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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. This page intentionally left blank 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. ................................................................................................................................. . Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) This page intentionally left blank Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 ................................................................................................................................................ . Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project iii Natural Environment Study (Minimal Impacts) 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 ................................................................................................................................................ . 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 ................................................................................................................................................ . Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project v Natural Environment Study (Minimal Impacts) This page intentionally left blank Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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. ................................................................................................................................. . 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 Grove Blvd Ave �' T W 1st St Varden ��� Grove R/VERGLEN Hospital Medical Center t3 _, Q %^ E River CASA DE a View SANTIAGO FISH �, Golf v Course 4-1 19 _tA Trask Ave o �i m RIVERVIEW Z EDNA PARK WEST FLORAL Bristol Marketplace �, go W 17th s Q C rn o, Santa Ana d m ,L o College l.r Z H WASHINGT p SQUARE ° ARTESIA FILAR m Willowick Golf 2 Course Civic Center Dr W SANTA ANITA PARK u Project Vicinity Los Angeles— San\ County �i Bernardino �ounty� ,.� Orange ge \ L' County Project ~ \�1 Location N 0 1000 2000 FEET SOURCE: Bing (2015) W Sth St W Santa Ana W 3rd St W 1st St W Pine St CASA BONITA of fir+ d TOWNSENO - RAI TT aQ, LA- 4t e `^ W McFadden Ave WINDSOR VILLAGE NEW HORIZONS LEGEND Project Location CENTRAL CITY PICO-LOWEL %A O n m y N L V1 V1 FIGURE 1 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Project Location I:\WKE1702\GIS\ProjectLocation.mxd (7/10/2018) Natural Environment Study (Minimal Impacts) This page intentionally left blank 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 o ioo zoo FEET SOURCE: Google (2016); WKE (2018) - Reconstruction of Access Road 0 Potential Detour in River Grading / Revegetation / BMPS - Construction Staging Area Proposed Construction Access =E--m Potential Noise Barriers 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) Natural Environment Study (Minimal Impacts) This page intentionally left blank Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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). ................................................................................................................................................ . 32 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) This page intentionally left blank 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) This page intentionally left blank 36 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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. ................................................................................................................................................ . 38 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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 Natural Environment Study (Minimal Impacts) 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 Commercial Version -- Dated August, 3 2018 -- Biogeographic Data Branch Page 1 of 5 Report Printed on Wednesday, August 08, 2018 Information Expires 2/3/2019 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 Commercial Version -- Dated August, 3 2018 -- Biogeographic Data Branch Page 2 of 5 Report Printed on Wednesday, August 08, 2018 Information Expires 2/3/2019 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 Commercial Version -- Dated August, 3 2018 -- Biogeographic Data Branch Page 3 of 5 Report Printed on Wednesday, August 08, 2018 Information Expires 2/3/2019 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 Commercial Version -- Dated August, 3 2018 -- Biogeographic Data Branch Page 4 of 5 Report Printed on Wednesday, August 08, 2018 Information Expires 2/3/2019 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 Report Printed on Wednesday, August 08, 2018 Information Expires 2/3/2019 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 10/28/2018 lPaC: Explore Location 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 10/28/2018 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 10/28/2018 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) This page intentionally left blank 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) This page intentionally left blank 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 \\vcorpl2\projects\WKE1702\NES-MI\November 2018 Submittal\Fairview Street Improvements_Draft JD 110918.docx all/09/18» i JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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 \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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 \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» 4 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» 6 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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 \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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). \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» 10 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» 11 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS N OVEMRER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT J" $ANTA ANAL CALIFORNIA 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. \\vcorpl2\projects\WKE1702\NES-MI\November 2018 Submittal\Fairview Street Improvements_Draft JD 110918.docx u11/09/18» 12 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS A N OVEMBER 2018 FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT `J" SANTA ANA, CALIFORNIA 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. \\vcorp12\projects\WKE1702\N ES- MI\November 2018 Sub mittal\Fairview Street I m proveme nts_Draft JD 110918.docx all/09/18» 13 JURISDICTIONAL DELINEATION REPORT FAIRVIEW STREET IMPROVEMENTS N OVEMBER 201$ FROM 9TH STREET TO 16TH STREET AND BRIDGE REPLACEMENT PROJECT J" $ANTA ANAL CALIFORNIA APPENDIX A FIGURES 1-3 Figure 1: Project Location Figure 2: Jurisdictional Delineation Map Figure 3: Representative Site Photos \\vcorpl2\projects\W KE1702\NES-MI\November 2018 Submittal\Fairview Street I mprovements_Draft 1D 110918.docx u11/09/18» Grove Blvd Ave �' T W 1st St Varden ��� Grove R/VERGLEN Hospital Medical Center t3 _, Q %^ E River CASA DE a View SANTIAGO FISH �, Golf v Course 4-1 19 _tA Trask Ave o �i m RIVERVIEW Z EDNA PARK WEST FLORAL Bristol Marketplace �, go W 17th s Q C rn o, Santa Ana d m ,L o College l.r Z H WASHINGT p SQUARE ° ARTESIA FILAR m Willowick Golf 2 Course Civic Center Dr W SANTA ANITA PARK u Project Vicinity Los Angeles— San\ County �i Bernardino �ounty� ,.� Orange ge \ L' County Project ~ \�1 Location N 0 1000 2000 FEET SOURCE: Bing (2015) W Sth St W Santa Ana W 3rd St W 1st St W Pine St CASA BONITA of fir+ d TOWNSENO - RAI TT aQ, LA- 4t e `^ W McFadden Ave WINDSOR VILLAGE NEW HORIZONS LEGEND Project Location CENTRAL CITY PICO-LOWEL %A O n m y N L V1 V1 FIGURE 1 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Project Location I:\WKE1702\GIS\ProjectLocation.mxd (7/10/2018) I UL 60 40 i . , � � =- �� ���.. �` r� , � ..rP .• i �_ =fit 'r �y, 1 � J _ _- i .� x� .aka �`". � ,�'.'a F •, i, � i �r �: �' - �' ' } •�' i� -'t -.�.. - *mow!' 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 Olt — 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) This page intentionally left blank 60 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project