HomeMy WebLinkAboutAppendix A Natural Environment Study (Minimal Impacts)Natural Environment Study
(Minimal Impacts)
Fairview Street Improvements from 9th Street to 16th Street and
Bridge Replacement Project
City of Santa Ana, Orange County, California
District 12 - Orange
BRLS 5063(184)
December 2018
STATE OF CALIFORNIA
Department of Transportation
Prepared By:
Date: 12/5/18
Bo Gould. Biologist
(949) 553-0666
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine Califomw 92614
Approved By:
Date:
Lisa Sato
(657) 328-6136
Environmental Planner
Division of Environmental Analysis
California Department of Transportation,
District 12
1750 East 4th Street
Santa CA 9 05
Approved By:
Date:
Cr]URU5 Baker
(657) 328-6139
Environmental Planning Specialist Branch Chief
California Department of Transportation, District 12
1750 East 4th Street
Santa Ana, CA 92705
For individuals with sensory disabilities, this document is available in Braille, large print on audiocassette, or
computer disk. To obtain a copy in one of these alternate formats, please call or write to Caltrans, Attn: Charles
Baker, Division of Environmental Analysis Specialist Branch, 1750 East 4th Street, Suite 100 Santa Ana, CA 92705,
(657) 328-6139; or use the California Relay Service TTY to Voice (800) 735-2929, Voice to TTY (800) 735-2922, or
711.
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Natural Environment Study (Minimal Impacts)
Summary
The City of Santa Ana, in conjunction with the California Department of
Transportation, proposes to widen Fairview Street between 9th Street and 16th Street,
including replacing the Fairview Street bridge over the Santa Ana River.
The purpose of the project is to reduce congestion and improve pedestrian and
bicyclist safety on Fairview Street between 9th Street and 16th Street, consistent with
the Orange County Master Plan of Arterial Highways and the City's General Plan
Circulation Element.
A Biological Study Area (BSA) was established to identify potential Project effects
on specific sensitive biological resources and encompasses the Project direct impact
areas (temporary and permanent) as well as a buffer area to account for any potential
proximity effects (e.g., noise, vibration, dust, or lighting) that may occur outside the
direct impact areas. The BSA is composed entirely of developed areas, with
ornamental plantings and other urban vegetation generally considered to be of low
value to native plant and wildlife species. No sensitive natural communities or
wetlands occur within the BSA. No listed plant or animal species are expected to
occur within the BSA or be adversely affected by the Project. To minimize the
potential for impacts to nesting birds protected under the California Fish and Game
Code, surveys for active bird nests are recommended within 3 days prior to
commencement of vegetation removal or ground disturbance activities during the bird
nesting season (February 1 to September 30). Because suitable bat roosting habitat is
present in the existing Fairview Street bridge, several measures are recommended to
avoid, reduce, and/or compensate for potential impacts on roosting bats associated
with the proposed bridge demolition and construction activities.
The Project would replace the existing Fairview Street bridge over the Santa Ana
River, which is considered a jurisdictional waterway. As such, the Project would
require permit authorizations from the United States Army Corps of Engineers,
Regional Water Quality Control Board, and/or the California Department of Fish and
Wildlife.
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Table of Contents
SUMMARY....................................................................................................................i
TABLEOF CONTENTS.........................................................................................................
iii
LIST OF ABBREVIATED TERMS...................................................................................... vii
1. INTRODUCTION...............................................................................................................1
I.I. Project History...........................................................................................................1
1.1.1. Project Purpose and Need.............................................................................1
1.1.1.1. Purpose.........................................................................................1
1.1.1.2. Need.............................................................................................2
1.2. Project Description....................................................................................................2
2. STUDY METHODS...........................................................................................................8
2.1. Regulatory Requirements..........................................................................................8
2.1.1. Review of Jurisdiction Subject to Section 404 of the Clean Water
Act................................................................................................................8
2.1.2. Review of Jurisdiction Subject to Section 1600 of the California
Fishand Game Code.....................................................................................8
2.1.3. Review of Jurisdiction Subject to Section 401 of the Clean Water
Act................................................................................................................9
2.1.4. Rivers and Harbors Act of 1899/General Bridge Act of 1946 .....................9
2.1.5. Federal Endangered Species Act..................................................................9
2.1.6. California Endangered Species Act..............................................................9
2.1.7. Migratory Bird Treaty Act and Executive Order 13186 .............................10
2.1.8. Invasive Species.........................................................................................10
2.2. Studies Required......................................................................................................11
2.2.1. Literature Search........................................................................................11
2.2.2. Field Reviews.............................................................................................12
2.2.3. Survey Methods..........................................................................................12
2.2.3.1. Biological Resources Survey and Habitat Assessment ..............12
2.2.3.2. Jurisdictional Delineation...........................................................13
2.2.3.3. Daytime Bat Habitat Suitability Assessment .............................13
2.2.3.4. Nighttime Bat Emergence Survey..............................................13
2.3. Personnel and Survey Dates....................................................................................14
2.4. Agency Coordination and Professional Contacts....................................................14
2.5. Limitations That May Influence Results.................................................................14
3. RESULTS: ENVIRONMENTAL SETTING...................................................................15
3.1. Description of the Existing Biological and Physical Conditions .............................15
3.1.1. Study Area..................................................................................................15
3.1.2. Physical Conditions....................................................................................15
3.1.3. Biological Conditions in the Study Area....................................................16
3.1.3.1. Flood Control Channels.............................................................16
3.1.3.2. Transportation............................................................................16
3.1.3.3. Ornamental Landscaping............................................................16
3.1.3.4. Disturbed or Barren....................................................................16
3.1.4. Habitat Connectivity...................................................................................16
3.1.5. Regional Species and Habitats and Natural Communities of
Concern.......................................................................................................17
3.1.5.1. Regional Species........................................................................17
3.1.5.2. Habitats......................................................................................17
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Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project iii
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4. RESULTS: BIOLOGICAL RESOURCES, DISCUSSION OF IMPACTS AND
MITIGATION 32
4.1. Habitats and Natural Communities of Special Concern ..........................................
32
4.1.1. Discussion of Jurisdictional Waters...........................................................
32
4.1.1.1. Survey Results...........................................................................
33
4.1.1.2. Project Impacts..........................................................................
33
4.1.1.3. Avoidance and Minimization Efforts/Compensatory
Mitigation..................................................................................
37
4.1.2. Special -Status Plant Species......................................................................
38
4.1.2.1. Survey Results...........................................................................
39
4.1.2.2. Project Impacts..........................................................................
39
4.1.2.3. Avoidance and Minimization Efforts/Compensatory
Mitigation..................................................................................
39
4.1.3. Special -Status Animal Species Occurrences ..............................................
39
4.1.4. Discussion of Cooper's Hawk....................................................................
40
4.1.4.1. Survey Results...........................................................................
40
4.1.4.2. Project Impacts..........................................................................
40
4.1.4.3. Avoidance and Minimization Efforts/Compensatory
Mitigation..................................................................................
40
4.1.5. Discussion of California Horned Lark .......................................................
41
4.1.5.1. Survey Results...........................................................................
41
4.1.5.2. Project Impacts..........................................................................
41
4.1.5.3. Avoidance and Minimization Efforts/Compensatory
Mitigation..................................................................................
41
4.1.6. Discussion of Special -Status Bat Species ..................................................
41
4.1.6.1. Survey Results...........................................................................
42
4.1.6.2. Project Impacts..........................................................................
43
4.1.6.3. Avoidance and Minimization Efforts/Compensatory
Mitigation..................................................................................
43
5. CONCLUSIONS AND REGULATORY DETERMINATION .......................................
45
5.1. Federal Endangered Species Act Consultation Summary .......................................
45
5.2. California Endangered Species Act Consultation Summary ...................................
45
5.3. Essential Fish Habitat Consultation Summary........................................................
45
5.4. Wetlands and Other Waters Coordination Summary ..............................................
45
5.5. Nesting Birds...........................................................................................................
46
5.6. Invasive Species......................................................................................................46
6. REFERENCES 46
APPENDIX A CNDDB, CNPS, USFWS, AND NOAA FISHERIES SPECIES
LISTS 49
APPENDIX B LIST OF PLANT AND WILDLIFE SPECIES OBSERVED ................ 51
B.1 Vascular Plant Species Observed............................................................................ 51
B.2 Animal Species Detected........................................................................................ 54
APPENDIX C REPRESENTATIVE SITE PHOTOGRAPHS ....................................... 57
APPENDIX D JURISDICTIONAL DELINEATION REPORT .................................... 59
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IV Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Figure 1: Project Location .........
Figure 2: Biological Study Area
Figure 3: Aquatic Resources......
List of Figures
....................................................
....................................................
....................................................
List of Tables
....................................3
.................................... 5
.................................. 35
Table1: Survey Data...............................................................................................................14
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or
Known to Occur in the Vicinity of the BSA...............................................................18
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring
or Known to Occur in the Vicinity of the BSA...........................................................23
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List of Abbreviated Terms
OF
degrees Fahrenheit
ac
acre/acres
amsl
above mean sea level
BMPs
Best Management Practices
BSA
Biological Study Area
Cal-IPC
California Invasive Plant Council
CDFW
California Department of Fish and Wildlife
CEQA
California Environmental Quality Act
CESA
California Endangered Species Act
CFR
Code of Federal Regulations
City
City of Santa Ana
CNDDB
California Natural Diversity Database
CNPS
California Native Plant Society
CWA
Clean Water Act
DPS
distinct population segment
EO
Executive Order
FESA
Federal Endangered Species Act
FHWA
Federal Highway Administration
ft
foot/feet
GIS
geographic information system
HA
habitat absent
HP
habitat present
IPAC
Information, Planning, and Conservation System
MBTA
Migratory Bird Treaty Act
mi
mile/miles
MOU
Memorandum of Understanding
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project vii
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NOAA National Oceanic and Atmospheric Administration
NOAA Fisheries National Oceanic and Atmospheric Administration Fisheries
Service
OHWM ordinary high water mark
Porter -Cologne Act Porter -Cologne Water Quality Control Act
PS&E Plans, Specifications, and Estimate
RWQCB Regional Water Quality Control Board
SART Santa Ana River Trail
USACE United States Army Corps of Engineers
USC United States Code
USFWS United States Fish and Wildlife Service
USGS United States Geological Survey
........................................................................................................................................... .
viii Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
1. Introduction
The City of Santa Ana (City), in conjunction with the California Department of
Transportation (Caltrans) District 12, proposes to widen Fairview Street between 9th
Street and 16th Street, including replacing the Fairview Street bridge crossing over
the Santa Ana River (Project) in Santa Ana, California. The purpose of the project is
to reduce congestion and improve pedestrian and bicyclist safety on Fairview Street
between 9th Street and 16th Street, consistent with the Orange County Master Plan of
Arterial Highways and the City's General Plan Circulation Element.
South of 9th Street, Fairview Street provides three lanes in each direction which are
reduced to two lanes in each direction north of 9th Street, across the existing four -
lane bridge, to 16th Street. The Fairview Street segment between 9th Street and 16th
Street is the only constraint for Fairview Street to be built out to its planned width of
six lanes. This condition causes a traffic "bottleneck" during peak hours. In addition,
there are no sidewalks, bikeways, or lighting on the existing bridge. Pedestrians and
bicyclists currently use the roadway shoulder to cross the bridge.
Within the project limits, Fairview Street is bordered by single-family residences and
a few commercial properties.
1.1. Project History
1.1.1. Project Purpose and Need
The Project Area has a history of traffic congestion; however, the Project would
improve traffic flow and alleviate congestion in this area. The Project would also
increase pedestrian safety at Fairview Street bridge by constructing new barrier rails,
sidewalks, bicycle lanes, a raised median, and lighting on the proposed bridge
structure.
1.1.1.1. PURPOSE
The purpose of the Project is to improve pedestrian/bicyclist safety and traffic flow
on and in the vicinity of Fairview Street bridge. The following goals/objectives have
been identified for the Project:
• Provide for adequate vehicular capacity and greater pedestrian and bike safety on
Fairview Street bridge; and
• Make the Fairview Street bridge design and capacity consistent with the Orange
County Master Plan of Arterial Highways and the City of Santa Ana (City)
General Plan Circulation Element.
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Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
1.1.1.2. NEED
The existing Fairview Street bridge has insufficient safety barriers and capacity to
handle existing and projected traffic levels in the Project Area and is operating with
the following deficiencies:
• No sidewalks, bike lanes, center median or barrier, or lighting
• Congestion on and around the existing bridge due to high traffic demands and a
limited number of lanes relative to areas north and south of the bridge
1.2. Project Description
The Project includes widening Fairview Street between 9th Street and 16th Street,
including replacing the Fairview Street bridge crossing over the Santa Ana River
(refer to Figure 1 for the Project Location). The Project would widen Fairview Street
from two lanes in each direction to three lanes in each direction. Fairview Street
bridge would be replaced with a new six -lane bridge (three lanes in each direction),
including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised
median, and lighting. Figure 2 shows the location of each Project component as well
as the Biological Study Area (BSA) established to identify potential Project effects on
specific sensitive biological resources and encompasses the Project direct impact
areas (temporary and permanent) as well as a buffer area to account for any potential
proximity effects (e.g., noise, vibration, dust, or lighting) that may occur outside the
direct impact areas.
The proposed bridge would be expanded from approximately 52 feet (ft) to 100 ft in
width, and would have the same roadway profile as the existing bridge. The eight pier
walls that support the existing bridge would be removed, and four new pier walls
would be constructed to support the new bridge.
The Project would acquire partial right-of-way take from three parcels (two
commercial parcels [Assessor's Parcel Numbers (APNs) 405-213-02 and 405-213-01 ]
and one single-family residence [APN 405-213-14]), as shown in Figure 2.
An existing 12-inch water line and a bank of 12 phone conduits cross the Santa Ana
River, suspended under the deck of the existing bridge. These utilities would need to
be temporarily relocated during construction and then permanently relocated to the
new bridge.
................................................................................................................................................ .
2 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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Fairview Street Improvements
from 9th Street to 16th
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Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
LEGEND FIGURE 2
Biological Study Area (BSA)
0 Proposed Right of Way Acquisition
\f/ 71, Proposed Roadway Widening
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Proposed Roadway Modifications
Proposed Bridge Piers
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Biological Study Area
I:\WKE1702\GIS\BSA.mxd (8/8/2018)
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Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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Water quality best management practices (BMPs) would be included to treat
stormwater runoff such as a vegetated swale adjacent to Fairview Street in the
Fairview Triangle rest area.
Fairview Street would remain open during the construction period with two
southbound lanes and one northbound lane, with lanes shifted to one side of the
bridge while the other side is replaced. Therefore, no detours would be required for
vehicles traveling along Fairview Street. Access to properties would be maintained.
During construction, pedestrians and bikes would be detoured away from the
Fairview Street bridge to the 17th Street bridge to cross the Santa Ana River by way
of the Santa Ana River Trail (SART) between the hours of 9:00 a.m. and 7:00 p.m.,
when the gates to the SART are open and unlocked. After hours, pedestrians and
bicyclists who wish to cross the Santa Ana River would be detoured to adjacent City
streets such as King Street.
Construction of the Project would require temporary closure of a portion of the SART
for the demolition and placement of the bridge superstructure. The SART includes a
Class I bike path on the eastern side and a regional riding and hiking trail on the
western side. The portion of the SART affected by project construction would need to
be temporarily closed four times for approximately 8 hours each time during two
summer periods for the placement of precast concrete girders. During these periods,
SART users would be detoured and signage would be provided to display the dates of
the closures and to identify the detour routes. Work on the north and south sides of
the bridge would be completed during separate periods so that SART users can be
detoured to the trail on the opposite side of the Santa Ana River at 5th Street. There
are gates and ramps located on both sides of the SART at 5th Street that provide
access to bicyclists and pedestrians for these detours. Details regarding the detours
are being coordinated with Orange County Parks. Other short-term closures of up to
15 minutes would be allowed with flagmen.
A temporary detour within the river bed may be required as a contingency. This
would involve construction of dirt and gravel ramps with asphalt topping to and from
the SART and the river bed as shown on Figure 2.
Construction vehicles would access the Santa Ana River from the gate and ramp at
the County of Orange access road at the northwest corner of the bridge, and would
use the existing concrete access ramp into the river approximately 250 ft west of the
Project Area (Figure 2). All access roads to the SART that are utilized by
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 7
Natural Environment Study (Minimal Impacts)
construction vehicles or for detour routes would be reconstructed and restored to pre -
construction conditions or better prior to project completion. Construction is currently
scheduled to start in the spring of 2020.
Construction is planned to last approximately 2 years, and no construction activities
would last more than 5 years at any individual location.
2. Study Methods
2.1. Regulatory Requirements
2.1.1. Review of Jurisdiction Subject to Section 404 of the Clean
Water Act
Pursuant to Section 404 of the Clean Water Act (CWA), the United States Army
Corps of Engineers (USACE) regulates the discharge of dredged and/or fill material
into waters of the United States. "Waters of the United States" is defined in 33 Code
of Federal Regulations (CFR) Part 328 and currently includes: (1) all navigable
waters (including all waters subject to the ebb and flow of the tide), (2) all interstate
waters and wetlands, (3) all impoundments of waters mentioned above, (4) all
tributaries to waters mentioned above, (5) the territorial seas, and (6) all wetlands
adjacent to waters mentioned above.
2.1.2. Review of Jurisdiction Subject to Section 1600 of the
California Fish and Game Code
Pursuant to Division 2, Chapter 6, Sections 1600-1602 of the California Fish and
Game Code, the California Department of Fish and Wildlife (CDFW) regulates all
diversions, obstructions, or changes to the natural flow or bed, channel, or bank of
any river, stream, or lake that supports fish or wildlife.
Unlike the USACE, the CDFW regulates not only the discharge of dredged or fill
material, but all activities that alter streams and lakes and their associated habitats.
These additional areas include some artificial stock ponds and irrigation ditches
constructed on uplands and the riparian habitat supported by a river, stream, or lake
regardless of the riparian area's federal wetland status. In addition, the lateral extent
of a streambed may, in some situations, extend to include broader cross -sectional
widths of drainages and floodplains above and beyond the area contained within the
ordinary high water mark (OHWM), depending on the hydrological regime of a
stream or river. For this reason, the dimensions of a CDFW jurisdictional streambed
may vary substantially from the measured OHWM within the same stream or river.
................................................................................................................................................ .
8 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
2.1.3. Review of Jurisdiction Subject to Section 401 of the Clean
Water Act
The Regional Water Quality Control Board (RWQCB) is responsible for the
administration of Section 401 of the CWA. Typically, the areas subject to RWQCB
jurisdiction coincide with those of the USACE (i.e., waters of the United States,
including any wetlands). The RWQCB also asserts authority over waters of the State
under waste discharge requirements pursuant to the Porter -Cologne Water Quality
Control Act (Porter -Cologne Act).
2.1.4. Rivers and Harbors Act of 1899/General Bridge Act of 1946
The Rivers and Harbors Act is a federal law regulating activities that may affect
navigation on the nation's waterways, and a discussion of those sections follows.
Sections 9 and 10 of the Rivers and Harbors Act and Section 9 of the General Bridge
Act require authorization for structures (including bridges) in or over any navigable
waters of the U.S.
Section 14 of the Rivers and Harbors Act (33 United States Code 408), commonly
referred to as "Section 408" provides that the Secretary of the Army, on the
recommendation of the Chief of Engineers, may grant permission for the temporary
occupation or use of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other
work built by the United States. Permission from the USACE is required for the use,
including modifications or alterations, of any flood control facility work built by the
U.S. to ensure that the usefulness of the federal facility is not impaired. The
permission for occupation or use is to be granted by the "appropriate real estate
instrument in accordance with existing real estate regulations." For USACE facilities,
the Section 408 approval, known as Section 408 permit, is required.
2.1.5. Federal Endangered Species Act
Under provisions of Section 7(a)(2) of the Federal Endangered Species Act (FESA), a
federal agency that permits, licenses, funds, or otherwise authorizes a project activity
must consult with the United States Fish and Wildlife Service (USFWS) to ensure
that its actions would not jeopardize the continued existence of any listed species or
destroy or adversely modify critical habitat that may be affected by the Project.
