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HomeMy WebLinkAboutIRWD SAN DIEGO CREEK WATERSHED REVISED DRAFT EIR VOL 3*NEW FILE* IRWD SAN DIEGO CREEK WAT'" Mft w w._ w o w Irvine Ranch Water District San Diego (reek Watershed NATURAL TREATMENT SYSTEM January 1004 RlY6ID DRAii BIYIRONMBITAI IIIIA(f REPORT VoluA lI PreAORNO. , Terra (onsulting ., slat e1001021110 SAN DIEGO CREEK WATERSHED NATURAL TREATMENT SYSTEM PLAN DRAFT BIOLOGICAL RESOURCES TECHNICAL STUDY Submitted to: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, California 92618 Contact: Norris Brandt, P.E. Assistant to the General Manager (949)453-5590 Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 (714)444-9199 Contact: Gary Medeiros Senior Project Manager, Special Projects 0 January 19, 2004 San Diego Creek Watershed Natural Treatment System Draft TABLE OF CONTENTS • Section Paae 1.0 INTRODUCTION .............................................................................................................1 1.1 REGIONAL ENVIRONMENTAL SETTING...........................................................1 1.2 LOCAL ENVIRONMENTAL SETTING.................................................................2 1.2.1 Existing Regional Retrofit NTS Facility Sites: 31, 32, 49 and 42................3 1.2.2 Sites with Final Approval by City Local Lead Agency that are Constructed — Project Level CEQA Documentation Previously Completed: 31, 32, 49 and42:......................................................................................................4 1.2.3 Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Approved. • 16, 18, 22, 50, 51, 52, 70A, 70B, 70C, and 71:...........................................................5 1.2.4 Sites Addressed Only in NTS.EIR (Regional Retrofit Sites): 26, 27, 53, 54, 55, 56, 62, 64 and 67................................................................................ 6 1.2.5 Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior to Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR: 9, 10, 11, 12A-G and 61:....................8 1.3 PROJECT DESCRIPTION.................................................................................11 1.4 SITE EVALUATION...........................................................................................13 1.4.1 Assessment............................................................................................14 1.4.2 State and Federal Resource Agency Consultation..................................15 1.4.3 Detailed Vegetation Mapping and Preliminary Jurisdictional Wetlands Assessments..........................................................................................15 1.4.4 NTS Facility Design Refinement.............................................................16 • 1.4.5 Minimization Measures...........................................................................16 2.0 SURVEY METHODOLOGIES.......................................................................................16 2.1 VEGETATION MAPPING AND SPECIAL STATUS PLANT LITERATURE REVIEW.............................................................................................................17 2.2 GENERAL WILDLIFE SURVEYS AND SPECIAL STATUS WILDLIFE LITERATUREREVIEW......................................................................................17 3.0 EXISTING BIOLOGICAL RESOURCES.......................................................................18 3.1 VEGETATION TYPES.......................................................................................18 3.1.1 Sagebrush Scrub(2.3)............................................................................18 3.1.2 Southern Cactus Scrub(2.4)...................................................................23 3.1.3 Sage Scrub -Grassland Ecotone(2.8.1)...................................................23 3.1.4 Toyon-Sumac Chaparral(3.12)...............................................................23 3.1.5 Annual Grassland(4.1)...........................................................................24 3.1.6 Southern Needlegrass Grassland(4.3)...................................................24 3.1.7 Ruderal(4.6)...........................................................................................24 3.1.8 Freshwater Swale(5.4)...........................................................................24 3. f.9 Salt Marsh (6.1)......................................................................................24 3.1,10 Freshwater Marsh(6.4)...........................................................................25 3.1.11 Herbaceous Riparian(7.1)......................................................................25 3.1.12 Willow Riparian Scrub(7.2).....................................................................25 3.1.13 Mule Fat Scrub (7.3)...............................................................................25 3.1.14 Sycamore Riparian Woodland (7.4)........................................................25 3.1.15 Coast Live Oak Riparian Forest(7.5)......................................................26 3.1.16 Arroyo Willow Riparian Forest(7.6)......................................................... 26 3.1.17 Black Willow Riparian Forest (7.7)..........................................................26 R:Nrolecle\IRW01elo TeWNTS 1-3-011804 COC i Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 3.1.18 Cottonwood -Willow Riparian Forest(7.8)................................................26 • 3.1.19 Open Water (12.1).................................................................................. 26 3.1.20 Basins(12.3)...........................................................................................27 3.1.21 Perennial Rivers and Streams (13.1)......................................................27 3.1.22 Ephemeral Drainages and Washes(13.3)...............................................27 3.1.23 Flood Control Channels (13.4)................................................................27 3.1.24 Dryland Crops(14.1)...............................................................................27 3.1.25 Irrigated (14.2)........................................................................................27 3.1.26 Vineyard and Orchard(14.3)...................................................................27 3.1.27 Nurseries (14.6)......................................................................................28 3.1.28 Urban and Commercial(15.1).................................................................28 3.1.29 Transportation (15.4)..............................................................................28 3.1.30 Ornamental Landscaping(15.5).............................. ......... I ... I ................... 28 3.1.31 Other Developed Areas (15.6)................................................................28 3.1.32 Disturbed or Barren (16.1)......................................................................28 3.2 WILDLIFE INVENTORY.....................................................................................28 3.2.1 Wildlife....................................................................................................28 3.2.2 Wildlife Movement..................................................................................32 3.3 SPECIAL STATUS BIOLOGICAL RESOURCES...............................................33 3.3.1 Definitions of Special Status Biological Resources..................................36 3.3.2 Special Status Plants..............................................................................44 3.3.3 Special Status Wildlife.............................................................................51 3.3.4 Special Status Vegetation Types............................................................ 60 3.4 APPLICABLE PLANS, POLICIES AND REGULATORY PROCESSES..............62 3.4.1 Local General Plans................................................................................62 • 3.4.2 Bay and Ocean Water Quality.................................................................64 3.4.3 Natural Community Conservation Plan...................................................66 3.4.4 Special Area Management Plan..............................................................74 3.4.5 USACOE 404 Permit Process................................................................. 74 3.4.6 California Department of Fish and Game Streambed Alteration Agreement 75 3.4.7 California Department of Fish and Game Wild and Scenic Rivers Designation............................................................................................. 75 3.4.8 California Department of Fish and Game Code Section 3503................. 76 3.4.9 RWQCB 401 Permit Process..................................................................76 3.4.10 National Pollutant Discharge Elimination System....................................76 3.4.11 Drainage Area Management Plan (DAMP)..............................................77 3.4.12 Migratory Bird Treaty Act........................................................................77 4.0 PROJECTIMPACTS....................................................................................................79 4.1 INTRODUCTION...............................................................................................79 4.2 SIGNIFICANCE CRITERIA................................................................................79 4.3 DIRECT CONSTRUCTION IMPACTS...............................................................81 4.3.1 Regional and Local NTS Facility Plant and Vegetation Type Impacts..... 81 4.3.2 Regional and Local NTS Facility Special Status Plant Species Impacts107 4.3.3 Regional and Local Facility Special Status Wildlife Species Impacts.... I I I 4.4 MAINTENANCE AND OPERATION DIRECT IMPACTS..................................117 4.4.1 NTS Facility Plant Habitat.....................................................................123 4.4.2 NTS Facility Wildlife Habitat.................................................................124 4.5 INDIRECT IMPACTS.......................................................................................141 4.5.1 Noise Impacts......................................................................................141 4.5.2 Increased Dust and Urban Pollutants...................................................142 4.5.3 Selenium Bioaccumulation and Toxicity to Wildlife...............................142 R.1ProjedsVRWDI8ioTech1NTS 1-3-0118M DOG II Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 5.0 MITIGATION PROGRAM............................................................................................149 • 5.1 PROJECT DESIGN FEATURES.....................................................................149 5.2 STANDARD CONDITIONS AND REQUIREMENTS........................................149 5.3 MITIGATION MEASURES...............................................................................149 6.0 LEVEL OF SIGNIFICANCE AFTER MITIGATION......................................................153 7.0 REFERENCES............................................................................................................153 APPENDICES A NTS Facility Site Biological Resources B Bioaccumulation Report C Cumulative Impact Analysis LIST OF TABLES Table PPaC e 1 Existing Vegetation........................................................................................................20 2 Special Status Plant Species with Potential to Occur in the Vicinity of Local NTS FacilitySites34 3 .................................................................................................................. Special Status Wildlife Species Known to Occur in the Project Region .......................... 35 4 Summary of Site 26 Jurisdictional Impacts....................................................................87 • 5 6 Summary of Site 27 Jurisdictional Impacts....................................................................88 Summary of Site 53 Jurisdictional Impacts....................................................................88 7 Summary of Site 54 Jurisdictional Impacts....................................................................89 8 Summary of Site 55 Jurisdictional Impacts....................................................................89 9 Summary of Site 56 Jurisdictional Impacts....................................................................90 10 Summary of Site 62 Jurisdictional Impacts....................................................................92 11 Summary of Site 64 Jurisdictional Impacts....................................................................93 12 Permanent Vegetation Impacts.....................................................................................94 13 Temporary Vegetation Impacts......................................................................................98 14 Wildlife Species with Potential to Occur Within Operating Regional Retrofit and ExistingRegional Facilities...........................................................................................125 15 Grassland Acreages within 5 Kilometers.......................................................................14C LIST OF FIGURES Figure Follows.Paae 1 Study Area......................................................................................:...............................1 2a-b NTS Facility Site Locations.............................................................................................2 3 Site 46 San Joaquin Marsh — Augmentation ................................ (located in Appendix A) 4 Site 39 Sand Canyon Reservoir ................................................... (located in Appendix A) 5 Site 13 Rattlesnake Reservoir...................................................... (located in Appendix A) 6 Site 31 PA 17 West Basin............................................................ (located in Appendix A) 7 Site 32 PA 17 East Basin............................................................. (located in Appendix A) 8 Site 42 PA 17 — Center Basin ....................................................... (located in Appendix A) 9 Site 42 PA 27 Turtle Ridge North ................................................. (located in Appendix A) 10 Site 16 Trabuco Retarding Basin .................................................. (located in Appendix A) R.Tm1eclsuRWD'Bio TooMTs 1-3-011804 Doc m Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • • Ll 11 Site 18 Marshburn Retarding Basin .............................................. (located in Appendix A) 12 Site 22 MCAS El Toro — Agua Chinon Lower ............................... (located in Appendix A) 13 Site 50 MCAS El Toro — Irvine Auto Center .................................. (located in Appendix A) 14 Site 51 MCAS El Toro — Serrano .................................................. (located in Appendix A) 15 Site 52 MCAS El Toro — Bee Canyon ........................................... (located in Appendix A) 16a Site 70A Agua Chinon (Multiple Basins) ....................................... (located in Appendix A) 16b Site 70B Agua Chinon (Multiple Basins) ....................................... (located in Appendix A) 16c Site 70C Agua Chinon (Multiple Basins) ....................................... (located in Appendix A) 17 PA 6 Marshburn........................................................................... (located in Appendix A) 18 Site 26 Woodbridge In -Line Channel Basins ................................ (located in Appendix A) 19 Site 27 Barranca Off -Line Wetlands ............................................. (located in Appendix A) 20 Site 53 Caltrans SR-133/1-5 Interchange ...................................... (located in Appendix A) 21 Site 54 Caltrans SR-261/Walnut Avenue ...................................... (located in Appendix A) 22a Site 55 Santa Ana/Santa Fe -Channel ........................................... (located in Appendix A) 22b Site 55 Santa Ana/Santa Fe Channel ........................................... (located in Appendix A) 23 Site 56 El Modena Park................................................................ (located in Appendix A) 24 Site 62 San Joaquin Marsh — SAMS1........................................... (located in Appendix A) 25a Site 64 West Park In -Line Basins ................................................. (located in Appendix A) 25b Site 64 West Park In -Line Basins ................................................. (located in Appendix A) 26a Site 67 Cienegade Las Ranas (Northern Section) ........................ (located in Appendix A) 26b Site 67 Cienegade Las Ranas (Middle Section) ........................... (located in Appendix A) 26c Site 67 Cienegade Las Ranas (Southern Section) ........................ (located in Appendix A) 27 Site 9 PA-1 Easffoot Retarding Basin ........................................... (located in Appendix A) 28 Site 11 Orchard Estates Retarding Basin ..................................... (located in Appendix A) 29 Site 10 PA-1 Easffoot Upper ........................................................ (located in Appendix A) 30a Site 12A PA-1 Lower Orchard Estates (Multiple Basins) ............... (located in Appendix A) 30b Site 12B PA-1 Lower Orchard Estates (Multiple Basins) ............... (located in Appendix A) 30c Site 12C PA-1 Lower Orchard Estates (Multiple Basins) .............. (located in Appendix A) 30d Site 12D PA-1 Lower Orchard Estates (Multiple Basins) .............. (located in Appendix A) 30e Site 12E PA-1 Lower Orchard Estates (Multiple Basins) ............... (located in Appendix A) 30f Site 12F PA-1 Lower Orchard Estates (Multiple Basins) ............... (located in Appendix A) 30g Site 12B PA-1 Lower Orchard Estates (Multiple Basins) ............... (located in Appendix A) 31 Site 61 Eastfoot Lower................................................................. (located in Appendix A) 32 Site 68 PA-18............................................................................... (located in Appendix A) 33a Site 69a PA-39 (Multiple Basins) .................................................. (located in Appendix A) 33b Site 69b PA-39 (Multiple Basins) .................................................. (located in Appendix A) 33c Site 69c PA-39 (Multiple Basins) .................................................. (located in Appendix A) 33d Site 69d PA-39 (Multiple Basins) .................................................. (located in Appendix A) 33e Site 69e PA-39 (Multiple Basins) .................................................. (located in Appendix A) 34 Grassland Analysis........................................................................................................41 R:%P1ojectS\IRWMB10 TecMNTS 1.3-011804.00C Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • 1.0 INTRODUCTION This Biological Resources Technical Study has been prepared for the Irvine Ranch Water District (IRWD) to support the California Environmental Quality Act (CEQA) documentation for the proposed San Diego Creek Watershed Natural Treatment System (NTS) plan. This information has been reported in accordance with accepted scientific and technical standards that are consistent with the requirements of the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). This Biological Resources Technical Study incorporates plant and wildlife surveys and technical data from the following documents/databases: San Diego Creek Watershed Natural Treatment System Master Plan (GeoSyntec 2003); California Natural Diversity Database (CNDDB 2001); California Native Plants Society Electronic Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001); California Wildlife Habitat Relationships Database System (CDFG 1991); General Wildlife Survey — Planning Areas (PA) 18 and 39 (Dudek & Associates 2002); NTS Plan Species Biology (Harmsworth and Associates 2002); Biological Resources Technical Report for Planning Area 1 (Dudek & Associates 2002); Biological Technical Report for Planning Area 17 (BonTerra Consulting 2000 and Harmsworth and Associates 2002); Biological Technical Report of Findings for the Millennium Plan Phase II (Chambers Group, Inc., 1999); Northern Sphere EIR, June 4, 2002; Santiago Hills EIR, November 14, 2000; EIR/EIS for Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin, December 1999; and Central Coastal Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), NCCP/HCP Implementation Agreement, and EIR/EIS 553. General plant and wildlife surveys of the NTS facility sites were conducted on January 3, 4, 12, • April 12, 17, October 17 and 31, 2002, and February 27, 2003, by BonTerra ecologists. Vegetation types were mapped on aerials during site visits. Plant species were identified in the field or collected for later identification. During the surveys, the project sites were evaluated for their potential to support special status plant and wildlife species that are known or are expected to occur in the region. All wildlife species detected during the course of the surveys were documented in field notes. No focused plant or wildlife surveys were conducted during these site visits. A literature review was conducted prior to the initiation of general surveys in order to determine the potential special status plant and wildlife species known to occur in the project region that may occur on the project sites. The California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001) and CDFG's Natural Diversity Database (CNDDB) (CDFG 2001) were reviewed. In addition, special status species lists published by the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) were also reviewed. 1.1 REGIONAL ENVIRONMENTAL SETTING The San Diego Creek watershed (hereafter referred to as the study area) consists of approximately 122 square miles within Orange County and encompasses the cities of Irvine and Tustin, and portions of the cities of Lake Forest, Laguna Hills, Newport Beach, Orange, Santa Ana, and unincorporated Orange County. The regional location of the San Diego Creek watershed is presented in Figure 1. The study area encompasses portions of the Laguna, Tustin, Orange, Black Star Canyon, El Toro, San Juan Capistrano,. and Santiago Peak United States Geological Survey (USGS) 7.5 x 15-minute quadrangle maps. The eastern portion of the study area is bordered to the south by the San Joaquin Hills and to the north by the Santiago Hills. Peak elevations in the San Joaquin and Santiago Hills are R:PrelcasuRwD1aio Techwrs 1-3-01ieoa.Doc 1 Biological Resources Technical Study 7Am 4 c m Tustin f n s a, Unincorporated G,,,,,, a� �c L Q�0 ��O Irvine Bony 0 C4 v c`� sand canton wa.h an 01090 1/ Bonita Creek V,•w purl speto' K L3N2C F, gonite i)nn,,n COMO a, 6J s C c o, L_d.r oast cP� cant° j� B°t`eyn e le j\) Sorrano � 1 laguna \ Hills Laguna San Diego Creek Watershed San Diego Creek Watershed Natural Treatment System Plan EIR N 2.25 0 2.25 Mils 0 San Diego Creek Watershed Freeways and State Routes Channels and Drainage Features Figure 1 C G N S U i T I N G S101S E bWRW01p01 SOLW_12 ixlf San Diego Creek Watershed Natural Treatment System Draft • 1,160 feet and 1,775 feet above mean sea level (msl), respectively. Slopes in these foothill regions range between 10 and 75 percent. The central portions of the study area occur in the Tustin alluvial plain, which slopes gently to the west and connects with the coastal alluvial plain. Elevations in the Tustin alluvial plain are between approximately 100 feet to 400 feet amsl, with slopes ranging between zero and 10 percent. The coastal plain is relatively flat. San Diego Creek and its main tributary, Peters Canyon Wash, are the primary drainage channels in the study area. The Tustin and coastal alluvial plains within the study area have experienced widespread historical agricultural uses and more recently rapid urbanization. Within a total area of 76,410 acres, 63,300 acres of land are projected to be developed for agriculture, commercial, industrial, recreational, residential, transportation, and flood control purposes by the year 2020. Agricultural uses and urban development within the study area have perpetuated the channelization of major portions of the San Diego Creek and Peters Canyon Wash and deterioration of water quality in San Diego Creek. Coincident with water quality degradation has been a reduction in the quantity and value of natural resources and wildlife habitat within the watershed. San Diego Creek flows into Upper Newport Bay, which contains the 752-acre Upper Newport Bay Ecological Reserve, one of the largest remaining coastal estuaries in Southern California. Upper Newport Bay has been designated as an impaired water body by the state of California. 1.2 LOCAL ENVIRONMENTAL SETTING The NTS Plan consists of 31 sites within the cities of Irvine, Tustin, Lake Forest, Newport Beach, Orange, and unincorporated Orange County. Locations of the 31 sites within the study area are presented in Figures 2a and 2b. Site locations, descriptions, and elevations for NTS • facility sites are discussed below and summarized in Table 1. All of the NTS Facility sites are located within the San Diego Creek Watershed. The Biological Technical Report has been organized to evaluate the implementation of the NTS Plan will include facilities requiring no construction to operate, facilities that have been constructed or are under construction, and those to be constructed as part of a planned community. This section identifies biological resources known to occur or having habitat suitable for their use using the following approach: • Existing Regional Sites: These are existing NTS facilities that have been incorporated into the program because each facility contributes to the overall water quality treatment system but require no additional construction. These would include Regional Facility Sites 46, 13, and 39. • Sites with Final Approval by City Local Lead Agency that are Constructed — Project Level CEQA Documentation Previously Completed: These are NTS facilities with CEQA documentation certified by the local lead agency that already addresses construction -level impacts and are either constructed or under construction. These include facility Sites 31, 32, 49 and 42. • Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Approved: These are facilities with CEQA documentation certified by the local lead agency that has already addressed construction level impacts but have not been constructed. These include facility Sites 16, 18, 22, 50, 51, • 52, 70A, 70B, 70C, and 71. R:IProjedlsuRwol6Jo T"bXNTs 1.3-011804 ooc 2 Biological Resources Technical Study El y E f z If 11 -- "" El raeN � Hart S t/agoG Palk Parts 22 _ SITE 56" Fairhaven Hereon ell Park i Park Zoo/ Park II 1 II Park } p //'N Location of NTS Plan Facilities San Diego Creek Watershed Natural Treatment System Plan EIR NNr�— t E a 0.75 0 0.75 1.5 MAes Tustin Cenkmnial Pa k Tustln M R:Corps Reserve IrvineReipormi� I zoxz� Fremont Ga* hwM Laka Peters Canyon Regional Park Site 12G Site 10 l— Site 9 *�+� Gall ) lal Site 61 Site 11 Tuann nand, Site 12F / GO Course d Site 12E r Site 12A Site 12B Z" f SITE 13 vo,CO- Raftonake oir 9 MBadoaood R6aBlY0d' Q QP Park R Site 12C Whiling Ranch a° Ca Wilderness o� Park ` Site 12D 0 Fig u r e 2 a r—r ii1W • Regional Sites (QExistingFacilities/Reservoirs) • Local Sites (Q Existing/Under Construction) — Watershed Boundary 0 Potential Area for Locating Site 67 •FacaNes lath US Amry Corps or Engineers (USACOE) Jurisdiction Irl't1� San Diego Creek Watershed Natural Treatment System Draft • Sites Addressed Only in NTS EIR (Regional Retrofit Sites): These include facility Sites 26, 27, 53, 54, 55, 56, 62, 64 and 67. Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior to Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR: These include facility Sites 9, 10, 11, 12A-G and 61. • Sites for Which Applications and CEQA Review Will Follow Certification of NTS EIR: These include facility Sites 68 and 69A-E. 1,2.1 Existing Regional Retrofit NTS Facility Sites: 31, 32, 49 and 42: Existing NTS facility Sites 13 and 39 are water quality treatment facilities and will continue to be operated and maintained as have in the past. Site 46 will continue to be operated as a water quality treatment facility with increased flows into the facility for additional water quality treatment. No construction -related impact resulting from the implementation of the NTS Plan will occur. These sites are described as follows: Site 13 — Rattlesnake Reservoir This existing Regional NTS Facility is the Rattlesnake Reservoir in unincorporated Orange County within the City of Irvine's sphere of influence. The site consists of an existing man-made reservoir used for agricultural irrigation and owned and operated by The Irvine Company. Surrounding areas consist primarily of orchards with some natural open space. The topography of the site varies, with elevations ranging from approximately 410 to 500 feet amsl. This site is • within Section 20 of the El Toro U.S. Geological Survey (USGS) 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. ri U Site 39 — Sand Canyon Reservoir This existing Regional NTS Facility is the Sand Canyon Reservoir in the City of Irvine. This site consists of an existing man-made reservoir used for agricultural irrigation. Surrounding areas consist of residential development, recreation (i.e., Strawberry Farms golf course), and natural open space. Topography on the project site is characterized by gently sloping hills with elevations ranging from approximately 160 to 210 feet amsl. This site is within Section 14 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 46 — San Joaquin Marsh - Augmentation This existing NTS Regional Facility is located within the San Joaquin Marsh within the Irvine Ranch Water District Michelson Water Reclamation Plant site northwest of the intersection of Michelson Drive and Riparian Way and immediately adjacent to the San Diego Creek in the City of Irvine. This site consists of a six -pond water treatment wetland covering approximately 45 acres. Topography on the site is characterized by flat terrain with elevations ranging from approximately 10 to 20 feet amsl. This site is within Section 8 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. R �PmledsuRwMeloTeChINTS 1.3-011804.00c 3 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 1.2.2 Sites with Final Approval by City Local Lead Agency that are Constructed — Prolect Level CEQA Documentation Previously Completed. 31, 32, 49 and 42: Site 31— PA 17 — West Basin This Local NTS Facility is an existing retarding basin located near the southwest corner of the intersection of Sand Canyon Avenue and the 1-405 in the City of Irvine. This site is intended to serve the Planning Area 17 (PA 17) development and underwent CEQA analysis during the PA 17 approval process. The site is currently devoid of vegetation but will receive landscape enhancement both within and adjacent to the facility as part of the PA 17 development. Topography on the site is relatively flat with an approximate elevation of 150 feet amsl. The site is within Section 13 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 32 — PA 17 — East Basin This Local NTS Facility is currently under construction as a retention basin intended to serve a portion of PA 17. Construction of this facility underwent CEQA analysis during the PA 17 approval process. The site is located adjacent to the southwest corner of the intersection of Laguna Canyon Road and the 1-405 In the City of Irvine. The site is disturbed as a result of this construction and contains no vegetation. Topography on the site is relatively gentle to flat with elevations ranging from approximately 200 to 210 feet amsl. The site is within Section 13 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 49 — PA 17 — Center Basin This Local NTS Facility is an existing retarding basin located Immediately adjacent to the • southeast corner of the intersection of Sand Canyon Avenue and the 1-405 in the City of Irvine. This site is intended to serve the PA 17 development and underwent CEQA analysis during the PA 17 approval process. The area in and around the basin is disturbed by the current development operations but will receive landscape enhancement both within and adjacent to the facility. Topography on the site is relatively flat with elevations ranging from approximately 180 to 200 feet amsi. The site is within Section 13 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 42 — PA 27 — Turtle Ridge North This Local NTS Facility Is an existing series of retention basins constructed to serve a portion of Planning Area 27 (PA 27). The site is located immediately adjacent to and along the south side of Shady Canyon Drive between Sierra Santo and Sierra Raton roads in the City of Irvine. This site Is currently under construction as a water quality basin for The Irvine Company's PA 27 development. Construction of this facility underwent CEQA analysis during the PA 17 approval process. The site is disturbed and contains no vegetation. Topography on the site is moderate to irregular with elevations ranging from approximately 200 to 250 feet amsl. The site is within Section 16 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Ru1ProJec1sWiWM1orechWTs 1a"m 1804.00c 4 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • 1.2.3 Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Approved: 16, 18, 22, 50, 51, 52, 10A, 70B. 70C, and 71: Site 16 — Trabuco Retarding Basin This Local NTS Facility is the existing Trabuco Retarding Basin located at the northeast corner of Jeffrey Road and Trabuco Road in unincorporated Orange County. The retarding basin was constructed to retain storm flows for current and future land uses. The site is highly disturbed. A portion of the site is currently used as a golf driving range. Topography on the site is relatively flat with elevations ranging from approximately 220 to 230 feet amsl. The site is within Section 31 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Site 18 — Marshburn Retarding Basin This Local NTS Facility is the existing Marshburn Retarding Basin located to the north of Irvine Boulevard approximately one -quarter mile east of the SR-241 within Department of Navy lands (i.e., former MCAS El Toro). The retarding basin was designed to manage runoff from the current surrounding agricultural operations, as well as the future development of these areas and conveys flows to the Marshburn Channel. Topography on the site is relatively flat with elevations ranging from approximately 380 to 420 feet amsl. The site is within Section 33 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Site 22 — MCAS El Toro — Agua Chinon • This Local NTS Facility is located within the former MCAS El Toro within a disturbed area adjacent to and north of the Orange County Transportation Authority (OCTA) Metrolink railroad, approximately one-half mile northwest of Alton Parkway. Topography on the site is relatively flat with an approximate elevation of 280 feet amsl. The site is within Section 17 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 50 — MCAS El Toro — Irvine Auto Center This Local NTS Facility is located on a portion of the former MCAS El Toro an area currently being used for agricultural purposes (i.e., strawberry farm) and adjacent to and north of 1-5 approximately one -quarter mile south of the 1-5/1-405 interchange. Topography on the site slopes gently from north to south with elevations ranging from approximately 260 to 300 feet amsl. The site is within Section 21 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 51 — MCAS El Toro - Serrano This Local NTS Facility is an existing agricultural operation (i.e., strawberry farm) within a portion of the former MCAS El Toro Marine Corps Air Station and is located immediately adjacent to the east side of'Serrano Creek and approximately 300 feet south of the intersection of Muirlands Boulevard and Alton Parkway. Topography on the site slopes gently from south to north with elevations ranging from approximately 280 to 300 feet amsl. The site is within Section 16 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and • Range 8W. R1PmJaasl1RW D'B10 Tech1NTS I-3 118e4.CCC 5 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Dmft Site 52 — MCAS EI Toro — Bee Canyon 0 This Local NTS Facility consists of vacant land located along the eastern edge of the Bee Canyon channel on the western edge of the former EI Toro Marine Corps Air Station Immediately adjacent to the north of OCTA Metrolink Railroad approximately one-half mile east of SR-133. Topography on the site is relatively flat with elevations ranging from approximately 250 to 260 feet amsl. The site is within Section 8 of the EI Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 70A— PA 6 —Agua Chinon Channel This local NTS facility consists of agricultural lands located northwest of and immediately adjacent to Ague Chinon Retention basin and Ague Chinon Channel. The site is currently used as a nursery. Topography on the site is relatively flat with elevations ranging from approximately 250 to 260 feet amsl. The site is within Section 8 of the EI Toro USGS 7.5 x 15- minute quadrangle map at Township 6S and Range 8W. Site 708 — PA 6 — Agua Chinon Channel This local NTS facility consists of agricultural lands located northwest of and immediately adjacent to Agua Chinon Channel just downstream and west of NTS Site 70A. The site is currently used as a nursery. Topography on the site is relatively flat with elevations ranging from approximately 250 to 260 feet amsl. The site Is within Section 8 of the EI Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 70C — PA 6 — Agua Chinon Channel • This local NTS facility consists of agricultural lands located northwest of and immediately adjacent to Agua Chinon Channel just downstream and west of NTS Site 70B. The site is currently used as a nursery. Topography on the site is relatively flat with elevations ranging from approximately 250 to 260 feet amsl. The site is within Section 8 of the EI Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 71 - PA 6 — Marshburn This local NTS facility consists of agricultural lands located southeast of the intersection of Irvine Boulevard and Eastern Transportation Corcidor SR-133. The site is currently used as a nursery. Topography on the site is relatively flat with elevations ranging from approximately 250 to 260 feet amsl. The site is within Section 8 of the EI Toro USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. 1.2.4 Site 26 — Woodbridge In -Line Basins This NTS Regional Facility is located within the San Diego Creek between Jeffrey Road and Culver Drive in the City of Irvine. The project area portion of the channel is earthen -sided, soft - bottomed and contains a series of concrete drop/grade control structures. Surrounding areas consist of residential, recreational trails, institutional and commercial/retail land uses. Topography on the site is characterized by flat terrain with elevations ranging from awro*uaawo 810Tahoas taonewnoo 6 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System approximately 100 to 110 feet amsl. This site is found in Section 2 of the Tustin USGS 7.5 x 15- minute quadrangle map at Township 6S and Range 9W. Site 27 — Barranca Off -Line Wetlands This NTS Regional Facility is located within a historic area of San Diego Creek, north of Barranca Parkway between Jeffrey Road and Sand Canyon Avenue in the City of Irvine. This site was enhanced with riparian plant species for mitigation purposes unrelated to this project. Surrounding areas consist of San Diego Creek to the west, agricultural, residential and Irvine Valley Community College land uses to the east. Topography on the site is characterized by flat terrain with elevations ranging from approximately 110 to 140 feet amsl. This site is found in Section 12 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 53 — Caltrans SR-133linterstate 5 Freeway (1-5) Interchange This NTS Regional Facility is located on the northwest corner of the interchange of Interstate 5 (1-5) and State Route 133 (SR-133) in the City of Irvine. This site is an existing Caltrans detention basin installed to manage runoff originating from SR-133. Surrounding site drains into Marshburn Channel to the south. Surrounding areas consist of agricultural, retail/commercial, and transportation land uses. Topography on the site is relatively flat with elevations ranging from approximately 220 to 230 feet amsl. This site is within Section 7 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 8W. Site 54 — Caltrans SR-2611Walnut Ave. • This NTS Regional Facility is located immediately adjacent to, and northwest of, Peters Canyon Wash and southeast of the intersection of Jamboree Road and Walnut Avenue in the City of Irvine. The site is an existing groundwater treatment plant installed, operated, and maintained by Caltrans. Surrounding land uses consist primarily of Peters Canyon Wash and Harvard Athletic Park to the south and east and Jamboree Road and commercial uses to the west and north. Topography on the site is relatively flat with elevations ranging from approximately 70 to 80 feet amsl. This site is within Section 23 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 55 — Santa Ana/Santa Fe Channel In -Line Basins This NTS Regional Facility is located within the Santa Ana/Santa Fe Channel immediately adjacent to the north side of East Edinger Avenue and extending for approximately one mile to the south of Red Hill Avenue in the City of Tustin. Surrounding areas consist of residential, Metrolink railroad line, industrial, and the closed Marine Corps Air Station (MCAS) Tustin land uses. The channel is a riprap-lined, soft -bottomed trapezoidal facility owned and operated by the Orange County Flood Control District. Topography within the channel consists of relatively flat terrain with elevations ranging from approximately 60 to 70 feet amsl. This site is within Section 28 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 56 — El Modena Park • This NTS Regional Facility is located within El Modena Park in the City of Orange. This site consists of an existing peak flow -retarding basin owned and operated by the Orange County R:1Prgectsl1RWD0oTeWNTS 1•3-011804 DOC 7 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Flood Control District. The site is also used as a community park for passive recreation. Surrounding areas consist of the community park, and residential, educational, and recreational land uses. Topography Is relatively flat with elevations ranging from approximately 265 to 280 feet amsl. This site is within Section 34 of the Orange USGS 7.5 x 15-minute quadrangle map at Township 4S and Range 9W. Site 62 — San Joaquin Marsh — SAMS 1 This NTS Regional Facility is located between an existing riparian mitigation site and the University of California Natural Reserve System to the south of Campus Drive In the City of Irvine. This site is immediately adjacent and northwest of the San Diego Creek and southwest of the main San Joaquin Marsh water treatment facility (NTS Site 46). Topography consists of relatively flat terrain ranging from approximately 10 to 25 feet amsl. This site is wlthih Section 8 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 6S and Range 9W. Site 64— West Park In -Line Basins This NTS Regional Facility is located within the Peters Canyon Wash between 1-5 and Barranca Parkway to Its confluence with San Diego Creek extending south to Interstate 405 (1-405). This site extends for approximately 3.75 miles within Peters Canyon Wash through areas containing a variety of land Uses including residential, commercial, retail, Tustin Marine Corps Air Station (MCAS), recreational, agricultural and educational. The site consists of a soft -bottom flood control channel with a series of concrete grade control structures and rip -rap lined banks. Topography consists of relatively flat terrain ranging from approximately 15 to 35 feet amsl. This site Is within Section 33 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 67 — Cienega de Las Ranas As noted on Figures 2a and 2b, Site 67 would consist of multiple facilities that could be located adjacent to Peters Canyon Wash in the area between 1-405 and 1-5 because this is the area where runoff containing selenium is known to occur. Alternative locations for Site 67 facilities are being considered in the general vicinity identified in Figures 2a and 2b; however, at this time only one facility is proposed for construction on a parcel surrounded by Barranca Parkway to the south, Peters Canyon Channel to the west, MCAS Tustin housing to the north, and Harvard Avenue to the east. This site is referred to as the Irvine Unified School District (IUSD) Proposed Cienega Site. Additional selenium sites, at locations to be determined, will be decided at a later date but the general design is to construct selenium treatment wetland facilities on approximately 15 acres of sites in the vicinity of lower Peters Canyon Wash, or adjacent to San Diego Creek below the confluence with Peters Canyon Channel. 1.2.5 Site 9 — PA 1— East Foot Retarding Basin This Local NTS Facility is located In Rattlesnake Canyon approximately one mile northeast of the intersection of Portola Parkway and the SR-261 in unincorporated Orange County. The site consists of land currently being used for agricultural operations (i.e., strawberry farm with • eucalyptus windrows). Topography on the site is relatively flat with elevations ranging from RVrOJxUvawolelo TechWTs 1,1011B04 oac 8 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • approximately 380 to 410 feet amsl. The site is within Section 7 of the Tustin USGS 7.5 x 15- minute quadrangle map at Township 5S and Range 8W. Site 10 — PA 1 — East Foot Upper This Local NTS Facility is located in Rattlesnake Canyon approximately one-half mile northeast of the intersection of Portola Parkway and the SR-261 in unincorporated Orange County. The site consists of land currently in use for agricultural operations. Topography on the site slopes gently from northeast to southwest with elevations ranging from approximately 200 to 250 feet amsl. The site is within Section 13 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Site 11 — PA 1— Orchard Estates Retarding Basin This Local NTS Facility is the existing Orchard Estates Retarding Basin located immediately adjacent to and southeast of SR-261 approximately one-half mile northeast of the intersection of Portola Parkway and SR-261 in unincorporated Orange County. The site consists of an existing retarding basin with avocado orchards to the south and east, and natural open space to the north and west. Topography on the site is flat with an elevation of approximately 440 feet amsl and the surrounding topography is hilly. The site is within Section 17 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Basin 12A — PA 1 — Lower Orchard Estates This Local NTS Facility is located immediately adjacent to the southeast corner of Portola • Parkway and Culver Drive in unincorporated Orange County. The site is currently in agricultural use and contains an existing avocado orchard immediately adjacent to strawberry fields. Topography on the site is relatively flat with an approximate elevation of 300 feet amsl. The site is within Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. • Basin 12B — PA 1 — Lower Orchard Estates This Local NTS Facility is located immediately adjacent to Portola Parkway southeast of the intersection of Yale Avenue and Portola Parkway in unincorporated Orange County. The site is currently in agricultural use as a strawberry farm surrounded by eucalyptus windrows. Topography on the site is nearly flat with an approximate elevation of 300 feet amsl. The site is found in Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Basin 12C — PA 1 — Lower Orchard Estates This Local NTS Facility is located immediately adjacent to Portola Parkway approximately one- half mile southeast of the intersection of Yale Avenue and Portola Parkway in unincorporated Orange County. The site consists of existing agricultural operations involving strawberry farms surrounded by eucalyptus windrows to the north and Portola Road to the south. Topography on the site is relatively flat with an approximate elevation of 300 feet amsl. The site is found in Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. R.1ProjectsURM31oTechlNTS 1.3-011804.000 9 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Basin 12D — PA 1 — Lower Orchard Estates . This Local NTS Facility is located just north of Hicks Canyon Haul Road approximately 500 feet northeast of the intersection of Jeffrey Road and Portola Parkway in unincorporated Orange County. The site has been disturbed by agricultural uses that support the strawberry farms. Topography on the site is almost entirely flat with an approximate elevation of 300 feet amsl. Residential uses occur immediately to the southwest across Portola Parkway. The site is within Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Basin 12E — PA 1— Lower Orchard Estates This Local NTS Facility is located approximately 1000 feet northeast of the intersection of Culver Drive and Portola Parkway In unincorporated Orange County. The site is an existing avocado orchard surrounded by eucalyptus windrows and strawberry fields. Topography on the site is flat with an approximate elevation of 300 feet amsl. The site is within Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Basin 12F — PA 1 — Lower Orchard Estates This Local NTS Facility is located approximately 1,500 feet southeast of the intersection of SR- 261 and Portola parkway approximately o in unincorporated Orange County. The site is an existing avocado orchard surrounded by other agricultural uses Including strawberry fields. Topography on the site is almost entirely flat with an approximate elevation of 300 feet amsl. The site is within Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Basin 12G — PA 1— Lower Orchard Estates This Local NTS Facility is located approximately three-quarters of a mile northeast of the intersection of SR-261 and Portola parkway in unincorporated Orange County. The site is an existing avocado orchard surrounded by other agricultural uses. Topography on the site is almost entirely flat with an approximate elevation of 300 feet amsl. The site is within Section 19 of the El Toro USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 8W. Site 61— PA 1— East Foot Lower This Local NTS Facility is a disturbed area that is part of an existing agricultural operation containing strawberry fields located immediately adjacent and east of the intersection of SR-261 and Portola Parkway In unincorporated Orange County. Topography on the site is relatively flat with an approximate elevation of 185 feet amsl. The site is within Section 13 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 68 — PA 18 This Local NTS Facility is located approximately one-half mile east of Laguna Canyon Road immediately southeast of Laguna Reservoir in the City of Irvine. Surrounding land uses include agricultural to the north, planned residential to the south and east, and vacant land to the west. Topography moderate slopes from east to west with elevations ranging from approximately 250 to 300 feet amsl. This site is within Section 19 of the Tustin USGS 7.5 x 15-minute quadrangle • map at Township 5S and Range 9W. n wrolecrsuewoOotechwrs+aal1eoa.00c 10 Blotoglcat Resources Technical Study .San Diego Creek Watershed Natural Treatment System • Site 69A — PA 39 This Local NTS Facility is located adjacent to and east of San Diego Creek in a parking lot area within the Wild Rivers Amusement ParkNerizon Amphitheater complex in the City of Irvine. Surrounding land uses include Leisure World to the south and east, the San Diego Creek and agricultural operations to the west, and 1-405 to the north. Topography on the site is relatively flat with an elevation of approximately 220 feet amsl. This site is within Section 18 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 69B — PA 39 This Local NTS Facility is located adjacent to and east of San Diego Creek in the southwestern developed portion of the Wild Rivers Amusement Park complex in the City of Irvine. Surrounding land uses include Leisure World to the south and east, the San Diego Creek and agricultural operations to the west, and 1-405 to the north. Topography on the site is relatively flat with an elevation of approximately 220 feet amsl. This site is within Section, 18 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 69C — PA 39 This Local NTS Facility is located in a vacant area adjacent to and east of San Diego Creek in the northern most portion of the Wild Rivers Amusement Park complex in the City of Irvine immediately west of 1-405 Freeway. Surrounding land uses include Leisure World to the south and east, the San Diego Creek and agricultural operations to the west, and 1-405 to the north. Topography on the site is relatively flat with an elevation of approximately 220 feet amsl. This • site is within Section 18 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 69D — PA 39 This Local NTS Facility is located in an area in agricultural production immediately adjacent to and north of Laguna Reservoir in the City of Irvine. Surrounding land uses include the San Diego Creek to the east and agricultural operations to the north, south, east and west, and SR- 133 (Laguna Canyon Road) to the west. Topography on the site is relatively flat with an elevation of approximately 220 feet amsl. This site is within Section 18 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. Site 69E — PA 39 This Local NTS Facility is located in an area in agricultural production immediately adjacent to and south of the intersection of 1-405 Freeway and SR-133 Laguna Canyon Road in the City of Irvine. Surrounding land uses include the San Diego Creek to the southeast and agricultural operations to the south. Topography on the site is relatively flat with an elevation of approximately 220 feet amsl. This site is within Section 18 of the Tustin USGS 7.5 x 15-minute quadrangle map at Township 5S and Range 9W. 1.3 PROJECT DESCRIPTION The water quality treatment strategy within the NTS Plan is based upon the existing treatment • success with the engineered wetlands at the San Joaquin Marsh. The San Joaquin Marsh is located in the lower reach of San Diego Creek approximately 0.75-mile upstream from Upper R.IPro1ects11RWMB1oTech1NTS 1-3.011804.DOC Biological Resources Technical Study Son Dlego Creek Watershed Natural Treatment System Draft Newport Bay, The Marsh is approximately 350 acres in size and consists of lakes, permanent ismarshes, and riparian wetlands. Currently, IRWD is operating and maintaining five water quality treatment wetland areas comprised of approximately 45 acres of open water and 11 acres of marshland vegetation. Water is diverted from San Diego Creek into the water quality treatment wetlands at an average rate of about seven cubic feet per second (cis) and remains there for a period of approximately two weeks before being returned to San Diego Creek. Monitoring data indicate that about 200 pounds of nitrate are removed per day during dry weather, reducing the total load to Upper Newport Bay by about 30 percent. The constructed Wetlands at the San Joaquin Marsh provide evidence that this form of water quality treatment is effective. The strategy of the NTS Plan is to expand the San Joaquin Marsh natural wetlands treatment concepts Into a network of constructed water quality treatment wetlands to be located throughout the San Diego Creek Watershed. The water quality modeling in the NTS Plan assumed that the NTS Facilities would, when practical, consist of permanent shallow ponds (between zero to two feet) that would support the growth of emergent wetland plants, as well as deeper open water areas (about four to six feet). The model also assumed that the diverted runoff would have a residence time of about two weeks within each NTS Facility. Other Facilities are in existing channels where increased detention times can be effectively obtained. Most of the proposed NTS Facilities would treat low flows and runoff from small storm events, as well as the "first -flush" from large storm events. A few of the proposed NTS Facilities are proposed to only treat dry weather flows, consisting of urban runoff generated generally between April and October. While each of the constructed wetlands will be designed slightly differently to reflect local site conditions, typical facility design and wetland components required to successfully treat runoff are uniform throughout. There are three basic facility types proposed, varying by their design and location relative to runoff sources. The three design types are described as follows: TYPE I — OFF-LINE FACILITY A Type I facility is intended to treat low flows or flows from small storm events