile placement, 

orientation, implementation of scour-control measures, etc.). Furthermore, the F-B LGA would 

fully maintain existing hydrological functions (both irrigation supply and drainage) through 

installation of properly sized culverts at every crossing.

Conservation areas

The F-B LGA will comply with all mandated provisions of existing conservation plans except for 

the VFHCP, which has not been officially adopted and is currently in draft form. In the event that 

the VFHCP is adopted prior to project implementation, the project will be required to comply with 

the mandated provisions of the VFHCP. Therefore, the project is not required to avoid conflicts 

with the provisions of the plan at this time. 
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Protected Trees

Direct and indirect effects to protected trees are expected during operations. However, effects 

would be limited to trimming and pruning. No additional protected trees would be removed during 

routine operations and maintenance. 

BIO # 8 Project Effects on Wildlife Movement Corridors

Direct Effects

Direct effects associated with operation and maintenance will be limited to the Kern River linkage 

within the project footprint. Operations and maintenance activities along the viaduct railway 

crossing at the Kern River will result in direct effects to the Kern River linkage wildlife migration 

corridor, but to a lesser degree than construction activities, as operational activities have a 

smaller footprint than construction activities.

Indirect Effects

Operations may result in indirect effects to the Kern River linkage wildlife migration corridor during 

maintenance activities along the viaduct structure over the Kern River. Indirect impact include 

temporary migration deterrents such as noise, vibrations, and occasional clearing and grubbing 

activities, but to a lesser degree than construction activities, as operational activities have a 

smaller footprint than construction activities. 

3.7.5 Avoidance and Minimization Measures

All of the avoidance and minimization measures (referred to as project design features in Section 

3.7.6 of the Fresno to Bakersfield Section Final EIR/EIS) are applicable to the F-B LGA. The 

applicable list is provided in Technical Appendix 2-G Mitigation Monitoring and Enforcement Plan, 

the Authority and FRA would implement measures to reduce impacts on biological resources 

based on applicable design standards. Technical Appendix 2-H describes how implementation of 

these two measures would reduce adverse effects on biological resources. As shown in Table 

3.7-11, the following Avoidance and Minimization Measures would be applicable to the May 2014 

Project as well as the F-B LGA.

Table 3.7-11 Avoidance and Minimization Measures Applicable to the F-B LGA

Number Description

BIO-AM#1 In addition to the mitigation measures described below in Table 3.7-12, multiple project design 

features have been developed for the Fresno to Bakersfield Section to avoid and minimize potential 

impacts and effects on biological resources. 

At multiple locations, the route of the alternative alignments was altered to avoid impacts and effects 

to biological resources. 

During project design and construction, the Authority and FRA would implement measures to reduce 

impacts on air quality and hydrology based on applicable design standards. Implementation of these 

measures would also reduce impacts to biological resources. The design standards applicable to the 

project are listed in Appendix 2-D and the measures to be applied are summarized in Section 3.3, Air 

Quality and Global Climate Change and Section 3.8, Hydrology and Water Resources. 

BIO-AM#2 Wildlife crossing opportunities will be available through a variety of engineered structures, including 

dedicated wildlife crossing structures, elevated structures, bridges over riparian corridors, road 

overcrossings and undercrossings, and drainage facilities (i.e., large-diameter [60- to 120-inch] 

culverts and paired 30-inch culverts). For a more detailed discussion of the crossing structures, 

including figures depicting the frequency and locations of these structures, refer to Figures 3-3a 

through 3-3d and Section 5.6 of the Fresno to Bakersfield Section: Biological Resources and 

Wetlands Technical Report (Authority and FRA 2012a).
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The avoidance and minimization measures developed for biological resources and wetlands in 

the Fresno to Bakersfield Section Final EIR/EIS, as listed in Table 3.7-11 are applicable to the FB LGA. The F-B LGA will include avoidance and minimization measures that would provide 

wildlife crossing opportunities (i.e., at the Kern River) and minimize disturbance to natural habitat 

(and therefore minimize disturbance to wildlife usage). Additional information regarding project 

design features is included in Technical Appendix 2-G of this Supplemental EIR/EIS. No 

additional avoidance and minimization measures for biological resources and wetlands were 

developed for the F-B LGA, as there are no additional biological resources affected by the F-B 

LGA that were not previously evaluated in the Fresno to Bakersfield Section Final EIR/EIS. 