2.1.6. California Endangered Species Act
The California Endangered Species Act (CESA) is administered by CDFW and
prohibits the take of plant and animal species identified as either threatened or
endangered in the State of California by the Fish and Game Commission (Fish and
................................................................................................................................. .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Game Code Sections 2050-2089). "Take" means hunt, pursue, catch, capture, or kill
or attempt to hunt, pursue, catch, capture, or kill. Sections 2081 and 2080.1 of the
CESA allow CDFW to authorize exceptions to the prohibition of take of State -listed
as threatened or endangered plant and animal species for purposes such as public and
private development.
2.1.7. Migratory Bird Treaty Act and Executive Order 13186
Native bird species and their parts (including eggs, nests, and feathers) are protected
under the Migratory Bird Treaty Act (MBTA) (16 United States Code [USC] 703-
712). The MBTA prohibits the take, possession, import, export, transport, selling,
purchase, barter, or offering for sale any migratory bird, its eggs, parts, and nests,
except as authorized under a valid permit. I
Executive Order (EO) 13186 (Responsibilities of Federal Agencies to Protect
Migratory Birds) directs federal agencies "... taking actions that have, or are likely to
have, a measurable negative effect on migratory bird populations to develop and
implement an MOU with the Fish and Wildlife Service that promotes the
conservation of migratory bird populations." On February 2, 2001, the Federal
Highway Administration (FHWA) issued guidance on EO 13186 recommending
various measures to assist with protecting migratory birds.
2.1.8. Invasive Species
On February 3, 1999, President Clinton signed EO 13112, requiring federal agencies
to combat the introduction or spread of invasive species in the United States. The
order defines invasive species as "...any species, including its seeds, eggs, spores, or
other biological material capable of propagating that species, that is not native to that
ecosystem whose introduction does or is likely to cause economic or environmental
harm or harm to human health." FHWA guidance issued August 10, 1999, directs the
use of the State's noxious weed list to define the invasive plants that must be
considered as part of the California Environmental Quality Act (CEQA) analysis for a
proposed project.
' According to the Department of the Interior Solicitor's Opinion M-37050 dated
December 22, 2017, the MBTA applies only to affirmative actions that have as
their purpose the taking or killing of migratory birds, their nests, or their eggs.
................................................................................................................................................ .
10 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
2.2. Studies Required
2.2.1. Literature Search
Prior to performing the field survey, existing documentation relevant to the BSA was
reviewed. To identify the existence and potential for occurrence of sensitive or
special -status plant and animal species in the vicinity of the BSA, federal and state
database records were reviewed within the nine United States Geological Survey
(USGS) 7.5-minute topographic quadrangles surrounding the BSA, including the
Anaheim, Whittier, La Habra, Yorba Linda, Orange, Tustin, Newport Beach, Los
Alamitos, and Seal Beach quadrangles. Appendix A provides lists obtained from the
following databases:
• CDFW California Natural Diversity Database (CNDDB) RareFind 5: This
database covers special -status plant and animal species as well as special -status
natural communities that occur within California. A list of occurrence records was
generated on February 15, 2018, for a search area encompassing nine USGS 7.5-
minute topographic quadrangles surrounding the BSA. This search was repeated
on August 8, 2018, to verify that the latest occurrence records have been
incorporated into the analysis.
• California Native Plant Society (CNPS) Online Inventory of Rare and
Endangered Plants (CNPS v8-02, 2018): A list of plant species was generated on
February 15, 2018, using a search area encompassing nine USGS 7.5-minute
topographic quadrangles surrounding the BSA. This search was repeated on
August 8, 2018, to verify that the latest occurrence records have been
incorporated into the analysis.
• Information, Planning, and Conservation System (IPAC), which is
administered by the USFWS: This database provides information about the
federally covered resources within the vicinity of a proposed project. USFWS
geographic information system (GIS) layers of critical habitat and aquatic
resources mapped by the USFWS National Wetlands Inventory were also
reviewed (USFWS 2018a). An unofficial USFWS trust resource report was
generated for the BSA on February 15, 2018 (USFWS 2018b). An updated trust
resource report was generated on October 28, 2018 and is included in Appendix
A.
• National Oceanic and Atmospheric Administration Fisheries Service (NOAA
Fisheries), West Coast Region, California Species List Online Tool: An
official species list was received on March 16, 2018. An updated official species
list was received on October 28, 2018, and is included in Appendix A.
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 11
Natural Environment Study (Minimal Impacts)
The nine USGS quadrangles search covered a large, variable geographic and
topographic area containing several biological hot spots such as the Newport Back
Bay and the foothills of the Santa Ana Mountains, which contain habitat types not
found within or around the BSA. The following species identified in the CNDDB
records search are not included in Appendix A due to the lack of suitable habitat
within and surrounding the BSA: green sea turtle (Chelonia mydas), western tidal -flat
tiger beetle (Cicindela gabbii), sandy beach tiger beetle (Cicindela hirticollis
gravida), western beach tiger beetle (Cicindela latesignata latesignata), senile tiger
beetle (Cicindela senilis frosti), globose dune beetle (Coelus globosus), and
wandering saltmarsh skipper (Panoquina errans).
2.2.2. Field Reviews
General and focused field surveys were conducted in February and June 2018 to
characterize the biological and aquatic resources occurring on the Project site and to
ascertain the presence or absence of sensitive plants and animals or the likelihood of
their occurrence in the BSA.
Specific field surveys included: (1) a general reconnaissance -level biological
resources survey and habitat assessment, (2) a jurisdictional delineation survey, (3) a
daytime bat habitat suitability assessment, and (4) a nighttime bat emergence survey
conducted during the typical bat maternity roosting season. The methods used during
each of these survey efforts are described in the following sections.
2.2.3. Survey Methods
2.2.3.1. BIOLOGICAL RESOURCES SURVEY AND HABITAT ASSESSMENT
A general reconnaissance -level biological resources survey and habitat assessment
was conducted by walking throughout the BSA (Figure 2). The areas directly
accessed included areas within the public right-of-way and where permission to enter
was granted (e.g., the Santa Ana River). During the course of the survey, the BSA
was assessed for the presence of sensitive plant species, vegetation communities,
wildlife, and the suitability/quality of habitat. A list of all plant and wildlife species
observed or otherwise detected during the surveys is included in Appendix B.
Appendix C contains representative site photos taken during the survey.
Plant communities and land cover types were determined in general accordance with
categories set forth in the Orange County Habitat Classification System (Gray and
Bramlet 1992). This system was developed by the County of Orange and is based on
the 1986 Preliminary Description of the Terrestrial Natural Communities of
California by Robert Holland, with some revisions to more clearly define Orange
................................................................................................................................................ .
12 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
County habitats and other land cover types. Vegetation communities and land cover
types within the BSA were assessed in the field, and a 1 "=100' scale aerial
photograph was used to provide locational references.
2.2.3.2. JURISDICTIONAL DELINEATION
Areas of potential jurisdiction were evaluated according to the most current USACE
and CDFW regulatory criteria and guidance for the region (USACE 2008a, 2008b,
1992, 1991; Supreme Court of the United States 2006; RWQCB 2004). The
boundaries of the potential jurisdictional areas within the BSA were observed in the
field and mapped on an aerial photograph (1 " = 100' scale). Measurements of federal
and State jurisdictional areas mapped during the course of the field investigation were
determined by a combination of direct measurements taken in the field and
measurements taken from the aerial photograph. Appendix D, Jurisdictional
Delineation Report, provides further details regarding this survey effort.
2.2.3.3. DAYTIME BAT HABITAT SUITABILITY ASSESSMENT
A daytime bat habitat suitability assessment was conducted to determine whether
suitable bat roosting habitat is present in the Fairview Street bridge and immediate
vicinity. A 300 ft buffer surrounding the bridge was included because of the potential
for indirect impacts from Project -related lighting and/or noise.
During the bat habitat assessment, the underside of the bridge structure was accessed
on foot and examined to locate any potential bat roosting sites as well as evaluate the
potential for bat foraging and roosting activity in the vicinity of the structure.
Potential bat roosting sites were identified by examining the bridge for any structural
features (e.g., crevices or recessed spaces) that may be suitable for use as day- or
night -roosting habitat. Once identified, these areas were examined with a high-
powered spotlight for the presence of bats or bat sign (e.g., guano, urine staining, or
vocalizations) that would indicate current or past use of that feature by roosting bats.
Because the presence of adjacent foraging habitat increases the desirability of a
structure as a potential roost site, potential foraging habitat was also assessed within
and immediately adjacent to the structures on the basis of vegetation composition,
presence of water, connectivity to other areas providing suitable foraging or roosting
habitat, and accessibility.
2.2.3.4. NIGHTTIME BAT EMERGENCE SURVEY
The presence or absence of bat maternity colonies could not be confirmed during the
daytime bat habitat suitability assessment because the structures were examined
outside the bat maternity season (April 1—August 31). Therefore, a nighttime
............................................................................................................................................... .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 13
Natural Environment Study (Minimal Impacts)
emergence survey was conducted on June 15, 2018, in order to determine whether the
roosting features identified during the habitat assessment are occupied by special -
status bat species or bat colonies.
The survey was initiated one-half hour before sunset and continued until one full hour
after sunset. Observers were stationed at vantage points in positions that would
optimize visibility of any bats that may exit or enter the roost feature(s) being
surveyed, and to correlate the acoustic data recorded with visual observations.
Acoustic detectors were placed in locations where they could record any bats
emerging from adjacent roost features as well as to detect foraging bats.
2.3. Personnel and Survey Dates
Table 1 provides the survey types, dates, and personnel involved during the survey
efforts.
Table 1: Survey Data
Survey Type
Survey Date(s)
Survey Personnel
General Biological Resources
Survey and Habitat Assessment
February 20, 2018
Bo Gould and Lonnie Rodriguez
Jurisdictional Delineation
February 20, 2018
Lonnie Rodriguez and Bo Gould
Daytime Bat Habitat Suitability
Assessment
February 13, 2018
Jill Carpenter and Heather Monteleone
Nighttime Bat Emergence Survey
June 15, 2018
Jill Carpenter, Heather Monteleone,
Lonnie Rodriguez, and Bo Gould
2.4. Agency Coordination and Professional Contacts
No resource agency coordination has occurred to date. No USFWS coordination
beyond the IPaC trust resource report is anticipated because there is no habitat for
listed species in the BSA. Impacts to potentially jurisdictional waters located within
the BSA (e.g., the Santa Ana River channel) would be within the allowable
parameters of the USACE Nationwide Permit Program. Future coordination with the
USACE, CDFW, and RWQCB would occur due to proposed work in the Santa Ana
River channel, which is a known jurisdictional waterway.
2.5. Limitations That May Influence Results
The collection of biological field data is normally subject to environmental factors
that cannot be controlled or reliably predicted. Consequently, the interpretation of
field data must be conservative and consider the uncertainties and limitations
necessarily imposed by the environment. However, due to the experience and
qualifications of the consulting biologists involved in the surveys and the lack of
................................................................................................................................................ .
14 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
native habitat in the BSA, this limitation is not expected to severely influence the
results or substantially alter the findings.
Although information was gathered from the entire BSA, Project effects discussed in
this report are considered for biological resources that fall within the Project footprint
and in adjacent areas that may be directly or indirectly affected by the Project.
3. Results: Environmental Setting
3.1. Description of the Existing Biological and Physical
Conditions
3.1.1. Study Area
The BSA is located on the Anaheim, California 7.5-minute series USGS topographic
map (Figure 1). Figure 2 shows the limits of the BSA and provides an aerial view of
the Project Area.
The BSA is located in Santa Ana in Orange County along North Fairview Street
between West Civic Center Drive and West 17th Street. The 27.32-acre (ac) BSA
(shown on Figure 2) encompasses the Project direct impact areas (temporary and
permanent) as well as a buffer area to account for any potential proximity effects
(e.g., noise, vibration, dust, or lighting) that may occur outside the direct impact
areas.
3.1.2. Physical Conditions
The BSA is almost entirely developed with residential, commercial, and
transportation uses. Vegetation within the BSA primarily consists of ornamental trees
and shrubs, lawns, and several disturbed and barren areas. Fairview Triangle contains
ornamentally planted native trees and shrubs, and is located in the central portion of
the BSA adjacent to the Santa Ana River.
Elevations range from approximately 80 to 95 ft above mean sea level (amsl) across
the entire BSA. The topography of the BSA gently slopes downhill from east to west.
The climate is classified as Mediterranean (i.e., and climate with hot, dry summers
and moderately mild, wet winters), with the average annual precipitation being 13.6
inches. Although most of the precipitation occurs from November through March,
thunderstorms may occur at other times of the year and can cause high precipitation
rates. On average, monthly high temperatures range between 69 degrees Fahrenheit
(°F) and 85°F, and monthly low temperatures range between 46°F and 64°F.
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 15
Natural Environment Study (Minimal Impacts)
The Project is located within the Santa Ana River Watershed, which covers an area of
approximately 210 square miles in Orange County. The headwaters of the entire
2,650-square-mile Santa Ana River Watershed begin in the San Bernardino
Mountains and cross Riverside and Orange Counties before ultimately entering the
Pacific Ocean. Flows within the Santa Ana River can be attributed to storm water
runoff, urban runoff, and treated wastewater.
3.1.3. Biological Conditions in the Study Area
The primary vegetation/land cover type in the BSA is classified as developed with
four subtypes, including flood control channels, transportation, ornamental
landscaping, and disturbed or barren. The BSA is located within urban portions of
Santa Ana with no connection to undisturbed or natural lands.
3.1.3.1. FLOOD CONTROL CHANNELS
As discussed in the corresponding Jurisdictional Delineation Report (Appendix D),
the existing Fairview Street bridge crosses over the Santa Ana River, which has been
channelized and lined with concrete within the BSA for flood control purposes.
3.1.3.2. TRANSPORTATION
A large portion of the BSA consists of North Fairview Street and adjacent residential
streets. A portion of the SART that crosses under Fairview Street bridge is also
located within the BSA.
3.1.3.3. ORNAMENTAL LANDSCAPING
All vegetation within the BSA is ornamentally planted and consists primarily of street
trees, ornamental shrubs, and turf grass lawns. As previously mentioned, Fairview
Triangle is located in the central portion of the BSA adjacent to the Santa Ana River
and contains ornamentally planted native trees and shrubs. All vegetation within the
BSA appears to be regularly maintained.
3.1.3.4. DISTURBED OR BARREN
Several areas within the BSA along the SART are classified as disturbed or barren,
with bare ground and sparse ruderal/weedy vegetation cover. The weeds in these
areas appear to be regularly maintained as part of maintenance work along the SART.
3.1.4. Habitat Connectivity
The highly developed nature of the BSA presents various impediments to wildlife
movement, including roads, walls, fences, buildings, and lack of vegetative cover.
Furthermore, there are no large open space areas or designated significant ecological
................................................................................................................................................ .
16 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
areas in proximity to the BSA. Mammals such as coyote, raccoon, opossum, and
skunk have adapted to densely developed urban environments and may utilize the
Santa Ana River as a movement corridor; however, the lack of vegetative cover
within the concrete channel and high level of anthropogenic disturbance may limit
use. Mature ornamental trees may serve as habitat linkages for urban -tolerant bird
species.
3.1.5. Regional Species and Habitats and Natural Communities of
Concern
3.1.5.1. REGIONAL SPECIES
An unofficial USFWS list of threatened, endangered, and proposed species,
designated critical habitat, and candidate species that may occur within the vicinity of
the BSA was obtained in February 2018 (Appendix A). An official NOAA Fisheries
list was also obtained in March 2018. These lists contain three species (one plant and
two wildlife species) that are federally and/or State -listed as endangered or
threatened: Ventura marsh milk -vetch (Astragalus pycnostachyus var. lanosissimus),
coastal California gnatcatcher (Polioptila californica californica), and Southern
California steelhead trout (Oncorhynchus mykiss irideus; distinct population segment
[DPS]). None of these species are expected to occur within the BSA or to be affected
by the Project.
Nine non -listed special -status species have historical records within approximately 3
miles (mi) of the BSA, with the majority of records being over 70 years old (CDFW
2018). Of the special -status species identified in the literature review, only one was
observed in the BSA during the field surveys (Cooper's hawk [Accipiter cooperii]).
Tables 2a and 2b provide respective summaries of the special -status plant and wildlife
species that were identified in the literature review as potentially occurring in the
general Project Vicinity, their habitat requirements, and rationale regarding their
potential to occur within the BSA.
3.1.5.2. HABITATS
USFWS and CNDDB records show no critical habitat or other special -status habitats
occurring within or adjacent to the BSA. There are no natural vegetation communities
or wetlands occurring within the BSA.
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 17
Natural Environment Study (Minimal Impacts)
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status
General Habitat Description
Habitat
Present/Absent
Rationale
chaparral sand-
Abronia villosa var.
US: -
Annual herb. Occurs on sandy soils in
HA
There is one historical occurrence in the
verbena
aurita
CA: S2
chaparral, coastal scrub, and desert
vicinity of the BSA, but the population is
CNPS: 1 B.1
dune habitats between 75 and 1600
presumed to be extirpated (CNDDB
meters in elevation.
1924). Suitable habitat does not occur
within the BSA.
aphanisma
Aphanisma blitoides
US: —
Sandy or clay soils on slopes or bluffs
HA
There are no known occurrences in the
CA: S2
near the ocean, usually in coastal bluff
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
scrub, coastal dunes, or coastal scrub,
does not occur within the BSA.
below 305 meters in elevation.
Ventura marsh
Astraga/us
US: FE
Perennial herb. Occurs in coastal
HA
This perennial herb was not observed
milk -vetch
pycnostachyus var.
CA: SE
dunes, coastal scrub, marshes and
during the site survey, and suitable
lanosissimus
CNPS: 1 B.1
swamps (edges, coastal salt or
habitat does not occur within the BSA.
brackish) up to 35 meters in elevation.
Coulter's saltbush
Atriplex coulteri
US: -
Perennial herb. Occurs on alkaline or
HA
This perennial herb was not observed
CA: S1/S2
clay soils in coastal dune, coastal scrub,
during the site survey, and suitable
CNPS: 1 B.2
and valley and foothill grassland
habitat does not occur within the BSA.
habitats up to 460 meters in elevation.
south coast
Atriplex pacifica
US: —
Annual herb. Found in alkaline soils in
HA
There are no known occurrences in the
saltscale
CA: S2
coastal scrub, coastal dunes, coastal
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
playas, and coastal bluff scrub habitats
does not occur within the BSA.
below 140 meters in elevation.
Parish's brittlescale
Atriplex parishii
US: -
Annual herb. Occurs on alkaline soils in
HA
There are no known occurrences in the
CA: S1
playas, vernal pools, and chenopod
vicinity of the BSA and suitable habitat
CNPS: 1 B.1
scrub habitats between 25 meters and
does not occur within the BSA.
1,900 meters in elevation.
Davidson's
Atriplex serenana
US: -
Annual herb. Found on alkaline soils in
HA
There are no known occurrences in the
saltscale
var. davidsonii
CA: S1
coastal bluff scrub and coastal scrub up
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
to 200 meters in elevation.
does not occur within the BSA.
intermediate
Calochortus weedii
US: -
Perennial bulbiferous herb. Occurs in
HA
There are no known occurrences in the
mariposa lily
var. intermedius
CA: S2
chaparral, coastal scrub, and valley and
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
foothill grassland. Often in dry, rocky
does not occur within the BSA.
soils. From 120 to 855 meters in
elevation.
18 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status
General Habitat Description
Habitat
Present/Absent
Rationale
lucky morning-glory
Calystegia felix
US: -
Annual rhizomatous herb. Occurs in
HA
There are no known occurrences in the
CA: S1
meadows, seeps, and alluvial riparian
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
scrub habitats (sometimes alkaline
does not occur within the BSA.
soils) up to 215 meters in elevation.
Lewis' evening-
Camissoniopsis
US: -
Annual herb. Occurs on sandy and clay
HA
There are no known occurrences in the
primrose
lewisii
CA: S4
soils in coastal scrub, cismontane
vicinity of the BSA, and suitable habitat
CNPS: 3
woodland, and grassland habitats up to
does not occur within the BSA.
300 meters in elevation.
southern tarplant
Centromadia parryi
US: -
Annual herb. Occurs in vernal pools,
HA
There are no known occurrences in the
ssp. australis
CA: S2
margins of marshes and swamps, and
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
vernally mesic valley and foothill
does not occur within the BSA.
grasslands, sometimes with saltgrass
on alkaline soils. Up to 427 meters in
elevation.
salt marsh bird's-
Chloropyron
US: FE
Annual herb (hem iparasitic). Occurs in
HA
There are no known occurrences in the
beak
maritimum ssp.