that are diverted into an off-line wetland facility. Stream flows would be diverted by gravity at most facilities; however, pumped diversions are proposed to be used at a few of the sites. Most of the Type I facilities would include deeper open water ponds at the Inlets and outlets. The deeper pools would help reduce water velocities, thereby trapping sediment and aiding in ultraviolet (UV) degradation of pathogens. The dept of the stormwater quality pond is typically three to four feet and the outlet structures would be designed to detain the storm runoff for a period of 36 to 48 hours, during which time the wetland vegetation would be inundated. TYPE II — IN -LINE FACILITY The Type II facility would consist of a created water quality treatment wetland located within an existing stream channel. This type of facility would remove pollutants present In low flows during both the dry and wet season. Growth of the wetland vegetation would be promoted by creating shallow ponds, up to two -feet deep, behind a series of weirs constructed in the stream channel. Permanent weirs would be constructed in some of these facilities, where it is determined that the structures would not impact the ability of the channel to convey the design flow of the channel (e.g., a 100-year storm event). The proposed permanent weirs would be constructed of gravel and rock. In those instances where flood conveyance would be impaired • by permanent weirs, temporary weirs would be installed using flash boards or stop logs. The Po1Pmje WRW0 ft TachWrS 1-Ut1B01000 12 Blologlcal Resources Technical Sfudy San Diego Creek Watershed Natural Treatment System Draft • seasonal dams would be installed in the spring, at the start of the dry season, and would be removed in the fall prior to the beginning of the wet season. In all cases, sediment generated by flows from storm events would accumulate in the shallow pools behind the weir structures. The Type II facilities would require annual removal of sediment and vegetation. TYPE III — COMBINATION FACILITY Type III facilities are proposed to incorporate water quality treatment wetlands within existing flood control basins. This design would involve excavating the bottom of an existing flood control basin to accommodate the constructed wetlands. The Type III facility would not have any effect on the required flood control storage volume of the basin. However, this design would require a separate outlet from the basin in order to accommodate the removal of flows from the water quality treatment wetlands. Similar to the Type I facilities, the Type III facilities are proposed to remove pollutants from low dry -weather flows, small storm flows, and first -flush flows. The wetland vegetation is proposed to be inundated for a period of approximately 36 hours. . SELENIUM FACILITY DESIGN In addition to the three typical NTS Facility design types, one of the proposed NTS Facilities (Site 67) would be designed to specifically treat selenium. Selenium is identified as one of the toxic pollutants that exceeds the TMDL thresholds and, therefore, is a target pollutant for the NTS Plan. Selenium is found within San Diego Creek as a result of groundwater seepage in areas of shallow groundwater tables, downstream from the historic "Swamp of the Frogs" region in lower Peters Canyon Wash and natural flows from the upstream foothills. According to the • NTS Master Plan, the selenium facility would be designed so that water pumped from Peters Canyon Wash, approximately five cfs, would "pass through a cattail bed with deep, organically rich and perpetually wet soils, which will trap and immobilize the selenium under anoxic conditions." This Facility is comparable to a saturated trickier filter used in sewage treatment processes fed with water passing through an organic mass. This facility may require periodic removal of selenium -laden soils or filtered material and changing of organic mass. In addition, the selenium facility would include a bottom liner to restrict contact between the treated water and the "underlying oxygen -rich groundwater system" No open water or densely planted cattails are proposed for this design to reduce the potential for selenium exposure to wildlife and humans. P 1.4 SITE EVALUATION The NTS evaluation considered potential locations, water quality advantages and disadvantages, alternative NTS facilities designs, and various proposed operations and maintenance techniques. These factors were evaluated for their potential environmental impacts by environmental planners, biologists, environmental engineers, and lawyers with experience in environmental/biological and natural resources regulations. Experts from the regulatory and wildlife agencies (e.g., USFWS and CDFG) and from local county and municipal agencies were also consulted to discuss potential urban runoff pollutant removal rates, identify sensitive biological habitats and Threatened or Endangered species (both state and federally protected) in the vicinity of proposed NTS site locations under consideration, and resolve regulatory concerns that might result from constructing, operating, and maintaining the proposed NTS program facilities. RAProjectsVRWDIBio TeWNTS 1-1011004 DOC 13 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft The purpose of conducting this evaluation concurrently with NTS Facility design was to Identify • potential negative environmental effects on sensitive plant and wildlife resources and/or state and federal regulatory agency jurisdictional resources early during the formation of the NTS facilities. The Intent of this effort was to identify opportunities to avoid and/or minimize the effects of the implementation and long term operation and maintenance of the NTS facilities on these resources for incorporation Into the NTS Master Plan as it was being prepared. This would result in a more biologically sensitive program. Recognizing that the constructed wetlands In the NTS would be responsible for accomplishing pollutant removals from dry season low flow and small storm events within the Study area, IRWD needed assurances that these constructed treatment systems could be maintained as often as necessary to ensure their continued effectiveness. For example, any habitat planted in the NTS facilities for the purpose of pollutant removal and treatment would require routine maintenance, including sediment removal, vegetation trimming, removal of dead material, and re -planting with wetland treatment vegetation. Without such assurances, IRWD cannot guarantee that the NTS Program will achieve its urban runoff pollutant removal and water quality improvement objectives. Assurances are therefore being sought from the regulatory agencies (e.g., U.S. Army Corps of Engineers [USACOE], USFWS, CDFG, the State Water Resources Control Board [SWRCB], and Santa Ana RWQCB) to allow IRWD the necessary operation and maintenance activities to continue In accordance with applicable and appropriate minimization measures. The assurance mechanism being sought by IRWD Is a major amendment to the Natural Community Conservation Plan (NCCP) for the Central -Coastal Subregional through the Nature Reserve of Orange County In accordance with applicable provisions of the NCCP and the . associated Implementation Agreement. Regulatory agencies have agreed in principle that the major amendment is the appropriate regulatory mechanism through which IRWD would be allowed to conduct regular, routine operations and maintenance of the NTS facilities in accordance with the provisions of the Operation and Maintenance Plan contained in the Master Plan (Section 7). It Is anticipated that the provisions of the major NCCP amendment will continue to evolve during the CEQA documentation and public review process and that, upon completion of the CEQA documentation process and at the time when the IRWD Board of Directors is considering adoption of the NTS Master Plan Program, the major NCCP amendment will be scheduled for consideration by the Board of Directors of the Nature Reserve of Orange County. The NTS master planning effort involved a series of assessments from the initial site selection process through to the refinement of each NTS site at both the construction and the programmatic level to identify sites that will provide the highest level of functionality from a water quality treatment perspective. NTS site selection was further refined to minimize the effects of the initial construction and long-term operation and maintenance on environmentally sensitive wildlife and wildlife habitat resources. The assessment process Is outlined below. 1.4.1 Assessment An assessment was performed to identify the conditions at each proposed NTS site using color aerial photography and site surveys within and immediately adjacent the general project footprint. The following preliminary project attributes were identified: Site conditions such as agricultural fields, earthen retarding basins, earthen or riprap-lined flood control channels; iMPr0)ed5'aRWola10TechWTs 141o11e04.00c 14 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • Surrounding land uses such as agriculture, residential, commercial, industrial, open space, recreation, military base, etc.; • General vegetation types and quality (high, medium, or low); • Potential for the occurrence of special status species such as the least Bell's vireo (Vireo bell/I), southwestern willow flycatcher (Empidonax tra/Ili extimus), California least tern (Sterna antlilarum brown), coastal California gnatcatcher (Polioptila californica californica), and light-footed clapper rail (Rallus longirostris levipes); • Potential for USACOE and/or CDFG jurisdiction including estimates of jurisdictional acreage and type of permits that may be required to construct, operate and maintain each facility; and • Available biological data from other planning efforts such as the USACOE Special Area Management Plan (SAMP) for the Study area and the central -Coastal Subregional Natural Communities Conservation Planning/Habitat Conservation Plan (NCCP/HCP)•program. • The intent of the site assessment effort was to identify environmentally -sensitive habitat and/or wildlife species resources or other environmental issues, such as potential state and federal regulatory agency jurisdictional requirements, that may be affected by the NTS facilities location, design, construction, and long-term operation and maintenance. As a result of this assessment, several sites were eliminated from further consideration in the NTS Master Plan development process, including the San Joaquin Marsh Extension (Site 57), Bonita Reservoir (Site 44), Serrano Creek Lower (Site 25), and Laguna Reservoir • (Site 33). Also, a number of NTS Facility site designs were modified to avoid and/or minimize these potential effects, San Joaquin Marsh —SAMS1 (Site 62) and Barranca Off- line Wetlands (Site 27). 1.4.2 State and Federal Resource Agency Consultation A number of meetings with affected state and federal resource agencies were conducted during the master planning process to familiarize agency staff with the master planning effort and to solicit their comments and advice concerning ways to avoid and/or minimize the effects of the project on resources under their respective jurisdictions. This effort included several site visits to the proposed NTS facilities as well as to specific NTS facilities that were being considered for potential wetlands and upland habitat (i.e., grasslands, scrub, riparian scrub, etc.) enhancement to offset jurisdictional impacts associated with both the initial construction and the long-term operation and maintenance of the facility consistent with the policies associated with establishing "net conservation benefits" for affected species. The actual determination of the level of effects and the appropriate minimization measures and net conservation benefits will be determined as part of the on -going discussions with the regulatory agencies and associated regulatory permitting process and subsequent authorizations. 1.4.3 Following the extensive site selection process, more detailed vegetation mapping and preliminary jurisdictional wetlands assessments were then performed at each NTS Regional • Facility site to establish concept planning level impacts of the NTS Master Plan on vegetation and jurisdictional wetlands and waters of the United States based on the individual conceptual R:1PrOJeclsVRWD1BiOTechWTS 1-3-011884.DDC 15 Biological Resources Technical Study San Diego Creek Watershed Natural Treafrnent facility designs. In addition, these site preliminary jurisdictional assessments were used to identify potential wetlands enhancement sites that could serve as a "net conservation benefit" to offset impacts to state and federal jurisdictional resources associated with the initial construction and the on -going operation and maintenance of the water quality treatment facilities, if needed. As noted earlier, IRWD has made a concerted effort to seek early and on -going consultation with the USACOE, USFWS, CDFG, and RWQCB agency staff as part of the NTS Master Plan development process in an effort to familiarize agency staff with the process and minimize the effects of the project on resources under their respective jurisdiction. This effort has also Involved the preparation and distribution of biological data and impact assessments to agency representatives during field meetings and routine meetings to review and discuss prospective NTS sites, identify potential effects on sensitive wildlife habitat and wildlife resources, and identify facility modifications to avoid and/or minimize these potential effects. 1.4.4 NTS Facility Design Refinement The next level of investigation involved actual land survey documentation, in consultation with wildlife biologists at BonTerra Consulting, to more accurately Identify the limits of each NTS facility and sensitive habitat located in and around each facility. The intent of this survey effort was to refine the overall NTS facility design to maximize the potential for achieving the program goals and objectives for effective water quality treatment while avoiding and/or minimizing, to the greatest extent practicable, impacts to sensitive species and wildlife habitats. 1.4.5 Minimization Measures Initial construction and on -going maintenance and operation of the proposed NTS sites within and/or immediately adjacent to areas containing habitat known to be occupied by or potentially occupied by the least Bell's vireo, southwestern willow flycatcher, California least tern, coastal California gnatcatcher, and light-footed clapper rail may have the potential to directly or indirectly impact these species. In response to this potential, minimization measures were developed to specifically address site conditions where construction and/or operation and maintenance activities would have the potential to cause substantial disruption of breeding and nesting such as noise levels in excess of 60 dBA leq, the current noise threshold established by the USFWS. Excessive noise levels could potentially interfere with species communication or cause nest abandonment during breeding and nesting seasons. It should be noted that impacts to these species are expected to be avoided or minimized. In general, these minimization measures include: 1) avoidance of the breeding and nesting season for special status species; 2) rotation of operation and maintenance activities; 3) pre- construction/operation and maintenance biological site assessments to determine if sensitive species are present and to prescribe the appropriate course of action to avoid and/or minimize the effects of these activities on these' resources to the greatest extent practical; 4) the appropriate use of a biological monitor; and 5) implementation of the principles of adaptive management for certain types of construction and/or operation and maintenance activities. 2.0 SURVEY METHODOLOGIES The data provided in this report was obtained from general surveys of the individual project sites conducted by BonTerra Consulting in 2002 and February 2003. In addition, other pertinent Information was obtained from documentation prepared by biologists who have previously conducted studies in the region and the USACOE SAMP and the NCCP/HCP. R7M*tVRWoWbTechWr3 1-3 iN4.000 16 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • 2.1 VEGETATION MAPPING AND SPECIAL STATUS PLANT LITERATURE REVIEW A literature review was conducted prior to the initiation of the general survey in order to determine the potential special status plant species known to occur in the project region that may occur on the project sites. The California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001) and CDFG's Natural Diversity Database (CNDDB) (CDFG 2001) were reviewed. In addition, special status species lists published by the USFWS and CDFG were also reviewed. General plant surveys were conducted on January 3, 4, and 12, and April 12 and 17, 2002 by Senior Biologist Brian Leatherman and October 17 and 31, 2002 by Ecologist Sam Stewart. The purpose of the surveys was to describe the vegetation present on the project sites and evaluate the potential of the habitats to support special status plant species. Vegetation types were mapped on aerials during site visits. Plant species were identified in the field or collected for later identification. Plants were identified using taxonomic keys in Hickman (1993), Munz (1974), and Abrams (1923, 1960). Taxonomy follows Hickman (1993) for scientific and common names. Vegetation on the project sites was classified into vegetation types based on the Habitat Classification System Natural Resources Geographic Information System (GIS) System (County of Orange Environmental Management Agency 1992). Jones & Stokes Associates, Dames & Moore, and Dave Bramlet developed this classification system for Orange County's Natural Resources Geographic Information System (GIS) and the NCCP. 2.2 GENERAL WILDLIFE SURVEYS AND SPECIAL STATUS WILDLIFE LITERATURE REVIEW • A literature review was conducted prior to the initiation of the general survey in order to determine the potential special status wildlife species known to occur in the project region that may occur on the project sites. CDFG's CNDDB (CDFG 2001) and compendia of special status species published by the USFWS and CDFG were reviewed. General surveys for amphibians, reptiles, birds, and mammals were conducted on January 3, 4, and 12, and April 12 and 17, 2002, and October 31, 2002 by BonTerra Consulting. During the surveys, the project sites were evaluated for their potential to support special status wildlife species that are known or are expected to occur in the region. All wildlife species detected during the course of the surveys were documented in field notes. Active searches for reptiles and amphibians included lifting, overturning, and carefully replacing rocks and debris. Birds were identified by visual and auditory recognition. Surveys for mammals were conducted during the day and included searching for and identifying diagnostic signs, including scat, footprints, scratch -outs, dust bowls, burrows, and trails. Taxonomy and nomenclature for wildlife generally follow AOU (1998) for birds and Laudenslayer et al. (1991) for all other terrestrial vertebrates. In addition, this Biological Resources Technical Study incorporates plant and wildlife surveys and technical data from the following documents/databases: San Diego Creek Watershed Natural Treatment System Master Plan (GeoSyntec 2003); California Natural Diversity Database (CNDDB 2001); California Native Plants Society Electronic Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001); California Wildlife Habitat Relationships Database System (CDFG 1991); General Wildlife Survey — Planning Areas (PA) 18 and 39 • (Dudek & Associates 2002); NTS Plan Species Biology (Harmsworth and Associates 2002); Biological Resources Technical Report for Planning Area 1 (Dudek & Associates 2002); R:1Pm1ecWVRW0le1oTech1NT51-3-011804.000 17 Biological Resources Technical Study San Dlego Creek Watershed Natural Treatment System Dreg Biological Technical Report for Planning Area 17 (BonTerra Consulting 2000 and Harmsworth • and Associates 2002); Biological Technical Report of Findings for the Millennium Plan Phase II (Chambers Group, Inc., 1999); Northern Sphere EIR, June 4, 2002; EIR/EIS for Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin, December 1999; and Central Coastal Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), NCCP/HCP Implementation Agreement, and EIR/EIS 553. General plant and wildlife surveys of the NTS facility sites were conducted on January 3, 4, 12, April 12, 17, October 17 and 31, 2002, and February 27, 2003, by BonTerra ecologists. Vegetation types were mapped on aerials during site visits. Plant species were identified In the field or collected for later identification. During the surveys, the project sites were evaluated for their potential to support special status plant and wildlife species that are known or are expected to occur in the region. All wildlife species detected during the course of the surveys were documented in field notes. No focused plant or wildlife surveys were conducted during these site visits. A literature review was conducted prior to the initiation of general surveys in order to determine the potential special status plant and wildlife species known to occur in the project region that may occur on the project sites. The California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California (CNPS 2001) and CDFG's Natural Diversity Database (CNDDB) (CDFG 2001) were reviewed. In addition, special status species lists published by the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) were also reviewed. 3.0 EXISTING BIOLOGICAL RESOURCES This section describes the biological resources that either occur or potentially occur on the project sites. Vegetation types, wildlife populations and movement patterns, special status . vegetation types, and special status plant and wildlife species either known or potentially occurring on the project sites are discussed below. 3.1 VEGETATION TYPES Twenty-seven vegetation types were identified on the project sites or adjacent areas. The majority of the sites are dominated by disturbed or developed land such as cleared areas, parks and ornamental plantings, and agricultural areas and orchards. However, several sites also contain native vegetation including southern needlegrass grassland, marsh and riparian scrub. Figures 3 through 33e, (see Appendix A), illustrate the distribution of the vegetation types on all NTS facility sites being evaluated. The following section describes each of the vegetation types observed during field surveys. Vegetation types are presented with their corresponding County of Orange Natural Resources GIS identification number in parentheses. This Identification number has also been used to identify vegetation types on Figures 3 through 33e, located in Appendix A. Table 1 presents the vegetation types present on each of the 31 NTS sites. 3.1.1 Sagebrush Scrub (2.3) Sagebrush scrub (Venturan-Diegan transitional coastal sage scrub) vegetation consists of low, drought -deciduous and evergreen shrubs that occur on steep to moderate slopes mostly below 3,000 feet amsl. This vegetation type occurs In shallow and rocky to heavy soils and is considered a transitional association that contains elements of the recognized geographical association of Venturan sage scrub and Diegan sage scrub. This vegetation type consists primarily of California sagebrush (Arfemisia cal/fornica). Other species occurring at lower • concentrations consist of buckwheat (Erlogonum fasciculafum), sage (Salvia spp.), FLTWJe WRWMBlo rahWTs 1,W 118w.00c 18 Stologtcal Resources Technical Study San Diego Creek Watershed Natural Treatment System • monkeyflower (Mimulus spp.), and coyote brush (Bacchads pilularis). Specific vegetation types for each specific site are discussed below. 3.1.1.1 Sagebrush and Buckwheat Scrub (2.3.1) Sagebrush and buckwheat scrub (California sagebrush -California buckwheat scrub) vegetation consists of roughly equivalent densities of California sagebrush and buckwheat. Other species occurring at lower densities include white sage (Salvia appiana), black sage (Salvia mellifera), bush monkeyflower (Mimulus auranticus), bush sunflower (Encelia caltfornica), deerweed (Lotus scoparius), goldenbush (lsocoma veneta), lemonadeberry (Rhus integrifolia), giant wild rye (Elymus condensatus), coyote brush, lax -flowered bushmallow (Malacothamnus fasciculatus ssp. laxiflorus), foothill needlegrass (Stipa lepida), fescues (Vulpia spp.), bromes (Bromus spp.), bicolored everlasting (Gnaphalium bicolor), wild hyacinth (Dichelostemma pulchellum), microseds (Microseris spp.), and bedstraw (Galium spp.). This vegetation type occurs in low foothills throughout Orange County. 3.1.1.2 Sagebrush Scrub (2.3.6) Sagebrush scrub vegetation is dominated almost exclusively by California sagebrush. Sagebrush scrub occurs usually as small patches within grassland or with other subtypes that support California sagebrush co -dominant with other shrubs. 3.1.1.3 Mixed Sage Scrub (2.3.10) • The mixed sage scrub vegetation type consists of an even mix of buckwheat, California sagebrush, bush sunflower, laurel sumac, monkeyflower, and prickly pear (Opuntia spp.). California sagebrush can occur, but is not an important species in this community. Species occurring at lower densities are similar to those of sagebrush and sage, sagebrush and buckwheat scrub vegetation types. rI LJ RAProleCIGMRW0lei0 Tech1NT5' • • TABLE 1 EXISTING VEGETATION YEGETl1TNNiCODES `T= =1' 2.&1 -XiAll 24 -p- 43 3.4 E.i 9.4 7.14 M 7.3 -?4^ 7.T 103 933' t23 f l Ie. 131 123 734 i41 142 J43' 14e IS 1 iti4 Tali 1ti!' ib1 �Ira w � � � e o 4 � Y 'd rg� m E: �' : 'IS S �.a o: 2 tq .. a Eti, t v° E E a ��'� �i :. of R ,. ' e E W n �a �� $C�7 Z_ 3 �' i'a � s aK w� �K `� M _ C g -3. O ID V a t 1 �-G s z' 3 e F Ea5 O3 � w� t3 r3 96 VEGETATION TYPES U. 4 EXISTING -REGIONAL FACILITIES - (13) Rattlesnake Reservoir X X X X X X X X X X X X (39) Sand Canyon Reservoir X X X X X X X X X X (46) San Joaquin Marsh — Augmentation X X X X X X X CONSTRUCTED LOCAL FACILITIES PA 17 X X X West Basin (32) PA 17 X X East Basin (49) PA 17 X X X X X Center Basin (42) I PA 27 X X Turtle Ridge North SITES APPROVED NOT CONSTRUCTED (16) Trabuco Retarding Basin X X X X X (16) Marshbum Retarding Basin X X X X (22) MCAS El Toro X X X Ague Chinon Lower (50) WAS El Toro X X X X X Irvine Auto Center (51) MICAS El Toro X X Serrano i (52) MCAS'EI Toro X X X X X Bee Canyon (70A) PA 6 X X X X Agua Chinon Channel R1ProjecI511RW01aia TechWrS 1-3-011804 DOC 20 San Diego Creels Watershed Natural TmatrrmW System • • TABLE 1 (Continued) EXISTING VEGETATION VEGETATION CODES =1 23Jf 2.&10 24 1 2JL5 4.3 1 3.4 E.1 I SA 1 7.1 -1.2 -1.3 TA 7.7 103 13.3 12.3 -&1 4.0- 12.1 123 13.4 14.1 14.2 14.3 %6 %1 15A 15.3 1S.S 1111,11 m ° E Sr i 3 fi n ° x o m o LLcs g _ c >° a `. a LLz M �_ ._ VEGETATION TYPES (70B) PA 6 X X Agua Chinon Channel (70C) PAS X X Agua Chinon Channel (71) PAS X X X X Marshbum SITES ADDRESSED IN THE NTS MR (26) Woodbridge X X X In -Line Basins Barranca Off -Line Wetlands X X X X X X X X X (53) Caltrans X X X X X SR-13311-5 Interchange Caltrans SR-261Malnut Avenue X X X X X X (55) Santa Ana/Santa Fe Channel X X X X X (56) El Modena Park X X X X (62) San Joaquin Marsh X X X X X X SAMS1 West Park Ind -Line Basins X X X X X X (67) Cienega de Las Ranas(Selenium) X APPLICATIONS"LIKELY TO BE FILED - t PA 1 X X X Eastfoot Retarding Basin (10) Eastfoot Lower X X X (11) PA 1 X X X X Orchard Estates Retarding Basin R.U2roje 11RWDIBioTechWrS 1-M11804.00C Resources Technical Study San Diego Creek Watershed Natural Tmalment System 0 • • TABLE 1 (Continued) EXISTING VEGETATION VEGETATM CODES L3.1 2.3 t 1 2.3.10 2A I S 4.3 4A 6.1 6A 7.1 7.217.3 TA 1 7.7 1 10.3 13.3 12.3 4.1 4.6 12.1 12.3 13A 14.1 14.2 14.3 14.6 1&1 16 4 13 3 %6 16.1 ol LLfj a to aji ; a -- o� LL g z _ VEGETATION TYPES (12A) Lower Orchard Estates X X X (Multiple Basins) (12B) Lower Orchard Estates X X X X X (Multiple Basins) (12C) Lower Orchard Estates X X (Multiple Basins) (12D) Lower Orchard Estates X X X (Multiple Basins) (12E) Lower Orchard Estates x (Multiple Basins) (12F) Lower Orchard Estates X X (Multiple Basins) (12G) Lower Orchard Estates X (Multiple Basins) (61) Eastfoot Lower X X X CEQA AFTER NTS OR A 1) P8 X X X X (69A) PA 39 X X X X (Multiple Basins) (69B) I PA 39 X X (Multiple Basins) j (69C) PA 39 X (Multiple Basins) PA 39 X X X (Multiple Basins) I (69E) PA 39 X X (Multiple Basins) R1Pr0jec19llRWDIBio TechW rS 1-"118U DOC 22 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System 3.1.2 Southern Cactus Scrub (2.4) • Southern cactus scrub consists of scrub vegetation dominated by cacti and coastal sage scrub species. The presence of coastal prickly -pear (Opuntia littoralis) and/or Oracle cactus (Opuntia oricola) at 20 percent or more relative cover defines this community. In coastal areas, coastal cholla (Opuntia prolifera) may be a common element, while Parry's cholla (Opuntia parryi) may occur in some of the interior areas. Other species frequently occurring in this vegetation type include bush sunflower, California sagebrush, buckwheat, black sage (Salvia mellifera), and Mexican elderberry (Sambucus mexicana). The understory is frequently composed of foothill needlegrass, bent grass (Agrostis spp.), and a variety of forb species. Southern cactus scrub occurs primarily on south -facing slopes on low foothills away from the immediate coast. 