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LSA ASSOCIATES, INC. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION <br />JULY 2010 FIRST STREET BRIDGE REPLACEMENT PROJECT <br />CITY OF SANTA ANA <br />BI0-1 All construction activities shall comply with the federal Migratory Bird Treaty Act of 1918 <br />(MBTA). The MBTA governs the taking and killing of migratory birds, their eggs, parts, and <br />nests and prohibits the take of any migratory birds, their eggs, parts, and nests. Compliance <br />with the MBTA shall be accomplished by the following: <br />• Prior to commencement of construction activities (in January or February) installation of <br />a nesting bird/bat exclusionary device shall be installed on the existing bridge structures <br />to preclude birds and bats from nesting or roosting on the structure. <br />• If possible, all vegetation removal activities shall be scheduled from August 16 to <br />February 14, which is outside the typical nesting season. If vegetation is to be cleared <br />during the nesting season (February 15 to August 15), all suitable habitat shall be <br />thoroughly surveyed for the presence of nesting birds by a qualified biologist no more <br />than 7 days prior to clearing, and once weekly during construction to ensure that nesting <br />birds are not present within 100 ft of construction activities. If any active nests are <br />detected, the area shall be flagged and mapped on the construction plans along with a <br />buffer appropriate for the nesting species as determined by the qualified biologist. The <br />buffer area shall be avoided until the nesting cycle is complete or it is determined that the <br />nest has failed. In addition, the biologist will be present on site to monitor the vegetation <br />removal to ensure that any nests not detected during the initial survey are not disturbed. <br />B. Have a substantial adverse impact on any riparian habitat or natural community identified in <br />local or regional plans, policies, and regulations or by the California Department of Fish and Game <br />or U.S. Fish and Wildlife Service? <br />No impact. The project area is a developed urban use with little native vegetation. The Santa Ana <br />River is confined within an open concrete channel as it flows south under and perpendicular to the <br />bridge. Surface runoff from First Street is directed into the City's existing storm drain system. The <br />project study area does not contain any riparian habitat, and although several special concern natural <br />communities were identified during the literature search, none were identified within the study area <br />during the field survey. No significant impact to riparian habitat or other sensitive natural <br />communities will result from project implementation, and no mitigation is required. <br />C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal <br />pool, coastal, etc.) either individually or in combination with the known or probable impacts of other <br />activities through direct removal, filling hydrological interruption, or other means? <br />Less than significant impact. The Santa Ana River is a tributary to the Pacific Ocean, which is a <br />"traditional navigable water," and within the project area it has been channelized with flat concrete <br />sides and bottom. The mouth of the Santa Ana River is a traditional navigable water and the ACOE <br />will determine whether the Santa Ana River in the project area is a traditional navigable water or a <br />relatively permanent water. The Santa Ana River is perennial and conveys runoff from urban water <br />uses. The SAR headwaters begin in the San Bernardino Mountains, flow into the Prado Basin in San <br />Bernardino and Riverside Counties, and passes west and then south through the Cities of Yorba <br />Linda, Anaheim, Orange, Santa Ana, Fountain Valley, Huntington Beach, Costa Mesa, and Newport <br />Beach, where it flows into the Pacific Ocean. <br />07/25/10 ,,PA\DMJ0701\MND\4.0 Environmental Analysis.doc» <br />4-12 <br />20A-63