CA: CE
coastal dune and salt marsh habitats
vicinity of the BSA, and suitable habitat
maritimum
CNPS: 1 B.2
between 0 meter and 30 meters in
does not occur within the BSA.
elevation.
San Fernando
Chorizanthe parryi
US: FC
Annual herb. Occurs in sandy soils
HA
Presumed extirpated from most of
Valley spineflower
var. fernandina
CA: CE
within coastal scrub and grassland
Orange County. Suitable habitat does
CNPS: 1 B.1
habitats between 150 meters and 1,220
not occur within the BSA.
meters in elevation.
many -stemmed
Dudleya multicaulis
US: -
Perennial herb. Occurs in chaparral,
HA
This perennial herb was not observed
dudleya
CA: S2
coastal scrub, and valley and foothill
during the site survey. Suitable habitat
CNPS: 1 B.2
grassland usually in heavy, often clayey
does not occur within the BSA.
soils. Up to 722 meters in elevation.
Laguna beach
Dudleya stolonifera
US: FT
Perennial herb. Rocky areas (generally
HA
This perennial herb was not observed
dudleya
CA: CT
north -facing sandstone cliffs) up to 260
during the site survey. Suitable habitat
CNPS: 1 B.1
meters in elevation. Known only from
does not occur within the BSA.
Orange County, California, near Laguna
Beach, with most occurrences in
La una Can on west of SR-73.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 19
Natural Environment Study (Minimal Impacts)
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status
General Habitat Description
Habitat
Present/Absent
Rationale
Santa Ana River
Eriastrum
US: FE
Perennial herb. Occurs on sandy
HA
Presumed extirpated from Orange
woollystar
densifolium ssp.
CA: CE
substrates within chaparral and alluvial
County. Suitable habitat does not occur
sanctorum
CNPS: 1 B.1
fan scrub habitats between 91 meters
within the BSA.
and 610 meters in elevation.
San Diego button-
Eryngium
US: -
Annual/perennial herb. Occurs in
HA
There are no known occurrences in the
celery
aristulatum var.
CA: S1
coastal scrub, valley and foothill
vicinity of the BSA, and suitable habitat
parishii
CNPS: 1 B.1
grassland, and vernal pools between 65
does not occur within the BSA.
meters and 620 meters in elevation.
Los Angeles
Helianthus nuttallii
US: -
Perennial rhizomatous herb. Occurs in
HA
There are no known occurrences in the
sunflower
ssp. parishii
CA: SH
marshes and swamps (coastal salt and
vicinity of the BSA, and suitable habitat
CNPS: 1A
freshwater) between 10 meters and
does not occur within the BSA. Species
1,525 meters elevation.
is presumed extinct.
smooth tarplant
Hemizonia pungens
US: -
Annual herb. Occurs on alkaline
HA
There are no known occurrences in the
ssp. laevis
CA: S2
substrates within chenopod scrub,
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
meadows and seeps, playas, riparian
does not occur within the BSA.
woodland, and grassland habitat up to
640 meters in elevation.
vernal barley
Hordeum
US:
Annual herb. Occurs in coastal dunes,
HA
There are no known occurrences in the
intercedens
CA: S3/S4
coastal scrub, Valley and foothill
vicinity of the BSA, and suitable habitat
CNPS: 3.2
grassland (saline flats and
does not occur within the BSA.
depressions), and vernal pools between
5 meters and 1,000 meters in elevation.
decumbent
Isocoma menziesii
US: -
Perennial shrub. Occurs in chaparral,
HA
This perennial shrub was not observed
goldenbush
var. decumbens
CA: S2
coastal scrub (sandy, often in disturbed
during the site survey. Suitable habitat
CNPS: 1 B.2
areas) between 10 meters and 135
does not occur within the BSA.
meters in elevation.
Coulter's goldfields
Lasthenia glabrata
US: -
Annual herb. Occurs in marshes and
HA
There are no known occurrences in the
ssp. coulteri
CA: S2
swamps, playas, and vernal pools up to
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
1,220 meters in elevation.
does not occur within the BSA.
mud nama
Nama stenocarpa
US: -
Annual/perennial herb. Occurs in
HA
There are no known occurrences in the
CA: S1/S2
marshes and swamps (lake margins,
vicinity of the BSA, and suitable habitat
CNPS: 2B.2
riverbanks) between 5 meters and 500
does not occur within the BSA.
meters in elevation.
20 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status
General Habitat Description
Habitat
Present/Absent
Rationale
Gambel's water
Nasturtium gambelii
US: FE
Perennial rhizomatous herb. Occurs in
HA
There is one historical occurrence in the
cress
CA: CT
marshes and swamps (freshwater or
vicinity of the BSA, but the population is
CNPS: 1B.1
brackish) between 5 meters and 330
presumed to be extirpated (CNDDB
meters in elevation.
1927). Suitable habitat does not occur
within the BSA.
prostrate vernal
Navarretia prostrata
US: -
Annual herb. Occurs on mesic soils in
HA
There are no known occurrences in the
pool navarretia
CA: S2
coastal scrub, meadows and seeps,
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
vernal pools, and valley and foothill
does not occur within the BSA.
grassland habitats between 3 meters
and 1,210 meters in elevation.
coast woolly -heads
Nemacaulis
US: -
Annual herb. Occurs in coastal dunes
HA
There are no known occurrences in the
denudate var.
CA: S2
between 0 meter and 100 meters in
vicinity of the BSA, and suitable habitat
denudate
CNPS: 1 B.2
elevation.
does not occur within the BSA.
California Orcutt
Orcuttia californica
US: FE
Annual herb. Occurs in vernal pool
HA
There are no known occurrences in the
grass
CA: CE
habitats between 15 meters and 660
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
meters in elevation.
does not occur within the BSA.
south coast
Phacelia
US:
Perennial herb. Usually occurs on
HA
This perennial herb was not observed
branching phacelia
ramosissima
CA: S3
sandy substrates within chaparral and
during the site survey, and suitable
var. austrolitoralis
CNPS: 3.2
coastal scrub, dune, and marsh habitats
habitat does not occur within the BSA.
up to 300 meters in elevation.
Allen's pentachaeta
Pentachaeta aurea
US: -
Annual herb. Occurs in chaparral and
HA
There are no known occurrences in the
ssp. allenii
CA: S1
coastal scrub openings and valley
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
grassland habitats from 75 meters to
does not occur within the BSA.
520 meters in elevation.
Brand's star
Phacelia stellaris
US: -
Annual herb. Occurs in coastal dune
HA
There are no known occurrences in the
phacelia
CA: S1
and coastal scrub habitats up to 400
vicinity of the BSA, and suitable habitat
CNPS: 1 B.1
meters in elevation.
does not occur within the BSA.
Sanford's
Sagittaria sanfordii
US: -
Perennial rhizomatous herb (emergent).
HA
There are no known occurrences in the
arrowhead
CA: S3
Occurs in marshes and swamps
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
(assorted shallow freshwater) from 0
does not occur within the BSA.
meter to 650 meters in elevation.
chaparral ragwort
Senecio aphanactis
US: -
Annual herb. Occurs in chaparral,
HA
There are no known occurrences in the
CA: S2
coastal scrub, and cismontane
vicinity of the BSA, and suitable habitat
CNPS: 2B.2
woodland habitats up to 800 meters in
does not occur within the BSA.
elevation.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 21
Natural Environment Study (Minimal Impacts)
Table 2a: Listed, Proposed, and Special -Status Plant Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status
General Habitat Description
Habitat
Present/Absent
Rationale
salt spring
Sidalcea
US: -
Perennial herb found in alkaline and
HA
There are no known occurrences in the
checkerbloom
neomexicana
CA: S2
mesic soils within chaparral, coastal
vicinity of the BSA, and suitable habitat
CNPS: 2B.2
scrub, lower montane coniferous forest,
does not occur within the BSA.
Mojavean desert scrub, and playas from
15 meters to 1530 meters in elevation.
estuary seablite
Suaeda esteroa
US: -
Perennial herb found in coastal
HA
There are no known occurrences in the
CA: S2
marshes and swamps up to 5 meters in
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
elevation.
does not occur within the BSA.
San Bernardino
Symphyotrichum
US: -
Perennial rhizomatous herb. Occurs
HA
There are no known occurrences in the
aster
defoliatum
CA: S2
near ditches, springs, and streams in
vicinity of the BSA, and suitable habitat
CNPS: 1 B.2
cismontane woodland, coastal scrub,
does not occur within the BSA.
lower montane coniferous forest,
meadows and seeps, mashes and
swamps, and grasslands between 2
meters and 2,040 meters in elevation.
Status:
CCS = NCCP Conditionally Covered Species
CE = California Endangered
CFP = California Fully Protected Species
CSA = California Special Animal
CSP = California Special Plant
CT = California Threatened
FC = Federal Candidate
FD = Federal Delisted
FE = Federal Endangered
FP, FIDE, FPT = Federal Proposed
FT = Federal Threatened
IS = NCCP Identified Species
S1 = Critically Imperiled
S2 = Imperiled
S3 = Vulnerable
S4 = Apparently Secure
SH = Historical Records
SSC = California Species of Special Concern
TS = NCCP Target Species
CNPS Designations:
1 B = Rare threatened, or endangered in California and elsewhere
2B = Rare, threatened, or endangered in California, but not elsewhere
3 = Not very endangered in California
4 = Plants of Limited Distribution — Watch List
Abbreviation/Acronym Definitions:
BSA = Biological Study Area
CA = California
CNPS = California Native Plant Society
NCCP = Natural Communities Conservation Plan
SR-73 = State Route 73
US = United States
22 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
INVERTEBRATES
crotch bumble bee
Bombus crotchii
US: -
Found from coastal California east to
HA
There is a historical occurrence record
CA: CSA
the Sierra -Cascade crest and south into
in the vicinity of the BSA (CNDDB
Mexico. Feeds on Antirrhinum ssp.,
1942), but most suitable habitat
Phacelia ssp., Clarkia ssp.,
containing food plant species has been
Dendromecon ssp., Eschscholzia ssp.,
developed and the species is likely
and Eriogonum ssp.
extirpated from the area.
San Diego fairy
Branchinecta
US: FE
Endemic to vernal pools in Orange and
HA
There are no known occurrences in the
shrimp
sandiegonensis
CA: -
San Diego Counties. Usually appears in
vicinity of the BSA, and suitable habitat
late fall, winter, and spring when rains
does not occur within the BSA.
fill the small, shallow, seasonal pools.
monarch butterfly
Danaus plexippus
US: -
Winter roost sites extend along the
HA
There are no known occurrences in the
(California
CA: CSA
coast from northern Mendocino to Baja
vicinity of the BSA, and suitable habitat
overwintering
California, Mexico. Roosts located in
does not occur within the BSA.
population)
wind -protected tree groves (e.g.,
eucalyptus, Monterey pine, cypress)
with nectar and water sources nearby.
AMPHIBIANS
western spadefoot
Spea hammondii
US: -
Occurs primarily in grassland and other
HA
There are no known occurrences in the
CA: SSC
relatively open habitats. Found in
vicinity of the BSA, and suitable habitat
elevations ranging from sea level to
does not occur within the BSA.
4,500 feet. Requires temporary pools
for breeding.
REPTILES
southern California
Anniella stebbinsi
US: -
Occurs in coastal sand dunes, sandy
HA
There are no known occurrences in the
legless lizard
CA: SSC
washes, and alluvial fans. Prefers moist
vicinity of the BSA, and suitable habitat
warm loose soil with plant cover.
does not occur within the BSA.
Moisture is essential.
orange -throated
Aspidoscelis
US: -
Inhabits low -elevation coastal scrub,
HA
There are no known occurrences in the
whiptail
hyperythra
CA: CSA
chaparral, and valley hardwood
vicinity of the BSA, and suitable habitat
habitats. Prefers washes and other
does not occur within the BSA.
sandy areas with patches of brush and
rocks. Perennial plants necessary for its
major food, termites.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 23
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
coastal whiptail
Aspidoscelis tigris
US: -
Occurs in deserts and semiarid areas
HA
There are no known occurrences in the
stejneged
CA: SSC
with sparse vegetation. Often found in
vicinity of the BSA, and suitable habitat
woodland and riparian areas.
does not occur within the BSA.
red diamond
Crotalus ruber
US: -
Associated with chaparral, woodland,
HA
There are no known occurrences in the
rattlesnake
CA: SSC
grassland, and desert communities from
vicinity of the BSA, and suitable habitat
Los Angeles County to Baja California
does not occur within the BSA.
Sur. Prefers rocky areas with dense
vegetation. Needs rodent burrows,
cracks in rocks, or surface cover objects
for shelter.
western pond turtle
Emys marmorata
US: -
Occurs in a variety of habitats, including
HA
There are no known occurrences in the
CA: SSC
woodland, grassland, and open forest.
vicinity of the BSA, and suitable habitat
Thoroughly aquatic, existing in
does not occur within the BSA.
good -quality ponds, marshes, rivers,
streams, and irrigation ditches that have
rocky or muddy bottoms. Requires
basking sites such as partially
submerged logs, vegetation mats, or
open mud banks.
coast horned lizard
Phrynosoma
US: -
Occurs in CSS, open chaparral, riparian
HA
There are no known occurrences in the
blainvillii
CA: SSC
woodland, and annual grassland
vicinity of the BSA, and suitable habitat
habitats that support adequate prey
does not occur within the BSA.
species.
coast patch -nosed
Salvadora hexalepis
US: -
Occurs in semi -arid brushy habitats
HA
There are no known occurrences in the
snake
virgultea
CA: SSC
(CSS), chaparral, rocky hillsides, and
vicinity of the BSA, and suitable habitat
plains.
does not occur within the BSA.
BIRDS
Cooper's hawk
Accipiter cooperii
US: -
Nests in a wide variety of woodland and
HP
The species was observed foraging over
(nesting)
CA: CSA
forest habitats.
the BSA and perching on nearby trees
during the February 20, 2018 site
survey. Suitable nesting habitat (mature
trees) is limited in the BSA.
24 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
tricolored blackbird
Agelaius tricolor
US: -
Highly colonial nester largely endemic
HA
There are no known occurrences in the
(nesting colony)
CA: SSC
to California. Most numerous in the
vicinity of the BSA, and suitable habitat
Central Valley and vicinity. Requires
does not occur within the BSA.
open water, protected nesting substrate,
and a foraging area with insect prey
within a few kilometers of the colony.
Southern California
Aimophila ruficeps
US: -
Resident in Southern California CSS
HA
There are no known occurrences in the
rufous -crowned
canescens
CA: CSA
and sparse mixed chaparral. Frequents
vicinity of the BSA, and suitable habitat
sparrow
relatively steep, often rocky hillsides
does not occur within the BSA.
with rass and forb patches.
grasshopper
Ammodramus
US: -
Occurs in dense grasslands, preferring
HA
There are no known occurrences in the
sparrow (nesting)
savannarum
CA: SSC
native grasslands with a mixture of forbs
vicinity of the BSA, and suitable habitat
and shrubs.
does not occur within the BSA.
Great blue heron
Ardea herodias
US: -
Found in freshwater and saltwater
HA
While individuals may forage along the
(nesting colony)
CA: CSA
marsh habitats. Also forages in
Santa Ana River, suitable nesting colony
grasslands and agricultural fields. Most
habitat is absent in the BSA.
breeding colonies are located near
feeding areas, often in isolated swamps
or on islands, and near lakes and ponds
bordered by forests.
long-eared owl
Asio otus
US: -
Occurs in dense coniferous or
HA
There are no known occurrences in the
CA: SSC
deciduous forest habitats, often near
vicinity of the BSA, and suitable habitat
more open foraging habitat.
does not occur within the BSA.
burrowing owl
Athene cunicularia
US: -
Burrows in open, dry, annual or
HA
There are no known occurrences in the
(burrow sites and
CA: SSC
perennial grasslands, deserts, and
general vicinity of the BSA, and suitable
some wintering
scrublands characterized by
habitat does not occur within the BSA.
sites)
low -growing vegetation. Subterranean
No small mammal burrows were
nester, dependent on burrowing
observed within one vacant lot located
mammals, most notably the California
partially within the BSA.
rounds uirre1.
ferruginous hawk
Buteo regalis
US: -
Found in open country in western North
HA
There are no known occurrences in the
(wintering)
CA: CSA
America; migrates north to Canada in
vicinity of the BSA, and suitable habitat
summer and south to Mexico in winter.
does not occur within the BSA.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 25
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
Swainson's hawk
Buteo swainsoni
US: -
Found in open habitats (e.g.,
HA
There are no known occurrences in the
CA: CT
grasslands, sage flats and prairies) in
vicinity of the BSA, and suitable habitat
western North America; migrates south
does not occur within the BSA.
to Argentina during the winter.
coastal cactus wren
Campylorhynchus
US: -
Occurs in CSS habitats. Requires tall
HA
There are no known occurrences in the
(San Diego and
brunneicapillus
CA: SSC
Opuntia cactus for nesting and roosting.
vicinity of the BSA, and suitable habitat
Orange counties
sandiegensis
does not occur within the BSA.
only)
western snowy
Charadrius
US: FT
Occurs on barren to sparsely vegetated
HA
There are no known occurrences in the
plover
alexandrinus
CA: SSC
sand beaches, dry salt flats in lagoons,
vicinity of the BSA, and suitable habitat
nivosus
dredge spoils deposited on beach or
does not occur within the BSA.
dune habitat, levees and flats at salt -
evaporation ponds, river bars, along
alkaline or saline lakes, reservoirs, and
ponds.
western yellow-
Coccyzus
US: FT
Nests in expansive riparian forest
HA
There is one historical (nonspecific)
billed cuckoo
americanus
CA: CE
habitats along the broad lower flood-
occurrence record in the general vicinity
(nesting)
occidentalis
bottoms of larger river systems. Nests in
of the BSA, although the species is
riparian jungles of willow, often mixed
presumed extirpated from this area
with cottonwoods with understory of
(CNDDB 1918). Suitable habitat does
black ber ,nettle, or grape.
not occur within the BSA.
yellow rail
Coturnicops
US: -
Occurs in shallow marshes and wet
HA
There are no known occurrences in the
noveboracensis
CA: SSC
meadows. During winter, may occupy
vicinity of the BSA, and suitable habitat
drier freshwater and brackish marshes
does not occur within the BSA.
as well as dense, deep grass and rice
fields.
white-tailed kite
Elanus leucurus
US: -
Breeds in riparian trees such as oaks,
HA
There are no known occurrences in the
CA: FP
willows, and cottonwoods in
vicinity of the BSA, and suitable nesting
lower -elevation areas, particularly
habitat does not occur within the BSA.
coastal valleys and plains. Forages in
Suitable foraging habitat is limited within
open areas and grasslands.
the BSA.
southwestern willow
Empidonax traillii
US: FE
Occurs in relatively dense riparian tree
HA
There are no known occurrences in the
flycatcher
extimus
CA: CE
and shrub communities associated with
vicinity of the BSA, and suitable nesting
rivers, swamps, and other wetlands,
habitat does not occur within the BSA.
including lakes and reservoirs.
26 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
California horned
Eremophila alpestris
US: -
Occurs in open grasslands, farmlands,
HP
There are no known occurrences in the
lark
actia
CA: CSA
prairies, airports, beaches, golf courses,
vicinity of the BSA, but some open areas
cemeteries, and parks.
within the BSA are considered
marginally suitable habitat for this
species.
American peregrine
Falco peregrinus
US: FD
Occurs in open habitats, usually near
HA
There is a nonspecific occurrence
falcon
anatum
CA: CFP
water. Generally requires cliffs, very tall
record in the general Project Vicinity
buildings, or similar situations for
(CNDDB 2015); however, suitable
nesting.
nesting habitat is absent from the BSA.
Suitable foraging habitat is limited within
the BSA.
yellow -breasted
Icteria virens
US: -
Summer breeding resident usually
HA
There are no known occurrences in the
chat
CA: SSC
found in dense riparian thickets,
vicinity of the BSA and suitable habitat
bramble bushes, clearcuts, powerline
does not occur within the BSA.
corridors, and shrubs along streams.
California black rail
Laterallus
US: -
Nests in tidal salt marshes, shallow
HA
There is one historical (nonspecific)
jamaicensis
CA: CT, CFP
freshwater marshes, wet meadows, and
occurrence record of a migrating
coturniculus
flooded grassy vegetation.
individual in the general Project Vicinity
(CNDDB 1896); however, there are no
recent occurrence records, and suitable
nestin habitat is absent from the BSA.
osprey
Pandion haliaetus
US: -
Occurs near sources of shallow, fish-
HA
There are no known occurrences in the
CA: CSA
filled water, including rivers, lakes,
general vicinity of the BSA, and suitable
reservoirs, lagoons, swamps, and
habitat is largely absent from the BSA.
marshes.
