19E - SANTA ANA GRADE SEPARATION PROJECT

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will ultimately discharge into waters of the United States and the State of California, making the project subject to the requirements of a National Pollution Discharge Elimination System (NPDES) permit. Additionally, other impacts could potentially occur related to groundwater, dewatering during construction, and the potential need for a pump system to remove storm water from the lower elevations of the project area. This will be further evaluated in the Water Quality Memorandum that is prepared for the proposed project. 11. Is the project within a designated sole- source aquifer? The designated sole- source aquifers in California are located in the counties of Fresno, Santa Cruz, Butte, and Imperial. The proposed project is located in Orange County and not near any of California's designated sole- source aquifers. Coastal Zone 12. Is the project within the State Coastal Zone, San Francisco Bay, or Suisun Marsh? The State Coastal Zone is designated as the coastal area that is generally located within one mile of the Pacific Coast. The project area is considerably further from the coast and not within an area regulated by the State Coastal Zone Management Agency (SCZMA). Floodplain 13. Is the construction area located within a regulatory floodway or within the base floodplain (100 -year) elevation of a watercourse or lake? As identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) number 06059C0163J, dated December 3, 2009, for Orange County, California and Incorporated Areas the proposed project is not located with a 1- percent annual chance (100 -year) floodplain or a regulatory floodway. The proposed project is located in unshaded Zone X, which is defined as areas determined to be outside the 0.2% annual chance (500 -year) floodplain. Wild and Scenic Rivers 14. Is the project within or immediately adjacent to a Wild and Scenic River System? There are no wild and scenic rivers located in or adjacent to the study area according to the Wild and Scenic River System list that is maintained by the National Park Service. Biological Resources 15. Is there a potential for federally listed threatened or endangered species, or their critical habitat or essential fish habitat to occur within or adjacent to the construction area? A review of the California Natural Diversity Database and California Nation Plant Society database was performed. In addition a preliminary review of the project site was conducted. The project site includes a few heavily disturbed lots with ruderal vegetation. Based on these reviews, no federally listed or threatened or endangered species occur, or have the potential to occur, on or adjacent to the project site. In addition, no critical habitat for any federally listed threatened or endangered species is present. This will be further documented in the Natural Environment Study (Minimal Impact) (NES [MI]) that is prepared. 16. Does the project have the potential to directly or indirectly affect migratory birds, or their nests or eggs (such as vegetation removal, box culvert replacement/repair, bridge work, etc.)? The Migratory Bird Treaty Act (MBTA) makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds. The law applies to the removal of nests as well as the abandonment of nests occupied by migratory birds during the breeding season. Due to the presence of vegetation and trees within and adjacent to the identified limits of disturbance for the proposed project there is the potential for impacts to migratory and nesting birds during construction activities. This will be further evaluated and addressed in the NES (MI) that is prepared for the proposed project. It is anticipated that tree removal associated with project would occur outside of the bird breeding season. If tree removal would occur during the bird breeding season (February 15 through August 15), a pre- construction nesting bird survey shall be conducted prior to any ground disturbance or vegetation removal. 4 19E -75