3.1.3 Sage Scrub -Grassland Ecotone (2.8.1) Sage scrub -grassland ecotone consists of open shrub -grassland with less than 15 percent sagebrush cover. Sub -shrubs species and forbs expected to occur include California sagebrush, buckwheat, and goldenbush. Grasses dominate this vegetation type and may include oats (Avena spp.), bromes, and fescues. Specific vegetation types for each specific site are discussed below. 3.1.3.1 Sagebrush -Grassland Ecotone (2.&1) The sage scrub -grassland vegetation type consists of open shrub -grassland with five to 20 percent sagebrush cover. Subshrub species expected to occur in sage scrub -grassland include goldenbush, grassland goldenbush (Ericameria palmeri var. pachlepis), California • matchweed (Guterrezia californica), lotus (Lotus purshianus), shortpod mustard (Hirschfeldia incana), gnaphalium (Gnaphalium spp.), deerweed, and wand buckwheat (Edogonum elongatum). Grasses expected to occur in this vegetation type include oats, bromes, foxtail barley (Hordeum murinum var. leporinum), rattail fescue (Vulpia myuros var. myuros), and purple needlegrass (Stipa pulchra). 3.1.3.2 Coastal Goldenbush-Grassland Ecotone (2.8.3) The coastal goldenbush-grassland ecotone vegetation type consists of open shrub/grassland with five to 15 percent goldenbush cover. Subshrub and grass species typically occurring in this vegetation type are similar to those of the sage scrub -grassland vegetation type. 3.1.3.3 Mixed Sage Scrub/Grassland (2.8.5) The mixed sage scrub -grassland vegetation type consists of an open cover of mixed scrub species and annual grassland species (see Section 3.1.5) with no clearly dominant species. 3.1.4 Tovon-Sumac Chaparral (3.12) Toyon-sumac chaparral consists primarily of toyon (Heteromeles arbutifolia), laurel sumac, and lemonadeberry in dense stands often on xeric (i.e., dry) north -facing slopes near the coast. Other species include holly -leaved redberry (Rhamnus ilicifolia), fuchsia -flowered gooseberry (Ribes speciosum), and California scrub oak (Quercus berberid/folia) or Nuttail's scrub oak (Quercus dumosa). RAProlec1s1IRWD1010 Tech\NTS 13-011004.DOC 23 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 3.1.5 Annual Grassland (4.1) Annual grassland consists primarily of annual grasses that are predominately Mediterranean in • origin. Common grasses Include bromes, oats (Avena ssp.), fescues, and barleys (Hordeum ssp.). Many species of native forbs and bulbs, as well as naturalized annual forbs, may be found in annual grasslands but floristic richness is affected to a high degree by land use activity, such as intensity and duration of grazing. Heavily grazed grasslands have considerably lower species richness. Annual grasslands are generally found on gradual slopes with deep soils below 3,000 feet msl. Common forbs encountered within annual grasslands include common fiddleneck (Amsinckia menziesii var. intermedia), cryptantha (Oryptanthe spp.), filaree (Erodium spp.), mustard Brassica spp.), tocalote (Centaurea melitensis), fascicled tarweed (Hemizonla fasciculate), cardoon (Cynara cardunculus), milk thistle (Silybum marianum), peppergrasses (Lepidium spp.), doveweed (Eremocarpus setigerus), and bur -clover (Medicago po/ymorpha). Less disturbed grasslands often contain a variety of native forbs, including owl's clover (Orthocarpus purpurascens), popcorn flower (Plag/obothrys spp.), pectocarya (Pectocarya sp.), Los Angeles gilia (Gilia angelensis), California blue-eyed grass (Sisyrinchlum bellum), lupine (Lupinus spp.), mariposa lily (Calochortus spp.), goldfields (Lasthen/a spp.), sand aster (Corethrogyne filaginifolia), and wild hyacinth. 3.1.6 Southern Need/egarass Grassland (4.3) Needlegrass grassland (southern coastal needlegrass grassland) is a grassland with 10 percent or more cover of Stipa pulchra and/or other Stipa spp. It is associated with Agrostis disgoensls, Koeleria macrantha, Vulpia megalura, Bromus spp., Sisyrinchlum bellum, Dlchelostemma • pulchellum, Calochortus spp., Bloomeria crocea, Hypochoerls glabra, and Dodecatheon clevelandii. It is found as small pockets within coastal sage scrub areas or in annual grassland areas and occurs in the San Joaquin Hills; Talega Reserve; San Juan Creek basin; Santa Ana Mountains; Starr Ranch; Caspers Park; Plano Trabuco; and Gabino, LaPaz, Talega, and Verdugo Canyons. 3.1.7 Ruderal (4.6) Ruderal areas consist of early successional grassland with pioneering herbaceous plants that readily colonize disturbed ground. Species frequently occurring within this vegetation type include tocalote, mallow (Malva spp.), Russian thistle (Salsola tragus), doveweed, tumbleweed (Amaranthus albus), and saltbush. Ruderal grassland occurs throughout the county at any site that has been disturbed by either natural or human causes. The Ruderal vegetation found at all NTS sites is degraded and of extremely low habitat value. 3.1.8 Freshwater Swale (5.4) Freshwater swales are broad drainages that do not have clear beds and banks and are vegetated across the bottom. The vegetation consists of annual facultative wetland species that are often also found in vernal pools. Typical vernal Swale species include Italian ryegrass (Lolfum multif/orum) and alkali barley (Hordeum depressum). 3.1.9 Salt Marsh (6, 1) Salt marsh (southern coastal salt marsh) consists of halophytic perennial herbs and low shrubs that occur on regularly (or historically) flooded or saturated clay and silt solids that are high in salts. Salt marsh emergent wetland is dominated by California cord grass (Spartina folfosa) in R.Vkoj cUVRWDOOArechWTs 1.miisocooc 24 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft low intertidal areas, pickleweed (Salicornia virginica), coastal salt grass (Distichlis spicata), • shoregrass (Monanthochloe littoralis), fleshy claumea (Jaumea carnosa), American saltwort (Batis maritime), alkali heath (Frankenia Salina), California marsh rosemary (Limonium californicum), saltbush, and sea-blite (Suaeda spp.). Salt marsh occurs along the coast in estuarine habitats that are (or were historically) tidally influenced. It is found at Anaheim Bay, Bolsa Chica, and Upper Newport Bay. 3.1.10 Freshwater Marsh (6.4) Freshwater marsh (coastal freshwater marsh) consists of seasonally or permanently flooded low-lying areas dominated by cattails (Typha spp.) and bulrushes (Scirpus spp.) with marsh fleabane (Pluchea odorata), swamp water weed (Polygonum lapathifolium), mayweed (Cotula coronopifolia), willow herb (Epilobium spp.), Spanish sunflower (Pulicaria paludosa), seep monkeyflower (Mimulus guttatus), and speedwell (Veronica spp.). Freshwater marsh emergent wetland occurs in San Joaquin Marsh, Bonita Canyon Reservoir, Peters Canyon, Laguna Canyon, Santa Ana River, Upper Newport Bay, San Juan Creek, and San Juan Canyon Reservoir. 3.1.11 Herbaceous Riparian (7.1) Herbaceous riparian (riparian herb) vegetation is an early successional stage of riparian scrub and forest. Flooding (or other disturbance factors) often scours woody riparian vegetation away and the site is rapidly colonized by pioneer wetland herbaceous plants such as verbena (Verbena spp.), mugwort (Artemisia douglasiana), sweet clover, dallies grass (Paspalum dilatatum), knot grass (Paspalum distichum), barnyard grass (Echinochloa crusgalli), Bermuda • grass (Cynodon dactylon), cattails (Typha spp.), sedges (Cyperus spp.), willow herb (Epilobium spp.), millet ricegrass (Piptatherum miliaceum), rabbit -foot grass (Polypogon monspeliensis), dense -flowered sprangletop (Leptochloa uninerva), cocklebur (Xanthim spp.), Johnson grass (Sorghum halepense), western ragweed (Ambrosia psilostachya), mustard (Brassica spp.), and wild radish (Raphanus sativa). 3.1.12 Willow Riparian Scrub (7.2) Willow species and riparian forest saplings dominate the willow riparian scrub (southern willow scrub) habitat. This vegetation type is characterized by arroyo willow (Salix lasiolepis) and red willow (Salix laevigata) with lower concentrations of mule fat (Baccharis salicifolia) and/or black willow (Salix gooddingil). 3.1.13 Mule Fat Scrub (7.3) Mule fat scrub consists of dense stands of mule fat with lower concentrations of willow. This vegetation type is commonly found in intermittent streambeds, seeps, and at the toe of landslides where seeps often develop. Other species associated with this vegetation type include Bermuda grass, mugwort, chenopod (Chenopodium spp.), western ragweed, nightshade (Solarium spp.), castor bean (Ricinus communis), cocklebur (Xanthium spp.), polypogon (Polypogon spp.), dallies grass, and echinochloa (Echinochloa spp.). 3.1.14 Sycamore Riparian Woodland (7.4) Sycamore riparian woodland (southern sycamore riparian woodland) consists of open to dense • woodlands dominated by western sycamore (Platanus racemosa), with coast live oak (Quercus agrifolia) and mule fat scrub; or willow riparian scrub as an understory. Other species associated with this vegetation type include holly -leaved redberry, California coffee -berry RAProjec(s11RWDIB1oTechWTS 1-3-DM64 DOC 25 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System Draft (Rhamnus californica ssp. californica), laurel sumac, Mexican elderberry, fuchsia -flowered gooseberry, toyon, poison oak (Toxicodendron diversilobum), giant wild -rye, beardless wild -rye (Elymus triticoides), and lemonadeberry. Large grassland areas dominated by bromes are often present. Examples are found on large intermittent streams throughout the watershed, most notably Santiago Creek. 3.1.15 Coast Live Oak Riparian Forest (7.5) Coast live oak riparian forest (southern coast live oak riparian forest) Is dominated by coast live oak with sycamore, Mexican elderberry, and southern California black walnut (Juglans californica). Common understory shrubs include holly -leaved redberry, mule fat, poison oak, toyon, California coffee -berry, goldenbush, laurel sumac, and nightshade. This vegetation type is found in large intermittent drainages and creeks. In the smaller drainages, it is often found in narrow ravines in which it Intergrades with oak woodlands. 3.1,16 Arroyo Willow Riparian Forest (7.6) Arroyo willow riparian forest (southern arroyo willow forest) has a closed canopy of mature arroyo willows with some lower concentrations of black willow and red willow, and coast live oak and sycamore occasionally present on the outer margins. Common understory species consist of hoary nettle (Urlica doicla ssp. holosercea), poison oak, mugwort, western ragweed, rumex (Rumex spp.), mustard, nightshade, poison hemlock (Conium maculatum), milk thistle (Silybum marianum), and California blackberry (Rubus ursinus). This vegetation type is found on floodplains along major rivers and streams. Examples are found along the Santa Ana River and Santiago Creek. 3.1.17 Black Willow Riparian Forest (7.7) • Black willow riparian forest (southern black willow forest) is a multilayered forest with a canopy dominated by mature black willows with some lower concentrations of arroyo willow and red willow, and coast live oak and sycamore occasionally present on the outer margins. Common understory species are similar to arroyo willow riparian forest. This vegetation type is found on floodplains along major rivers and streams. Examples are found along the Santa Ana River and Santiago Creek. 3.1.18 Cottonwood -Willow Riparian Forest (7.8) Cottonwood -willow riparian forest (southern cottonwood -willow riparian forest) is a multilayered forest community dominated by Fremont cottonwood (Populus fremonili ssp. fremontii), black cottonwood (Populus balsamifera ssp, trichocarpa), black willow, and red willow. A second canopy layer consisting of arroyo willow, mule fat, poison oak, western false indigo (Amorpha fruticosa), and wild grape (Vitas girdiana) is often present. Common understory species consist of hoary nettle, branching phacelia (Phacelia ramosissima var. latifolia), rumex, and California blackberry. Several invasive weedy species are found in this vegetation type, including giant reed (Arundo donax), castor bean (Ricinus communis), and tree tobacco (Nicotlana glauca). 3.1.19 Open Water (12.1) Open water consists of lakes, reservoirs, and basins with permanently flooded conditions supporting vegetation tolerant of or requiring water. These bodies of water often contain several . phytoplankton species and filamentous blue-green and green algae. In shallow water, vascular species Including horned pondweed (Zannichellia palustrls), pacific mosquito fern (Azolla filiculoldes), and duckweed (Lemna spp.) may be found floating on the water surface. R.*1PMW VRWM Tkh1Nrst-Setlee/DOC 26 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Submerged species may include pondweed (Potamogeton spp.), milfoil (Myriophyllum spp.), waterwort (Elatine spp.), and/or water nymph (Najas guadalupensis). 3.1.20 Basins (12.3) Basins (spreading grounds and detention basins) consist of enclosed water bodies such as detention/evaporation basins and small ponds. Basins often contain vegetation found in the herbaceous riparian community (7.1) and/or Ruderal vegetation (4.6). 3.1.21 Perennial Rivers and Streams (13.1) Perennial rivers and streams include watercourses such as flood control channels, streams, and rivers that contain water year-round. Portions of perennial rivers and streams can be vegetated with plants found in the herbaceous riparian vegetation (7.1), and/or the riparian scrub (7.2), woodland or forest vegetation types. 3.1.22 Ephemeral Drainages and Washes (13.3) Ephemeral drainages and washes contain herbaceous riparian (riparian herb) vegetation is an early successional stage of riparian scrub and forest. Flooding (or other disturbance factors) often scours woody riparian vegetation away and the site is rapidly colonized by pioneer wetland herbaceous plants such as Verbena spp., Artemisia douglasiana, Melilotus spp., Paspalum spp., Echinochloa crusgalli, Cynodon dactylon, Typha spp., Cyperus spp., Epilobium spp., O/yzopsis miliacea, Polypogon monspeliensis, Diplachne (Leptochloa) uninerva, Xanthium spp., Polygonum lapathifolium, Sorghum halepense, Ambrosia psilostachya, Brassica spp., • Raphanus sativa, Melilotus spp., and Veronica spp. Flooding in these areas is frequent. This habitat type is often intergrades with the oak woodland community. 3.1.23 Flood Control Channels (13.4) Flood control channels consist of concrete -lines and soft -bottomed watercourses designed to convey large volumes of water during rain events. Flood control channels are generally unvegetated but vary greatly and may support herbaceous riparian (7.1), willow riparian scrub (7.2) and mule fat scrub vegetation types (7.3). 3.1.24 Dryland Crops (14.1) Dryland crops (dryland field crops) consist of planted crops, annual grasses, and forbs harvested for livestock feed. Planted genera include species of Hordeum, Avena, and Trifolium. This type of dryland farming occurs throughout the low-lying foothill and valley portions of the county. 3.1.25 Irrigated (14.2) Irrigated areas (irrigated row and field crops) consist of agricultural operations including annual crops. Irrigated areas are generally devoid of native vegetation and are located throughout non - mountainous portions of the watershed. 3.1.26 Vineyard and Orchard (14.3) isThe vineyard and orchard vegetation type consists of commercial fruit and nut farming operations (e.g., oranges, apples, avocados, pistachios, and grapes). Orchards and vineyards R.1PmjeclsURWDW1oTechWTS 1-3-011804.000 27 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System are generally devoid off native vegetation and are located throughout non -mountainous portions of the watershed. • 3.1.27 Nurseries (14.6) Nursery operations are found in lowland areas throughout the county. 3.1.28 Urban and Commercial (15.1) Urban and commercial (urban and non -urban commercial/industrial/institutional) consists of man-made structures, paved areas, and roadway rights -of -way. Urban and commercial is completely devoid of native vegetation and is located throughout incorporated portions of the county within the watershed. 3.1.29 Transportation (15.4) Transportation consists of freeways and the arterial highway system. Transportation is completely devoid of native vegetation and located throughout Incorporated portions of the county within the watershed. 3.1.30 Ornamental Landscapina (15.5 Ornamental landscaping (parks and ornamental plantings) consists of Introduced trees, scrubs, flowers and turf grass used in parks and ornamental plantings. Ornamental vegetation generally consists of nonnative species, some of which may serve as habitat for wildlife species common to urban settings. This vegetation type occurs in greenbelts, parks, and horticultural • plantings throughout urban areas and adjacent to freeways and arterial streets. 3.1.31 Other Developed Areas (15.6) Other developed areas consist of areas not included in other vegetation types under the developed category (i.e., 15.1 through 15.5). Within the study area this vegetation type consists of reinforced retaining berms or slopes of reservoirs. 3.1.32 Disturbed or Barren (16.1) Disturbed or barren areas either lack vegetation or are dominated by a sparse cover of Ruderal vegetation, such as tocalote, wild oat (Avena fatua), black mustard (Brass/ca n/gra), prickly sow thistle (Sonchus Asper), and prickly lettuce (Lactuca serrio/a). This vegetation type occurs throughout the watershed In areas subject to repeated disturbance. 3.2 WILDLIFE INVENTORY The following presents a discussion of common wildlife species expected to occur in the study area. 3.2.1 Wildlife Aquatic Invertebrates Many common invertebrates and invertebrate larvae (i.e., nymphs) typically Inhabit stream • habitats. The diversity of invertebrates provides one of the best Indicators of a stream's overall health and ecological condition (Fore 1998). The highest diversity and numbers of invertebrate R•1Pm)fttXURWD0oTKhWTS 14011M,00C 28 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System species are found in creeks with clean, clear, oxygenated waters with rocky bottoms (i.e., 'riffle" • conditions). Human activities that alter a watershed and interfere with the natural processes of a stream have immediate as well as long-lasting effects on the animals that live in the stream. Many portions of the San Diego Creek have been modified to increase capacity for stormwater flows. During storm events, urban runoff collects on impervious surfaces (e.g., roads and other paved areas) and flows into the creek at relatively high rates which can flush vegetation and organisms, including aquatic invertebrates downstream. The urban nature of low- and, storm flows has resulted in water within the creek that is low in oxygen and laden with pollutants, including pesticides (Tetra Tech 2000): Given the degraded hydrologic condition of San Diego Creek and poor water quality of flows, the creek is expected to contain very few types and low numbers of invertebrate species consisting mainly of soft -bodied animals. Invertebrates observed during surveys conducted by Harmsworth Associates (Harmsworth 2002) included poor water -quality tolerant species. The most common taxa observed were flatworms (Tricladida), with common amphipods (Family Hyalellidae) and freshwater clams (Family Sphaeriidae) occurring at lower concentrations. Other species observed included dragonfly larvae (Anax sp.), fly larvae (Families Chironomidae and Empididae), damselfly larvae (Family Chromagrion), mosquito larvae (Culex sp.), aquatic worms (Family Lumbriculidae), freshwater snail (Physa gyrina) and swamp crayfish (Procabarus clarki). Construction of the Type II (in -line) NTS Facilities would modify the hydrology of portions of San Diego Creek allowing water to pond or inundate behind permanent and temporary weirs. The presence of ponding water would not significantly alter the species composition of invertebrates within the creek. In general, the species expected to occur are tolerant of a range of conditions and would be expected to remain in the established wetlands. However, other species requiring • ponded conditions would be expected to occur, including snails (Order Gastropoda), water bugs (Order Hemiptera [e.g., Gerris spp.]), and dragonflies (Order Odonata). Additionally, species of diving beetle (Dysticus spp.) and mosquito (Culex spp.) would be expected to proliferate in most of the created wetlands. Impacts on invertebrates would be considered less than significant because the species composition would not be dramatically changed. In addition, Type I and II facilities would provide additional habitat for aquatic invertebrate species. However, the creation of ponds could provide favorable breeding habitat for the mosquito, a disease -carrying nuisance species. The presence of favorable habitat may result in increased populations of mosquito in the vicinity of the NTS Facility sites. However, areas providing potential habitat for mosquitoes will be managed in accordance with the vector control plan prepared for the project in cooperation with Orange County Vector Control as part of the Operation and Maintenance Plan. Fish Surveys were conducted by Harmsworth and Associates in November 1999 to identify native fish species within the NCCP/HCP as part of an extensive biological resource baseline to be used in the formulation of a SAMP program for the San Diego Creek Watershed. Fish species that were the focus of the survey include the Santa Ana speckled dace (Rhinichthys osculus), arroyo chub (Gila orcutti), armored three-spined stickleback (Gasterosteus aculeatus microcephalus), tidewater goby (Eucyclogobius newberryi), Santa Ana sucker (Catostomus santaanae), coastal rainbow trout (Oncorhynchus mykiss irideus), and southern steelhead (Oncorhynchus mykiss irideus). The survey concluded that none of these native fish species occur in the San Diego Creek Watershed. Although a relatively large watershed system, the San Diego Creek watershed lacks permanent stretches of water in its tributaries that are defined as ephemeral washes and/or agricultural R:1Proleclsl1RWDleioTech1NTS 14UM04.DDC 29 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System Draft ditches. Additionally, introduction of non-native fish species combined with habitat modification has resulted in the extirpation of most native flsh species from the study area. Freshwater fish in the study area consist primarily of exotic species that have historically been released for recreational fishing and vector control, and Individuals from the pet trade. Non-native fish species known to occur in the study area Include mosquito fish (Gambusia afflnts), fathead minnow (Pimephales promelas), red shiner (Cyprinella lutrensis), carp (Cyprinus carpio), green sunfish (Lepomis cyanellus), largemouth bass (Micropteras salmoides), bullhead (Ameiurus sp.), bluegill (Lepomis macrochlrus), and threadfin shad (Dorosoma petenense). Amphibians Amphibians require moisture for at least a portion of their life cycle and many require standing or flowing water for reproduction. Terrestrial species may or may not require standing water for reproduction. These species are able to survive in dry areas by aestivating (t.a,, remaining beneath the soil in burrows or under logs and leaf litter, emerging only when temperatures are lbw and humidity is high). Many of these species' habitats are associated with water and they emerge to breed once the rainy season begins. Soil moisture conditions can remain high throughout the year in some habitat types, depending on factors such as amount of vegetation cover, elevation, and slope aspect. Common native amphibian species expected to occur In the study area Include the California newt (Taricha torosa), Monterey salamander (Ensatina eschscholtzit), black -bellied slender salamander (Batrachoseps nigrlventris), Pacific slender salamander (Batrachoseps pacificus), arboreal salamander (Aneldes lugubris), western toad (Bufo boreas), Pacific treefrog (Hyla regilla), and California treefrog (Hyla cadaverina). Non-native amphibian species expected to occur in the study area include the bullfrog (Rana catesbefana) and African clawed frog • (Xenopus laevis). Reptiles Reptile diversity and abundance typically varies With vegetation type and character. Many species prefer only one or two vegetation types; however, most will forage in a variety of habitats. Most species occurring in open areas use rodent burrows for cover, protection from predators, and refuge during extreme weather conditions. Native reptile species expected to occur in the watershed include the side -blotched lizard (Uta stansburiana), western skink (Eumeces skilOnianus), western fence lizard (Sceloporus occidentalis), southern alligator lizard (Elgarla multicarinatus), coastal western whiptail (Cnemidophorus tigrls tlgris), coachwhip (Masticophls flagellum), long -nosed snake (Rhlncheilus leconteo, two -striped garter snake (Thamnophis hammond1l), south coast garter snake (Thamnophis sirtalls spp.), common kingsnake (Lampropeltis getutus), black -headed snake (Tantilla planiceps), ringneck snake (Diadiphis punctatus), glossy snake (Arizone elegans), lyre snake (Trimorphodon biscutatus), and Southern Pacific rattlesnake (Crotalus viddis helen). Non-native reptile species expected to occur within the watershed include the red -eared slider (Pseudemys scripta elegans), yellow -bellied slider (Pseudemys sclipta scripta), and spiny softshell (Trionyx spiniferus). Birds A variety of bird species are expected to reside in the study area utilizing habitats in the study • area throughout the year. Other species are present only during certain seasons. For example, many shorebirds have potential to occur in the study area during the winter season, but migrate out of the region for the breeding season. R %Pw*AsVRW0Uk TKKNTS 1-3411801DOC 30 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Resident bird species expected to occur in the study area include the pied -billed grebe • (Podilymbus podiceps), great blue heron (Ardea herodias), great egret (Ardea alba), cattle egret (Bubulcus ibis), green heron (Botaurus lentiginosus), black -crowned night -heron (Nycticorax nycticorax), turkey vulture (Cathartes aura), mallard (Anas platyrhynchos), cinnamon teal (Anas cyanoptera), ruddy duck (Oxyura jamaicensis), red -shouldered hawk (Buteo lineatus), red-tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), California quail (Callipepla californica), Virginia rail (Rallus limicola), killdeer (Charadrius vociferous), black -necked stilt (Himantopus mexicanus), American avocet (Recurvirostra americana), western gull (Lanus occidentalis), Caspian tern (Sterna casp/a), mourning dove (Zenaida macroura), common ground -dove (Columbina passerina), greater roadrunner (Geococcyx californianus), barn owl (Tyco a/ba), great horned owl (Bubo virginianus), white -throated swift (Aeronautes saxatal/s), Anna's hummingbird (Calypte anna), Allen's hummingbird (Selasphorus sasin), acorn woodpecker (Melanerpes formicivorus), Nuttall's woodpecker (Picoides nuftal1/1), downy woodpecker (Picoides pubescens), northern flicker (Colaptes auratus), black phoebe (Sayornis nigricans), Cassin's kingbird (Tyrannus vociferans), Hutton's vireo (Vireo huttonll), western scrub jay (Aphelocoma californica), American crow (Corvus brachyrhynchos), common raven (Corvus corax), tree swallow (Tachycineta bicolor), violet -green swallow (Tachycineta tha/assfna), oak titmouse (Baeolophus inornatus), bushtit (Psaltriparus minlmus), Bewick's wren (Thryomanes bewickll), house wren (Troglodyes aedon), marsh wren (Cistothorus palustris), wrentit (Chamaea fasciata), northern mockingbird (Mimus polyglottos), California thrasher (Toxostoma redivivum), phainopepla (Pha/nopepla nitens), American robin (Turdus migratorius), orange -crowned warbler (Vermivora celata), yellow-rumped warbler (Dendroica coronata), common yellowthroat (Geothlypis trichas), spotted towhee (Pipilo maculates), California towhee (Pipilo crissa//s), rufous -crowned sparrow (Aimophila ruficeps), lark sparrow (Chondestes grammacus), sage sparrow (Amphispiza belle), fox sparrow (Passere//a 11/aca), red -winged' • blackbird (Agelaius phoeniceus), western meadowlark (Sturnella neglecta), Tricolored blackbird (Agelaius tricolor), Brewer's blackbird (Euphagus cyanocephalus), great -tailed grackle (Quiscalus mexicanus), brown -headed cowbird (Molothrus ater), purple finch (Carpodacus purpureus), house finch (Carpodacus mexicanus), lesser goldfinch (Carduelis psaltria), and American goldfinch (Carduelis tristis). Non-resident bird species expected to breed (i.e., occur in the spring and/or summer) in the study area include Forster's tern (Sterna forsten), black -chinned hummingbird (Archilochus a/exandri), Hammond's flycatcher (Empidonax hammondil), dusky flycatcher (Empidonax oberholsen), northern rough -winged swallow (Stelgidopteryx serripennis), cliff swallow (Petrochelidon pyrrhonota), barn swallow (Hirundo rustica), western tanager (Piranga ludovic/ana), black -headed grosbeak (Pheucticus melanocephalus), and blue grosbeak (Guiraca caerulea). Wintering bird species expected to occur in the study area include western grebe (Aechmophorus occidentalis), Clark's grebe (Aechmophorus clarkil), eared grebe (Podiceps n/gricollis), Canada goose (Branta canadensis), gadwall (Anas strepera), American wigeon (Anas americana), blue -winged teal (Anas discors), northern shoveler (Anas clypeata), northern pintail (Anas acuta), green -winged teal (Anas crecca), canvasback (Aythya val/sineria), redhead (Aythya americana), ring-necked duck (Aythya collaris), lesser scaup (Aythya afnis), bufflehead (Bucephela albeola), hooded merganser (Lophodytes cucullatus), sora (Porzana Carolina), common moorhen (Gallinula chloropus), American coot (Fulica americana), spotted sandpiper (Actitis macularia), willet (Catoptrophorus semipalmatus), greater yellowlegs (Tringa melanoleuca), long -billed curlew (Numenius americans), western sandpiper (Calldris maun), • least sandpiper (Calidris minut/Ila), short -billed dowitcher (Limnodromus scolopaceus), Bonaparte's gull (Larus philadelphia), California gull (Larus californicus); belted kingfisher (Ceryle alcyon), red -breasted sapsucker (Sphyrapicus ruber), Say's phoebe (Sayornis saya), Townsend's solitaire (Myadestes townsendil), rock wren (Sa/pinctes obsoletus), golden -crowned RAProjedsVRM810 Tech1NT51.3-01180900C 31 Biological Resources Technical Study San Diego Croak Watershed Natural Treatment System kinglet (Regulus satrapa), ruby -crowned kinglet (Regulus calendula), blue -gray gnatcatcher (Polloptila caerulea), western bluebird (Sialia mexicana), mountain bluebird (Slalia currocoides), • Swainson's thrush (Catharus ustulatus), hermit thrush (Catharus guttatus), American pipit (Anthus rubescens), cedar waxwing (Bombycilla cedrorum), Lincoln's sparrow (Me/ospiza Iinco/nit), white -crowned sparrow (Zonotdchia leucophrys), golden -crowned sparrow (Zonotrtchia atricapilla), vesper sparrow (Pooecetes gramineus), white -throated sparrow (Zonotrichia alblcollis) and dark -eyed junco (Junco hyemalis). Migrant bird species expected to occur in the study area Include the black -bellied plover (P/uvialis sguatarola), semipalmated plover (Charadrius semipalmatus), lesser yellowlegs (Tringa flavipes), solitary sandpiper (Tringa solitaria), whimbrel (Numenius phaeopus), marbled godwit (Limosa fedoa), dunlin (Calldris aipina), Wilson's phalarope (Pha/aropus tricolor), red - necked phalarope (Phalaropus /obatus), rufous hummingbird (Se/asphorus rufus), western woad -pewee (Contopus sordidulus), ash -throated flycatcher (Myiarchus cinerascens), western kingbird (Tyranrlus verticalis), Cassin's vireo (Vireo cassinli), warbling vireo (Vireo gilvus), Nashville warbler (Vermivora ruflcapilla), black -throated gray warbler (Dendroica nigrescens), Townsend's warbler (bendroica townsendli), MacGillivray's warbler (Oporornis tolmiei), Wilson's warbler (Wllsonia pusilla), chipping sparrow (Sp/zelle passerina), lazuli bunting (Passertna amoena), hooded oriole (Icterus cucullatus), and Bullock's oriole (Icterus bullockli). Mammals Common small mammal species expected to occur in the watershed include the ornate shrew (Sorex ornatus), desert shrew (Notiosorex crawfordo, broad -footed mole (Scapanus /atimanus), desert cottontail (Sylvilagus audubonlo, black -tailed jackrabbit (Lepus californicus), California ground squirrel (Spermophilus beecheyi), Botta's pocket gopher (Thomomys bottae), San Diego . pocket mouse (Chaetodipus fallax), California vole (Microtus callforn/cus), house mouse (Mus musculus), dusky -footed woodrat (Neotoma fusclpes), California mouse (Peromyscus californicus), cactus mouse (Peromyscus eremlcus), deer mouse (Peromyscus maniculatus), black rat (Rattus rattus), and western harvest mouse (Reithrodonomys megalotis), Common bat species expected to occur in the watershed Include the big brown bat (Eptesicus fuscus), western red bat (Lasiurus blossevillo, hoary bat (Lasiurus cinereus), California myotis (Myotis californicus), eastern small -footed myotis (Myotls le/bit), western pipistrelle (Pipistrellus hesperus), and Brazilian free -tailed bat (Tadarida brasiliensis). Larger mammal species expected to occur In the watershed include the Virginia opossum (bidalph/s virginiana), coyote (Canis /atrans), gray fox (Urocyon cinereoargenteus), common raccoon (Procyon lotor), striped skunk (Mephitis mephitis), long-tailed weasel (Muste/a frenata), American badger (Taxidea taxus), mountain lion (Fells concolor), bobcat (Lynx rufus), and mule deer (Odocoileus hemlonus). 3.2.2 Wildlife Movement The Central -Coastal Subregional NCCP/HCP provides sufficient mitigation to mitigate the Impacts of all permitted development activities on connectivity and wildlife movement. The NCCP and the EIR/EIS establish that Reserve design, which is comprised of both Special Linkages and contiguous blocks of sensitive habitat, protects not only core habitat, but also biological connectivity, which assures wildlife movement, species dispersal and interchange, genetic exchange, and refuge from catastrophic events, such as major fires, See NCCP • Sections 3.1, 3.2, 3.5, 3.6.3, 3.6.4, 4.4.1, 4.4.2; and EIR/EIS Sections 2.3, 5.2.2, 5.2.3, 6.2.4. 7.1.1. The NCCP and EIR/EIS further establish that the connections within the Reserve and provided by Special Linkages meet the requirements of the NCCP Act and NCCP Conservation WMW.BURwoleloT0ChWrs 1-3-011804 ooc 32 Biological Resources Technfcal Study San Diego Creek Watershed Natural Treatment System Draft Guidelines related to provision of corridors and linkages benefiting target species. See NCCP • Section 8.2.3 and EIR/EIS Section 7.2.1. The EIR/EIS goes on to find that both the Coastal Subarea and the Central Subarea Reserve and Special Linkages provide connectivity functions that avoid impacts and enhance connectivity in both subregions. Specifically, the EIR/EIS finds that the connectivity commitments made by participating landowners serve as mitigation measures for'impacts to animal movement of Identified Species within the subarea resulting from Planned Activities within development areas for both the Coastal subregion (see EIR/EIS Section 7.2.1.0 (p. 7-14)) and for the Central subregion (see EIR/EIS Section 7.2.1.0 (p. 7-23). The EIR/EIS also generally finds that all direct and indirect impacts to Identified Species are mitigated to a level of insignificance (see EIR/EIS Sections 8.3 and 8.4, including p. 8-26 and 8-79). The IA captures this finding in a commitment from the agencies to participating landowners. The IA provides that local agencies, USFWS and CDFG may not ask for any further mitigation for direct or indirect impacts of Planned Activities to Identified Species. [See IA Sections 4.4.2(9), 8.1(b), 8.6(a), and 8.7(a).] Under the IA, indirect impacts of Planned Activities are interpreted to include impacts from Planned Activities to wildlife movement. The proposed NTS Facility Sites do not by themselves provide functional connections between two or more habitat patches that would otherwise be fragmented or isolated from one another. However, many of these sites are located within, or immediately adjacent to, areas that do, or have the potential to, support water for short periods of time and may support wildlife movement within regional open space areas. Therefore, while the proposed NTS Facilities are not expected to impact wildlife movement, they may facilitate wildlife movement in the region by contributing to overall habitat diversity and providing significant water quality improvements. • 3.3 SPECIAL STATUS BIOLOGICAL RESOURCES The following section addresses special status biological resources observed, reported, or having the potential to occur within the study area. These resources include plant and wildlife species that have been afforded special status and/or recognition by federal and state resources agencies, as well as private conservation organizations (i.e., CNPS). In general, the principal reason and individual taxon (i.e., species, subspecies, or variety) is given such recognition is the documented or perceived decline or limitations of its population size, geographic range, and/or distribution resulting in most cases from habitat loss. Tables 2 and 3 provide a summary of special status plant and wildlife species known to occur in the region. The tables provide information on the status and potential for occurrence of the special status species and definitions for the various status designations. In addition, special status biological resources include vegetation types and habitats that are either unique, of relatively limited distribution in the region, or of particularly high wildlife value. These resources have been defined by federal, state, and local government conservation programs. Sources used to determine the special status of biological resources are as follows: • Plants — Electronic Inventory of Rare and Endangered Vascular Plants of California. (CNPS [2001]); CNDDB (CDFG 2001); Various Federal Register notices from the USFWS regarding listing status of plant species. • Wildlife — California Wildlife Habitat Relationships Database System (CDFG 1991); CNDDB (CDFG 2001); Various Federal Register notices from the USFWS regarding listing . status of wildlife species; List of Special Animals (CDFG 2001). • Habitats — CNDDB (CDFG 2001). R.IPf*ctsMRWM1oTechWTS i-MI1804 DOC 33 Biological Resources Technical Study Set) Diego Creek Watershed Natural Treatment System TABLE 2 SPECIAL STATUS PLANT SPECIES WITH POTENTIAL • TO OCCUR IN THE VICINITY OF LOCAL NTS FACILITY SITES Status Potentleilo Fitclerall Species state CNPS NCCP Sites with Potential Occurrence Occur Abronfa villoso var. audta chaparral sand verbena None 1B NO Low potential at Sites 39 and 46 Low Afdplex coulled None 1B NO Low potential at Sites 13, 39, and Low CoUlter's sahbush 46. AtdpleX paciRca None 18 NO Low potential at Sites 13, 39, and south coast saltscale 46.Law Ahiplex seremma Yet. davidsonll None 16 NO LOW potential at Sites 13, 39 and Low Davidson's sellscale 46. Brodlaes hlifolla FT/CE is NO Potential to occur at Sites 68, 69C Low thread -leaved brodlaoe and 69E. Calochortus plummeme Plummer's madpogalll SOC 1B NO Potential to occur at Sitesl3, and 39 Very -Low Celochorfus weedtl var. Infermedfus Intermediate mariposa Illy (Foothill None is CC Low potential to occur at NTS Sites LOW Mariposa III 13 and 3B. Camissonla fewisil Nona 3 NO Low potential to occur at NTS Sites Low Lewis's evenin primrose 13 and 39, Centromadia parryl ssp. eustmlls None 1B NO Low potential to occur at Sites 31, Low southern to ant 32. 39.46, 62 an 64. Chodzenthe procumbens Nona 4 NO Low potential to occur at NTS Sites Very Lour prostrate spineflower 13 and 39. D4dfeya multicaulls None 1B NO Potential to occur at Sites 13, 39, Vary Low many -stemmed dudle a 68,690 and 69E. Harpagonelle palmed None 4 NO Potential to occur at Sltes13, 39 68, Very Low Palmer's ra f hook 69C and 69E. Hordeum Interoadens None 3 NO Low potential to occur at NTS Sites Very LoW vernal bade 13, 39 and 46. Horkella cuneate ssp. puberula None 16 NO LOW Potential to occur at NTS Site Low mesa horkella 13. Isocoma menzlesil var. decumbens None 1B NO LOW potential at Sites 13, 39, and Low decumbent oldenbush 46. Lasthemaglabratassp.couiled Coulter's goldfields None 1B NO Low potential at Site62. Low Lepfdium vi ginlcum ssp. robinsonli None 18 NO Potential to occur at Sites 68, 60C Low wild Pe 'ass and 69E.. Nollne c/smontend chaparral rosins None 1B NO Low potential to occur at Site 13, Low Romneye coulter! None 4 C Not present within any NTS site due None Coulter's matlll a to lack of suitable habitat. Sldafcea neomexicone salt spring checkerblolxn None 2 NO Low potential to occur at Site 39, LOW Verbesine disslte FTICT 18 NC Not present within any NTS site due None crownbeard to lack of suitable habitat. LEGEmp Fe USFWS) Biale(CDFG) NCCP COVERAGE FE Endangered CE Endangered C Full Regulatory Coverage FT Threatened CT Threatened CC Conditionally Covered PE Proposed Endangered PE Proposed Endangered NO No Regulatory Coverage PT Proposed Threatened PT Proposed Threatened SOC Species or Concsm' SSC Species of Special Concern' PC Federal Candidate SC Slate Candidate California Native Plant Society (CNPS)' to Plants Presume Extinct in California 1B Plants Rare,Threatened, or Endangered In California and Elsewhere 2 Plants Rare,Threatened, or Endangered in California but More Common Elsewhere 3 Plants About Which We Need Mwe information —A Review List 4 Plants of Limited Dlsbibudon—A Watch List ' This designation, although not an active lens, has been reinstated for Informational purposes only. ' Several CNPS List 4 species including but not limited to Romneya coullad, Calochodus calefinae, De/ncgndra particulate and Ereochads parvule have the Datential to occur on many sues. R.wreiectsuawolawTechWrS 13e11804.000 34 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System 11 • • TABLE 3 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION = Status. Species Sites with'Potential Occurrence Fedmral' ' State Invertebrates Branchinecta sandiegonensis FE None None; lack of suitable habitat. San Diego fairy shrimp Euphidrya editha quino FE None None; outside of known range. Quino checkers of butterfly Streptocephalus wootoni FE None None; lack of suitable habitat. Riverside fairy shrimp Fish Catostomus santaanae FT SSC None; outside of known range . Santa Ana sucker Eucyclogobius newberryi FE SSC None: outside of known range tidewater ob Gila oroutti None SSC None; outside of known range arroyo chub Rhinichthys osculus None SSC None; outside of known range Santa Ana speckled dace Amphibians Bufo microscaphus califomicus FE SSC/P None; lack of suitable habitat arroyo southwestern toad Scaphiopus hammondi SOC SSC/P Low potential to occur at Site13. westerns adefoot toad Taricha torosa torosa None SSC None: lack of suitable habitat. coast range newt Reptiles Clemmys marmorata pallida SOC SSC/P Sites 39 and 46 southwestern pond turtle Cnemidophorus hyperythrus beldingi None SSC/P Sites 13 and 39 Beldin 's oran e-throated'whi tail Crotalus exsul None SSC Sites 13 and 39 northern red -diamond rattlesnake Lampropeltis zonate pulchra None SSC None; outside known elevation San Diego mountain kin snake ran e Lichanura trivirgata rosefusca SOC None Low potential to occur at Sites 13 coastal rosyboa and 39 Phrynosoma coronatum blainvillei SOC SSC/P Sites 13 and 39 San Diego coast homed lizard Salvadora hexalepis virgultea None SSC Site 13 coastpatch-nosed snake Thamnophis hammondii None SSC/P Low potential to occur at Sites 13, two-stri ed artersnake 27,31,42,46 and 62. Thamnophis sirtalis spp. None SSC Low potential to occur at Sites 31, south coast arter snake 27, 42, 46, 49, and 62 South Coast Garter Snake None SSC/P Low potential to occur at Sites 13, two -striped garter snake 27, 31, 42, 46, 62, 49, and 62. Birds Accipitercoopedi All sites for foraging; Sites 9, 13, None SSC 39, 42, 46, 56, 61, and 62 for Cooper's hawk nesting Buteo swainsonii None T A rare migrant, very limited Swainson's hawk potential to occur. elaius tricolor rAthene None SOC Breeding Sites 31, 46, 49, 61, and tricolored blackbird 62. Fora in onl on all sites cunicularia SOC SSC Sites 13, 16, 18, 27, 39, 46. and R.TrojeotMJRWD1BIoTechwTS i-M11804AOC 35 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System TABLE 3 (Continued) SPECIAL STATUS WILDLIFE SPECIES KNOWN • TO OCCUR IN THE PROJECT REGION status Species Sites with Potential Occurrence Federal state burrowing owl 62. Campylorhynchusbrunnelcapllluscouesl None SSC Potential to occur on southern coastal cactus wren cactus scrub adjacent to Site 13. Circus cyaneus Breeding on Sites 39, 46, and 62. northern harrier None SSC Foraging only potential on all sites. Empidonax tralllii extlmus FE CE Low pbtentiatto occur on Sites 13, southwestem willow, flycatcher 27. 39,46 and 62. Made virens allow -breasted chat None SSC Sites 13, 27, 39, 46 and 62 Passercultls sandwlchensls beldingi 's None CE None; lack of suitable habitat. Beldin savannahs arrow Polfoptila callibmlca calilomlca Potential to occur In CSS habitat coastal California gnatcatcher FT SSC adjacent to Sites 13, 39, 46, and 62. Ralluslongiroshislevipes FE CE/FP Sites 46and 62 light -tooted clapper rail Stema antillarum brownf FE CEIFP Sites 39, 46, and 62 (foraging California least tem only) Known to occur in riparian Vireo bellit pusillus FE CE woodland habitats at Sites 13, 27, least Bell's vireo 39, 46, and 62. Very low potential to occur at Site 27. Mammals Antrows pallidus pallid bat None SSC Sites 13, 27, 39, and 46 Eumops perolis None SSC Sites 13, 27, 39, and 46 (foraging California mastiff bat only) Myotls yumanensis SOC None Sites 13, 27, 39, and 46 uma m otis Perognathus longimembris paci(rcus FE None None; outside of known range Pacific pocket mouse LEGEND Federal (USFWS) State (CDFG) FB Endangered E )endangered FT Threatened T Threatened PE Proposed Endangered PE Proposed Endangered PT Proposed Threatened PT Proposed Threatened C Candidate Species SSC Species of Special Concern SOC Species of Concern' FP Fully Protected P Protected ' This desl nallon, although not an active tens, has been reinstated for Informational Durposes only. 3.3.1 Definitions of Spec/al Status Biological Resources r 1 U Special status habitats are vegetation types, associations, or subassociations that support concentrations of special status plant or wildlife species, are of relatively limited distribution, or are of particular value to wildlife. Although special status habitats are not afforded legal protection unless they support protected species, potential impacts on them may increase concerns and mitigation suggestions by resources agencies. • aunged uawDT10 TechWTe r-aof rew.Doc 36 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System A federally -listed Endangered species is a species facing extinction throughout all or a • significant portion of its geographic range. A federally -listed Threatened species is a species likely to become endangered within the foreseeable future throughout all or a significant portion of its range. The presence of any federally Threatened or Endangered species on an area proposed for development may lead to a CEQA finding of "significance" and requires consultation with the USFWS, particularly if development would result in "take" of the species or its habitat. A federally -listed species is protected from unauthorized "take" pursuant to Section 9 of the federal ESA. 'Take,' as defined by the federal ESA, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or to attempt to engage in any such conduct. All "persons" are presently prohibited from taking a federally -listed species unless and until 1) the appropriate Section 10(a) permit has been issued by the USFWS; or 2) an incidental take statement is obtained as a result of formal consultation between a federal agency and the USFWS pursuant to Section 7 of the federal ESA and implementing regulations pertaining thereto (50 CFR 402). 'Person" is defined in the federal ESA as an individual, corporation, partnership, trust, association, or any private entity; or any officer, employee, agent, department or instrument of the federal government, or any state, municipality or political subdivision of the state, or any other entity subject to the jurisdiction of the United States. It should be noted that "Take" as identified above only applies to wildlife species. "Take" may be permitted pursuant to Section 10(a) of the federal ESA if a HCP, which is prepared pursuant to regulations at 50 CFR 17.22(b)(2) and 50 CFR 17.32 (b)(2), is approved by the USFWS. These regulations require, in part, that the "take" can be permitted only when the taking is incidental to, but not the purpose of, an otherwise lawful activity and that the permit applicant shall, to the maximum extent practicable, minimize and mitigate the impacts of such taking. The NCCP is a HCP that provides a Section 10(a) Permit and Section 2081 • authorization to take the species and adversely modify the habitats discussed in Section 3.3.1. It further mitigates impacts to all covered species and habitat to a level of insignificance under CEQA. Proposed Threatened and Proposed Endangered species are those officially proposed by the USFWS for addition to the federal Threatened and Endangered species list. Because proposed species may become listed as Threatened or Endangered prior to or during implementation of a proposed development project, they are treated here as though they are listed species. The CESA (Fish and Game Code Sections 2050 to 2097) is administered by the CDFG and prohibits the take of plant and animal species designated by the Fish and Game Commission as either Threatened or Endangered in the State of California. "Take" in the context of the CESA means to hunt, pursue, kill, or capture a listed species, as well as any other actions that may result in adverse impacts when attempting to take individuals of a listed species. The State of California defines an Endangered species as a species whose prospects of survival and reproduction are in immediate jeopardy. A Threatened species is a species in such small numbers throughout its range that it is likely to become an Endangered species in the near future in the absence of special protection or management. A Rare species is one present in such small numbers throughout its range that it may become Endangered if its present environment worsens. Rare status applies to California native plants listed prior to the CESA. State Threatened and Endangered species are fully protected against take unless an incidental take permit is obtained from the CDFG under provisions of Fish and Game Code Sections 2081 and 2084. • Federal Species of Concern are species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). R:1ProJectSVRWMBIoTechMS 1.8-01180400C 37 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System California Species of Special Concern is an informal designation used by the CDFG for some declining wildlife species that are not state candidates, This designation does not provide legal • protection, but signifies that these species are recognized as special status by the CDFG. Species that are California Fully Protected and Protected include those protected by special legislation for various reasons, such as the mountain lion (Fells concolor) and white-tailed kite (Elanus leucurus). Fully Protected Species may not be taken or possessed at any time. California Protected Species include those species that may not be taken or possessed at any time except under special permit from CDFG issued pursuant to Sections 650 and 670.7 of the California Code of Regulations, or Section 2081 of the Fish and Game Code. A species that is considered a Special Animal is a species that is tracked by the CNDDB. Species of Local Concern are those that have no official status with the resource agencies, but are being watched by local conservation organizations because either there is a unique population in the region or the species is declining in the region. The CNPS is a private organization that has developed an inventory of California's special status plant species (CNPS 2001). This inventory summarizes the distribution, rarity, and endangerment of California's vascular plants. This rare plant inventory is comprised of four lists. CNPS presumes that List 1A plant species are extinct In California because they have not been seen in the wild for many years. CNPS considers List 1B plants as Rare, Threatened, or Endangered throughout their range. List 2 plant species are considered Rare, Threatened, or Endangered in California but more common elsewhere. Plant species for which CNPS needs additional information are included on List 3. List 4 plant species are those of limited distribution in California, but whose susceptibility to threat appears low at this time. Quino Checkerspot Butterfly (Euphydrayas editha guino) The Quino checkerspot butterfly is a federal Endangered species. The Quino checkerspot butterfly inhabits openings on clay soils within or in the vicinity of shrublands, grasslands, meadows, vernal pools, and lake margins. Its presence is closely tied to its larval host plant, dwarf plantain (Flantago erects) or owl's clover (Orthocarpus purpurescens). Historically, the species occurred in Orange County. The last remaining place for potential occurrence is in the vicinity of Irvine Lake (Zone 6). No NTS facilities are located within Zone 6. Surveys conducted by LSA Associates in 2001 for the East Orange General Plan area and no species were found. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage with the "conditions of coverage" as set forth in the IA. Western Spadefoot Toad (Scaphlopus hammondt) The western spadefoot toad is a federal Species of Concern and a State Species of Special Concern. This species Inhabits grassland, coastal sage scrub, and other habitats with open sandy gravel soils. The western spadefoot toad is primarily a species of the lowlands, frequenting washes, floodplains of rivers, alluvial fans, and alkali flats (Stebbins 1985). This species is rarely seen outside of the breeding season. They breed in vernal pools and temporary ponds. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage within the Coastal Subarea only without conditions of coverage as set forth in the IA. However, this species only has regulatory coverage under the NCCP/HCP program in the Coastal NCCP Subregion only. NTS facility Site 13 contains suitable habitat for the western spadefoot toad. However, no construction activities are proposed for this facility and the facility will continue to be operated as it has historically. Therefore no impacts to this species are anticipated. Also, RdP0Jed%VRWDW10TechWTS 1.3-011804.000 38 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft species populations within the NCCP Reserve System will provide for the continued existence of the toad. Orange -Throated Whiptail (Cnemidophorus hyperythrus) The orange -throated whiptail is a California Species of Special Concern and CDFG protected species. This species of lizard inhabits open areas of coastal sage scrub with gravelly soils, often with rocks, below 2,800 feet amsl in San Bernardino, Orange, Riverside, and San Diego counties. The orange -throated whiptail prefers well -drained friable soil of slopes that have a southern exposure and are barren or only sparsely covered with vegetation. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. Northern Red -Diamond Rattlesnake (Crotalus tuber tuber) The red -diamond rattlesnake is a State Species of Special Concern. It inhabits coastal sage scrub, chaparral, and grassland habitats that provide cover in the form of rocky outcrops or dense vegetation. This species ranges from southern San Bernardino County south into Baja California, at elevations of sea level to about 5,000 feet amsl (Stebbins 1985). It is found primarily along the coastal slope of the transverse and peninsular ranges. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. • Coastal Rosy Boa (Lichanura trivigata roseofusca) The coastal rosy boa is a federal Species of Concern. The rosy boa is a rather secretive snake that is found from the deserts to the coast but is generally uncommon throughout its southern California range. The coastal subspecies occurs from Los Angeles County south into Baja California, typically inhabiting rocky, chaparral covered slopes and canyons up to about 4,500 feet amsl. Population declines of this subspecies are attributable to habitat loss and collecting and it is now quite rare in much of its historic range. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. San Diego Coast Horned Lizard (Phrynosoma coronatum biainvillei) The San Diego coast horned lizard is a State Species of Special Concern. In addition, it is a CDFG protected species. It is a small, spiny, somewhat rounded lizard that occurs primarily in open or sparse scrub and chaparral habitats. This species prefers loose friable soil for burrowing. Three factors have contributed to its decline: loss of habitat, overcollecting, and the introduction of exotic ants. In some places, especially adjacent to urban areas, the introduced ants have displaced the native species upon which the lizard feeds (Hix 1990). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. Coast Patch -nosed Snake (Salvadora hexalepis virgu/teay • The coast patch -nosed snake is a State Species of Special Concern. This species prefers rocky areas in coastal sage scrub and chaparral (Fisher and Case 1997). Their primary prey is R-.TmJscts11RWD1810 TechlNTS 13-011804.DOC 39 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System Draft whiptail lizards and the presence of these lizards may be what determines habitat preferences for this snake (Jennings and Hayes 1994), Two -striped Garter Snake (Thamnophis hammondlo The two -striped garter snake is a federal Species of Concern, a California Species of Special Concern, and a CDFG protected species. It Is considered locally rare in southwestern California. It occurs primarily in wetlands and is found in freshwater marsh and riparian habitats with perennial water. The two -striped garter snake feeds on small fishes, frogs, and tadpoles. Limited suitable habitat for this species is present in the study area. Potential to occur Is very low. However, the project will involve creation of emergent marsh habitat which suitable for use by this species. South Coast Garter Snake (Thamnophis sirtalis spp.) The south coast garter snake is a federal Species of Concern. The snake is restricted to marsh and upland habitats near permanent water that have good strips of riparian vegetation and meadow -like habitats near marshlands. Potential to occur is very low. Potentially suitable habitat will increase with the creation of emergent marsh wetland habitat resources as a result of the implementation of the NTS program. Swainson's Hawk (Buteo swainsonit) The Swainson's hawk is a State Species of Special Concern. This species is a rare migrant that has limited potential to occur at all sites. Cooper's Hawk (Accipitercocperl� • The Cooper's hawk is a State Species of Special Concern. Both resident and migratory populations of this species exist in Orange County. Wintering Cooper's hawks are often seen in wooded urban areas and native woodland habitats. Preferred nesting habitats are oak and riparian woodlands dominated by sycamores and willows. Cooper's hawks in the region prey on small birds and rodents that live in woodland and occasionally scrub and chaparral habitats. Suitable foraging and nesting habitat for this species Is present in the watershed. Tricolored blackbird (Agelaius tricolor) The tricolored blackbird is a federal Species of Concern and State Species of Special Concern. The tricolored blackbird is a colonial North American passerine bird that is found most abundantly in California's Central Valley and vicinity. Its breeding range occurs from northwestern Baja California to southern Oregon and west of the Sierra Nevada to locations in coastal California (Grinnell and Miller 1944, Beady and Hamilton III 1999). A majority of the largest breeding colonies are in the Central Valley and, since 1980, breeding colonies have been found in 46 California counties (Beady and Hamilton ill 1999). Based on population estimates from one -day, range -wide surveys conducted in 1994 and 1997, Beady and Hamilton III (1997) document an overall decline of 37 percent since 1994. The tricolored blackbird is not migratory over most its range but is nomadic and are likely itinerant breeders (Hamilton III 1998). In the fall, nomadic flocks begin foraging for food. In the winter, the flocks forage and roost over a broader range (Zeiner et ai. 1990). The distribution of flocks and their nesting locations varies from year to year (Neff 1937, DeHaven et al. 1975). There is little data on the historic distribution of tricolored blackbirds in Orange County. The largest colonies probably occurred in South County in Canada Chiquita, Canada Gobernadora, ROPm0c1s1IRWD8oTe.hWt31.U11804.000 40 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • and San Juan Creek. Bontrager (1990), Hamilton and Willick (1996), and Gallagher (1997) documented the existence of 18 colony locations (all with less than 1,000 pairs) in Orange County between 1985 and 1990. In 1998, four additional colony locations (all with less than 100 pairs) were active (Harmsworth Associates 1998). It is not known how many of the 22 locations have had tricolors present over the past few years, but the habitat has been cleared at a few of the sites. The larger colony locations were at Peters Canyon Regional Park, San Diego Creek, Canada Chiquita, Canada Gobernadora, and San Juan Creek. Tricolored blackbirds have been absent from the San Joaquin Marsh in recent years but did breed there in the past (Stepniewski 1971). From range wide surveys done in 1994 and 1997, Beedy and Hamilton III (1997) recorded a decline in Orange County from 1,000 breeding tricolors in 1994 to 231 in 1997. The creation of emergent marsh habitat resources will provide significant long-term conservation values that will benefit the tricolored black bird as well as other sensitive and non - sensitive native plants and animal species. The water quality wetlands also improve water quality that will benefit the wildlife species that occur within the San Diego Creek Watershed including Upper Newport Bay and associated State Upper Newport Bay Ecological Reserve that are part of the NCCP/HCP Reserve System. As part of the basis for determining which plant and animal species would obtain long-term benefits from the NTS program, the CDFG and USFWS requested that an analysis be performed to identify the location and amount of grassland resources available in protected areas (i.e., NCCP Reserve System and Non -Reserve Open Space) within 5 km of the NTS facilities that could benefit the tricolored blackbird. This analysis identified a total of 4,928 acres of grassland within 5 km of all NTS facilities. The 5 km radius was obtained from a paper authored by Kurt F. Campbell, Campbell BioConsulting which states that during nesting, • tricolored blackbirds forage away from their nest sites, often well out of sight of the colony. The paper further states that most tricolored blackbirds have been observed foraging within 5 km (3.1 miles) of their colony sites, but -may commute distances of up to 13 km (8.1 miles). Emergent marsh habitat is the primary breeding habitat for this species. The combination of marsh habitat in close proximity to grasslands habitat is essential in providing suitable habitat for this species. This analysis identified a total of 4,928 acres of grassland within 5 km of all NTS facilities. Figure 33 illustrates the relationship between the NTS facilities and these protected grasslands. Table 15 and Figure 34 identify the amount of grassland resources that are with 5 km of each individual NTS site. In summary, the analysis shows that adequate grassland resources are available for use by the tricolored blackbird. The creation of emergent marsh habitat resources will provide significant long-term conservation values that will benefit the tricolored black bird as well as other sensitive and non - sensitive native plants and animal species. The water quality wetlands also improve water quality that will benefit the wildlife species that occur within the San Diego Creek Watershed including Peters Canyon Reservoir and State Upper Newport Bay Ecological Reserve that are part of the NCCP/HCP Reserve System. Burrowing Owl (Athene cunicularia) The burrowing owl is a federal Species of Concern and a State Species of Special Concern. Breeding and foraging habitat for this owl consists of grasslands, preferably on flat to low rolling hills in treeless terrain. The burrowing owl was formerly more common, but now is a rare resident of the coastal plain of southern California. RAProj0c18MRWD1e10 TechWTa 1-3-011804 DOC 41 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Coastal Cactus Wren (Campylorhynchus orunneicapillus couesi) • The coastal cactus wren is a State Species of Special Concern. It is an uncommon resident from southern Ventura County south to San Diego County and northwest Baja California. This bird requires sage scrub habitat with patches of prickly pear and/or cholla cactus. In Orange County, this species is considered an uncommon and local resident of coastal sage scrub habitat containing significant cactus patches. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA Northern Harrier (Cyaneus circus) The northern harrier is a State Species of Special Concern. It is a regular winter migrant and also occasionally breeds in the coastal plains of southern California. It can be expected at any month of the year and can be seen foraging in grassland, scrub, and riparian habitats. While once a relatively common hawk species during fall, winter, and spring in undeveloped areas, the northern harrier population is now greatly reduced and localized in distribution. Limited suitable foraging habitat for this species is present in the watershed. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. Southwestern Willow Flycatcher (Empidonax trail/i extimus) The southwestern willow flycatcher is a federally- and state -listed Endangered species. This subspecies was once considered a common breeder in coastal Southern California. However, • this subspecies has declined drastically due to a loss of breeding habitat and nest parasitism by brown -headed cowbirds. This bird species occurs in riparian habitats along rivers, streams, or other wetlands where dense growths of willows, baccharis, arrowweed (Pluchea spp.), tamarisk (Tamarix spp.), or other plants are present, often with a scattered overstory of cottonwood (Populus spp.). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that is covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 the IA. Yellow -Breasted Chat (icteria virens) The yellow -breasted chat is a State species of Special Concern. This large warbler was once a fairly common summer resident in riparian woodlands throughout California but is now much reduced in numbers, especially in southern California (Remsen 1978). For nesting, this species requires dense, brushy tangles near water and riparian woodlands supporting a thick understory. Coastal California Gnatcatcher (Polioptila californica califomica) The coastal California gnatcatcher is listed as federally Threatened and a State Species of Special Concern. This species occurs in most of Baja California's and regions but is extremely localized in the United States where it predominantly occurs only in coastal regions of the highly urbanized southern California counties of Los Angeles, Orange, Riverside, and San Diego (Atwood 1992). In California, this species is an obligate resident of several distinct sub - associations of the coastal sage scrub vegetation type. Brood parasitism by brown -headed . cowbirds and loss of habitat to urban development has been cited as the primary causes of the coastal California gnatcatcher population decline (Unitt 1984; Atwood 1990). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an R•1Pmjects11RW01BIoTechWTS 1."11804.00C 42 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. • Least Bell's Vireo (Vireo bellli pusillus) The least Bell's vireo is listed as a federal and state Endangered species. The vireo is now a rare and local summer resident of southern California's lowland riparian woodlands. While destruction of lowland riparian habitats has played a large role in driving this bird to its present precarious situation, brood parasitism by brown -headed cowbirds is the most important factor in its decline (Garrett and Dunn 1981). Local cowbird control programs have been very effective in maintaining some populations and the species has begun to recover (Small 1994). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIRlEIS 553, as an Identified Species that is covered only In accordance with the "conditions of coverage" set forth In Section 8.3.2 of the IA. Pallid Bat (Antrozus pallidus) The pallid bat Is a State Species of Special Concern that most commonly occurs in mixed oak and grassland habitats. This large bat roosts in rock crevices and in the cavities of trees, especially oaks. California Mastiff Bat (Eumops perotis callfornicus) The California mastiff bat, the largest bat in the United States, is a federal Species of Concern and a State Species of Special Concern. This species is a very wide-ranging and high -flying insectivore that typically forages In open areas with high cliffs. It roosts in crevices in small • colonies. Yuma Myotis (Myotis yumaensis) The Yuma myotis is a federal Species of Concem. This species occurs In a variety of habitats including riparian, arid scrublands, deserts, and forests (Bogan et al. 1998a). It is usually associated with permanent sources of water, typically rivers and streams, where it does most of Its foraging. This species roosts in bridges, buildings, cliff crevices, caves, mines, and trees (Bogan et al. 1998a). The CESA (Fish and Game Code Sections 2050 to 2097) is administered by the CDFG and prohibits the take of plant and animal species designated by the Fish and Game Commission as either Threatened or Endangered in the state of California. "Take" in the context of the CESA means to hunt, pursue, kill, or capture a listed species, as well as any other actions that may result in adverse impacts when attempting to take individuals of a listed species. The State of California defines an Endangered species as a species whose prospects of survival and reproduction are in immediate jeopardy. A Threatened species is a species in such small numbers throughout its range that it is likely to become an Endangered species in the near future in the absence of special protection or management. A Rare species is one present in such small numbers throughout its range that it may become Endangered if Its present environment worsens. Rare status applies to California native plants listed prior to the CESA. State Threatened and Endangered species are fully protected against take unless an incidental take permit is obtained from the CDFG. Proposed species are those officially proposed by the USFWS for addition to the federal • Threatened and Endangered species list. Because proposed species may become listed as Threatened or Endangered prior to or during implementation of a proposed development R:IPMjOMVRwb0OTechwT$14UM04.000 A3 Blotogical Resources Technical Study San Diego Creek Watershed Natural Treatment System project, they are treated here as though they are listed species. No species proposed for listing • by state or federal resource agencies occur within the project area. The State of California considers an Endangered species, a species whose prospects of survival and reproduction are in immediate jeopardy. A Threatened species is a species in such small numbers throughout its range that it is likely to become an Endangered species in the near future in the absence of special protection or management. A Rare species is one present in such small numbers throughout its range that it may become Endangered if its present environment worsens. Rare species applies to California native plants listed prior to the State Endangered Species Act. State Threatened and Endangered species are fully protected against take unless an incidental take permit is obtained from the wildlife agencies. Federal Species of Concern is species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). California Species of Special Concern is an informal designation used by the CDFG for some declining wildlife species that are not state candidates. This designation does not provide legal protection, but signifies that these species are recognized as special status by the CDFG. Species that are California Fully Protected and Protected include those protected by special legislation for various reasons, such as the mountain lion and white-tailed kite. Fully Protected Species may not be taken or possessed at any time. California ProtectedSpecies include those species that may not be taken or possessed at any time except under special permit from the department issued pursuant to Sections 650 and 670.7 of the California Code of Regulations, or • Section 2081 of the Fish and Game Code. A species that is considered a Special Animal is a species that is tracked by the CNDDB. Species of Local Concern are those that have no official status with the resource agencies, but are being watched because either there is a unique population in the region or the species is declining in the region. The California Native Plant Society is a private organization that has developed an inventory of California's special status plant species (CNPS 2001). This inventory summarizes the distribution, rarity, and endangerment of California's vascular plants. This rare plant inventory is comprised of four lists. CNPS presumes that List 1A plant species are extinct in California because they have not been seen in the wild for many years. CNPS considers List 1B plants as rare, threatened, or an throughout their range. List 2 plant species are considered rare, threatened, or endangered in California but more common elsewhere. Plant species for which CNPS needs additional information are included on List 3. List 4 plant species are those of limited distribution in California whose susceptibility to threat appears low at this time. 3.3.2 Special Status Plants Thirty-seven special status plant species are known to occur in the region. Brief descriptions of these species are listed below alphabetically according to their scientific name. Specific locations of species occurrences are a compilation of CNDDB (CDFG 2001) and CNPS (CNPS 2001) records, herbarium research, and knowledge from local experts. • Chaparral Sand Verbena (Abronia villosa var. aurita) The chaparral sand verbena is a CNPS List 1B species that typically blooms between January and August. It is a sprawling annual with rose-colored flowers. This variety is generally R.TrcJectsuawol010 Tuhwrs 1-3-01UKDoc 44 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Dralt restricted to inland valleys of western Riverside County, although there are some known localities in Orange and San Diego counties. It is found in areas of fine sand, often on benches • of alluvial habitats, but also occurs in openings of scrub or grassland from approximately 200 to 5,200 feet amsl. Low potential to occur in NTS Sites 13 and 39. Aphanisma (Aphanisma blitoldes) Aphanisma is a CNPS List 1 B species that typically blooms between March and June. It is an erect annual with very small (up to 1 millimeter) green flowers at the bases of leaves. This species Is found on the Channel Islands with occurrences In Los Angeles, Orange, Santa Barbara, and San Diego counties. It is associated with sandy soils In coastal bluff scrub, coastal dunes, and coastal scrub amsi to approximately 1,000 feet amsl. This species is not expected to occur within any of the proposed NTS sites due to lack of suitable habitat. Braunton's Milk -vetch (Astrapalus brauntonfil Braunton's milk -vetch is a federally Endangered species and a CNPS List 1B species that typically blooms between March and July. It is an erect, sometimes slightly spreading perennial with small (up to 12 mm), spiky, lilac colored flowers. This species is a limestone soil endemic but can also be found in down -wash sites associated with chamise (Adenostoma fasciculatum), our Lord's candle (Yucca whipplel), tecate cypress (Cupressus forbesfi), and chaparral beargrass (Nolina cismontana) from approximately 10 to 2,100 feet amsl (USFWS 1992). This species typically needs fire or other site perturbations for propagation (USFWS 1992). It is known to be present in Los Angeles, Orange, and Ventura counties and occurs in Coal and Gypsum canyons In Orange County. This species is not expected to occur within any proposed NTS site due to lack of suitable habitat. . Coulter's Saltbush (Atriplex coulteril The Coulter's saltbush is a CNPS List 1 B species that blooms between March and October. It is a perennial sub -shrub generally associated with alkaline soils in grassland and coastal bluff habitats from approximately 10 to 1,500 feet amsl. This species Is similar to the Introduced Australian saltbush (Atriplex semlbaccata), but has red stems. It is known from Santa Barbara County south to San Diego County but has been found in Laguna Beach, Pelican Hill, Signal Hill, Trabuco Canyon, and Cristianitos Canyon in Orange County. This species has a low potential to occur at Sites 13, 39 and 46, South Coast Saltscale (Atriplex pacitica) The south coast Saltscale is a federal Species of Concern and a CNPS List I species that typically blooms between March and October. It is a sprawling annual that occurs in coastal bluff scrub, coastal dunes, coastal scrub, and playas from msl to approximately 330 feet amsl (CNPS 2001). It is known to occur on the Channel Islands, Ventura County south to San Diego County, and in Arizona and Mexico. Many locations of this species have been extirpated including the locations in Orange County where it historically occurred in Newport Back Bay. This species has a low potential to occur at Sites 13, 39 and 46. Parish's Brittlescale (Atriplex parishh) The Parish's brittlescale is a federal Species of Concern and a CNPS List 1 B species that typically blooms between June and October. It is a sprawling annual herbaceous species that occurs in fine alkaline soils in alkaline meadows, chenopod scrub, and vernal pools from approximately 60 to 6,235 feet amsl. This species historically occurred in Los Angeles County, MU'rojedsll 000 TechWTa 1.3-011e04.00C 46 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft south to San Diego County and east to San Bernardino County, but is now thought to have • been extirpated in Los Angeles, Orange, and San Diego counties (CNPS 2001). This species has only been collected once in California since 1974, but is believed to exist in Baja California (CNPS 2001). This species is not expected to occur on any of the sites in the study area due to lack of suitable habitat. Davidson's Saltscale (Atriplex serenana var. davisonib The Davidson's saltscale is a CNPS List 1 B species that blooms from April to October. It is a sprawling annual species that occurs in coastal bluff scrub and coastal sage scrub on alkaline soils from approximately 30 to 660 feet amsl. This species historically occurred in Ventura County, south to San Diego County, and in Baja California. The only known historical locations in Orange County are in Laguna Beach and on Balboa Island (CNPS 2001). This species has a low potential to occur at Sites 13, 39 and 46. Thread -leaved Brodiaea (Brodiaea filifolia) The thread -leaved brodiaea is a federally listed Threatened, state Endangered, and CNPS List 1B species. It is a perennial herb that typically blooms from March through June. The brodiaea typically occurs on clay -silt soils or vernal pools and is known to occur in San Diego, Riverside, Los Angeles, San Bernardino, and Orange counties between approximately 130 to 4,000 feet amsl. Many of these populations are currently threatened by proposed development projects, although several large populations are found in reserves or managed open space sites, including the Santa Rosa Plateau. This species is known from locations in Orange County that include Aliso Canyon, Casper's Regional Park, the Rancho Mission Viejo Land • Conservancy, and Forster Ranch. This species has a low potential to occur at Sites 68, 69C and 69E. Plummer's Mariposa Lily (Calochortus plummerae) Plummer's mariposa lily is a federal Species of Concern and a CNPS List 1B species that typically blooms from May through June. It is a bulbiferous perennial herb with a rose-colored, bell -shaped flower. This species occurs in Los Angeles, Riverside, and San Bernardino counties in chaparral, coastal sage scrub, grasslands, cismontane woodlands, and lower montane coniferous forests between approximately 490 and 3,600 feet amsl. Potential occurrence of this species is low at Sites 13 ad 39. Intermediate Mariposa Lily (Calochortus weedii var. intermedius) Intermediate mariposa lily is a federal Species of Concern and a CNPS List 1B species that typically blooms from May to June. It is a bulbous perennial herb with a purple -colored, bell - shaped flower. This species occurs in Los Angeles, Riverside, and Orange counties in chaparral, coastal sage scrub, valley and foothill grassland vegetation types, as well as rocky outcrops between 620 and 2,800 feet amsl. This species has a low potential to occur at Sites 13 and 39. Lewis's Evening Primrose (Camissonia lewisi) Lewis's evening primrose is a CNPS List 3 species that typically blooms from March to June. It • is an erect or spreading annual herb with round flowers with four yellow -red petals. It occurs in silt or clay soils on coastal bluff scrub, cismontane woodland, coastal dunes, coastal scrub, and valley and foothill grasslands below 985 feet amsl. There is a lot of uncertainty about the distribution and status of this species as other species are often misidentified as C. lewisii and RAPmJectsVRW00o TechWTS 1-3011804.000 46 Biological Resources Technical Study Son Olego Crook Watershed Natural Treatment System this species may be reduced in its CNPS listing status to a List 4. This species has a low potential to occur. . Southern Tarplant (Centromadia parryl ssp. australls) Southern tarplant is a federal Species of Concern and a CNPS List I species that typically blooms from May to November. This species, belonging to the sunflower family, is an erect annual herb with yellow -orange petals. It grows in seasonally moist (saline) grasslands near the coast, below 1,400 feet amsl. It historically occurred from Santa Barbara County south to Baja California. In Orange County, this species historically occurred in flood control channels in Irvine, Newport Back Bay, Boise Chica Ecological Reserve, Santa Ana, Rossmoor, Cypress, Westminster, and Garden Grove. This species has potential to occur at proposed NTS Sites 31, 32, 39, 46, 62 and 64. Small -flowered Mountain Mahoaanv (Cerocarous betuloides var. blancheae) Small -flowered mountain mahogany is a CNPS List 4 species that typically blooms from February to May. This species is an evergreen shrub found in closed -cone coniferous forest and chaparral from 100 to 1,970 feet amsl. It historically occurred in Los Angeles and Ventura counties, Santa Catalina Island, Santa Cruz Island, and Santa Rosa Island. This species Is not expected to occur due to lack of suitable habitat. Orcutt's Pincushion (Chaenactis glabduscula var. orcuttiana) The Orcutt's pincushion is a CNPS List 1B species that typically blooms between January and August. It is an erect, annual herb with yellow flowers. This species is generally associated • with sandy soils in coastal bluff scrub and coastal dunes from approximately 10 to 330 feet amsl. It historically occurred in Los Angeles, Orange, San Diego, and Ventura counties, and in Baja California but is thought to have been extirpated from Orange