Belding's savannah
Passerculus
US: -
Found in open areas with low
HA
There are no known occurrences in the
sparrow
sandwichensis
CA: CE
vegetation, including most of northern
vicinity of the BSA, and suitable habitat
beldingii
North America from tundra to grassland,
does not occur within the BSA.
marsh, and farmland.
coastal California
Polioptila californica
US: FT
Obligate, permanent resident of coastal
HA
There are no known occurrences in the
gnatcatcher
CA: SSC
sage scrub habitats below 2,500 feet in
vicinity of the BSA, and suitable habitat
elevation in southern California.
does not occur within the BSA.
light-footed
Rallus longirostris
US: FE
Occurs in select coastal marsh habitats
HA
There are no known occurrences in the
Ridgway's rail
levipes
CA: CE, CFP
in Southern California.
vicinity of the BSA, and suitable habitat
does not occur within the BSA.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 27
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
bank swallow
Riparia
US: -
Occurs in low areas along rivers,
HA
There are no known occurrences in the
CA: CT
streams, ocean coasts, or reservoirs.
vicinity of the BSA, and suitable habitat
Nesting colonies require tall vertical
does not occur within the BSA.
cliffs, bluffs, or similar situations such as
sand/gravel quarries or road cuts.
black skimmer
Rynchops niger
US: -
Occurs on open sandy beaches, gravel
HA
There are no known occurrences in the
CA: SSC
or shell bars with sparse vegetation, or
vicinity of the BSA, and suitable habitat
along the margins of saltmarsh habitats.
does not occur within the BSA.
Occasionally found at inland lakes such
as the Salton Sea.
yellow warbler
Setophaga petechia
US: -
Requires habitats with riparian plant
HA
There are no known occurrences in the
CA: SSC
associations in close proximity to water.
vicinity of the BSA, and suitable habitat
Also nests in montane shrubbery in
does not occur within the BSA.
open conifer forests. Frequently found
nesting and foraging in willow shrubs
and thickets and in other riparian plants,
including cottonwoods.
California least tern
Sternula antillarum
US: FE
Nests on beaches, mudflats, and sand
HA
There are no known occurrences in the
browni
CA: CE, CFP
dunes, usually near shallow estuaries
vicinity of the BSA, and suitable habitat
and lagoons with access to the near
does not occur within the BSA.
open ocean. In southern California,
known breeding habitats include Seal
Beach, San Pedro Bay, Camp
Pendleton, and Ballona Creek.
least Bell's vireo
Vireo bellii pusillus
US: FE
Occurs in moist thickets and riparian
HA
There are no known occurrences in the
(nesting)
CA: CE
areas that are predominantly composed
vicinity of the BSA, and suitable nesting
of willow and mulefat.
habitat does not occur within the BSA.
MAMMALS
pallid bat
Antrozous pallidus
US: -
Varied habitats including grasslands,
HP
Known to frequently roost in bridges.
CA: SSC
shrublands, woodlands, deserts, and
Foraging habitat is present along the
forest. Primarily day roosts in bridges,
Santa Ana River in the BSA.
hollows or crevices of trees, or
buildings. Occasionally roosts in mines,
caves, and cliff/rock crevices.
28 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
Mexican
Choeronycteris
US: -
In California, occasionally found in San
HA
There are no known occurrences in the
long -tongued bat
mexicana
CA: SSC
Diego County. Feeds on nectar and
vicinity of the BSA, and the species is
pollen of night -blooming succulents.
not known in California outside of San
Roosts in relatively well -lit caves as well
Diego County.
as in and around buildings.
western mastiff bat
Eumops perotis
US: -
Inhabits many open, semi -arid to and
HP
There is a historical (nonspecific)
californicus
CA: SSC
habitats, including conifer and
occurrence record in the general vicinity
deciduous woodlands, coastal scrub,
of the BSA (CNDDB 1949). Although
grasslands, and chaparral communities.
only marginally suitable roosting habitat
Roosts in crevices in cliff faces, high
is present in the Fairview Street bridge,
buildings, trees, and tunnels.
some suitable foraging habitat is present
in the BSA, and this species is known to
forage over large distances from roost
sites.
silver -haired bat
Lasionycteris
US: -
Most commonly found in boreal or
HA
There are no known occurrences in the
noctivagans
CA: CSA
coniferous and deciduous forest near
general vicinity of the BSA, and suitable
bodies of water, such as rivers, lakes,
tree roosting habitat is largely absent
streams, estuaries or ponds. Forages
from the BSA.
over streams, ponds, and open brushy
areas. Roosts in hollow trees beneath
exfoliating bark, abandoned
woodpecker holes, and rarely under
rocks. Needs drinking water.
hoary bat
Lasiurus cinereus
US: -
Prefers open habitats or habitat
HP
There are no known occurrences in the
CA: CSA
mosaics with access to trees for cover
general vicinity of the BSA, but some
and open areas or habitat edges for
suitable roosting habitat (mature trees)
feeding. Roosts in dense foliage of
is present in the BSA. Foraging habitat
medium to large trees. Feeds primarily
is present along the Santa Ana River.
on moths. Requires water.
western yellow bat
Lasiurus xanthinus
US: —
Occurs in southern California in palm
HP
There are no known occurrences in the
CA: SSC
oases and in residential areas with
general vicinity of the BSA, but some
untrimmed palm trees. Roosts primarily
suitable roosting habitat (palm trees) is
in trees, especially the dead fronds of
present in the BSA. Foraging habitat is
palm trees. Forages over water and
present along the Santa Ana River.
among trees.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 29
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
San Diego black-
Lepus californicus
US: —
Occurs in a variety of habitats including
HA
Not expected. There are no known
tailed jackrabbit
bennettii
CA: SSC
open areas or semi -open country,
occurrences in the general vicinity of the
typically in grasslands, agricultural fields
BSA, and suitable habitat is largely
ors arse coastal scrub communities.
absent from the BSA.
south coast marsh
Microtus californicus
US: —
Inhabits tidal marsh habitats along
HA
Not expected. There are no known
vole
stephensi
CA: SSC
coastal southern California.
occurrences in the general vicinity of the
BSA, and suitable habitat does not
occur within the BSA.
Yuma myotis
Myotis yumanensis
US: -
Common and widespread in California.
HP
While not directly observed, suitable
CA: CSA
Found in a wide variety of habitats in
roosting habitat is present (Fairview
elevations ranging from sea level to
Street bridge hinges/crevices) and
11,000 feet. Optimal habitats are open
guano consistent with that from this
forests and woodlands with sources of
species was observed under the bridge.
water over which to feed.
pocketed free -tailed
Nyctinomops
US: —
Spotty distribution in California, ranging
HP
The species is very rare in Orange
bat
femorasacca
CA: SSC
from Southern California south to the
County, and the BSA is near the
Baja Peninsula, and through
northern limit of the species' known
southwestern Arizona to at least central
range. Some foraging habitat is present
Mexico. In California, typically found in
along the Santa Ana River, and this
rocky, desert areas with relatively high
species is known to forage over large
Cliffs.
distances from roost sites. Roosting in
BSA not expected.
big free -tailed bat
Nyctinomops
US: —
Inhabits low-lying and areas in Southern
HP
The species is very rare in Orange
macrotis
CA: SSC
California. Needs high cliffs or rocky
County, and the BSA is near the
outcrops for roosting sites. Feeds
northwestern limit of the species' known
principally on large moths.
range. Some foraging habitat is present
along the Santa Ana River, and this
species is known to forage over large
distances from roost sites. Roosting in
BSA not ex ected.
pacific pocket
Perognathus
US: FE
Inhabits friable soils along the narrow
HA
Not expected. There are no known
mouse
longimembris
CA: CE
coastal plains from the northern
occurrences in the general vicinity of the
pacificus
Mexican border to Los Angeles County.
BSA, and suitable habitat is largely
absent from the BSA.
30 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Table 2b: Listed, Proposed, and Special -Status Animal Species Potentially Occurring or Known to
Occur in the Vicinity of the BSA
Common Name
Scientific Name
Status Listing
General Habitat Description
Habitat
Present/Absent
Rationale
Southern California
Sorex ornatus
US: -
Occurs in select salt marsh and coastal
HA
Not expected. There are no known
saltmarsh shrew
salicornicus
CA: SSC
wetland habitats.
occurrences in the general vicinity of the
BSA, and suitable habitat does not
occur within the BSA.
American badger
Taxidea taxus
US: -
Most abundant in drier open stages of
HA
Not expected. There are no known
CA: SSC
most shrub, forest, and herbaceous
occurrences in the general vicinity of the
habitats with friable soils. Needs
BSA, and suitable habitat does not
sufficient food, friable soils, and open,
occur within the BSA.
uncultivated ground. Preys on
burrowing rodents. Digs burrows.
FISHES
Santa Ana sucker
Catostomus
US: FT
Found in select shallow streams with
HA
Not expected. There are no known
santaanae
CA: -
sand, gravel or cobble bottoms. Known
occurrences in the general vicinity of the
only from the Los Angeles, San Gabriel,
BSA, and suitable habitat does not
and upper Santa Ana River Basins in
occur within the BSA. Considered
Southern California.
extirpated from the Santa Ana River
within the BSA.
Southern California
Oncorhynchus
US: FE
Federal listing refers to naturally
HA
Considered extirpated from the Santa
steelhead (Distinct
mykiss irideus
CA: CSA
spawned anadromous O. mykiss
Ana River within the BSA due to
Population
(steelhead) originating below natural
modifications for flood control purposes
Segment)
and man-made impassable barriers
(e.g., concrete lining).
from the Santa Maria River to the U.S.-
Mexico Border.
Status:
CE = California Endangered
CFP = California Fully Protected Species
CSA = California Special Animal
CSP = California Special Plant
CT = California Threatened
FC = Federal Candidate
FD = Federal Delisted
FE = Federal Endangered
FP, FPE, FPT = Federal Proposed
FT = Federal Threatened
SSC = California Species of Special Concern
Abbreviation/Acronym Definitions:
BSA = Biological Study Area
CA = California
CSS = coastal sage scrub
HA = Habitat Absent
HP = Habitat Present
US = United States
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 31
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Day- and night -roosting habitats for several special -status bat species are present
within the Fairview Street bridge over the Santa Ana River. Although no bats were
observed day roosting within the structure during the daytime habitat assessment,
roosting activity was confirmed by the presence of guano beneath the hinge crevices.
Because the bat habitat suitability assessment was performed outside of the bat
maternity season, and given the suitability of the crevice habitat observed at this
structure for maternity roosting, a follow-up nighttime survey will need to be
performed at this location during the summer months (i.e., June —August) in order to
confirm whether this structure serves as a maternity roost and to determine the
numbers and species of any bats roosting there. No additional studies are required for
the Project.
4. Results: Biological Resources, Discussion of
Impacts and Mitigation
4.1. Habitats and Natural Communities of Special Concern
Habitats are considered to be of special concern based on: (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.
4.1.1. Discussion of Jurisdictional Waters
Section 404 of the CWA and Section 1602 of the California Fish and Game Code
regulate activities affecting resources under the jurisdiction of the USACE and the
CDFW, respectively. "Waters of the U.S." under the jurisdiction of the USACE
include navigable coastal and inland waters, lakes, rivers, and streams and their
tributaries; interstate waters and their tributaries; wetlands adjacent to such waters;
intermittent streams; and other waters that could affect interstate commerce.
The BSA contains one jurisdictional drainage feature (the Santa Ana River), as
discussed in further detail in the corresponding Jurisdictional Delineation Report
(Appendix D).
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32 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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4.1.1.1. SURVEY RESULTS
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
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 U.S.) 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 non -wetland USACE jurisdiction within the BSA is 4.18 ac.
Because there is no current publicly issued guidance on determining RWQCB
jurisdictional areas, jurisdiction was determined based on the federal definition of
waters of the U.S. as recommended by the State Water Resources Control Board's
Workplan: Filling the Gaps in Wetland Protection (2004). RWQCB jurisdiction is
considered coincident with USACE jurisdiction (4.18 ac) for purposes of CWA
Section 401 certification.
Under California Fish and Game Code Section 1602, the CDFW takes jurisdiction
over rivers, streams, and lakes. The State's jurisdiction generally includes the
streambed/lakebed to top of bank and to the outer edge of associated riparian
vegetation, where present. Within the BSA, California Fish and Game Code aquatic
resources extend beyond the OHWM to the top of bank within the trapezoidal
portions of the Santa Ana River. There is no associated riparian vegetation within the
BSA. The total acreage of potential CDFW streambed jurisdiction within the BSA is
5.55 ac.
4.1.1.2. PROJECT IMPACTS
The Project involves replacing the existing Fairview Street bridge with a wider
roadway bridge. As shown on Figure 3, eight existing pier walls within the river
banks (totaling approximately 0.09 ac) would be replaced with four new pier walls
(totaling approximately 0.05 ac) within delineated USACE/RWQCB and CDFW non -
wetland aquatic resources. The total proposed permanent fill is 0.05 ac for USACE/
RWQCB- and CDFW-delineated aquatic resources. Since the proposed support
structures are smaller in area than the existing support structures, a net increase in
channel capacity/waters of the U.S. would occur under the Project.
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 33
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34 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
LEGEND FIGURE 3
0 Biological Study Area (BSA) O Proposed Roadway Widening
Existing Pier Walls (0.09 acres total) Jurisdictional Delineation Limits
- Proposed Pier Walls (0.05 acres total) LJ Corps (4.18 acres)
z
® Potential Detour in River Q CDFW (5.55 acres)
0 68.75 137.5 Note: Potential bike detour
FEET footprint is approximate.
SOURCE: Bing (2016)
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Aquatic Resources
I:\WKE1702\GIS\AquaticResourcesZoom.mxd (8/8/2018)
Natural Environment Study (Minimal Impacts)
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36 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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Specifically, there would be a net decrease of 0.0175 ac of permanent fill within
delineated waters of the U.S., and a net decrease of 0.04 ac of permanent fill within
delineated CDFW aquatic resources.
As shown on Figure 3, a potential temporary bike detour route would be constructed
within the Santa Ana River channel. This potential detour route would be constructed
and deconstructed during dry -season work within the channel. The detour route
would have a dirt base with an asphalt surface, and would be entirely removed
following construction of the Project. Impacts associated with the potential bike
detour route shown on Figure 3 would amount to 0.11 ac of temporary fill within
delineated waters of the U.S. and 0.13 ac of temporary fill within delineated CDFW
aquatic resources. In addition, temporary fills associated with dewatering activities
and/or materials staging within the BSA will likely be required to complete the bridge
removal and replacement. Such temporary fills would not permanently reduce
channel capacity or result in the loss of aquatic resources. Indirect effects such as dust
and construction -related runoff are also possible, but such impacts would be
effectively avoided or minimized by implementing standard Best Management
Practices (BMPs) during construction.
Since work would be occurring within jurisdictional aquatic resources, resource
agency permits (USACE Section 404 Nationwide Permit authorization, CDFW
Section 1602 Streambed Alteration Agreement, and RWQCB Section 401 Water
Quality Certification) will likely be required for the Project. In addition, the Santa
Ana River is a USACE facility under Section 14 ("Section 408") of the Rivers and
Harbors Act of 1899, so Section 408 permission will also be required for the Project.
4.1.1.3. AVOIDANCE AND MINIMIZATION EFFORTS/COMPENSATORY
MITIGATION
No compensatory mitigation is required because the Project would not adversely
impact any jurisdictional wetlands, riparian areas, or waters of the U.S. A net increase
of channel capacity/waters of the U.S. would occur with implementation of the
Project. The Project would require compliance with all measures contained in any
applicable USACE, RWQCB, and/or CDFW permit.
In order to avoid impacts to aquatic resources within the Santa Ana River and adjacent
habitat areas, standard BMPs will be implemented to prevent loose soil or pollutants
associated with the Project from inadvertently entering the channel, as detailed in
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 37
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Measure BIO-1 below. Implementation of Measure BIO-1 will also prevent the spread
of invasive plant species that could degrade aquatic habitat areas.
BI0-1 Best Management Practices (BMPs) During Construction.
All equipment maintenance, staging, and dispensing of fuel, oil, or any
other such activities will occur in designated upland areas. The
designated upland areas will be located in such a manner as to prevent
any spill runoff from entering waters of the United States and other
jurisdictional waters. Silt fencing and straw wattle will be placed in
such a manner that they are able to catch or filter sediment or other
construction -related debris to prevent it from entering aquatic areas,
where necessary. All construction -related debris and trashed will be
disposed of or secured to prevent any such waste from entering aquatic
areas.
In order to prevent the spread of invasive species (EO 13112), any
plants removed or soil disturbed during the course of construction
should be contained and properly disposed off site. All mulch, topsoil,
seed mixes, or other plantings used during landscaping activities and
any erosion -control BMPs implemented will be free of invasive plant
species seeds or propagules. No vegetation listed on the Cal-IPC
inventory will be installed on the Project, and all plant palettes
proposed for the Project will be reviewed by a Qualified Biologist
during the Plans, Specifications, and Estimate (PS&E) phase.
4.1.2. Special -Status Plant Species
The plant species listed in Table 2a are considered to be of special concern based on:
(1) federal, State, or local laws regulating impacts to them; (2) limited distributions;
and/or (3) the presence of habitat required by the special -status plants occurring in the
vicinity of the BSA. One plant species (Ventura marsh milk -vetch), which is federally
and State -listed as endangered, was identified by the USFWS as potentially occurring
within the vicinity of the BSA. The CNDDB indicated three additional special -status
plant species (Gambel's water cress, salt spring checkerbloom, and chaparral sand -
verbena) with historical occurrences within 3 mi of the BSA. However, all of these
historical occurrences are presumed extirpated, and no suitable habitat for these plant
species occurs within the BSA.
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38 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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4.1.2.1. SURVEY RESULTS
No special -status plant species were observed or are expected to occur within the
BSA due to a lack of suitable habitat. A list of plant species observed in the BSA
during the surveys is included in Appendix B.
4.1.2.2. PROJECT IMPACTS
The Project is not expected to affect any special -status plant species because they are
considered absent from the BSA.
4.1.2.3. AVOIDANCE AND MINIMIZATION EFFORTS/COMPENSATORY
MITIGATION
No compensatory mitigation or minimization measures are warranted because
special -status plant species are considered absent from the BSA.
4.1.3. Special -Status Animal Species Occurrences
The animal species listed in Table 2b are considered to be of special concern based
on: (1) federal, State, or local laws regulating impacts to them; (2) limited
distributions; and/or (3) the habitat requirements of special -status animals occurring
in the vicinity of the site. The coastal California gnatcatcher is the only listed species
identified by the USFWS as potentially occurring within the vicinity of the BSA
(USFWS 2018b). However, there are no known occurrences of this species within the
BSA or immediate vicinity, and suitable habitat for the species is absent from the
BSA. The CNDDB indicated six additional special -status wildlife species (coast
horned lizard, Crotch bumble bee, western yellow -billed cuckoo, California black
rail, American peregrine falcon, and western mastiff bat) with historical occurrences
within 3 mi of the BSA. However, most of these historical occurrences are presumed
extirpated and, with the exception of marginally suitable habitat for western mastiff
bat, suitable habitat for these wildlife species is absent from the BSA.
The BSA contains suitable habitat for two non -listed, special -status avian species
identified in the CNDDB records search (Cooper's hawk and California horned lark).
The existing Fairview Street bridge also contains suitable roosting habitat for several
non -listed, special -status bat species, and foraging habitat for these bat species is
present within the BSA along the Santa Ana River. Each of these species are
discussed in further detail below.
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 39
Natural Environment Study (Minimal Impacts)
4.1.4. Discussion of Cooper's Hawk
Cooper's hawk is a medium-sized raptor that occurs in wooded areas and is
frequently encountered in urban areas with mature trees and open foraging areas such
as parks. It is a California Special Animal, which is an administrative designation
made by the CDFW and carries no formal legal status. However, Section 15380 of the
CEQA Guidelines indicates that these species should be included in an analysis of
project impacts if they can be shown to meet the criteria of sensitivity outlined
therein. The species is fairly common within the vicinity of the BSA and urban areas
that contain large trees and open fields. Several mature ornamental trees located along
the streets and residential areas within the BSA serve as potentially suitable nesting
habitat for this species.