Refer to the Fresno to Bakersfield Section Mitigation and Monitoring Enforcement Plan (Authority

and FRA 2014: page 2-3) for additional information on these measures and their relative 

effectiveness for impact reduction.

3.7.5.1 Mitigation Measures Identified in the Fresno to Bakersfield Section 

Final EIR/EIS

The following mitigation measures summarized in this section were approved under the Fresno to 

Bakersfield Section Mitigation and Monitoring Enforcement Plan (Authority and FRA 2014).The 

majority of these measures are applicable to the F-B LGA and are summarized in Table 3.7-12. 

Five measures are only partially applicable and 13 measures are not applicable to the F-B LGA; 

these measures are summarized in Table 3.7-13 and include an explanation of why the measure 

is only partially or not applicable. These measures and how they reduce impacts are discussed in 

further detail within the Fresno to Bakersfield Section Mitigation and Monitoring Enforcement Plan 

(Authority and FRA 2014: pages 1-8 through 1-44).

Table 3.7-12 Mitigation Measures Applicable to the F-B LGA

Number Description

BIO-MM#1 Designate Project Biologist(s), Regulatory Specialist (Waters), Project Botanist, and Project Biological 

Monitor(s)

BIO-MM#2 Regulatory Agency Access

BIO-MM#3 Prepare and Implement a Worker Environmental Awareness Program 

BIO-MM#4 Prepare and Implement a Weed Control Plan and Annual Vegetation Control Plan

BIO-MM#5 Prepare and Implement a Biological Resources Management Plan

BIO-MM#6 Prepare and Implement a Restoration and Revegetation Plan

BIO-MM#7 Delineate Environmentally Sensitive Areas and Environmentally Restricted Areas (on plans and in 

field)

BIO-MM#8 Wildlife Exclusion Fencing

BIO-MM#9 Equipment Staging Areas

BIO-MM#10 Mono-Filament Netting

BIO-MM#11 Vehicle Traffic

BIO-MM#12 Entrapment Prevention

BIO-MM#13 Work Stoppage

BIO-MM#14 “Take” Notification and Reporting

BIO-MM#15 Post-Construction Compliance Reports

BIO-MM#16 Conduct Protocol-Level Preconstruction Surveys for Special-Status Plant Species and Special-Status 

Plant Communities

BIO-MM#17 Prepare and Implement Plan for Salvage, Relocation and/or Propagation of Special-Status Plant 

Species
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Number Description

BIO-MM#22 Conduct Preconstruction Surveys for Special-Status Reptile and Amphibian Species

BIO-MM#23 Conduct Special-Status Reptile and Amphibian Monitoring, Avoidance, and Relocation

BIO-MM#29 Conduct Preconstruction Surveys and Delineate Active Nest Exclusion Areas for Other Breeding Birds