County (CDFG 2001). This species is not expected to occur on any of the sites within the study area due to lack of suitable habitat. San Fernando Valley Spineflower (Chorizanthe oarryi var. fernandina) The San Fernando Valley spineflower is a state -listed Endangered, federal Candidate and List I species that typically blooms between April and June. It is a spreading, sometimes erect, annual herb with white flowers. This species is generally associated with sandy soils In coastal scrub from approximately 100 to 4,750 feet amsl. This species historically occurred in Los Angeles, Orange, and Ventura counties. Most of Its historical habitat has been heavily urbanized and it was considered extinct until rediscovered in two occurrences in 1999, This species is not expected to occur due to a lack of suitable habitat. Summer Holly (Comarostaphvlis diversifolla ssp. diverslfolia) Summer holly is a federal Species of Concern and CNPS List I species that typically blooms from April to June. It is a large, densely branched, evergreen shrub that produces small red fruits. This species is associated with maritime chaparral along the coast from approximately 100 to 1,805 feet amsl. This species is known to occur In Orange, Riverside, and San Diego counties and in Baja California. Summer holly is known to occur in Laguna Niguel (CDFG 2001) In Orange County. This species is not expected to occur due to a lack of suitable habitat. . RAPM)GC15URWW10TCChWTS 1.X0118U.00C 47 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Tecate Cvoress (Cuoressus forbesh Tecate cypress is a federal Species of Concern and CNPS List 1 B species. It is an evergreen, multi-trunked tree that can grow to heights of 30 feet. The tecate cypress produces small round cones and bark that peels off in thin, reddish plates. It is known from fewer than five occurrences in Orange and San Diego counties and Baja California. It grows in chaparral and closed -cone coniferous forests from approximately 840 to 8,400 feet amsl. This species is known to occur in the Santa Ana Mountains in Gypsum Canyon and Coal Canyon. This species is not expected to occur on any of the sites in the study area as they are below the known elevation range of this species. Slender -horned Spine Flower (Dodecahema leotoceras) Slender -horned spine flower is a state and federally -listed and CNPS List 1B species that typically blooms from April to June. It is a spreading annual that produces white -pink flowers. This species grows in sandy soils in chaparral, cismontane woodland and coastal alluvial fan scrub from approximately 650 to 2,490 feet amsl. This species is known to occur in Los Angeles, Riverside, and San Bernardino counties. It also historically occurred in the El Toro area of Orange County but is thought to have been extirpated. This species is not expected to occur due to a lack of suitable habitat. Santa Monica Mountains Dudleva (Dudleva cvmosa ssp. ovatifolia The Santa Monica Mountains dudleya is a federal Threatened and CNPS List 1B species that typically blooms from March to June. It is a perennial herb with an underground stem and • produces yellow to red flowers. This species is found in chaparral and coastal scrub from approximately 490 to 5,500 feet amsl. It is known from less than 10 occurrences in Los Angeles and Orange counties (CNPS 2001). This species is not expected to occur due to a lack of suitable habitat. Many -stemmed Dudleva (Dudleva multicaulis) The many -stemmed dudleya is a CNPS List 1 B species that typically blooms from April to July. It is a perennial herb with an underground stem and produces yellow flowers. This species is found in clay soils of chaparral, coastal sage scrub, and valley and foothill grasslands from approximately 50 to 2,600 feet amsl. It is known to occur in Los Angeles, Riverside, San Bernardino, and San Diego counties. This species has some potential to occur on Sites 13 and 39. Laguna Beach Dudleva (Dudleva stolonifera) The Laguna Beach dudleya is a state and federally -listed Threatened species and a CNPS List 1B species that typically blooms between May and July. It is perennial herb with an underground stem and produces yellow flowers. This species typically occurs in rocky soils in association with chaparral, cismontane woodland, coastal scrub, and valley and foothill grassland vegetation types from approximately 30 to 855 feet amsl. This species is known from six occurrences from Laguna Beach and is threatened by development, recreation, and non- native plants, and possibly by horticultural collecting (CNPS 2001). This species is not expected to occur on any of the sites in the study area because it is highly localized to the hills • in the vicinity of Laguna Beach, which is outside of the study area. RAPrajecl8uewD1B10Te0hWTs 13-011804 Doc 48 Biological Resources Technical Study San plego Creak Watershed Natural Treatment System Santa Ana River Woollvstar (Erlastrum densifolium ssp. sanctorum) The Santa Ana River woollystar is a state- and federally -listed Endangered and CNPS List 1 B . species that typically blooms from June to September. It is a perennial herb that produces a blue flower. This species typically occurs in sandy or gravelly soils associated with chaparral and coastal sage scrub from 490 to 2,000 feet amsl. This species is known from one extended but fragmented population in the upper Santa Ana River in the Riverside and San Bernardino counties. This species is not expected to occur on any of the sites in the study area because it Is outside the known geographic range of this species. Cliff Spurge (Euphorble misera) The cliff spurge is a CNPS List 2 species that typically blooms between December and August. It is an erect, deciduous shrub found in rocky soils of coastal bluff scrub and coastal scrub from approximately 30 to 1,640 feet amsl. It occurs in Los Angeles, Orange, and San Diego counties, and In Baja California. A historic location was also recorded in Riverside County, but this location was heavily damaged by frost. This species is known to occur in Dana Point, Laguna Beach, and Corona del Mar in Orange County. This species is not expected to occur due to a lack of suitable habitat. Vernal Barley (Hordeum intercedens) Vernal barley is a CNPS List 3 species that typically blooms between March and June. It is an annual herb found from San Francisco, and a few areas of Kern County, extending south into Baja California and onto the Channel Islands. This species is difficult to identify and its distribution on the mainland has been known from scattered collections throughout its range. It • generally occurs in coastal dunes, coastal scrub, grasslands, and vemai pools from approximately 15 to 3,280 feet amsl. In southern Califomia, this species is generally known from Riverside, San Diego, and Orange counties. This species has some potential to occur at Sites 13, 39 and 46. Mesa Horkella (Horkella cuneata ssp. puberula) Mesa horkelia is a CNPS List 1 B species that typically blooms from February to September. It Is a sprawling perennial herb found from San Luis Obispo, Santa Barbara, San Bernardino, Riverside, Los Angeles, and Orange counties south to San Diego. This species occurs in sandy or gravelly soils of chaparral, cismontane woodland, and coastal scrub from approximately 230 to 2,660 feet amsl. Many historical occurrences of this species have been extirpated. This species has a low potential to occur at Site 13. Decumbent Goldenbush Usocoma menziesii var. decumbens) Decumbent goidenbush is a CNPS List 1B species that typically blooms from April to November. It is a sprawling shrub with stems curving up at the tips. it occurs in sandy, often disturbed areas in chaparral and coastal scrub from approximately 30 to 440 feet amsi. This species occurs in Orange and San Diego counties and Baja California. This species has a low potential to occur at Sites 13, 39 and 46. Coulter's Goldfields (Lasthenla plabrata ssp. coulterh Coulter's goldfields is a federal Species of Concern and a CNPS List I species that typically . blooms from February to June. It is an erect annual herb with yellow, ligulate flowers. This species is associated with low-lying alkali habitats along the coast and in inland valleys. It R.V r0jettsVRWDW10 TethW8 t.TA11e0000 49 Blologtcal Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft occurs in coastal salt marsh, playas, and vernal pools. This species is currently known to occur • in Orange, Riverside, Santa Barbara, San Diego, San Luis Obispo, and Ventura counties, Santa Rosa Island, and in Baja California. It also historically occurred in Kern, Los Angeles, and San Bernardino counties. This species has a low potential to occur at Site 62. Heart -leaved Pitcher Saae (Lenechinia cardiophvb Heart -leaved pitcher sage is a CNPS List 1B species that typically blooms from March to October. It is a perennial shrub that produces scarlet purple flowers. This species is associated with closed -cone coniferous forest, chaparral, and cismontane woodland from approximately 1,820 to 4,495 feet amsl. It is known from fewer than 10 occurrences in California in Orange, Riverside and San Diego counties. This species is not expected to occur on the sites in the study area as they are below the known elevation range of this species. Felt -leaved Monardella (Monardella hypoleuca ssp. Janata) Felt -leaved monardella is a CNPS List 1B species that typically blooms from June to August. It is a rhizomatous, perennial herb that produces purple flowers. This species is associated with chaparral and cismontane woodlands from 985 to 3,900 feet amsl. It is known to occur in Orange and Sand Diego counties. This species is not expected to occur on the sites in the study area as they are below the known elevation range of this species. Hall's Monardella (Monardella macrantha ssp. hallii Hall's monardella is a CNPS List 1 B species that typically blooms from June to August. It is a • sprawling, sometimes erect rhizomatous perennial herb with red -orange to yellow flowers. This species is associated with broadleaf upland forest, chaparral, cismontane woodland, lower montane coniferous forest, and grasslands from approximately 2,395 to 7,200 feet amsl. It is known from occurrences in Orange, Riverside, San Bernardino, and San Diego counties. This species is not expected to occur on the sites in the study area as they are below the known elevation range of this species. Mud Nama (Nama stenocarpum) Mud nama is a CNPS List 2 species that typically blooms from January to July. It is a sprawling to slightly ascending seasonal perennial herb with cream -colored flowers. This species is associated with marshes and swamps from approximately 15 to 1,640 feet amsl. It is known from occurrences in Imperial, Los Angeles, Orange, Riverside, and San Diego counties, Arizona, and Baja California. This species is not expected to occur due to lack of suitable habitat. Chaparral Nolina (Nolina cismontana) Chaparral nolina is a CNPS List 1 B species that typically blooms from May to July. It is a tree- like sub -shrub with white flowers. This species is associated with chaparral and coastal scrub from approximately 460 to 4,180 feet amsl. It is known from occurrences in Los Angeles, Orange, San Diego, and Ventura counties. This species has a low potential to occur at Site 13. Santiago Peak Phacelia (Phacelia suaveolens ssp. keckii) IsSantiago Peak phacelia is a federal Species of Concern and a CNPS list 1B species that typically blooms between May and June. It is an erect annual herb with small, yellow and lavender to purple bell -shaped flower. This species grows in chaparral and closed -cone R.%PMjed5VRW0I610 TeehINTS 1.3-011804.DOC 50 Biological itesources technical stuay San Diego Creek Watershed Natural Treatment System Draft coniferous forests from 2,000 to 5,250 feet amsl. The phacelia Is known to occur in Orange and Riverside counties. The Santiago Peak Phacelia is known- to occur near Santiago Peak and Pleasant's Peak in the Santa Ana Mountains. This species is not expected to occur on the sites in the study area as they are below the known elevation range of this species. Nuttall's Scrub Oak (Quercus dumosa) Nuttall's scrub oak is a CNPS List 4 species that typically blooms from March to April. It is an evergreen shrub that produces slender acorns. This species is associated with sandy soils in closed -cone coniferous forest, chaparral, and coastal scrub. It is known from occurrences in Orange, Santa Barbara, and San Diego counties, and Baja California. This species Is not expected to occur due to a lack of suitable habitat. Coulter's Matiliia Poppy (Romneva coulteria) The Coulter's matilija poppy is a CNPS List 4 species that typically blooms from March to July. It is a rhizomatous perennial herbaceous shrub that produces a white flower. This species often forms dense clonal groups in coastal sage scrub and chaparral from 65 to 3,940 feet amsl. The poppy is known to occur in Los Angeles, Riverside, Orange, and San Diego counties. This species occurs in scattered localities throughout Orange County. This species has a low potential to occur. Salt Spring Checkerbloom (Sidalces neomexicana) The salt spring checkerbloom is a CNPS List 2 species that typically blooms between March and June. It is a clustered perennial herb with rose-colored flowers. This species is generally . associated with alkaline or mesic soils in coastal scrub, chaparral, lower montane coniferous forests, Mojavean desert scrub, and playas from 50 to 5,020 feet amsl. This species occurs in Los Angeles, Orange, Riverside, Santa Barbara, San Bernardino, and Ventura counties, and Baja California. It also occurs in several other states. This species has a low potential to occur at Site 39. Crownbeard (Verbesina dissita) The crownbeard is a state- and federally -listed Threatened and CNPS List 113 species that typically blooms April to June. It is an erect perennial herb that produces a yellow flower. It is known to occur in Aliso Canyon and Laguna Beach within Orange County and in Baja California (CDFG 2001). Ninety percent of the populations of this species occur in southern maritime chaparral, and 10 percent occur in coastal sage scrub from 150 to 675 feet amsl. This species is threatened by urbanization and fuel break clearing. This species is not expected to occur due to a lack of suitable habitat. 3.3.3 Special Status Wildlife As shown in Table 3, 37 special status wildlife species are known to occur in the project region. A brief description of these special status wildlife species and their potential to occur on the project site is provided below: 0 RTM00.uawo00-rW.hwre+a- 11804,00c 51 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Invertebrates • San Diego Fairy Shrimp (Branchinecta sandiegonensis) The San Diego fairy shrimp is a federally -listed Endangered species. This species typically occupies depressional topography in pools with a depth of three to 12 inches in San Diego and Orange counties. The San Diego fairy shrimp occurs in basins that pond with water following winter and spring rains exhibiting low salinity and alkalinity. On October 23, 2000, USFWS published a final critical habitat for the San Diego fairy shrimp. A total of 4,025 acres in Orange and San Diego counties were designated as critical habitat for the San Diego fairy shrimp. The study area is outside of the critical habitat area designated for this species. This species is not expected to occur on the sites in the study area due to lack of suitable habitat. Monarch Butterfly (Danaus plexippus) The monarch butterfly is not formally listed by the resource agencies, but is considered of local concern. The monarch butterfly is a migratory species that moves southward in fall and in California spends the winter along the coast from the Monterey Peninsula to San Diego (Garth and Tilden 1986). It requires windrows and gum (Eucalyptus spp.) groves for roosting, which it does in large numbers. The larval food plants are milkweeds of the genus Asclepias. Two milkweeds used by this species as a food plant that are known to occur in Orange County include Indian milkweed (A. eriocarpa) and narrow -leaved milkweed (A. fascicularis). There are two flight periods in Orange County, from January to March and September to November • (Orsak 1977). In Orange County, the monarch is found in the lowlands, occasionally occurring in the foothills and is rare in the Santa Ana Mountains (Orsak 1977). This species has some potential to occur at proposed NTS Sites 13 and 46. Quino Checkerspot Butterfly (Euphldryas editha guino) The Quino checkerspot is federally -listed Endangered butterfly species. The Quino checkerspot is associated with meadow habitats or clearings in scrub or chaparral vegetation types often characterized by clay soils with low -growing herbaceous annuals including the larval host plants, dwarf plantain and owl's clover. These plants tend to be absent, or in very low densities, in disturbed areas supporting tall, non-native annual grasses and mustards. In undisturbed habitats, the host plants typically exhibit a very patchy distribution. Currently, the Quino checkerspot is known from only a few locations in southern San Diego County and western Riverside County in California, and northwestern Baja California (USFWS 1999). On April 15, 2002, the USFWS published a proposed critical habitat for the federally Endangered Quino checkerspot. It proposes a designation of 171,605 acres of land in Riverside and San Diego counties, California as critical habitat for the Quino checkerspot. The study area is outside of the critical habitat area designated for this species. Surveys for these species were conducted by LSA Associates in 2001 and none was found. Riverside Fairy Shrimp (Streptocephalus wootorib The Riverside fairy shrimp is a federally -listed Endangered species. Riverside fairy shrimp are • restricted to deep, seasonal vernal pools, ephemeral ponds, and stock ponds (i.e., pools with a depth of 12 to 18 inches or more). This species prefers warm -water pools that have low to moderate dissolved solids, are less predictable, and remain filled for extended periods of time. This species can take up to two months to reach sexual maturity and therefore requires long- RAPro*tsVRWD1B10 TBch1NTS 1-MI1804.DOC 52 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System lived ponds (USFWS 2000). All known habitat for the species lies within annual grasslands, which may be interspersed through chaparral or coastal sage scrub vegetation (Dudek & Associates 2000). This species ranges from southern California to northern Baja California (USFWS September 21, 2000). No suitable habitat for this species is present in the study area. Therefore, the Riverside fairy shrimp is not expected to occur in the study area. On September 21, 2000, USFWS published a proposed critical habitat for the Riverside fairy shrimp designating 12,060 acres of land in Los Angeles, Orange, Riverside, San Diego, and Ventura counties, California. The study area is outside of the critical habitat area designated for this species. This species is not expected to occur on any of the sites within the study area due to lack of suitable habitat. Fish Santa Ana Sucker (Catostomus santaanae) The Santa Ana sucker is a federally -listed Threatened and California Species of Special Concern. Critical habitat has not yet been designated for this species. This species occupies cool (less than 71 degrees Fahrenheit), clear, rocky creeks and streams where it feeds on algae, diatoms, detritus and macro invertebrates. It was once common throughout the Los Angeles, San Gabriel ,and Santa Ana river drainages and headwaters of small, shallow freshwater streams tributary to these river drainages. This species is now limited to the headwaters of the San Gabriel River, Big Tujunga Creek in Los Angeles County, the upper reaches of the Santa Ana River in Orange County, and portions of the Santa Clara Rivet in Ventura County. This species has not historically occurred and is not expected to occur in the study area. Tidewater Gobv (Eucyclovobius newbelrw) The tidewater goby is a federally Endangered species and a California Species of Special Concern. Populations of the tidewater goby are believed to exist within San Diego County in the following lagoons: San Mateo, San Onofre, Las Flores, Hidden, and Cocklebur (Swift et al. 1993). This fish primarily lives in coastal brackish -water lagoons along the California coastline. Tidewater gobles can tolerate a wide range of salinity from fresh water to water as salty as the ocean (Swift at. al 1989). They are generally associated with sandy to muddy substrates where they feed on marine and aquatic Invertebrates, and form borrows during the breeding season. This species spends Its entire life cycle confined to the lagoon and river and is not believed to venture offshore into the marine habitat (Swift at al.1989). This species is known to occur in Aliso Creek, San Juan Creek, San Mateo Creek, and San Onofre Creek (CDFG 2001). This species is not expected to occur in the study area due to lack of suitable habitat. On August 3, 1999, USFWS issued a proposed critical habitat for the tidewater goby in Orange and San Diego counties. The project site is not located in any of the proposed critical habitat areas (USFWS 1999). Arroyo Chub (Gila orcuttll The arroyo chub is a small freshwater fish that is a California Species of Special Concern. This species is primarily found in lowland habitats and prefers freshwater streams and rivers with a steady current and emergent vegetation. Within Its native range in the San Diego and Orange • county area, the arroyo chub is common in three locations: Santa Margarita River, Arroyo Trabuco, and San Juan Creek (Swift at al. 1993). This omnivorous species forms schools and RdPM10d5VRW1)W10 TahMS 1.Ui 004=0 53 Blologtcal Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft prefers slower -moving pools and ponded areas of streams. This species has not historically • occurred and is not expected to occur in the study area. Santa Ana Speckled Dace (Rhinichthys osculus) The Santa Ana speckled dace is a California Species of Special Concern that inhabits shallow cobble and gravel riffles in permanent flowing streams with temperatures ranging from 62 to 68 degrees Fahrenheit (17 to 20 degrees Celsius). Once common throughout the upland portions of the Santa Ana river system in Orange County and the San Gabriel and Los Angeles river system in Los Angeles County. This species has reduced in number dramatically due to water diversions, modification of drainages, introduction of nonnative species, and other factors associated with urbanization in the Los Angeles and Orange counties. It now appears that the populations in the Los Angeles River have been extirpated and populations in the Santa Ana River are in imminent danger of extinction. Populations in the San Gabriel River are less threatened, but their limited range means that major floods, debris torrents, or landslides could eliminate this species. This species has not historically occurred and is not expected to occur in the study area. Amphibians Arroyo Toad (Bufo microscaphus californicus) This species is a federally -listed Endangered species, a California Species of Special Concern, and a CDFG protected species. The arroyo toad is restricted to rivers with shallow, gravelly pools adjacent to sandy terraces. Adults excavate shallow burrows on terraces where they • shelter during the day and during the dry season. This species historically occurred from San Luis Obispo to San Diego counties along most major rivers. Currently, they are restricted to very small remnant populations in the headwaters of those rivers. Most of the remaining populations occur in the Cleveland, Angeles, and Los Padres National Forests. This species is not expected to occur on any of the Regional Facility or Local NTS Facility sites due to lack of suitable habitat. Western Spadefoot Toad (Scaphiopus hammondt) The western spadefoot toad is a federal Species of Concern and a California Species of Special Concern. In addition, it is a CDFG protected species. This species inhabits grassland, coastal sage scrub, and other habitats with open sandy gravel soils. The western spadefoot toad is primarily a species of the lowlands, frequenting washes, floodplains of rivers, alluvial fans, and alkali flats (Stebbins 1985). This species is rarely seen outside of the breeding season when it is observed occupying vernal pools and temporary ponds. This species has a low potential to occur at Site 13. However, this facility will be operated and maintained as it has historically with no new construction. This species has a low potential to occur at Site 13. Coast Ran-ge Newt (Taricha torosa torosa) The coast range newt is a California Species of Special Concern. This species inhabits terrestrial habitats such as woodlands and chaparral in close proximity to ponds, reservoirs, and/or slow -moving streams required for breeding. Lack of data on the movement ecology of this species prevents a complete characterization of the microhabitats used. Perhaps one of • the most abundant amphibians through much of its historic range, populations of this species has been greatly reduced by modification of drainages and general degradation of stream habitats. This species is not expected to occur due to a lack of suitable habitat. R.1Pro)ecls11RWD1B10TechWTS 1-3-011804.DDC 54 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Reptiles Western Pond Turtle (Clemmys marrhorata Dallida) This species is a California Species of Special Concern and a CDFG protected species. The western pond turtle occurs primarily in freshwater rivers, streams, lakes, ponds, vernal pools, and seasonal wetlands, and requires basking sites such as logs, banks, or other suitable areas above water level. The western pond turtle occurs from Monterey Bay south through the Coast Ranges to northern Baja California (Holland 1991). The current range is similarto the historic range, but populations have become fragmented by agriculture and urban development. This species has potential to occur at Sites 39 and 46. However, these facilities will be operated and maintained as they have historically without any new construction. Orange -throated Whiptail (Cnemidophorus hyperythrus) The orange -throated whiptall is a California Species of Special Concern and CDFG protected species. This species inhabits open areas of coastal sage scrub with gravelly soils, often with rocks, below 2,800 feet in elevation in San Bernardino, Orange, Riverside, and San Diego counties. The orange -throated whiptail prefers well -drained friable soil of slopes that have a southern exposure and are barren or only sparsely covered with vegetation. This species has the potential to occur within some of the potential NTS sites. Northern Red -diamond Rattlesnake (Crotalus exsuh • The red diamond rattlesnake is a California Species of Special Concern. It inhabits coastal sage scrub, chaparral, and grassland habitats that provide cover In the form of rocky outcrops or • dense vegetation. This species ranges from southern San Bernardino County south into Baja California, at elevations of sea level to about 5,000 feet amsl (Stebbins 1985). It is found primarily along the coastal slope of the transverse and peninsular ranges, This species has the potential to occur at proposed NTS Sites 13 and 30. However, these facilities will be operated and maintained as they have historically without any new construction. San Diego Mountain Kingsnake (Lampropeltls zonate Dulchra) The San Diego mountain kingsnake is California Species of Special Concern. This species occurs primarily in mixed woods, including coniferous forest, woodland, and chaparral ranging In elevation 4,500 to 6,500 feet amsl. The San Diego mountain kingsnake is a subspecies of the California kingsnake, which occurs throughout the length of the Sierras and the Cascades and locally In the Coast Ranges. This species is not expected to occur in the study area because it Is below the known elevation range of this species. Coastal Rosy Boa (Lichanura tliylgata roseofusca) The coastal rosy boa is a federal Species of Concern. The rosy boa is a rather secretive snake that is found from the deserts to the coast but is generally uncommon throughout Its southern California range. The coastal subspecies occurs from Los Angeles County south into Baja, typically inhabiting rocky, chaparral covered