4.1.4.1. SURVEY RESULTS
Cooper's hawk is the only special -status animal species observed within the BSA
during the field surveys. An individual Cooper's hawk was observed flying over the
BSA and perching on several large trees during the survey conducted on February 20,
2018. No evidence of nesting by this species was observed in the BSA during the
surveys, and mature trees are limited in number within the BSA.
4.1.4.2. PROJECT IMPACTS
The Project is not expected to directly or adversely impact Cooper's hawk because
potentially suitable nesting habitat is limited in the BSA, and the removal of
ornamental vegetation along North Fairview Street would not impact suitable nesting
habitat for this species.
4.1.4.3. AVOIDANCE AND MINIMIZATION EFFORTS/COMPENSATORY
MITIGATION
Impacts to Cooper's hawk and other nesting birds protected under the California Fish
and Game Code will be avoided with implementation of Measure 13I0-2, as detailed
below.
BI0-2 Nesting Bird Surveys and Avoidance. If vegetation removal,
construction, or grading activities are planned to occur within the
nesting bird season (February 1 to September 30), a qualified biologist
shall conduct a preconstruction nesting bird survey no more than three
(3) days prior to the start of such activities. The nesting bird survey
shall include the project site and areas immediately adjacent to the site
that could potentially be affected by project -related activities such as
................................................................................................................................................ .
40 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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noise, vibration, increased human activity, and dust, etc. For any active
nest(s) identified, the qualified biologist shall establish an appropriate
buffer zone around the active nest(s). The appropriate buffer shall be
determined by the qualified biologist based on species, location, and
the nature of the proposed activities. Project activities shall be avoided
within the buffer zone until the nest is deemed no longer active by the
qualified biologist.
4.1.5. Discussion of California Horned Lark
The California horned lark is a small songbird that is known to occur within the
vicinity of the BSA. It is a subspecies of horned lark (Eremophila alpestris) and is
considered a California Special Animal, which is an administrative designation made
by the CDFW and carries no formal legal status. However, Section 15380 of the
CEQA Guidelines indicates that these species should be included in an analysis of
project impacts if they can be shown to meet the criteria of sensitivity outlined
therein. The subspecies utilizes open grasslands and fields and prefers bare ground for
nesting. Several disturbed or barren areas in the BSA provide potentially suitable
habitat for this subspecies, but it is considered marginal because of the proximity to
busy urban streets and associated anthropogenic disturbances.
4.1.5.1. SURVEY RESULTS
The field survey was conducted during the breeding season, and no California horned
larks were observed in or near the BSA.
4.1.5.2. PROJECT IMPACTS
The Project is not expected to impact the California horned lark because it has a low
probability of occurrence in the BSA.
4.1.5.3. AVOIDANCE AND MINIMIZATION EFFORTS/COMPENSATORY
MITIGATION
During the breeding season, the California horned lark is the only subspecies of
horned lark in non -desert Southern California; however, from September through
April or early May, other subspecies visit the area. Impacts to the California horned
lark will be avoided with implementation of Measure BI0-2.
4.1.6. Discussion of Special -Status Bat Species
As shown in Table 2b, the BSA contains potentially suitable habitat for seven special -
status bat species. Two of these species are considered California Special Animals
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 41
Natural Environment Study (Minimal Impacts)
(Yuma myotis and hoary bat), and the remaining five bat species are California
Species of Special Concern (pallid bat, western mastiff bat, western yellow bat,
pocketed free -tail bat, and big free -tail bat). "Species of Special Concern" is an
administrative designation from the CDFW and carries no formal legal status.
However, all bat species (regardless of listing status) and other nongame mammals
are protected by California Fish and Game Code Section 4150, which states that all
nongame mammals or parts thereof may not be taken or possessed except as provided
otherwise in the code or in accordance with regulations adopted by the California
Fish and Game Commission. Activities resulting in the mortality of nongame
mammals (e.g., destruction of an occupied bat roost, resulting in the death of bats) or
disturbance that results in the loss of a maternity colony of bats (including the death
of young) may be considered a "take" by the CDFW. Furthermore, any structure
occupied by a bat maternity colony of any species is considered a native wildlife
nursery site that is essential to the viability of local populations.
Many bats use crevices or hollow cavities in bridges and culverts as day roosts and/or
the open spaces between bridge beams or girders for night roosting. Bat species that
commonly use human -made structures for day and/or night roosting include pallid bat
and Yuma myotis. Other species that may use these types of roosts occasionally
include western mastiff bat, pocketed free -tail bat, and big free -tail bat, although
pocketed free -tail bat and big free -tail bat are more commonly found in rocky desert
areas and are considered rare in California. Bats may also roost in trees situated in the
vicinity of human -made structures. Although bat roosts in structures can be relatively
easy to identify, tree roosts are more cryptic and require close examination. Some
species of bats (e.g., western yellow bat and hoary bat) day roost in the foliage of
trees. Other bat species (e.g., pallid bat) commonly day roost in crevices or cavities
found in mature trees and snags.
Within the BSA, suitable bat roosting habitat is present within the existing Fairview
Street bridge, and suitable foraging habitat is present along the Santa Ana River.
4.1.6.1. SURVEY RESULTS
The Fairview Street bridge over the Santa Ana River is a concrete tee beam bridge.
This type of bridge contains structural elements that are suitable for and commonly
used by both day- and night -roosting bats. Crevice habitat suitable for day -roosting
bats (including maternity colonies) is present in the two hinges and in portions of a
longitudinal joint near the middle of the structure, while night -roosting habitat is
present throughout the bridge structure in the spaces between the concrete girders
................................................................................................................................................ .
42 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
(refer to Appendix C, Representative Site Photos). These girders form cavities in the
underside of the bridge deck that trap warm air and offer shelter from the wind. Cliff
swallow (Petrochelidon pyrrhonota) mud nests were also present throughout the
girders of the bridge at the time of the assessment. The swallow mud nests may also
provide day -roosting habitat for bat species, including Yuma myotis and Mexican
free -tailed bats, which have been documented day roosting in swallow mud nests and
may use the mud nests observed on the bridge structure.
Although the Santa Ana River is unvegetated and concrete lined in the vicinity of the
Fairview Street bridge, water within the channel as well as ornamental vegetation
associated with nearby residences provides foraging habitat for a variety of bat
species, thereby increasing the likelihood that this structure is used for roosting.
No bats were observed during the daytime habitat assessment or the nighttime
emergence survey; however, some scattered guano was observed beneath the hinges,
confirming the use of these crevices by individual bats.
A concrete double -box culvert is situated within 300 ft of the Fairview Street bridge
over the Santa Ana River. This culvert structure was not entered during the
assessment because the entrances to each box were partially gated and because there
were indications of human habitation, both of which presented potential safety
considerations as well as reducing the likelihood that roosting bats were present.
4.1.6.2. PROJECT IMPACTS
Since the existing Fairview Street bridge over the Santa Ana River will be
demolished for the Project, potential direct and indirect impacts to roosting bats may
occur. However, there is no evidence of maternity colonies roosting within the BSA.
As long as the avoidance and minimization efforts discussed below are implemented,
the Project is not expected to adversely impact protected bat species. The new
Fairview Street bridge to be constructed under the Project may provide additional
roosting habitat for protected bat species.
4.1.6.3. AVOIDANCE AND MINIMIZATION EFFORTS/COMPENSATORY
MITIGATION
The following measures will be implemented to minimize the potential for take of
individual roosting bats and impacts to suitable day- and night -roosting bat habitat
within the Fairview Street bridge over the Santa Ana River:
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 43
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BI0-3 Bat Eviction/Exclusion. To avoid direct mortality of individual bats,
humane evictions (if bats are present) and exclusions of roosting bats
should be performed under the supervision of a CDFW-approved bat
biologist prior to bridge demolition activities. Eviction/exclusion
activities should be performed in the fall (September or October) prior
to bridge demolition. Exclusion activities may be implemented in one
or two phases at the discretion of the qualified bat biologist and in
coordination with the Project Design Team.
BIO-4 Alternative Bat Roosting Habitat. Alternate bat roosting habitat
should be incorporated into the design of the new bridge to replace
crevice habitat lost from removal of the existing Fairview Street bridge
over the Santa Ana River. The specifications for this replacement
habitat should be designed in consultation with a qualified bat
biologist.
In addition, to avoid potential impacts to bats day roosting in the swallow mud nests
at the Fairview Street bridge over the Santa Ana River, the following measure will be
implemented:
BI0-5 Swallow Nest Removal. If swallow nests are removed to prevent
swallows from nesting within the Project Area during construction
activities, they should be removed in the fall (i.e., September or
October) prior to expected or potential overwintering use by bats, and
in a manner that ensures they do not fall to the ground or are otherwise
destroyed unless absence of bats is confirmed through inspection by a
qualified bat biologist.
To minimize any potential indirect impacts to bats foraging and night roosting at the
Fairview Street bridge over the Santa Ana River, the following measures will be
implemented:
BI0-6 Nighttime Lighting During Construction. To minimize temporary
indirect impacts during nighttime work for Project construction within
200 ft of the bridge structures, night lighting shall be used only in the
area actively being worked on and focused on the direct area of work,
and airspace access to and from the roost features of a structure shall
not be obstructed except in direct work areas.
................................................................................................................................................ .
44 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
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BI0-7 New Bridge Lighting. To avoid permanent indirect impacts to
roosting and foraging bats, bridge lighting on the new bridge shall be
designed and installed in such a way that light overspill into the Santa
Ana River and beneath the bridge are limited to the greatest extent
practicable.
Since the Project will not affect the culverts and any potential impacts to bats will be
avoided by implementing the measures above, no compensatory mitigation is
expected to be required.
5. Conclusions and Regulatory Determination
5.1. Federal Endangered Species Act Consultation Summary
An IPAC Trust Resources List was obtained from the USFWS on February 15, 2018,
and is provided in Appendix A. A No Effect determination has been made for the
FESA-listed species identified during the literature review due to the lack of suitable
habitats for these species within the BSA. Therefore, no further consultation with the
USFWS is anticipated to be required.
5.2. California Endangered Species Act Consultation
Summary
The proposed Project is expected to have no impact on CESA-listed species.
Therefore, no CESA consultation with the CDFW should be required.
5.3. Essential Fish Habitat Consultation Summary
An official Endangered Species Act Species List was obtained from NOAA Fisheries
on March 16, 2018, and is provided in Appendix A. No Essential Fish Habitat is
present in the BSA, and a No Effect determination has been made for the FESA-listed
species identified during the literature review; therefore, no further consultation with
NOAA Fisheries is anticipated to be required.
5.4. Wetlands and Other Waters Coordination Summary
The Project involves replacing the existing Fairview Street bridge over the Santa Ana
River with a wider roadway bridge. As shown on Figure 3, eight existing pier walls
(totaling approximately 0.09 ac) would be replaced with four new pier walls, for a
total of 0.05 ac of new permanent fill within delineated USACE/RWQCB and CDFW
nonwetland aquatic resources. Since the proposed bridge support structures are
smaller in area than the existing support structures, a net increase in channel
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 45
Natural Environment Study (Minimal Impacts)
capacity/waters of the U.S. would occur under the Project. During construction,
temporary fill would be placed within the Santa Ana River channel associated with a
potential bike detour route, materials staging and access, and/or dewatering. Such
temporary fills would not permanently reduce channel capacity or result in the loss of
aquatic resources.
Since work would be occurring within nonwetland jurisdictional aquatic resources
associated with the Santa Ana River, resource agency permits (USACE Section 404
Nationwide Permit authorization, CDFW Section 1602 Streambed Alteration
Agreement, and RWQCB Section 401 Water Quality Certification) are anticipated to
be required for the Project. In addition, the Santa Ana River is a USACE facility
under Section 14 ("Section 408") of the Rivers and Harbors Act of 1899, so Section
408 permission will also be required for the Project.
5.5. Nesting Birds
The BSA contains mature ornamental trees and other areas, including the culverts
where inactive cliff swallow nests were found, which could provide nesting habitat
for native birds. To avoid potential impacts to nesting birds that are protected under
the California Fish and Game Code and the MBTA, it is recommended that any
necessary vegetation removal be performed outside the bird nesting season (February
1—September 30). If vegetation removal cannot be performed outside the bird nesting
season or if construction is scheduled to begin during the nesting season, Measure
BI0-2 (refer to Section 4.1.4.3.) will be implemented to avoid adverse impacts to
nesting birds.
5.6. Invasive Species
A majority of the plants observed (Appendix B) within the BSA are classified as
Invasive Species and listed on the California Invasive Plant Council (Cal-IPC)
Inventory Database. Measure BIO-1 (refer to Section 4.1.1.3) contains provisions that
will be implemented to prevent the spread of exotic plant species. With
implementation of Measure BIO-1, the Project is not expected to disperse exotic plant
species seeds or otherwise contribute to the invasion of exotic species into natural
habitats.
6. References
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken,
editors. 2012. The Jepson Manual: Vascular Plants of California, Second
Edition. University of California Press, Berkeley.
................................................................................................................................................ .
46 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
California Department of Fish and Wildlife (CDFW). 2018. California Natural
Diversity Database. RareFind5. Records of Occurrence for U.S. Geological
Survey's Anaheim, Whittier, La Habra, Yorba Linda, Newport Beach, Los
Alamitos, Seal Beach, and Tustin, California 7.5-minute topographical
quadrangles. Sacramento, CA.
California Department of Transportation (Caltrans). 2010. Alternative Natural
Environment Studies (Minimal Impact) — No Effect Guidance. Sacramento,
CA.
California Invasive Plant Council. Website: http://www.cal-ipc.org/plants/inventory/,
accessed February 2018.
California Native Plant Society. CNPS, Rare Plant Program. 2018. Inventory of Rare
and Endangered Plants (online edition, v8-02). California Native Plant
Society, Sacramento, CA. Website: http://www.rareplants.cnps.org, accessed
February and August 2018.
Gray and Bramlet. 1992. Orange County Habitat Classification System Natural
Resources GIS Project.
Holland, Robert. 1986. Preliminary Description of the Terrestrial Natural
Communities of California.
LSA Associates, Inc. 2018. Jurisdictional Delineation Report: Fairview Street Bridge
Replacement Project. March 2018.
National Oceanic and Atmospheric Administration National Marine Fisheries Service
(NOAA Fisheries). 2018. West Coast Region, California Species List Tool.
Website: http://www.westcoast.fisheries.noaa.gov/maps_data/califomia
species —list tools.html, accessed March 2018.
Regional Water Quality Control Board (RWQCB). 2004. Workplan: Filling the Gaps
in Wetland Protection.
State Water Resources Control Board. 2004. Workplan: Filling the Gaps in Wetland
Protection. Website: http://www.waterboards.ca.gov/water issues/programs/
cwa401/docs/wrkplan_filing_gaps_wet_prot_9_24_04.pdf, accessed February
2018.
................................................................................................................................................ .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 47
Natural Environment Study (Minimal Impacts)
Supreme Court of the United States. 2006. Opinion of Scalia, J.: John A. Rapanos
et al., Petitioners 04-1034 v. United States; June Carabell et al., Petitioners 04-
1384 v. United States Army Corps of Engineers et al. On Writs of Certiorari
to the United States Court of Appeals for the Sixth Circuit. June 2006.
United States Army Corps of Engineers (USACE). 2008a. Memorandum: Clean
Water Act Jurisdiction Following the U.S. Supreme Court's Decision in
Rapanos v. United States and Carabell v. United States. December.
2008b. Regional Supplement to the Corps of Engineers Wetlands
Delineation Manual: Arid West Region (Version 2.0).
1992. CECW-OR Memorandum: Clarification and Interpretation of the 1987
Manual.
1991. CECW-OR Memorandum: Questions and Answers on the 1987
Manual.
United States Fish and Wildlife Service (USFWS). 2018a. National Wetlands
Inventory Online Mapper Tool. Website: https://www.fws.gov/wetlands/
data/mapper.html, last updated October 2017, accessed February 2018.
. 2018b. Information, Planning, and Conservation System (IPAC) Trust
Resource Report. Website: https:Hecos.fws.gov/ipac/, accessed February 2018.
United States Geological Survey (USGS). Anaheim, California 7.5-minute series
topographic map.
................................................................................................................................................ .
48 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Appendix A CNDDB, CNPS, USFWS, and
NOAA Fisheries Species
Lists
.................................................................................................................................................