BIO-MM#30 Conduct Preconstruction Surveys and Monitoring for Raptors

BIO-MM#31 Bird Protection

BIO-MM#32 Conduct Protocol and Preconstruction Surveys for Swainson’s Hawks

BIO-MM#33 Swainson’s Hawk Nest Avoidance and Monitoring

BIO-MM#34 Monitor Removal of Nest Trees for Swainson’s Hawks

BIO-MM#35 Conduct Protocol Surveys for Burrowing Owls

BIO-MM#36 Burrowing Owl Avoidance and Minimization

BIO-MM#40 Conduct Preconstruction Surveys for Special-Status Bat Species

BIO-MM#41 Bat Avoidance and Relocation

BIO-MM#42 Bat Exclusion and Deterrence

BIO-MM#43 Conduct Preconstruction Surveys for American Badger and Ringtail

BIO-MM#44 American Badger and Ringtail Avoidance

BIO-MM#45 Conduct Preconstruction Surveys for San Joaquin Kit Fox

BIO-MM#46 Minimize Impacts on San Joaquin Kit Fox

BIO-MM#47 Restore Temporary Riparian Impacts

BIO-MM#48 Restore Temporary Impacts on Jurisdictional Waters

BIO-MM#49 Monitor Construction Activities within Jurisdictional Waters

BIO-MM#50 Mitigation and Monitoring of Protected Trees

BIO-MM#51 Install Flashing or Slats within Security Fencing

BIO-MM#52 Construction in Wildlife Movement Corridors

BIO-MM#58 Compensate for Loss of Swainson’s Hawk Nesting Trees

BIO-MM#59 Compensate for Loss of Burrowing Owl Active Burrows and Habitat

BIO-MM#60 Compensate for Destruction of San Joaquin Kit Fox Habitat

BIO-MM#61 Compensate for Permanent Riparian Impacts

BIO-MM#62 Prepare and Implement a Site-Specific Comprehensive Mitigation and Monitoring Plan

BIO-MM#64 Compensate for Impacts on Protected Trees

BIO-MM#65 Offsite Habitat Restoration, Enhancement, and Preservation
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Table 3.7-13 Mitigation Measures Partially or Not Applicable to the F-B LGA

Number Description Reasoning

Mitigation Measures Partially Applicable to the F-B LGA

BIO-MM#37 Conduct Surveys for Nelson’s Antelope 

Squirrel, Tipton Kangaroo Rat, Dulzura 

Pocket Mouse, and Tulare Grasshopper 

Mouse

This measure is applicable to the F-B LGA, except for the 

portion of the measure specific to Dulzura pocket mouse,

as no suitable habitat for this species is present in the 

habitat study area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#38 Implement Avoidance and Minimization 

Measures for Nelson’s Antelope Squirrel, 

Tipton Kangaroo Rat, Dulzura Pocket 

Mouse, and Tulare Grasshopper Mouse

This measure is applicable to the F-B LGA, except for the 

portion of the measure specific to Dulzura pocket mouse,

as no suitable habitat for this species is present in the 

habitat study area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#53 Compensate for Impacts on SpecialStatus Plant Species

This measure is applicable to the F-B LGA, except that 

compensation will be in accordance with the USFWS 

Biological Opinion dated April 2014.

BIO-MM#57 Compensate for Impacts on Blunt-Nosed 

Leopard Lizard, Tipton Kangaroo Rat, and 

Nelson’s Antelope Squirrel

This measure is applicable to the F-B LGA, except for the 

portion of the measure specific to blunt-nosed leopard 

lizard, as no suitable habitat for this species is present in 

the habitat study area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#63 Compensate for Permanent and 

Temporary Impacts on Jurisdictional 

Waters

This measure is applicable to the F-B LGA, except for the 

portions of the measure specific to vernal pool 

branchiopods and California tiger salamander as no 

suitable habitat for these species is present in the habitat 

study area; therefore, the F-B LGA will not affect these 

species. In addition, the portion of the measure specific to 

conservation areas is not applicable to the F-B LGA, as 

the project footprint will not affect any conservation areas.

Mitigation Measures Not Applicable to the F-B LGA

BIO-MM#18 Conduct Pre-Construction Sampling and 

Assessment for Vernal Pool Fauna

This measure is not applicable to the F-B LGA as no 

suitable habitat for vernal pool fauna is present within the 

habitat study area; therefore, the F-B LGA would not 

affect vernal pool fauna. 

BIO-MM#19 Seasonal Vernal Pool Work Restriction This measure is not applicable to the F-B LGA as no 

suitable habitat for vernal pool fauna is present within the 

habitat study area; therefore, the F-B LGA would not 

affect vernal pool fauna. 

BIO-MM#20 Implement and Monitor 

Protection

Vernal Pool This measure is not applicable to the F-B LGA as no 

suitable habitat for vernal pool fauna is present within the 

habitat study area; therefore, the F-B LGA would not 

affect vernal pool fauna. 

