75B - PH ADOPT RESO FOR PR NO 15-6827

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L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Therefore, with implementation of Mitigation Measures BIO-1 through BIO-6, the proposed Project would not 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 CDFW or USFWS. Impacts would be less than significant with mitigation incorporated. b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Habitats are considered to be of special concern based on the following: (1) federal, State, and/or local laws regulating their development; (2) limited distributions; and/or (3) the habitat requirements of special -status plants or animals. There are no habitats or natural communities of concern within or immediately adjacent to the BSA. The BSA is composed entirely of developed areas, with some ornamental and weedy vegetation. The BSA has low biological value to native plant and wildlife species. Therefore, the proposed Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. This impact would be less than significant. No mitigation is required. c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant with Mitigation Incorporated. As identified above, the BSA contains one jurisdictional drainage feature (the Santa Ana River), as discussed in further detail in the corresponding Jurisdictional Delineation Report (Appendix D of the NES). The Santa Ana River within the BSA is an unvegetated, concrete -lined intermittent drainage feature. This channel conveys flows attributed to local urban runoff and seasonal storm water. The low -flow channel located within the center of the channel bed had standing water at the time of the field survey. The Santa Ana River has an ordinary high water mark (OHWM) determined to be 21 ft up from the channel bed. Downstream of the BSA, the channel has a direct nexus to the Pacific Ocean (a navigable Water of the United States) and is tidally influenced at its mouth. However, the tidal influence does not extend to the BSA, and there are no waters subject to jurisdiction under Section 10 of the Rivers and Harbors Act. There are no wetlands or riparian areas present within the BSA. The total acreage of potential nonwetland USACE jurisdiction within the BSA is 4.18 ac. Because there is no current publicly issued guidance on determining Regional Water Quality Control Board (RWQCB) jurisdictional areas, jurisdiction was determined based on the federal definition of Waters of the United States as recommended by the State Water Resources Control Board's Workplan: Filling the Gaps in Wetland Protection.10 RWQCB jurisdiction is considered coincident with USACE jurisdiction (4.18 ac) for purposes of CWA Section 401 certification. 10 Regional Water Quality Control Board. 2004. Workplan: Filling the Gaps in Wetland Protection. 3-24 75E125W5 ND\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20)