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 49
OF Q
a! Selected Elements by Scientific Name
p
z California Department of Fish and Wildlife
y
California Natural Diversity Database
Query Criteria: Quad<span style='color:Red'> IS </span>(Anaheim (3311778)<span style='color:Red'> OR </span>Whittier (3311881)<span
style='color:Red'> OR </span>La Habra (3311788)<span style='color:Red'> OR </span>Yorba Linda (3311787)<span style ='color:Red'>
OR </span>Los Alamitos (3311871)<span style ='color:Red'> OR </span>Orange (3311777)<span style ='color:Red'> OR </span>Seal
Beach (3311861)<span style ='color:Red'> OR </span>Newport Beach (3311768)<span style='color:Red'> OR </span>Tustin (3311767))
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Abronia villosa var. aurita PDNYC010P1 None None G5T2? S2 1 B.1
chaparral sand -verbena
A ccipiter cooperii ABNKC12040 None None G5 S4 WL
Cooper's hawk
Agelaius tricolor ABPBXB0020 None Candidate G2G3 S1S2 SSC
tricolored blackbird Endangered
Aimophila ruficeps canescens ABPBX91091 None None G5T3 S3 WL
southern California rufous -crowned sparrow
Ammodramus savannarum ABPBXA0020 None None G5 S3 SSC
grasshopper sparrow
Anniella stebbinsi ARACCO1060 None None G3 S3 SSC
southern California legless lizard
Aphanismablitoides PDCHE02010 None None G3G4 S2 1B.2
aphanisma
Ardea herodias ABNGA04010 None None G5 S4
great blue heron
Asio otus ABNSB13010 None None G5 S3? SSC
long-eared owl
Aspidoscelis hyperythra ARACJ02060 None None G5 S2S3 WL
orange -throated whiptail
Aspidoscelis tigris stejnegeri ARACJ02143 None None G5T5 S3 SSC
coastal whiptail
Astragalus pycnostachyus var. lanosissimus PDFAB0F7B1 Endangered Endangered G2T1 S1 1B.1
Ventura Marsh milk -vetch
Athene cunicularia ABNSBI0010 None None G4 S3 SSC
burrowing owl
Atriplexcoulteri PDCHE040EO None None G3 S1S2 1B.2
Coulter's saltbush
Atriplexpacifica PDCHE041CO None None G4 S2 1B.2
south coast saltscale
A triplex parishii PDCHE041DO None None G1G2 S1 1B.1
Parish's brittlescale
Atriplexserenana var. davidsonii PDCHE041T1 None None G5T1 S1 1B.2
Davidson's saltscale
Bombus crotchii IIHYM24480 None None G3G4 S1S2
Crotch bumble bee
Branchinecta sandiegonensis ICBRA03060 Endangered None G2 S2
San Diego fairy shrimp
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OF Q
a! Selected Elements by Scientific Name
z California Department of Fish and Wildlife
California Natural Diversity Database
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Buteo regalis ABNKC19120 None None G4 S3S4 WL
ferruginous hawk
Buteo swainsoni ABNKC19070 None Threatened G5 S3
Swainson's hawk
California Walnut Woodland CTT71210CA None None G2 S2.1
California Walnut Woodland
Calochortus plummerae PMLILOD150 None None G4 S4 4.2
Plummer's mariposa -lily
Calochortus weedii var. intermedius PMLILOD1J1 None None G3G4T2 S2 1B.2
intermediate mariposa -lily
Calystegiafelix PDCON040PO None None G1Q S1 1B.1
lucky morning-glory
Campylorhynchus brunneicapillus sandiegensis ABPBG02095 None None G5T3Q S3 SSC
coastal cactus wren
Catostomus santaanae AFCJCO2190 Threatened None G1 S1
Santa Ana sucker
Centromadia parryi ssp. australis PDAST4ROP4 None None G3T2 S2 113.1
southern tarplant
Centromadia pungens ssp. laevis PDAST4ROR4 None None G3G4T2 S2 113.1
smooth tarplant
Charadrius alexandrinus nivosus ABNNB03031 Threatened None G3T3 S2S3 SSC
western snowy plover
Chelonia mydas ARAAA02010 Threatened None G3 S1
green turtle
Chloropyron maritimum ssp. maritimum PDSCROJOC2 Endangered Endangered G4?T1 S1 1 B.2
salt marsh bird's -beak
Choeronycteris mexicana AMACB02010 None None G4 S1 SSC
Mexican long -tongued bat
Cicindela gabbii IICOL02080 None None G2G4 S1
western tidal -flat tiger beetle
Cicindela hirticollis gravida IICOL02101 None None G5T2 S2
sandy beach tiger beetle
Cicindela latesignata latesignata IICOL02113 None None G2G4T1T2 S1
western beach tiger beetle
Cicindela senilis frosti IICOL02121 None None G2G3T1T3 S1
senile tiger beetle
Coccyzus americanus occidentalis ABNRB02022 Threatened Endangered G5T2T3 S1
western yellow -billed cuckoo
Coelusglobosus IICOL4A010 None None G1G2 S1S2
globose dune beetle
Coturnicops noveboracensis ABNME01010 None None G4 S1S2 SSC
yellow rail
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OF Q
a! Selected Elements by Scientific Name
z California Department of Fish and Wildlife
California Natural Diversity Database
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Crotalus ruber ARADE02090 None None G4 S3 SSC
red -diamond rattlesnake
Danaus plexippus pop. 1 IILEPP2012 None None G4T2T3 S2S3
monarch - California overwintering population
Dudleya multicaulis PDCRA040HO None None G2 S2 1 B.2
many -stemmed dudleya
Elanus leucurus ABNKC06010 None None G5 S3S4 FP
white-tailed kite
Emys marmorata ARAAD02030 None None G3G4 S3 SSC
western pond turtle
Eremophila alpestris actia ABPAT02011 None None G5T4Q S4 WL
California horned lark
Eriastrum densifolium ssp. sanctorum PDPLM03035 Endangered Endangered G4T1 S1 113.1
Santa Ana River woollystar
Eryngium aristulatum var. parishii PDAPIOZ042 Endangered Endangered G5T1 S1 113.1
San Diego button -celery
Eumops perotis californicus AMACD02011 None None G5T4 S3S4 SSC
western mastiff bat
Falco peregrinus anatum ABNKD06071 Delisted Delisted G4T4 S3S4 FP
American peregrine falcon
Helianthus nuttallii ssp. parishii PDAST41\1102 None None GSTH SH 1A
Los Angeles sunflower
Icteria virens ABPBX24010 None None G5 S3 SSC
yellow -breasted chat
Isocoma menziesii var. decumbens PDAST57091 None None G3G5T2T3 S2 1 B.2
decumbent goldenbush
Lasionycteris noctivagans AMACCO2010 None None G5 S3S4
silver -haired bat
Lasiurus cinereus AMACC05030 None None G5 S4
hoary bat
Lasiurus xanthinus AMACC05070 None None G5 S3 SSC
western yellow bat
Lasthenia glabrata ssp. coulteri PDAST5LOA1 None None G4T2 S2 113.1
Coulter's goldfields
LateraHus jamaicensis coturniculus ABNME03041 None Threatened G3G4T1 S1 FP
California black rail
Lepidium virginicum var. robinsonii PDBRA1MI14 None None G5T3 S3 4.3
Robinson's pepper -grass
Microtus californicus stephensi AMAFF11035 None None G5T1T2 S1S2 SSC
south coast marsh vole
Myotis yumanensis AMACC01020 None None G5 S4
Yuma myotis
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OF Q
a! Selected Elements by Scientific Name
z California Department of Fish and Wildlife
California Natural Diversity Database
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Namastenocarpa PDHYDOAOHO None None G4G5 S1S2 213.2
mud nama
Nasturtiumgambelii PDBRA270VO Endangered Threatened G1 S1 113.1
Gambel's water cress
Navarretia prostrata PDPLMOCOQO None None G2 S2 113.1
prostrate vernal pool navarretia
Nemacaulis denudata var. denudata PDPGNOG011 None None G3G4T2 S2 1 B.2
coast woolly -heads
Nyctinomops femorosaccus AMACD04010 None None G4 S3 SSC
pocketed free -tailed bat
Nyctinomops macrotis AMACD04020 None None G5 S3 SSC
big free -tailed bat
Orcuttia californica PMPOA4GO10 Endangered Endangered G1 S1 113.1
California Orcutt grass
Pandion haliaetus ABNKC01010 None None G5 S4 WL
osprey
Panoquina errans IILEP84030 None None G4G5 S2
wandering (=saltmarsh) skipper
Passerculus sandwichensis beldingi ABPBX99015 None Endangered G5T3 S3
Belding's savannah sparrow
Pentachaeta aurea ssp. allenii PDAST6XO21 None None G4T1 S1 113.1
Allen's pentachaeta
Perognathus longimembris pacificus AMAFDO1042 Endangered None G5T1 S1 SSC
Pacific pocket mouse
Phaceliastellaris PDHYD00510 None None G1 S1 113.1
Brand's star phacelia
Phrynosoma blainvillii ARACF12100 None None G3G4 S3S4 SSC
coast horned lizard
Polioptila californica californica ABPBJ08081 Threatened None G4G5T2Q S2 SSC
coastal California gnatcatcher
Rallus obso/etus levipes ABNME05014 Endangered Endangered G5T1T2 S1 FP
light-footed Ridgway's rail
Riparia riparia ABPAU08010 None Threatened G5 S2
bank swallow
Rynchops niger ABNNM14010 None None G5 S2 SSC
black skimmer
Salvadora hexalepis virgultea ARADB30033 None None G5T4 S2S3 SSC
coast patch -nosed snake
Senecio aphanactis PDAST811060 None None G3 S2 213.2
chaparral ragwort
Setophaga petechia ABPBX03010 None None G5 S3S4 SSC
yellow warbler
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OF Q
a! Selected Elements by Scientific Name
z California Department of Fish and Wildlife
bRsa="� California Natural Diversity Database
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Sidalcea neomexicana PDMAL110JO None None G4 S2 213.2
salt spring checkerbloom
Sorex ornatus salicornicus AMABA01104 None None G5T1? S1 SSC
southern California saltmarsh shrew
Southern California Arroyo Chub/Santa Ana Sucker CARE2330CA None None GNR SNR
Stream
Southern California Arroyo Chub/Santa Ana Sucker
Stream
Southern Coast Live Oak Riparian Forest
CTT6131 OCA
None
None
G4
S4
Southern Coast Live Oak Riparian Forest
Southern Coastal Salt Marsh
CTT52120CA
None
None
G2
S2.1
Southern Coastal Salt Marsh
Southern Cottonwood Willow Riparian Forest
CTT61330CA
None
None
G3
S3.2
Southern Cottonwood Willow Riparian Forest
Southern Dune Scrub
CTT21330CA
None
None
G1
S1.1
Southern Dune Scrub
Southern Foredunes
CTT21230CA
None
None
G2
S2.1
Southern Foredunes
Southern Sycamore Alder Riparian Woodland
CTT62400CA
None
None
G4
S4
Southern Sycamore Alder Riparian Woodland
Southern Willow Scrub
CTT63320CA
None
None
G3
S2.1
Southern Willow Scrub
Spea hammondii
AAABF02020
None
None
G3
S3
SSC
western spadefoot
Sternula antillarum browni
ABNNMO8103
Endangered
Endangered
G4T2T3Q
S2
FP
California least tern
Suaedaesteroa
PDCHEOPODO
None
None
G3
S2
1B.2
estuary seablite
Symphyotrichum defoliatum
PDASTE8000
None
None
G2
S2
1 B.2
San Bernardino aster
Taxidea taxus
AMAJF04010
None
None
G5
S3
SSC
American badger
Trigonoscuta dorothea dorothea
IICOL51021
None
None
G1T1
S1
Dorothy's El Segundo Dune weevil
Tryonia imitator
IMGASJ7040
None
None
G2
S2
mimic tryonia (=California brackishwater snail)
Vireo bellii pusillus
ABPBWO1114
Endangered
Endangered
G5T2
S2
least Bell's vireo
Record Count: 100
Commercial Version -- Dated August, 3 2018 -- Biogeographic Data Branch Page 5 of 5
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CNPS Inventory of Rare and Endangered Plants of California
9-Quad Search Area List Generated August 8, 2018
Scientific Name
Common Name
CRPR
CESA
FESA
Abronia villosa var. aurita
chaparral sand -verbena
113.1
None
None
Aphanisma blitoides
aphanisma
1B.2
None
None
Astragalus pycnostachyus var. lanosissimus
Ventura marsh milk -vetch
1B.1
CE
FE
Atriplex coulteri
Coulter's saltbush
1B.2
None
None
Atriplex pacifica
South Coast saltscale
1B.2
None
None
Atriplex parishii
Parish's brittlescale
1B.1
None
None
Atriplexserenana var. davidsonii
Davidson's saltscale
113.2
None
None
Calochortus weedii var. intermedius
intermediate mariposa lily
1B.2
None
None
Calystegia felix
lucky morning-glory
113.1
None
None
Camissoniopsis lewish
Lewis' evening -primrose
3
None
None
Centromadia parryi ssp. australis
southern tarplant
113.1
None
None
Chloropyron maritimum ssp. maritimum
salt marsh bird's -beak
1B.2
CE
FE
Chorizanthe parryi var. fernandina
San Fernando Valley spineflower
113.1
CE
FC
Dudleya multicaulis
many -stemmed dudleya
1B.2
None
None
Dudleya stolonifera
Laguna Beach dudleya
113.1
CT
FT
Eryngium aristulatum var. parishii
San Diego button -celery
1B.1
CE
FE
Hordeum intercedens
vernal barley
3.2
None
None
Lasthenia glabrata ssp. coulteri
Coulter's goldfields
1B.1
None
None
Noma stenocarpa
mud nama
213.2
None
None
Nasturtium gambelii
Gambel's water cress
1B.1
CT
FE
Navarretia prostrate
prostrate vernal pool navarretia
1B.1
None
None
Nemacaulis denudate var. denudata
coast woolly -heads
1B.2
None
None
Orcuttia californica
California Orcutt grass
1B.1
CE
FE
Phacelia ramosissima var. austrolitoralis
south coast branching phacelia
3.2
None
INone
Phacelia stellaris
Brand's star phacelia
1B.1
None
None
Sagittaria sanfordii
Sanford's arrowhead
1B.2
None
None
Senecio aphanactis
chaparral ragwort
213.2
None
None
Sidalcea neomexicana
salt spring checkerbloom
2B.2
None
None
Suaeda esteroa
estuary seablite
113.2
None
None
Symphyotrichum defoliatum
San Bernardino aster
1B.2
INone
INone
10/28/2018 IPaC: Explore Location
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section
that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for
additional information applicable to the trust resources addressed in that section.
Location
Orange County, California
14
a
L W.,
LLJ
Civic Cenral
W l
Local office
NOR:SrrNI.�vi oMfaHe=
t. (760) 431-9440
JJ3 (760) 431-5901
2177 Salk Avenue - Suite 250
Carlsbad, CA 92008-7385
http://www.fws.gov/carlsbad/
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 1 /11
10/28/2018 IPaC: Explore Location
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near
the project area. To fully determine any potential effects to species, additional site -specific and ,�
project -specific information is often required. J
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).V
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information.
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Birds
NAME STATUS
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 2/11
10/28/2018
IPaC: Explore Location
Coastal California Gnatcatcher Polioptila californica californica Threatened
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/8178
Flowering Plants
NAME
Ventura Marsh Milk -vetch Astragalus pycnostachyus var.
lanosissimus
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/1160
Critical habitats
STATUS
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
r
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
0
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts. %
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 3/11
10/28/2018
IPaC: Explore Location
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your
project area. 1X*4
NAME BREEDING SEASON IFA
BREEDING SEASON IS INDICATED
............................................................................................................
FOR A BIRD ON YOUR LIST, THE
_.....................................................................................................
IRD M19YBREED IN YOUR
.............................................................
CT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ee� 01?4*4.
Gol'q*
Allen's Hummingbird Selasphorus sasin
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9637
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Clark's Grebe Aechmophorus clarkii
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Common Yellowthroat Geothlypis trichas sinuosa
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS
...................................................................................
ACROSS ITS ENTIRE RANGE.
........................................................................................
"BREEDS ELSEWHERE" INDICATES
.............................................................................................................
THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
Breeds Feb 1 to Jul 15
Breeds May 20 to Sep 15
Breeds Jan 1 to Dec 31
Breeds May 20 to Jul 31
https://ecos.fws.gov/ecp/species/2084
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 4/11
10/28/2018
IPaC: Explore Location
Costa's Hummingbird Calypte costae
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9470
Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9410
Rufous Hummingbird selasphorus rufus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8002
Song Sparrow Melospiza melodia
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Breeds Jan 15 to Jun 10
Breeds Apr 1 to Jul 20
Breeds elsewhere
Breeds Feb 20 to Se 5
dpN
Spotted Towhee Pipilo maculatus clementae Breeds Apr 15 to Jul 20
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA 40
https://ecos.fws.gov/ecp/species/4243
Whimbrel Numenius phaeopus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9483
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wrentit Chamaea fasciata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Probability of Presence Summary
Breeds elsewhere
Breeds elsewhere
Breeds Mar 15 to Aug 10
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Probability of Presence ( )
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 5/11
10/28/2018
IPaC: Explore Location
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)
A taller bar indicates a higher probability of species presence. The survey effort (see below) can be
used to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the
week where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was
found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence
is calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( ) 1k *_0
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES ]AN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Hummingbird I �11 fill 1111 fill 11111111 111— '111 1111 i111 1111 1111
BCC Rangewide
(CON) (This is a Bird
of Conservation
.......................................
Concern (BCC)
throughout its range
in the continental
...........................................
USA and Alaska.)
.........................................
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 6/11
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Black Skimmer ++++ ++++ +++-4-- --4-++ + + "�"'�""+ + 4- + + -4-+++ + 4- 4- +
BCC Rangewide
is a Bird
Conservation...........................
,,,', ........... of
iConcern ',�REj
................................. throughout its range
!p e continental
USA and Alaska.)
.........................................
Clark's Grebe
BCC Rangewide 16;
(CON) (This is a Bird
�Conservation** O
.............
Concern (BCC)
..................................
throughout its range
i , n the continental
, , , , , - , , , ,
...........................................
0�kand, Alaska.), ''
.........................................
Common
Yellowthroat
BCC - BCR (This is a
..............................................
Bird of Conservation
,6o,ncern (BCC) only in
.................................................... particular
...................................
, n, -seva t, r,'io'' on Regions
......................
.............................. continental USA)
.........................................
Costa's +00+ + 4- + -4- + + 4- 4-
Hummingbird 1111111111� +
BCC - BCR (This is a
s ,"r 'ii-
Bird of evao n
..................................................
.... Concern (BCC) only in
. p .......... a c . u fa r Bird .............. ...................
rti
.................................. Conservation Regions
......................
...............................
continental USA)
.........................................
Nuttall's
Woodpecker
BCC - BCR (This is a
.......................
Bird of Conservation
Concern only in
....................................................
pant.i.c.ular Bird
.. .. .. . . ...... .......... *-
Conservation Regions
....................................................
(BCRjthe 40
...............................
continental USA)
.........................................
Rufous k ) ++++ ++++ ++J-1 —111 ++++ +1—+ +++1 +-4--++ -4-+++
Hummingbird
BCC Rangewide
. C . ON (This i'sa"Bird
...............................................
of Conservation
,��(BCC) , Concern B .................................. throughout its range
i , n the - continental
,0Ska, n d Ala' s k a')
.........................................
Song Sparrow
BCC -BCR (This is a
...............................................
Bird of Conservation
Concern , -, (BCC) only in
.................
particular Bird
Conservation Regions
(BCRs)iir the
...............................
continental USA)
.........................................
https:Hecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 7/11
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IPaC: Explore Location
Spotted Towhee
BCC - BCR (This is a
..............................................
Bird of Conservation
Concern (BCC) only in
.....................................................
particular Bird
Conservation Regions
(BCRs) in the
...............................
continental USA)
.........................................
Whimbrel
BCC Rangewide
(CON) (This is a Bird
of Conservation
.......................................
Concern (BCC)
throughout its range
..................................................
in the continental
...........................................
USA and Alaska.)
.........................................
Willet
BCC Rangewide
(CON) (This is a Bird
................................................
of Conservation
.......................................
Concern (BCC)
throughout its range
in the continental
...........................................
USA and Alaska.)
.........................................
Wrentit
BCC Rangewide
(CON) (This is a Bird
of Conservation
.......................................
Concern (BCC)
throughout its range
+��� �IIl IIII id- +11+ 0111 ++11 IIII 1111
++++ ++++ +++I '+11 ++++ ++-+ +--- ++++ ++++ ++++ ++++ ++++
++++ ++++ ++1+ -+++ ++++ ++-+ +--- ++++ ++++ ++++ ++++ ++++
++ +1+N4 ++++ +++,
in the continental
......... ..............................
USA and Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
++++ ++J+ +' ,I lill lill ::::::11
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at
any location year round. Implementation of these measures is particularly important when birds are most likely to
occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to
occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or
bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species
that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is
queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in that
area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore
activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the E-bird Explore Data Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 8/11
10/28/2018
IPaC: Explore Location
The probability of presence graphs associated with your migratory bird list are based on data provided by the
Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,, banding, and citizen
science datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or
year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or
(if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds
guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern: <\O�
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird
impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the
Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 9/11
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IPaC: Explore Location
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be
in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring
in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10
km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or
minimize potential impacts from your project activities, should presence be confirmed. To learn more about
conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize
impacts to migratory birds" at the bottom of your migratory bird trust resources page.
Facilities
4
National Wildlife Refuge lands .0-1h Nk \\We
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns. 0 -W
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
0
Fish hatcheres
VC'N "I
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update
our NWI data set. We recommend you verify these results with a site visit to determine the actual
extent of wetlands on site.
This location overlaps the following wetlands:
https://ecos.fws.gov/ipac/location/OXNVSL07SNCZFKG7ZPEDUGHHEQ/resources 10/11
10/28/2018
RIVERINE
IPaC: Explore Location
R2USCr
R2UBHr
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error
is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
V)wData precautions `
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish
the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may
affect such activities.
https://ecos.fws.gov/ipac/location/OXNVSLO7SNCZFKG7ZPEDUGHHEQ/resources 11 /11
Bo Gould
From: NMFSWCRCA Specieslist - NOAA Service Account
<nmfswcrca.specieslist+canned. response@noaa.gov>
Sent: Sunday, October 28, 2018 11:58 AM
To: Bo Gould
Subject: RE: Caltrans: Fairview Street Widening and Bridge Replacement Official Species List
Request
Receipt of this message confirms that NMFS has received your email to nmfswcrca.specieslist@noaa.eov. If you are a federal agency (or
representative) and have followed the steps outlined on the California Species List Tools web page
(http://www.westcoast.fisheries.noaa.�4ov/maps data/california species list tools.html), you have generated an official Endangered Species
Act species list.
Messages sent to this email address are not responded to directly. For project specific questions, please contact your local
NMFS office.