BIO-MM#21 Implement Avoidance and Minimization 

Measures for the Valley Elderberry 

Longhorn Beetle

This measure is not applicable to the F-B LGA as the 

project area is no longer within the range of the Valley 

Elderberry Longhorn Beetle federal designation; 

therefore, the F-B LGA would not affect this species.

BIO-MM#24 Conduct 

Surveys 

Protocol and Preconstruction 

for California Tiger Salamander

This measure is not applicable to the F-B LGA as no 

suitable habitat for California tiger salamander is present 

in the habitat study area; therefore, the F-B LGA would 

not affect this species.
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Number Description Reasoning

BIO-MM#25 Implement Avoidance and Minimization 

Measures for California Tiger Salamander

This measure is not applicable to the F-B LGA as no 

suitable habitat for California tiger salamander is present 

in the project area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#26 Conduct Protocol-Level Surveys for BluntNosed Leopard Lizard

This measure is not applicable to the F-B LGA as no 

suitable habitat for blunt-nosed leopard lizard is present 

in the habitat study area; therefore, the F-B LGA would 

not affect this species.

BIO-MM#27 Phased Preconstruction Surveys for BluntNosed Leopard Lizard

This measure is not applicable to the F-B LGA as no 

suitable habitat for blunt-nosed leopard lizard is present 

in the habitat study area; therefore, the F-B LGA would 

not affect this species.

BIO-MM#28 Blunt-Nosed Leopard Lizard Avoidance This measure is not applicable to F-B LGA as no suitable 

habitat for blunt-nosed leopard lizard is present in the 

habitat study area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#39 Implement Avoidance and Minimization 

Measures for Fresno Kangaroo Rat

This measure is not applicable to the F-B LGA as no 

suitable habitat for Fresno kangaroo rat is present in the 

habitat study area; therefore, the F-B LGA would not 

affect this species.

BIO-MM#54 Compensate for Impacts on Vernal Pool 

Fairy Shrimp and Vernal Pool Tadpole 

Shrimp

This measure is not applicable to the F-B LGA as no 

suitable habitat for vernal pool fauna is present within the 

habitat study area; therefore, the F-B LGA would not 

affect vernal pool fauna. 

BIO-MM#55 Compensate for Impacts on Valley 

Elderberry Longhorn Beetle

This measure is not applicable to the F-B LGA as the 

project area is no longer within the range of the Valley 

Elderberry Longhorn Beetle federal designation; 

therefore, the F-B LGA would not affect this species.

BIO-MM#56 Compensate for Impacts on California 

Tiger Salamander

This measure is not applicable to the F-B LGA as no 

habitat for California tiger salamander is present in the 

project area; therefore, the F-B LGA would not affect this 

species.

F-B LGA = Fresno to Bakersfield Locally Generated Alternative

USFWS = United States Fish and Wildlife Service

The majority of the mitigation measures (or portions of the measures) developed for biological 

resources and wetlands in the Fresno to Bakersfield Section Final EIR/EIS, as listed in Section 

3.7.5.1, are applicable to the F-B LGA. Those measures that are not applicable, or only partially 

applicable to the F-B LGA, are also discussed above in Section 3.7.5.1 and Table 3.7-11. 

Refer to the Fresno to Bakersfield Section Mitigation and Monitoring Enforcement Plan (Authority

and FRA 2014: pages 1-8 through 1–44) and the Fresno to Bakersfield Section Final EIR/EIS 

(pages 3.7-213 through 3.7-225) for additional information on these measures and their relative 

effectiveness for impact reduction and an evaluation of impacts resulting from the implementation 

of the mitigation measures.

3.7.5.2 Mitigation Measures Identified in the Fresno to Bakersfield Section July 

2017 Biological Opinion

Subsequent to certification of the Fresno to Bakersfield Section Final EIR/EIS, in September 

2014, the Authority, on behalf of the FRA, requested reinitiation of formal consultation with the 

USFWS and was issued a revised Biological Opinion for the Fresno to Bakersfield Section in July 

2017 (USFWS 2017a). This revised USFWS Biological Opinion included the BVLOS which was 
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not considered in the 2014 USFWS Biological Opinion (USFWS 2014). Results of recent trapping 

and camera detection efforts and the discovery of a carcass in an area previously not known to 

support the species, indicate that the range of BVLOS overlaps the project alignment, and that 

the project footprint contains areas of potentially suitable habitat (USFWS 2011). 

The 2017 USFWS Biological Opinion also revises project effects to multiple species to take into 

account project activities that have been added since the 2014 USFWS Biological Opinion. These

revisions are as follows: revised effects for the federally-listed as endangered Tipton kangaroo rat 

(Dipodomys nitratoides nitratoides) and blunt-nosed leopard lizard (Gambelia sila); effects of 

additional activities on the federally-listed as threatened Central California Distinct Population 

Segment of the California tiger salamander (Ambystoma californiense); and revised effects due to 

increased disturbance acreage for the federally-listed as endangered blunt-nosed leopard lizard, 

San Joaquin kit fox (Vulpes macrotis mutica), Tipton kangaroo rat, Kern mallow (Eremalche 

kernensis), San Joaquin woolly-threads (Monolopia congdonii) and the federally-listed as 

threatened Hoover's spurge (Chamaesyce hooveri). Revised effects occur as a result of 

relocation activities and/or burrow excavation (trapping, handling, holding, transporting, and 

relocating), and Cultural Resources Management activities required to mitigate project impacts to 

cultural resources.

Also subsequent to certification of the Fresno to Bakersfield Section Final EIR/EIS (2014), the 

USFWS withdrew a proposal to delist the Valley elderberry longhorn beetle on September 16, 

2016 (USFWS 2016). As a part of this withdrawal, the USFWS refined the range of the Valley 

elderberry longhorn beetle. Revisions to this species’ range were based on a USFWS review of 

published scientific literature and consultations with experts on the Valley elderberry longhorn 

beetle. As a result, the USFWS no longer considers Kings, Kern, and Tulare counties within the 

Valley elderberry longhorn beetle range. Any elderberry shrubs within these counties are no 

longer considered Valley elderberry longhorn beetle habitat and are not subject to the USFWS's 

Valley elderberry longhorn beetle guidelines and conservation measures.

New mitigation measures applicable to the F-B LGA are described below and their relationship to 

the conservation measures of the biological opinion are summarized in Table 3.7-14. 

BIO-MM#66: Implement Avoidance and Minimization Measures for BVLOS

The following Avoidance and Minimization Measures will be implemented for BVLOS: 

1. The FRA and Authority will conduct habitat suitability determinations in potentially suitable

BVLOS habitat not subject to previous field assessments to determine if the area falls into the

suitable more xeric or suitable more mesic habitat categories. A report documenting the

result of the habitat assessment and concluding if the area is either not suitable, marginal

habitat or suitable mesic or xeric habitat will be prepared and submitted to the USFWS for

review and concurrence.

2. In all suitable habitat areas, all above-ground herbaceous vegetation within the construction

footprint will be cleared using hand tools (which can include weed whackers or mowers)

under the supervision of a USFWS-approved BVLOS biological monitor. All leaf litter will be

removed using rakes, or similar hand tools. All woody vegetation will be cut as closely to the

ground as possible using hand tools (which can include chainsaws). Vegetation will be

removed immediately and stored away from suitable BVLOS habitat. Such vegetation handremoval efforts will be implemented in those areas that require vegetation removal in order to

clearly detect Buena Vista Lake ornate shrew, and will continue at each habitat area until it is

reasonably certain that Buena Vista Lake ornate shrew can be detected within the cleared

areas.

3. After vegetation has been cleared from BVLOS suitable habitat areas, non-disturbance

exclusion fencing will be installed. In those areas where installation of fencing may not be

feasible, the USFWS will be contacted and will provide direction on a case-by-case basis.