Northern California/Klamath (Arcata) 707-822-7201
North-Central Coast (Santa Rosa) 707-387-0737
Southern California (Long Beach) 562-980-4000
California Central Valley (Sacramento) 916-930-3600
NOAA Fisheries Species List
Generated October 28, 2018
Quad Name Anaheim
Quad Number 33117-G8
ESA Anadromous Fish
SONCC Coho ESU (T) -
CCC Coho ESU (E) -
CC Chinook Salmon ESU (T) -
CVSR Chinook Salmon ESU (T) -
SRWR Chinook Salmon ESU (E) -
NC Steelhead DPS (T) -
CCC Steelhead DPS (T) -
SCCC Steelhead DPS (T) -
SC Steelhead DPS (E) - X
CCV Steelhead DPS (T) -
Eulachon (T) -
sDPS Green Sturgeon (T) -
ESA Anadromous Fish Critical Habitat
SONCC Coho Critical Habitat -
CCC Coho Critical Habitat -
CC Chinook Salmon Critical Habitat -
CVSR Chinook Salmon Critical Habitat -
SRWR Chinook Salmon Critical Habitat -
NC Steelhead Critical Habitat -
CCC Steelhead Critical Habitat -
SCCC Steelhead Critical Habitat -
SC Steelhead Critical Habitat -
CCV Steelhead Critical Habitat -
Eulachon Critical Habitat -
sDPS Green Sturgeon Critical Habitat -
ESA Marine Invertebrates
Range Black Abalone (E) -
NOAA Fisheries Species List
Generated October 28, 2018
Range White Abalone (E) -
ESA Marine Invertebrates Critical Habitat
Black Abalone Critical Habitat -
ESA Sea Turtles
East Pacific Green Sea Turtle (T) -
Olive Ridley Sea Turtle (T/E) -
Leatherback Sea Turtle (E) -
North Pacific Loggerhead Sea Turtle (E) -
FCA Whnlac
Blue Whale (E) -
Fin Whale (E) -
Humpback Whale (E) -
Southern Resident Killer Whale (E) -
North Pacific Right Whale (E) -
Sei Whale (E) -
Sperm Whale (E) -
ESA Pinnipeds
Guadalupe Fur Seal (T) -
Steller Sea Lion Critical Habitat -
Essential Fish Habitat
Coho EFH -
Chinook Salmon EFH -
Groundfish EFH -
Coastal Pelagics EFH -
Highly Migratory Species EFH -
MMPA Species (See list at left)
NOAA Fisheries Species List
Generated October 28, 2018
ESA and MMPA Cetaceans/Pinnipeds
See list at left and consult the NMFS Long Beach office
562-980-4000
MMPA Cetaceans -
MMPA Pinnipeds -
Natural Environment Study (Minimal Impacts)
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50 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Appendix B List of Plant and Wildlife
Species Observed
13.1 Vascular Plant Species Observed
The following vascular plant species were observed in the BSA by LSA biologists on
February 20, 2018. Additional plant species may be present on private properties
within the BSA.
* Introduced species not native to California
GYMNOSPERMS
Cupressaceae Cypress Family
* Cupressus sempervirens Italian cypress
Pinaceae Pine Family
* Pinus sp. pine species
EUDICOTS
Adoxaceae
Moschatel Family
Sambucus nigra ssp. caerulea
blue elderberry
Aizoaceae
Iceplant Family
* Carpobrotus edulis
hottentot-fig
* Mesembryanthemum crystallinum
crystalline iceplant
Apiaceae
Carrot Family
* Foeniculum vulgare
Sweet fennel
Asteraceae
Sunflower Family
Artemisia californica
California sagebrush
Baccharis pilularis
coyote brush
Baccharis salicifolia
mulefat
Encelia californica
California bush sunflower
Encelia farinosa
brittlebush
Erigeron canadensis
Canadian horseweed
* Hedypnois cretica
Crete weed
Isocoma menziesii
Menzies' goldenbush
* Sonchus asper
sow thistle
* Taraxacum officinale
common dandelion
Bignoniaceae
Catalpa Family
* Jacaranda mimosifolia
blue jacaranda
............................................................................................................................................... .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 51
Natural Environment Study (Minimal Impacts)
Boraginaceae
Borage Family
* Echium candicans
pride of madeira
Eriodictyon crassifolium
thick leaved yerba santa
Chenopodiaceae
Goosefoot Family
* Atriplex semibaccata
Australian saltbush
* Chenopodium album
lamb's quarters
* Salsola tragus
Russian -thistle
Crassulaceae
Stonecrop Family
* Crassula ovata
jade plant
Euphorbiaceae
Spurge Family
* Euphorbia maculata
spotted spurge
Fabaceae
Pea Family
* Acacia longifolia
golden wattle
* Trifolium repens
white clover
Geraniaceae
Geranium Family
* Erodium cicutarium
redstem filaree
Lamiaceae
Mint Family
Salvia apiana
white sage
* Salvia officinalis
kitchen sage
Lythraceae
Loosestrife Family
* Lagerstroemia indica
crape myrtle
Malvaceae
Mallow Family
* Malva parviflora
cheeseweed
Moraceae
Mulberry Family
* Ficus benjamina
weeping fig
Nyctaginaceae
Four O'clock Family
* Bougainvillea spectabilis
bougainvillea
Oxalidaceae
Wood Sorrel Family
* Oxalis pes-caprae
Bermuda buttercup
Platanaceae
Plane Tree Family
* Platanus hybrida
London plane tree
Polygonaceae
Buckwheat Family
Eriogonum fasciculatum
California buckwheat
Rosaceae
Rose Family
Heteromeles arbutifolia
toyon
Rutaceae
Citrus Family
* Citrus spp.
orange and lemon trees
................................................................................................................................................ .
52 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Salicaceae
Populus fremontii
Salix lasiolepis
Simaroubaceae
* Ailanthus altissima
MONOCOTS
Araceae
* Colocasia esculenta
Arecaceae
* Syagrus romanzoffiana
* Washingtonia robusta
Poaceae
* Cynodon dactylon
* Festuca myuros
* Hordeum murinum
Muhlenbergia rigens
Willow Family
Freemont cottonwood
arroyo willow
Quassia Family
tree of heaven
Arum Family
taro root
Palm Family
Queen palm
Mexican fan palm
Grass Family
Bermuda grass
rattail fescue
foxtail barley
deergrass
Taxonomy and scientific nomenclature generally conform to Baldwin, B.G., D.H.
Goldman et al., eds. (2012; The Jepson Manual: Vascular Plants of California, 2na
edition; University of California Press, Berkeley and Los Angeles, California).
Common names for each taxa generally conform to Roberts, F.M., Jr. (2008; The
Vascular Plants of Orange County, California: An Annotated Checklist; F.M. Roberts
Publications, San Luis Rey, California) except where Abrams, L. (1923, 1944, and
1951; Illustrated Flora of the Pacific States: Washington, Oregon, and California,
vols. I —III; Stanford University Press, Stanford, California) and Abrams, L. and
Ferris, R.S. (1960; Illustrated Flora of the Pacific States: Washington, Oregon, and
California, vol. IV; Stanford University Press, Stanford, California) were used,
particularly when species -specific common names were not identified in Roberts,
F.M., Jr. (2008).
............................................................................................................................................... .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 53
Natural Environment Study (Minimal Impacts)
13.2 Animal Species Detected
This is a list of the wildlife species noted in the BSA by LSA biologists. Presence
may be noted if a species is seen or heard, or identified by the presence of tracks, scat,
or other signs.
* Species not native to California
INSECTA INSECTS
Apidae Bees
* Apis mellifera European honey bee
Lycaenidae Gossamer -winged Butterflies
Brephidium exilis western pigmy blue
Hesperiidae Skippers
Polites sabuleti sandhill skipper
REPTILIA REPTILES
Iguanidae Iguanas
Sceloporus occidentalis western fence lizard
AVES
BIRDS
Anatidae
Ducks, Geese, and Swans
Anas platyrhynchos
mallard
Columbidae
Pigeons and Doves
* Columba livia
rock pigeon
Zenaida macroura
mourning dove
Tyrannidae
Tyrant Flycatchers
Sayornis nigricans
black phoebe
Tyrannus verticalis
western kingbird
Corvidae
Crows and Jays
Corvus corax
common raven
Laridae
Gulls, Terns, and Skippers
Larus californicus
California gull
Mimidae
Thrashers, Mockingbirds, and
Tremblers
Mimus polyglottos
northern mockingbird
Hirundinidae
Swallows
Petrochelidon pyrrhonota
cliff swallow
................................................................................................................................................ .
54 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Trochilidae
Calypte anna
Sturnidae
* Sturnus vulgaris
Parulidae
Setophaga coronata
Fringillidae
Haemorhous mexicanus
Passeridae
* Passer domesticus
Passerellidae
Zonotrichia leucophrys
Accipitridae
Accipiter cooperii
Cathartidae
Cathartes aura
MAMMALIA
Felidae
* Felis catus
Geomyidae
Thomomys bottae
Hummingbirds
Anna's hummingbird
Starlings
European starling
New World Warblers
yellow-rumped warbler
Fringilline and Cardueline Finches
and Allies
house finch
Old World Sparrows
house sparrow
New World Sparrows
white -crowned sparrow
Eagles, Hawks, Kites, Old World
Vultures
Cooper's hawk
New World Vultures and Condors
turkey buzzard
MAMMALS
Cats
domestic cat
Pocket Gophers
Botta's pocket gopher
Taxonomy and nomenclature are based primarily on the following:
• Damselflies and Dragonflies: Paulson, D. (2009, Dragonflies and Damselflies of
the West, Princeton University Press, Princeton, New Jersey).
• Butterflies: North American Butterfly Association (2001, NABA Checklist and
English Names of North American Butterflies, Second Edition, North American
Butterfly Association, Morristown, New Jersey, 2003 update in American
Butterflies 11: 24-27; see http://www.naba.org/pubs/checklst.html).
• Amphibians and Reptiles: Crother, B.I. ed. (2017, Scientific and Standard
English Names of Amphibians and Reptiles of North America North of Mexico,
with Comments Regarding Confidence in our Understanding. Eighth Edition.
Herpetological Circular 43.) for species taxonomy and nomenclature;
AmphibiaWeb (https:Hamphibiaweb.org/) and The Reptile Database
............................................................................................................................................... .
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 55
Natural Environment Study (Minimal Impacts)
(www.reptile-database.org/) for higher order taxonomy; see also California Herps
(http://www.califomiaherps.com/index.html).
• Birds: American Ornithological Society (1998, The A.O.U. Checklist of North
American Birds, Seventh Edition, American Ornithologists' Union, Washington,
D.C.; and supplements; see http://checklist.aou.org/taxa).
• Mammals: Bradley, R. D. et al. (2014, Revised Checklist of North American
Mammals North of Mexico, 2014. Museum of Texas Tech University Occasional
Papers No. 327).
................................................................................................................................................ .
56 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Appendix C Representative Site
Photographs
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 57
View of the existing Fairview Street Bridge from the top of the north bank of the
Santa Ana River channel, facing southwest.
View downstream of the existing Fairview Street Bridge, showing the proposed
construction access route on the north side of the Santa Ana River.
APPENDIX C
Sheet 1 of 3
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Representative Site Photos
I:\WKE1702\G\Site Photos-App C.cdr (3/19/2018)
1
i�
i 7L.a4
y,
�Al':'.: -
5:
Fairview Triangle Park. View facing northeast with installed native shrubs in the
foreground and the existing Fairview Street Bridge over the Santa Ana River in the
background.
View facing north along Fairview Street towards the bridge, with installed
Menzies' golden bush (Isocoma menziesii) along the edges of Fairview Triangle
Park to the west.
APPENDIX C
Sheet 2 of 3
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Representative Site Photos
I:\WKE1702\G\Site Photos-App C.cdr (3/19/2018)
View of the existing Fairview Street Bridge from the Santa Ana River Trail to the
west of the bridge, facing east.
'E
1
Potentially suitable bat roosting habitat along a hinge in the existing Fairview
Street Bridge.
APPENDIX C
Sheet 3 of 3
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Representative Site Photos
I:\WKE1702\G\Site Photos-App C.cdr (3/19/2018)
Natural Environment Study (Minimal Impacts)
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58 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project
Natural Environment Study (Minimal Impacts)
Appendix D Jurisdictional Delineation
Report
Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project 59
JURISDICTIONAL DELINEATION REPORT
FAIRVIEW STREET IMPROVEMENTS
FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT
SANTA ANA, ORANGE COUNTY, CALIFORNIA
LSA
November 2018
JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A
N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J"
SANTA ANA, CALIFORNIA
TABLE OF CONTENTS
TABLEOF CONTENTS............................................................................................................................... i
LIST OF ABBREVIATIONS AND ACRONYMS.............................................................................................
ii
INTRODUCTION..........................................................................................................
1
SITE DESCRIPTION.......................................................................................................
2
REGULATORY BACKGROUND......................................................................................
3
United States Army Corps of Engineers........................................................................................
3
Wetlands.......................................................................................................................................
5
HydrophyticVegetation.....................................................................................................................6
HydricSoils.........................................................................................................................................7
WetlandHydrology.............................................................................................................................7
Riversand Harbors Act..................................................................................................................
8
California Department of Fish and Wildlife...................................................................................
8
Regional Water Quality Control Board..........................................................................................
9
METHODOLOGY........................................................................................................
10
RESULTS...................................................................................................................
11
United States Army Corps of Engineers Jurisdiction...................................................................
11
Non -Wetland Waters of the United States......................................................................................11
California Department of Fish and Wildlife Jurisdiction.............................................................11
Jurisdictional Streambeds.................................................................................................................11
CONCLUSIONS..........................................................................................................
12
United States Army Corps of Engineers Jurisdiction...................................................................
12
California Department of Fish and Wildlife Jurisdiction.............................................................12
Regional Water Quality Control Board Jurisdiction....................................................................
12
Disclaimer....................................................................................................................................
12
REFERENCES.............................................................................................................
13
DelO4:10
Table A: Hydrophytic Vegetation........................................................................................................... 6
Table B: Delineated Corps Jurisdictional Areas.................................................................................... 12
Table C: Delineated CDFW Jurisdictional Areas................................................................................... 12
APPENDICES
A: FIGURES 1-3
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of
1987 Manual
CDFW
CFR
Corps
CWA
EPA
FAC
FACW
ft
OBL
OHWM
Porter -Cologne Act
project
Regional Supplement
RHA
RWQCB
TNW
USDA
USGS
waters of the U.S.
LIST OF ABBREVIATIONS AND ACRONYMS
degrees Fahrenheit
Corps of Engineers Wetlands Delineation Manual
California Department of Fish and Wildlife
Code of Federal Regulations
United States Army Corps of Engineers
Clean Water Act
United States Environmental Protection Agency
Facultative
Facultative Wetland
feet/foot
Obligate Wetland
Ordinary High Water Mark
California Porter -Cologne Water Quality Control Act
Fairview Street Bridge Replacement Project
Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Arid West Region (Version 2.0)
Rivers and Harbors Act
Regional Water Quality Control Board
traditionally navigable water
United States Department of Agriculture
United States Geological Survey
waters of the United States
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INTRODUCTION
The City of Santa Ana (City), in conjunction with the California Department of Transportation,
proposes to widen Fairview Street between 9th Street and 16th Street, including replacing the
Fairview Street bridge crossing over the Santa Ana River (proposed Project) in Santa Ana, California
(see Figure 1—all figures are attached in Appendix A). The purpose of the project is to reduce
congestion and improve pedestrian and bicyclist safety on Fairview Street between 9th Street and
16th Street, consistent with the Orange County Master Plan of Arterial Highways and the City's
General Plan Circulation Element.
South of 9th Street, Fairview Street provides three lanes in each direction which are reduced to two
lanes in each direction north of 9th Street, across the existing four -lane bridge, to 16th Street. The
Fairview Street segment between 9th Street and 16th Street is the only constraint for Fairview
Street to be built out to its planned width of six lanes. This condition causes a traffic "bottleneck"
during peak hours. In addition, there are no sidewalks, bikeways, or lighting on the existing bridge.
Pedestrians and bicyclists currently use the roadway shoulder to cross the bridge.
Within the project limits, Fairview Street is bordered by single-family residences and a few
commercial properties.
This Jurisdictional Delineation Report presents a description of the delineation of aquatic resources
potentially affected by the project and contains supporting information to be submitted to the
appropriate resource agencies during project environmental review and permitting.
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SITE DESCRIPTION
The project site is located on the United States Geological Survey (USGS) 7.5-minute Anaheim,
California, topographical quadrangle series map. Land uses adjacent to the project include
residential to the north, south, east, and west. The tops of the Santa Ana River banks are part of the
Santa Ana river trail system and are used recreationally.
The Jurisdictional Delineation Limits coincide with the Biological Study Area (BSA) limits and were
used to map and assess potentially jurisdictional aquatic resources that could be directly or
indirectly affected by the proposed project (see Figure 2). Elevations in the Jurisdictional Delineation
Limits range from approximately 80 to 95 feet (ft) above mean sea level. The topography of the
Jurisdictional Delineation Limits gently slopes downhill from east to west between 17th Street and
5th Street.
The regional climate is classified as Mediterranean (i.e., arid climate with hot, dry summers and
moderately mild, wet winters). The average annual precipitation is 13.6 inches. Although most of
the precipitation occurs from November through March, thunderstorms may occur at other times of
the year and can cause extremely high precipitation rates. On average, monthly high temperatures
range between 69 degrees Fahrenheit (°F) and 85°F, and monthly low temperatures range between
46°F and 647.
The Jurisdictional Delineation Limits are within the Santa Ana River Watershed, which covers an area
of approximately 210 square miles in Orange County. The headwaters of the entire 2,650-square-
mile Santa Ana River Watershed begin in the San Bernardino Mountains and cross Riverside and
Orange Counties before ultimately entering the Pacific Ocean. Flows within the Santa Ana River can
be attributed to general winter storms and local storms within the Santa Ana River Watershed.
Urban runoff and wastewater treatment plants also contribute to flows within the Santa Ana River.
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REGULATORY BACKGROUND
UNITED STATES ARMY CORPS OF ENGINEERS
The United States Army Corps of Engineers (Corps) regulates discharges of dredged or fill material
into waters of the United States (waters of the U.S.). These waters include wetland and nonwetland
bodies of water that meet specific criteria. Corps regulatory jurisdiction pursuant to Section 404 of
the Clean Water Act (CWA) is founded on a connection, or nexus, between the water body in
question and interstate commerce. This connection may be direct, through a tributary system
linking a stream channel with traditionally navigable waters (TNWs) used in interstate or foreign
commerce, or may be indirect, through a nexus identified in the Corps regulations. The following
definition of waters of the U.S. is from 33 Code of Federal Regulations (CFR) 328.3:
The term waters of the United States means:
(1) All waters which are currently used, or were used in the past, or may be
susceptible to use in interstate or foreign commerce ... ;
(2) All interstate waters including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent
streams) ... the use, degradation or destruction of which could affect interstate
or foreign commerce ... ;
(4) All impoundments of waters otherwise defined as waters of the United States
under the definition; and
(5) Tributaries of waters defined in paragraphs (a) (1)—(4) of this section.
The Corps typically regulates as waters of the U.S. any body of water displaying an Ordinary High
Water Mark (OHWM). Corps jurisdiction over nontidal waters of the U.S. extends laterally to the
OHWM or beyond the OHWM to the limit of any adjacent wetlands, if present (33 CFR 328.4). The
OHWM is defined as "... that line on the shore established by the fluctuations of water and indicated
by physical characteristics such as a clear natural line impressed on the bank, shelving, changes in
the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding area" (33 CFR 328.3). Corps
jurisdiction typically extends upstream to the point where the OHWM is no longer perceptible.
As discussed above, Corps regulatory jurisdiction under Section 404 of the CWA is founded on a
connection between the water body in question and interstate commerce. This connection may be
direct, through a tributary system linking a stream channel with TNW used in interstate or foreign
commerce, or may be indirect, through a nexus identified in the Corps regulations. In the past, an
indirect nexus could potentially be established if isolated waters provided habitat for migratory
birds, even in the absence of a surface connection to navigable water of the U.S. The 1984 rule that
enabled the Corps to expand jurisdiction over isolated waters of this type became known as the
Migratory Bird Rule. On January 9, 2001, the United States Supreme Court narrowly limited the
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Corps jurisdiction of "... nonnavigable, isolated, intrastate ..." waters based solely on the use of such
waters by migratory birds and, particularly, the use of indirect indicators of interstate commerce
(e.g., use by migratory birds that cross state lines) as a basis for jurisdiction. The Supreme Court's
ruling derives from the case Solid Waste Agency of Northern Cook County vs. United States Army
Corps of Engineers, No. 99-1178. The Supreme Court determined that the Corps exceeded its
statutory authority by asserting CWA jurisdiction over an abandoned sand and gravel pit in northern
Illinois that provided habitat for migratory birds.
In 2006, the United States Supreme Court further considered the Corps jurisdiction of "... waters of
the United States ..." in the consolidated cases Rapanos vs. United States and Carabell vs. United
States (126 Supreme Court 2208), collectively referred to as "Rapanos." The United States Supreme
Court concluded that wetlands are "waters of the United States" if they significantly affect the
chemical, physical, and biological integrity of other covered waters more readily understood as
navigable. On June 5, 2007, the Corps issued guidance regarding the Rapanos decision. After
consideration of public comments and agencies' experience, revised guidance was issued on
December 2, 2008. This guidance states that the Corps will continue to assert jurisdiction over TNW,
wetlands adjacent to TNW, relatively permanent nonnavigable tributaries that have a continuous
flow at least seasonally (typically 3 months), and wetlands that directly abut relatively permanent
tributaries. The Corps will determine jurisdiction over waters that are nonnavigable tributaries that
are not relatively permanent and wetlands adjacent to nonnavigable tributaries that are not
relatively permanent only after making a significant nexus finding. The Corps will generally not
assert jurisdiction over swales or erosional features, or ditches excavated wholly in and draining only
uplands that do not carry a relatively permanent flow of water. However, the Corps does reserve
the right to regulate these waters on a case -by -case basis.
Furthermore, the preamble to the Corps regulations at 33 CFR Section 328.3, Definitions, states that
the Corps does not generally consider the following waters to be waters of the U.S. (the Corps does,
however, reserve the right to regulate these waters on a case -by -case basis):
• Nontidal drainage and irrigation ditches excavated on dry land
• Artificially irrigated areas that would revert to upland if irrigation ceased
• Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water
and used exclusively for such purposes as stock watering, irrigation, settling basins, or rice
growing
• Artificial reflecting or swimming pools or other small ornamental bodies of water created by
excavating and/or diking dry land to retain water for primarily aesthetic reasons
• Water -filled depressions created in dry land incidental to construction activity and pits
excavated in dry land for purposes of obtaining fill, sand, or gravel unless and until the
construction or excavation operation is abandoned and the resulting body of water meets the
definition of waters of the U.S.
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In some cases, waters found to be isolated and not subject to CWA regulation may be regulated by
the Regional Water Quality Control Board (RWQCB) under the State's Porter -Cologne Water Quality
Control Act (Porter -Cologne Act), as described later in this section.
WETLANDS
Wetland delineations for Section 404 purposes must be conducted according to the Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0)
(Regional Supplement) (Corps 2008) and the Corps of Engineers Wetlands Delineation Manual
(1987 Manual) (Corps 1987). Where there are differences between the two documents, the Regional
Supplement takes precedence over the 1987 Manual.
The Corps and the United States Environmental Protection Agency (EPA) define "wetlands" as
follows:
Those areas that are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted to life in saturated soil conditions.
To be considered a jurisdictional wetland under Section 404, an area must possess three wetland
characteristics (three parameters): hydrophytic vegetation, hydric soils, and wetland hydrology.
Each characteristic has a specific set of mandatory wetland criteria that must be satisfied for that
particular wetland characteristic to be met. Several indicators may be analyzed to determine
whether the criteria are satisfied.
Hydrophytic vegetation and hydric soil indicators provide evidence that episodes of inundation have
lasted more than a few days or have occurred repeatedly over a period of years, but do not confirm
that an episode has occurred recently. Conversely, wetland hydrology indicators provide evidence
that an episode of inundation or soil saturation occurred recently, but do not provide evidence that
episodes have lasted more than a few days or have occurred repeatedly over a period of years.
Because of this, if an area lacks one of the three characteristics under normal conditions, the area is
considered nonwetland under most circumstances.
Determination of wetland limits may be complicated by a variety of natural environmental factors or
human activities, collectively called "difficult wetland situations," including cyclic periods of drought
and flooding or highly ephemeral stream systems. During periods of drought, for example, bank
return flows are reduced and water tables are lowered. This results in a corresponding lowering of
the OHWM and invasion of upland plant species into wetland areas. Conversely, extreme flooding
may create physical evidence of high water well above what might be considered ordinary and may
allow the temporary invasion of hydrophytic species into nonwetland areas. In the highly ephemeral
systems typical of Southern California, these problems are encountered frequently. In these
situations, professional judgment based on years of practical experience along with extensive
knowledge of local ecological conditions comes into play in delineating wetlands. The Regional
Supplement provides additional guidance for difficult wetland situations.
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Hydrophytic Vegetation
Hydrophytic vegetation is plant life that grows and is typically adapted for life in permanently or
periodically saturated soils. The hydrophytic vegetation criterion is met if more than 50 percent of
the dominant plant species from all strata (tree, shrub, herb, and woody vine layers) are considered
hydrophytic. Hydrophytic species are those included on the Corps most current National Wetland
Plant List (Lichvar, R.W., et al. 2016). Each species on that list is rated according to a wetland
indicator category, as shown in Table A. To be considered hydrophytic, the species must have
wetland indicator status (i.e., be rated as Obligate Wetland [OBL], Facultative Wetland [FACW], or
Facultative [FAC]).
Table A: Hydrophytic Vegetation
Category
Rating
Probability
Obligate Wetland
OBL
Almost always occur in wetlands (estimated probability > 99 percent)
Facultative Wetland
FACW
Usually occur in wetlands (estimated probability 67-99 percent)
Facultative
FAC
Equally likely to occur in wetlands and nonwetlands (estimated probability
34-66 percent)
Facultative Upland
FACU
Usually occur in nonwetlands (estimated probability 67-99 percent)
Obligate Upland
UPL
Almost always occur in nonwetlands (estimated probability > 99 percent)
The delineation of hydrophytic vegetation is typically based on the most dominant species from
each vegetative stratum (strata are considered separately). When more than 50 percent of these
dominant species are hydrophytic (i.e., FAC, FACW, or OBL), the vegetation is considered
hydrophytic. In particular, the Corps recommends the use of the "50/20" rule (also known as the
dominance test) from the Regional Supplement for determining dominant species. Under this
method, dominant species are the most abundant species that immediately exceed 50 percent of
the total dominance measure for the stratum, plus any additional species composing 20 percent or
more of the total dominance measure for the stratum.
In cases where indicators of hydric soil and wetland hydrology are present but the vegetation
initially fails the dominance test, the prevalence index must be used. The prevalence index is a
weighted average of all plant species within a sampling plot. The prevalence index is particularly
useful when communities only have one or two dominants, where species are present at roughly
equal coverage, or when strata differ greatly in total plant cover. In addition, Corps guidance
provides that morphological adaptations may be considered when determining hydrophytic
vegetation when indicators of hydric soil and wetland hydrology are present (Corps 2008). If the
plant community passes either the dominance test or the prevalence index after reconsideration of
the indicator status of any plant species that exhibit morphological adaptations for life in wetlands,
then the vegetation is considered hydrophytic.
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Hydric Soils
Hydric soils' are defined as soils that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the upper part .2 Soils are
considered likely to meet the definition of a hydric soil when one or more of the following criteria
are met:
1. All Histels except Folistels and Histosols except Folists;
2. Soils that are frequently ponded for along duration or very long duration' during the growing
season; or
3. Soils that are frequently flooded for a long duration or very long duration during the growing
season.
Hydric soils develop under conditions of saturation and inundation combined with microbial activity
in the soil that causes a depletion of oxygen. Although saturation may occur at any time of year,
microbial activity is limited to the growing season, when the soil temperature is above biologic zero
(the soil temperature, measured at a depth of 20 inches, below which the growth and function of
locally adapted plants are negligible). Biogeochemical processes that occur under anaerobic
conditions during the growing season result in the distinctive morphologic characteristics of hydric
soils. Based on these criteria, a National List of Hydric Soils was created from the National Soil
Information System database and is updated annually.
The Regional Supplement has a number of field indicators that may be used to identify hydric soils.
The United States Department of Agriculture (USDA) Natural Resources Conservation Service
(Schoeneberger 2002) has also developed a number of field indicators that may demonstrate the
presence of hydric soils. These indicators include hydrogen sulfide generation, the accumulation of
organic matter, and the reduction, translocation, and/or accumulation of iron and other reducible
elements. These processes result in soil characteristics that persist during both wet and dry periods.
Separate indicators have been developed for sandy soils and for loamy and clayey soils.
Wetland Hydrology
Under natural conditions, development of hydrophytic vegetation and hydric soils is dependent on a
third characteristic: wetland hydrology. Areas with wetland hydrology are those where the presence
of water has an overriding influence on vegetation and soil characteristics due to anaerobic and
reducing conditions, respectively (Corps 1987). The wetland hydrology parameter is satisfied if the
The hydric soil definition and criteria included in the 1987 Manual are obsolete. Users of the 1987 Manual
are directed to the United States Department of Agriculture (USDA) Natural Resources Conservation
Service website for the most current information on hydric soils.
Current definition as of 1994 (Federal Register 1994).
A long duration is defined as a single event ranging from 7-30 days. A very long duration is defined as a
single event that lasts longer than 30 days.
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area is seasonally inundated or saturated to the surface for a minimum of 14 consecutive days
during the growing season in most years (Corps 2008).
Hydrology is often the most difficult criterion to measure in the field due to seasonal and annual
variations in water availability. Indicators commonly used to identify wetland hydrology include
visual observation of inundation or saturation, watermarks, recent sediment deposits, surface scour,
and oxidized root channels (rhizospheres) resulting from prolonged anaerobic conditions.
RIVERS AND HARBORS ACT
The Rivers and Harbors Act (33 United States Code 408) is a federal law regulating activities that
may affect navigation on the nation's waterways, and a discussion of those sections follows.
Sections 9 and 10 of the Rivers and Harbors Act and Section 9 of the General Bridge Act require
authorization for structures (including bridges) in or over any navigable waters of the U.S. Navigable
waters of the U.S. are defined as those waters that are subject to the ebb and flow of the tide
and/or are presently used, or have been used in the past, or may be susceptible for use to transport
interstate or foreign commerce. Navigable waters are a subset of waters of the U.S., described
above. Under Section 10 of the Rivers and Harbors Act (RHA), Corps jurisdiction over navigable
waters of the U.S. extends from the ordinary low tide 3 nautical miles seaward ("territorial seas") to
the shoreward boundary of jurisdiction which extends to the line on the shore reached by the mean
high water. This jurisdiction extends to this edge even though portions of the water body may be
extremely shallow and are thus considered "navigable in law" although they may not be navigable in
fact (33 CFR 329.12). Work in, over, under, or affecting tidally influenced waters requires
authorization under Section 10 of the RHA.
Section 14 of the Rivers and Harbors Act, commonly referred to as "Section 408" provides that the
Secretary of the Army, on the recommendation of the Chief of Engineers, may grant permission for
the temporary occupation or use of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other
work built by the United States. Permission from the USACE is required for the use, including
modifications or alterations, of any flood control facility work built by the U.S. to ensure that the
usefulness of the federal facility is not impaired. The permission for occupation or use is to be
granted by the "appropriate real estate instrument in accordance with existing real estate
regulations." For USACE facilities, the Section 408 approval, known as Section 408 permit, is
required.
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
The California Department of Fish and Wildlife (CDFW), through provisions of the California Fish and
Game Code (Section 1600 et seq.), is empowered to issue agreements for any alteration of a river,
stream, or lake where fish or wildlife resources may be adversely affected. Streams (and rivers) are
defined by the presence of a channel bed and banks and at least an intermittent flow of water. The
CDFW regulates wetland areas only to the extent that those wetlands are part of a river, stream, or
lake as defined by the CDFW.
In obtaining CDFW agreements, the limits of wetlands are not typically determined. This is because
the CDFW generally includes, within the jurisdictional limits of streams and lakes, any riparian
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habitat present. Riparian habitat includes willows, mule fat, and other vegetation typically
associated with the banks of a stream or lake shorelines and may not be consistent with Corps
definitions. In most situations, wetlands associated with a stream or lake would fall within the limits
of riparian habitat. Thus, defining the limits of CDFW jurisdiction based on riparian habitat will
automatically include any wetland areas and may include additional areas that do not meet Corps
criteria for soils and/or hydrology (e.g., where riparian woodland canopy extends beyond the banks
of a stream, away from frequently saturated soils).
REGIONAL WATER QUALITY CONTROL BOARD
The California RWQCB is responsible for the administration of Section 401 of the CWA. Typically, the
areas subject to RWQCB jurisdiction coincide with those of the Corps (i.e., waters of the U.S.,
including any wetlands). The RWQCB may also assert authority over waters of the State under waste
discharge requirements pursuant to the Porter -Cologne Act.
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METHODOLOGY
The fieldwork for the jurisdictional delineation was conducted by field biologists Lonnie Rodriguez
and Bo Gould on February 20, 2018. Potential federal and State jurisdictional features located in the
Jurisdictional Delineation Limits were evaluated on foot and using aerial photographs.
Areas of potential jurisdiction were evaluated according to the most current Corps and CDFW
regulatory criteria and guidance. The boundaries of the potential jurisdictional areas within the
Jurisdictional Delineation Limits were observed in the field and mapped on an aerial photograph
with a scale of 1 inch = 100 ft. Measurements of federal and State jurisdictional areas mapped
during the course of the field investigation were determined by a combination of direct
measurements taken in the field and measurements taken from the aerial photograph.
Areas supporting plant species that were potentially indicative of wetlands would have been
evaluated according to routine wetland delineation procedures described in the Regional
Supplement, but none were present within the Jurisdictional Delineation Limits. Hydrological
conditions, including any surface inundation, saturated soils, scour marks, and/or other wetland
hydrology indicators were also noted. General site characteristics were also noted throughout all
potential jurisdictional areas, and photographs of potentially jurisdictional areas were taken (see
Figure 3).
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RESULTS
Based on close examination of historical and recent aerial photography and fieldwork, the
consultant biologists identified one major drainage feature occurring in the Jurisdictional
Delineation Limits (i.e. the Santa Ana River). Site -specific conditions and channel measurements
were collected and the drainage feature was mapped.
Within the Jurisdictional Delineation Limits is the Fairview bridge, a continuous nine span bridge
with reinforced concrete pier walls (see Figure 3 Representative Site Photos). The Santa Ana River
conveys an intermittent flow under the bridge and is concrete lined within the Jurisdictional
Delineation Limits. The channel bed is 180 feet wide and in the center of the channel is a linear low
flow concave channel. The banks are 41 feet in height on the east and the west sides. The tops of
the banks are earthen or asphalt and make up the Santa Ana River trail.
The Santa Ana River channel is entirely devoid of vegetation within the Jurisdictional Delineation
Limits. The vegetation at the top of the banks is ornamental and appears to be regularly maintained
along the Santa Ana River trail system. No other jurisdictional features were identified within the
Jurisdictional Delineation Limits. No sample point was dug; the entire section of the Santa Ana River
within the Jurisdictional Delineation Limits is lined with concrete.
UNITED STATES ARMY CORPS OF ENGINEERS JURISDICTION
Non -Wetland Waters of the United States
The Santa Ana River within the Jurisdictional Delineation Limits is a concrete -lined intermittent
drainage feature. This drainage conveys flows attributed to local urban runoff and from seasonal
storms. The low -flow channel located within the center of the channel bed had standing water at
the time of the survey. The Santa Ana River contained an OHWM that was determined to be 21 feet
up from the channel bed. Three measurements were taken within the trapezoidal channel of the
Santa Ana River to determine the OHWM. The first measurement was from the toe -of -slope to the
edge of the bike path under the bridge (19 ft), the second measurement was from the toe -of -slope
to the horizontal terrace located up the bank (27.2 ft), and the third measurement was from the
toe -of slope to the top of bank (43.2 ft). Using the three measurements and Google Earth historical
imagery, the OHWM was determined to be 21 ft. The river has a direct nexus to the Pacific Ocean, a
navigable water of the U.S., and is tidally influenced at its mouth. However, the tidal influence does
not extend to the Jurisdictional Delineation Limits, and there are no waters subject to jurisdiction
under Section 10 of the RHA. No wetlands were identified within the Jurisdictional Delineation
Limits.
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE JURISDICTION
Jurisdictional Streambeds
This intermittent concrete -lined drainage feature is defined by the presence of a channel bed and
bank, and therefore, CDFW would consider the entire feature to the top of the bank to be
jurisdictional.
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CONCLUSIONS
UNITED STATES ARMY CORPS OF ENGINEERS JURISDICTION
The Santa Ana River is subject to potential Corps jurisdiction pursuant to Section 404 of the CWA.
This drainage exhibits an OHWM, conveys intermittent flows, and has a direct nexus to the Pacific
Ocean (a TNW); therefore, Drainage 1 (Santa Ana River) would be considered a water of the U.S. In
addition, the Santa Ana River is a USACE facility under Section 14 ("Section 408") of the Rivers and
Harbors Act of 1899, so Section 408 permission will also be required for the Project. Table B
provides a breakdown of the drainage acreage within the study area that is subject to potential
Corps jurisdiction.
Table B: Delineated Corps Jurisdictional Areas
Drainage ID
Nonwetland Waters
Wetlands
Total Corps Jurisdiction
(acres)
(acres)
(acres)
Drainage 1 (Santa Ana River)
4.18
4.18
Note: Totals are rounded to two decimal places.
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE JURISDICTION
CDFW jurisdiction in the Jurisdictional Delineation Limits is associated with Drainage 1. This feature
is defined by a channel bed and bank, and functions as an intermittent drainage; therefore, it would
be subject to potential CDFW jurisdiction pursuant to Section 1602 of the California Fish and Game
Code. Table C provides a summary of the CDFW jurisdictional areas within the Jurisdictional
Delineation Limits.
Table C: Delineated CDFW Jurisdictional Areas
Drainage ID Total CDFW Jurisdiction (acres)
Drainage 1 (Santa Ana River) 5.55
REGIONAL WATER QUALITY CONTROL BOARD JURISDICTION
RWQCB jurisdiction was determined based on the federal definition of waters of the U.S., as
recommended by the State Water Resources Control Board's Workplan: Filling the Gaps in Wetland
Protection (2004). As such, RWQCB jurisdiction is considered coincident with Corps jurisdiction for
purposes of Section 401 certification.
DISCLAIMER
The findings and conclusions presented in this report, including the locations and extents of
wetlands and other waters subject to regulatory jurisdiction (or lack thereof), represent the
professional opinion of the consultant biologists. These findings and conclusions should be
considered preliminary until verified by the appropriate regulatory agencies.
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REFERENCES
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, Eds. 2012. The
Jepson Manual: Vascular Plants of California, second edition. Berkeley: University of
California Press.
Federal Interagency Committee for Wetland Delineation. 1989. Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. United States Army Corps of Engineers, United States
Environmental Protection Agency, United States Fish and Wildlife Service, and United States
Department of Agriculture Soil Conservation Service, Washington, D.C. Cooperative
technical publication. 76 pp., plus appendices.
Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016. National Wetland Plant List: 2016
wetland ratings. Phytoneuron 2016-30: 1-17. Published 28 April 2016. ISSN 2153 733x.
Munsell Color. 2000 (rev. ed.). Munsell Soil Color Charts. Macbeth Division of Kollmorgen New
Windsor, New York: Instruments Corporation.
Natural Resources Conservation Service. 2010. Field Indicators of Hydric Soils in the United States,
Version 7.0. L.M. Vasilas, G.W. Hurt, and C.V. Noble (eds.). United States Department of
Agriculture, Natural Resources Conservation Service, in cooperation with the National
Technical Committee for hydric soils.
Schoeneberger, P.J., D.A. Wysocki, E.C. Benham, and Soil Survey Staff. 2012. Field Book for
Describing and Sampling Soils, Version 3.0. Lincoln, Nebraska: Natural Resources
Conservation Service, National Soil Survey Center.
State Water Resources Control Board. 2004. Workplan: Filling the Gaps in Wetland Protection.
September.
United States Army Corps of Engineers. 1987. Environmental Laboratory. Corps of Engineers
Wetlands Delineation Manual. Technical Report Y-87-1. Vicksburg, Mississippi: United States
Army Engineer Waterways Experiment Station.
.1991. CECW-OR Memorandum: Questions and Answers on the 1987 Manual.
. 1992. CECW-OR Memorandum: Clarification and Interpretation of the 1987 Manual.
.2007. CECW-OR Memorandum: Clean Water Act Jurisdiction Following the United States
Supreme Court's Decision in Rapanos vs. United States and Carabell vs. United States.
2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West
Region (Version 2.0), eds., J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR-08-28.
Vicksburg, Mississippi: United States Army Engineer Research and Development Center.
Wetland Research and Technology Center. 1993. Draft Training Package, Wetland Delineator
Certification Program. Environmental Laboratory, Vicksburg, Mississippi: EP-W.
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JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS
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APPENDIX A
FIGURES 1-3
Figure 1: Project Location
Figure 2: Jurisdictional Delineation Map
Figure 3: Representative Site Photos
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FIGURE 1
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Project Location
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Southwest view, looking at the concrete pier walls of the Fairview View of The Santa Ana River Trail and the south side of the
Bridge. Fairview Bridge, looking northwest.
View of concave low flow channel in center of the channel bed
with standing water.
LSA
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View of channel bed and bank, looking southeast.
FIGURE 3
Fairview Street Improvements
from 9th Street to 16th
Street and Bridge Replacement Project
Representative Site Photos
I:\WKE3702\G\Rep Site Photos.cdr (3/1/2018)
Natural Environment Study (Minimal Impacts)
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60 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project