The fencing will be installed under the supervision of the USFWS-approved biologist along

the project footprint within BVLOS suitable habitat areas. Fencing will be placed between

areas of active construction and adjacent or nearby suitable habitat to preclude BVLOS from
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running across the construction site and into harm's way. The configuration of the fencing will 

likely vary between areas, and placement will be at the direction of the USFWS-approved 

biologist with input from the USFWS, as required. Fencing may consist of a combination of 

both Environmentally Sensitive Area fencing and Wildlife Exclusion fencing with one way 

exit/escape points.

4. If a shrew is subsequently found within the fenced work area, work will cease immediately

and a section of fence removed so that the shrew may leave the fenced area on their own

volition. The USFWS-approved biologist will monitor the shrew to ensure that any shrew has

moved and remains outside the fence.

5. Prior to the start of construction activities in areas of marginal and suitable habitat (more

mesic and more xeric) for BVLOS, the FRA and Authority will prepare a BVLOS monitoring

and relocation plan. The plan will identify the handling and relocation methodology for any

BVLOS encountered during construction activities. Handling and relocation will be conducted

consistent with the USFWS’s Survey Protocol for Determining Presence of the Buena Vista

Lake Ornate Shrew (USFWS 2012). The plan will identify the process for the relocating of

any captured BVLOS and will be approved by the USFWS prior to construction.

BIO-MM#67: Compensate for Impacts on BVLOS

The compensatory mitigation ratios for BVLOS are based on the type of habitat being affected 

(more mesic or more xeric) by the project. 

Impacts to more mesic suitable habitat will be compensated at a 3:1 ratio through acquisition and 

preservation into perpetuity of occupied more mesic suitable habitat, or creation of occupiable 

more mesic suitable habitat. All proposed suitable BVLOS habitat compensation properties will be 

reviewed and approved by the USFWS.

Impacts to more xeric suitable habitat will be compensated at a 1:1 ratio by providing one acre of 

more xeric suitable habitat directly associated with (within 200 feet of) more mesic suitable habitat 

within a preserved or created mitigation parcel; or at a 0.33:1 ratio by preserving or creating one 

acre of more mesic suitable habitat for every three acres of more xeric suitable habitat disturbed.

Final habitat compensation may consist of a combination of these, as approved by the USFWS. 

The overall goal is to provide contiguous blocks of more mesic habitat accompanied by more 

xeric habitat which supports the more mesic areas, or to provide suitable habitat of either type to 

serve as dispersal corridors among larger occupied or occupiable areas.

Table 3.7-14 Correspondence of Mitigation Measures to Applicable Conservation Measures 

of the 2017 USFWS Biological Opinion

Number Description Reasoning

Mitigation Measures Applicable to the F-B LGA

BIO-MM#66 Implement Avoidance and Minimization Measures 

for BVLOS

This measure corresponds to Conservation 

Measures 1 through 5 in the 2017 USFWS 

Biological Opinion. These measures are applicable 

to the F-B LGA, as suitable habitat for this species 

is present in the habitat study area. 

BIO-MM#67 Compensate for Impacts on BVLOS This measure corresponds to Conservation 

Measure 6 in the 2017 USFWS Biological Opinion. 

This measure is applicable to the F-B LGA, as 

suitable habitat for this species is present in the 

habitat study area. 

BVLOS = Buena Vista Lake ornate shrew

F-B LGA = Fresno to Bakersfield Locally Generated Alternative

USFWS = United States Fish and Wildlife Service
Section 3.7 Biological Resources and Wetlands

California High-Speed Rail Authority November 2017 

Fresno to Bakersfield Section Page | 3.7-95

Draft Supplemental EIR/EIS

3.7.5.3 Mitigation Measures Specific to the F-B LGA

Summary of CEQA Significance after Mitigation

The overall effect of the HSR project on biological resources would be dependent on the intensity 

of the project’s effects, the context in which these effects occur, and the measures implemented 

to mitigate the impacts of the project. The overall intensity of the project impacts for the resourcespecific context under CEQA are summarized for each biological resource below. 

Special-Status Plant Species

Through implementation of the mitigation measures (BIO-MM#1 through 7, 9, 11, 13 through 17, 

47, 53, 61 through 62, and 65) applicable to special-status plant species listed in Section 3.7.5, 

which would include purchase of credits from an existing mitigation bank or through a specialstatus plant re-establishment program at a 1:1 ratio, effects to special-status plant species would 

be slight and would result in a less than significant impact under CEQA. 

Special-Status Wildlife Species

Through implementation of the mitigation measures (BIO-MM#1 through 15, 22 through 23, 29 

through 38, 40 through 46, 51 through 52, 57 through 62, and 65 through 67) applicable to 

special-status wildlife species listed in Section 3.7.5.1, which would include habitat replacement 

through purchasing credits at a mitigation bank or other means (e.g., permittee responsible 

mitigation), effects to specials status wildlife species would be less than significant under CEQA. 

Mitigation ratios vary depending on the amount of habitat affected, the type of habitat, and the 

type of impact, and will be determined in consultation with the appropriate agencies. Mitigation 

ratios and mitigation options are discussed in more detail in Section 7.2.1 of the F-B LGA: 

Biological Resources and Wetlands Technical Report (Authority and FRA 2017: page 7-1 through 

7-3). 

Special-Status Plant Communities

Potential effects of the F-B LGA on special-status plant communities would be minimized through 

implementation of the applicable mitigation measures (BIO-MM#1 through 7, 9, 11, 13 through 

17, 47, 53, 61 through 62, and 65) listed in Section 3.7.5.1 resulting in regional impacts of less 

than significant under CEQA. 

Jurisdictional Waters

The mitigation measures(BIO-MM#1 through 7, 9, 11, 13, 47 through 49, 61 through 63, and 65)

applicable to jurisdictional waters listed in Section 3.7.5.1 would be implemented on a watershed 

scale; thus, effects to jurisdictional waters would be less than significant under CEQA , and will 

result in no net loss of wetlands in accordance with Section 404 of the Clean Water Act. 

Conservation Areas

Potential effects of the F-B LGA on conservation areas would be minimized through 

implementation of the applicable mitigation measures (BIO-MM#1 through 7, 17, 47 through 49, 

52, 61 through 63, and 65) listed in Section 3.7.5.1, which would include restoring nearby areas 

to suitable habitat and/or by purchasing credits in a mitigation bank at a sufficient ratio to comply 

with all mandated provisions of conservation areas. Permanent impacts to special-status plant 

communities (i.e., black willow thickets) within the Kern River linkage area identified in the 

Recovery Plan for Upland Species of the San Joaquin Valley, California will be mitigated at a ratio 

of 2:1 (acres of mitigation to acres of impact), as determined in consultation with appropriate 

agencies (e.g., CDFW). Proposed mitigation ratios for the project are similar to the “adequate 

mitigation” ratios presented in the Metropolitan Bakersfield Habitat Conservation Plan. Therefore, 

the effects of the F-B LGA on recovery areas would be less than significant under CEQA, and will 

result in no net loss of wetlands in accordance with Section 404 of the Clean Water Act. The F-B 

LGA would have no impact on HCPs under CEQA.
Section 3.7 Biological Resources and Wetlands

November 2017 California High-Speed Rail Authority

3.7-96 | Page Fresno to Bakersfield Section

Draft Supplemental EIR/EIS

Protected Trees

Through implementation of the applicable mitigation measures (BIO-MM#50 and 64) listed in 

Section 3.7.5.1, which would include transplanting and/or replacing trees in good condition or 

contributing to a planting fund, project construction and operation impacts would be less than 

significant under CEQA. 

Wildlife Movement

Through implementation of the applicable mitigation measures listed in Section 3.7.5.1, 

specifically implementation BIO-MM-#52 Construction in Wildlife Movement Corridors, which 

would be accomplished through implementation of compensatory mitigation for jurisdictional 

waters and special-status wildlife species, the F-B LGA project effects to wildlife movement would 

be less than significant under CEQA.