slopes and canyons up to about 4,500 feet amsl. Population declines In this subspecies are attributable to habitat loss and collecting and It is now quite rare in much of Its historic range. This species has the potential to occur at proposed NTS Sites 13 and 39. However, these facilities will be operated and maintained as they have • historically without any new construction. R4PmjedsVRWel0mTediNTSI-Mi MOM 55 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft San Dieco Coast Horned Lizard (Phrvnosoma coronatum blainvillei • The San Diego coast horned lizard is a federal Species of Concern and a California Species of Special Concern. In addition, it is a CDFG protected species. It is a small, spiny, somewhat rounded lizard that occurs primarily in open or sparse scrub and chaparral habitats. This species prefers loose friable soil for burrowing. Three factors have contributed to its decline: loss of habitat, overcollecting, and the introduction of exotic ants. In some places, especially adjacent to urban areas, the introduced ants have displaced the native species upon which the lizard feeds (Hix 1990).. This species has the potential to occur at proposed NTS Sites 13 and 39. However, these facilities will be operated and maintained as they have historically without any new construction. Coast Patch -nosed Snake (Salvadora hexatepis virpultea) The coast patch -nosed snake is a California Species of Special Concern. This species prefers rocky areas in coastal sage scrub and chaparral (Fisher and Case 1997). Their primary prey is whiptail lizards and the presence of these lizards may be what determines habitat preferences for this snake (Jennings and Hayes 1994). This species has the potential to occur at proposed NTS Site 13. However, this facility will be operated and maintained as it has historically without any new construction. Two -striped Garter Snake (Thamnophis hammondit) The two -striped garter snake is a state Species of Special Concern, and a CDFG Protected species. It occurs primarily in wetlands and is found in freshwater marsh and riparian habitats • with perennial water. The two -striped garter snake feeds on small fishes, frogs, and tadpoles. The two -striped garter snake occurs from Monterey County south to Rio Rosario in Baja California. This species has a low potential of occurrence. South Coast Garter Snake (Thamnophis sirtalis ssp.) The south coast garter snake is a state Species of Special Concern. This species occurs in marsh and upland habitats on or near permanent water features such as marshes, sloughs, ponds, and slow -moving watercourses (Fitch 1965). Very little is known about this species regarding distribution and breeding microhabitat. This species has a low potential of occurrence. Birds Cooper's Hawk (Accipiter cooperib The Coopers hawk is a California Species of Special Concern. Both resident and migratory populations of this species exist in Orange County. Wintering Cooper's hawks are often seen -in wooded urban areas and native woodland habitats. Preferred nesting habitats are oak and riparian woodlands dominated by sycamores and willows. Cooper's hawks in the region prey on small birds and rodents that live in woodland and occasionally scrub and chaparral habitats. Suitable foraging and nesting habitat for this species is present in the study area. This species has the potential to forage over all NTS Facility Sites. • Tricolored blackbird (Agelaius tricolor) The tricolored blackbird is a species is Federal Species of Concern and State Species of Concern. The tricolored blackbird is a colonial North American passerine bird that is found most RAPm1octsVRW DW10 TechWTS 1-3-011804 DOC 56 Biological Resources Technical San Dlego Creek Watershed Natural Treatment System Draft abundantly in California's Central Valley and vicinity. Its breeding range occurs from northwestern Baja California to southern Oregon and west of the Sierra Nevada to locations in • coastal California (Grinnell and Miller 1944, Beedy and Hamilton III 1999). A majority of the largest breeding colonies are in the Central Valley and, since 1980 breeding colonies have been found in 46 California counties (Beady and Hamilton III 1999). Based on population estimates from one -day, range -wide surveys conducted in 1994 and 1997, Seedy and Hamilton III (1997) document an overall decline of 37 percent since 1994. The tricolored blackbird Is not migratory over most its range but is nomadic and are likely itinerant breeders (Hamilton III 1998). In the fall, nomadic flocks begin foraging for food. In the winter, the flocks forage and roost over a broader range (Zeiner at aL 1990). The distribution of flocks and their nesting locations varies from year to year (Neff 1937, DeHaven at aL 1975). There is little data on the historic distribution of tricolored blackbirds in Orange County. The largest colonies probably occurred in south county in Canada Chiquita, Canada Gobernadora and San Juan Creek. Bontrager (1990), Hamilton and Willick (1996), and Gallagher (1997) documented the existence of 18 colony locations (all with less than 1,000 pairs) in Orange County between 1985 and 1990. In 1998 four additional colony locations (all with less than 100 pairs) were active (Harmsworth Associates 1996). It is not known how many of the 22 locations have had tricolors present over the past few years, but the habitat has been cleared at a few of the sites. The larger colony locations were at Peter's Canyon Regional Park, San Diego Creek, Canada Chiquita, Canada Gobernadora and San Juan Creek. Tricolored blackbirds have been absent from the San Joaquin Marsh in recent years but did breed there in the past (Stepniewski 1971). From range wide surveys done in 1994 and 1997, Beady and Hamilton Ili (1997) recorded a decline in Orange County from 1000 breeding tricolors in 1994 to 231 In 1997. • The creation of emergent marsh habitat resources will provide significant long-term conservation values that will benefit the tricolored black bird as well as other sensitive and non - sensitive native plants and animal species. The water quality wetlands also improve water quality that will benefit the wildlife species that occur within the San Diego Creek Watershed Including Peters Canyon Reservoir and Upper Newport Bay and associated State Upper Newport Bay Ecological Reserve that are part of the NCCP/HCP Reserve System. Long-eared Owl (Aslo otus) The long-eared owl is a California Species of Special Concern. Breeding pairs of this species have been documented along the base of the Santa Ana Mountains (Bloom 1994). This species nests in oak and willow woodlands and forages in scrub and grassland vegetation types. Long-eared owls have declined throughout California, but the most pronounced reductions have occurred in the southwestern part of the state where a minimum 55 percent decline has been documented (Bloom 1996). This species is not expected to occur in the study area because it is outside the known geographic range of this species. Burrowing Owl (Athena cunicularla) The burrowing owl is a federal Species of Concern and a California Species of Special Concern. Breeding and foraging habitat for this owl consists of grasslands, preferably on flat to low rolling hills in treeless terrain. The burrowing owl was formerly more common, but now Is a rare resident of the coastal plain of southern California. • RNk0) dsuawol *TUhWTs 1a101+e04 ooc 67 6101091cal Resources Techntcal Study San Diego Creek Watershed Natural Treatment System Draft Coastal Cactus Wren (Campvlorhvnchus brunneicapillus couesi • The coastal cactus wren is a State Species of Special Concern. It is strictly a resident of and scrub containing cactus and ranges from southern Ventura County south to San Diego County and northwest Baja California. This bird requires sage scrub habitat with patches of prickly pear and/or cholla cactus. In Orange County, this species is a local resident of coastal sage scrub habitat containing significant cactus patches. No impacts to this species will result from the implementation of the NTS program. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. Northern Harrier (Cyaneus circus) The northern harrier is a state Species of Special Concern. It is a regular winter migrant and also occasionally breeds in the coastal plains of southern California. It can be expected at any month of the year and can be seen foraging in grassland, scrub, and riparian habitats. While once a relatively common hawk species during fall, winter, and spring in undeveloped areas, the northern harrier population is now greatly reduced and localized in distribution. Limited suitable foraging habitat for this species is present in the watershed. This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA Southwestern Willow Flvcatcher (Empidonax trailii_extimus The southwestern willow flycatcher is a federally- and state -listed Endangered species. This • subspecies was once considered a common breeder in coastal Southern California. However, this subspecies has declined drastically due to a loss of breeding habitat and nest parasitism by brown -headed cowbirds. This bird species occurs in riparian habitats along rivers, streams, or other wetlands where dense growths of willows, baccharis, arrowweed (Pluchea sp.), tamarisk (Tamarixsp.), or other plants are present, often with a scattered overstory of cottonwood (Populus sp.). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that is covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 the IA. Yellow -breasted Chat (Icteria virens) The yellow -breasted chat is a California species of Special Concern. This large warbler was once a fairly common summer resident in riparian woodlands throughout California but is now much reduced in numbers, especially in southern California (Remsen 1978). For nesting, this species requires dense, brushy tangles near water and riparian woodlands supporting a thick understory. Belding's Savannah Sparrow (Passerculus sandwichensis beldinol) The Belding's savannah sparrow is a state Endangered species. The savannah sparrow (Passerculus sandwichensis) is found throughout most of North America south to northern El Salvador and Honduras (A.O.U. 1998). A total of 17 subspecies are recognized (A.O.U. 1957), including six from salt marsh habitats of California and Mexico (Wheelwright and Rising 1993). The Belding's savannah sparrow (P. s. beldingl), is resident in salt marshes from Goleta, Santa • Barbara County, south to El Rosario in Baja California (Unitt 1984). Nesting habitat is usually dominated by pickleweed (Salicornia virginica), with foraging often occurring far out into the marsh (Zembal et al. 1988). They prefer the upper littoral zone of tidal marshes, that is, areas RiProjectVRW0M,oTechWTS 1-3-011884.DOC 58 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System flooded only by high spring or storm tides (Unitt 1984). None of the project sites provide suitable foraging habitat for this species. Therefore, this species is not expected to occur. . Coastal California Gnatcatcher (PolloDHla caiffornica californica) The coastal California gnatcatcher is listed as federally Threatened and a state Species of Special Concern. This species occurs in most of Baja California's arid regions but is extremely localized In the United States where it predominantly occurs only in coastal regions of the highly urbanized southern California counties of Los Angeles, Orange, Riverside, and San Diego (Atwood 1992). In California, this species is an obligate resident of several distinct sub - associations of the coastal sage scrub vegetation type. Brood parasitism by brown -headed cowbirds and loss of habitat to urban development has been cited as the primary causes of the coastal California gnatcatcher population decline (Unitt 1984; Atwood 1990). This species will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as -set forth in the IA. Light-footed Clapper Rail (Rallus lonolrostris levipes) The light-footed clapper rail is a federally- and state -listed Endangered species. It is also a CDFG Fully Protected species. The light-footed clapper rail is a secretive resident of coastal salt marshes of pickleweed (Salicornia sp.) and Pacific cordgrass (Spartinia fohosa) (Eddleman and Conway 1998). It occurs along the Pacific Coast from Bahia de San Quentin, Baja California, and north to Carpinteria Marsh, Santa Barbara County (Zembal and Massey 1981). There are between eight and 19 marshes in California and two marshes in Baja California that support this species (Zembal and Massey 1981 and Zembal 1991). Although this species has • been observed at other localities in Orange County, Upper Newport Bay and the Seal Beach National Wildlife Refuge support the only substantial populations (Hamilton and Willick 1996). This species is a rare visitor to San Joaquin Marsh. Suspected breeding in the 1980s was observed by Mr. Dick Zembal near Site 62. Mr. Loren Hayes also Identified this species north of Campus Drive at Site 46 in the early 1990s. However, potential occurrence is considered very low. California Least Tern (Sterna antillarum brown) The California least tern is a federally- and state -listed Endangered species. It is also a CDFG Fully Protected species. This migratory species nests from April through August along the coast of California from San Francisco south to Baja California (Thompson at al. 1997). Little is known of the least tern's winter distribution, but its 'primarily in South America (Thompson et al. 1997, A.O.U. 1998). In recent years, terns have colonized islands created from dredge fill such as at Bolsa Chica, Upper Newport Bay, and the Los Angeles Harbor. Colonies in Orange County are at the Boise Chica Ecological Reserve, Seal Beach National Wildlife Refuge, Upper Newport Bay, and the mouth of the Santa Ana River (Hamilton and Willick 1996). This species Is known to -forage only within the proposed NTS sites. Least Bell's Vireo (Vireo beiV ousillus) The least Bell's vireo is listed as a federal and state Endangered species. The vireo is now a rare and local summer resident of southern California's lowland riparian woodlands. While destruction of lowland riparian habitats has played a large role in driving this bird to its present • precarious situation, brood parasitism by brown -headed cowbirds is the most important factor in its decline (Garrett and Dunn 1981). Local cowbird control programs have been very effective in maintaining some populations and the species has begun to recover (Small 1994). This species R:1PM)0*URW01810TethWTe 1.3-011e04.00C 59 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an • Identified Species that is covered only in accordance with the 'conditions of coverage" set forth in Section 8.3.2 the IA. Mammals Pallid Bat (Antrozus pallidus) The pallid bat is a California Species of Special Concern that most commonly occurs in mixed oak and grassland habitats. This large bat roosts in rock crevices and in the cavities of trees, especially oaks. California Mastiff Bat (Eumops perotis californicus) The California mastiff bat, the largest bat in the United States, is a federal Species of Concern and a California Species of Special Concern. This species is a very wide-ranging and high- flying insectivore that typically forages in open areas with high cliffs. It roosts in crevices in small colonies. Yuma Mvotis (Mvotis vumaensis The Yuma myotis is a state Species of Special Concern. This species occurs in a variety of habitats including riparian, and scrublands, deserts, and forests (Bogan et al. 1998a). It is usually associated with permanent sources of water, typically rivers and streams, where it does most of its foraging. This species roosts in bridges, buildings, cliff crevices, caves, mines, and • trees (Bogan et al. 1998a). Pacific Pocket Mouse (Peroonathus lonoimembris pacificus) The Pacific pocket mouse is a federally -listed Endangered species and a California Species of Special Concern. This species was historically known to inhabit the narrow coastal plains from the Mexican border north to El Segundo, Los Angeles County (CDFG 2001). This species seems to prefer soils of fine alluvial sands near the ocean (CDFG 2001). In the project region, this species is known to occur at the Dana Point Headlands and at two populations near San Mateo Creek on Camp Pendleton (CDFG 2001). All historic locations of this species are known to occur within 2.5 miles of the coast. Some project sites occur within one-half mile of the coast. However, none of these sites contains suitable habitat to support this species. Therefore, the Pacific pocket mouse is not expected to occur in the study area due to lack of suitable habitat. 3.3.4 Special Status Vegetation Types In addition to providing an inventory of special status plant and wildlife species, the CNDDB also provides an inventory of vegetation types that are considered special status by the state and federal resource agencies, academic institutions, and various conservation groups (such as CNPS). Determination of the level of sensitivity is based on the Nature Conservancy Heritage Program Status Ranks that rank both species and vegetation types ron a global and statewide basis according to the number and size of remaining occurrences as well as recognized threats (e.g., proposed developments, habitat degradation, and invasion by non-native species). • Coastal Sage Scrub This vegetation type occurs within the study area in the form of sagebrush and buckwheat, sagebrush scrub, mixed sage scrub, southern cactus scrub, sagebrush scrub -grassland R-Vm)easuawoS0recnwrs i,-011e04 ooc 60 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System ecotone, coastal goldenbush-grassland ecotone, and mixed sage scrub/grassland. Coastal sage scrub is located throughout the undeveloped portions of the foothills of Orange County. • Coastal sage scrub is considered a special status vegetation type because of Its limited distribution and high potential to support Threatened and Endangered plant and wildlife species. Coastal sage scrub is a "covered habitat" with regulatory coverage as set forth in the IA. Salt Marsh and Freshwater Marsh Over the past century, the majority of drainage courses in the San Diego Creek Watershed have been extensively altered and realigned initially from agricultural activities and then from urban development including the construction of flood control facilities. Historically, San Diego Creek and the small tributaries originated in the Lomas de Santiago Hills and drained to into an ephemeral lake and marsh area in the western portion of the Tustin Plains known as the Swamp of the Frogs (Cienega de las Ranas). There were no defined channels that existed along the lower reaches of San Diego Creek and Peters Canyon Wash. Occasionally, this ephemeral lake and marsh area would overflow and drain into the Santa Ana River. In response to periodic catastrophic flooding by the Santa Ana River, the river was rerouted to the west of Newport Beach in 1920. In the early part of the 1900s, the San Diego Creek Watershed was significantly altered by agricultural activities including ranching, grazing and farming. As a result, the Swamp of the Frogs was drained and marsh vegetation cleared to accommodate these agricultural activities. In addition, drainage channels were constructed to maximize the utility of this area for agricultural purposes. As a consequence, all of the constructed drainage channels were rerouted to drain into Upper Newport Bay. Following World War 11, land uses from agriculture to more urban development including residential, commercial and industrial land uses. This urbanization caused further expansion of flood control facilities that were now aimed at providing storm flow conveyance protection for the residents of this area and their property. The effects of this urbanization and subsequent expansion of flood control facilities caused the following to occur: • Channelization of San Diego Creek and the isolation of San Joaquin Marsh from San Diego Creek. San Joaquin Marsh was the last remaining historic marsh land upstream of Upper Newport Bay. • Creation of Rattlesnake, Siphon, Bonita Canyon, San Joaquin, Laguna, and San Canyon for municipal and agricultural irrigation use. • Increasing flood conveyance capacity to 100-year and straightening San Diego Creek and Peters Canyon Wash. • Ongoing operation and management of these flood control facilities for flood protection purposes. The consequence of these early agricultural and later urban development activities resulted in the elimination of the Swamp of the Frogs and channelization of the San Diego Creek and Peters Canyon Wash and their tributary drainages and significantly reduced the overall amount of freshwater wetlands including emergent marsh wetlands habitat and other riparian habitat types that previously existing in the San Diego Creek Watershed. In southern California, the USFWS, CDFG, and California Coastal Commission estimated that • 75 to 90 percent of coastal salt marsh habitats have been destroyed (Ferran 1989). One result of this habitat destruction or degradation has been the endangerment or declining numbers of R V1to*tsVRWD0oTxhV4TS 1.9-0i1B04 000 61 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft various endemic estuarine plants and wildlife (Ferren 1989). Thus, salt marsh and freshwater marshes are considered a high priority for conservation. In general, these marsh habitats can provide important biological functions for an ecosystem such as cover and water sources for wildlife, filtration of runoff water and groundwater recharge, and flood control and sediment stabilization. As a result, the resource agencies often consider these habitats to be important resources. Salt marsh and freshwater marsh are considered special status vegetation types because of their limited distribution and high potential to support Threatened and Endangered species. Riparian Vegetation Herbaceous riparian, willow riparian scrub, mule fat scrub, sycamore riparian woodland, coast live oak riparian forest, arroyo willow riparian forest, black willow riparian forest, and cottonwood -willow riparian forest are riparian vegetation types that occur along perennial or intermittent drainages that typically are subject to seasonal flooding. In the coastal floodplains of southern California, as much as 95 to 97 percent of the wetlands habitat has been lost to activities such as channelization for flood control, and sand and gravel mining (Faber at al. 1989). The CNDDB lists riparian vegetation as covering between 2,000 and 10,000 acres in California. Riparian habitats are considered special status vegetation types because of their limited distribution and high potential to support Threatened and Endangered species. The riparian habitats listed above are often under the jurisdiction of the USACOE and/or CDFG due to their association with wetlands, waters of the U.S., or streambeds. However, it should be noted that the riparian habitats described above are not the equivalent to the federal definition of a "wetland". Only the portion of these habitats associated with discernable streambed and/or • adjacent wetlands that meet certain criteria is within the jurisdiction of the USACOE and/or CDFG. According to the USACOE, areas considered to be a "wetland" and subject to the regulatory jurisdiction of the USACOE must exhibit hydrology, soils, and vegetation that meet federal criteria. CDFG jurisdiction generally includes the streambed and the canopy of associated riparian vegetation. 3.4 APPLICABLE PLANS, POLICIES AND REGULATORY PROCESSES 3.4.1 Local General Plans General plan goals, objectives, and policies from the County of Orange and cities within the County that may affect the NTS project are identified below in italics: County of Orange General Plan: The Orange County General Plan Resources Element includes the following goals and policies: Natural Resources Goal 1: Protect wildlife and vegetation resources and promote development that preserves these resources. Policy 1: Wildlife and Vegetation — "To identify and preserve the sign cant wildlife and vegetation habitats of the County". The Orange County General Plan Resources Element contains policies concerning the County's participation in the creation and implementation of the NCCP/HCP. See discussion in • Section 3.4.2 below concerning the NCCP/HCP and related programs. RAProjecIMIRWDISIo ToWNTS 1.3-allaa DDC 62 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft City of Irvine General Plan: The City of Irvine's Conservation and Open Space Element includes the following goals, objectives, and policies: Objective L-2: Biotic Resources: Maintain and preserve areas with significant and diverse biotic communities. Policy (a): Utilize Figure L-4. Policy (a): Utilize Figure L-4, which Is derived from the City's Master Environmental Assessment (MEA) biotic date base, resource map, and the City's land use Impact model in the development review process as informational sources to determine the proximity and extent of biotic resources and potential level of Impact. The Conservation and Open Space Element is intended to preserve those natural resource areas identified in the Master Environmental Assessment (MEA) which are the most viable and significant. The protection of large, contiguous preservation areas containing the uses set forth In the Implementation Actions Program in Objective L-1 is deemed, on balance to better protect biotic resources than the protection of small, Isolated resources within Individual development areas. The Conservation and Open Space Element, through the implementation Action -Program (Objective L-1), will preserve specific MEA biotic resource areas, In whole or in part, as depicted on the Biotic Resources Map (Figure L-4). Policy e : Maintain significant riparian areas in preservation areas as natural corridors and sources of shelter, water, and food for wildlife, except where required for infrastructure. • Policy Allow the enhancement of habitat areas, particularly riparian habitat, in all preservation areas as mitigation for any development impacts /n other areas. Promote agreements between the California Department of Fish and Game and the landowner to accomplish the creation of new habitat /n preservation areas consistent with applicable standards and procedures. Objective L-3 — NCCP/HCP Implementation Areas; Participate in the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) program to accomplish multi - species and multi -habitat conservation. Policy (a): Review project proposals within the reserve system to assure consistency with the NCCP/HCP. Polic c : Record and compile Coastal Sage Scrub impacts within the jurisdiction and report the data annually to the County of Orange. Policy d : Ensure that NCCP construction related minimization measures set forth in the NCCP are enforced. Policy Use the NCCP as a Program EIR for CEQA purposes, applying the Coastal Sage Scrub Impacts mitigation measures applicable to planned activities. Objective L-8 — Preservation Areas: Maintain and preserve large, contiguous areas which . contain significant multiple hazards and resources. R1ProOOMW0W10 TethWTS 1-W1W.D0C 63 Blological Resources Technical study San Diego Creek Watershed Natural Treatment System Draft Policy (a): Ensure that riparian vegetation is not significantly modified, except as necessary to provide fire protection, access roads, and flood control, drainage, water, sewer and utility facilities, and except where habitat is to be enhanced as part of a mitigation program approved by the California Department of Fish and Game. Policy Participate in cooperative efforts with federal, state, and county agencies and landowners in planning and preserving regionally significant conservation and open space areas within the City and its sphere of influence (Lomas Ridge, Bommer and Shady Canyons, and San Joaquin Marsh). Policy k : Preserve and enhance the San Joaquin Marsh as a habitat resource and mitigation bank through implementation of the "San Joaquin Marsh Habitat Enhancement and Wetlands Creation Program. Policy I : Seek the least environmentally damaging and feasible alternatives where modifications of the natural topography are necessary in preservation area. Objective L-12: Water— Coordinate land planning efforts with the appropriate federal, state & local agencies and land owners to encourage the integration of existing and future water sources (reservoirs, lakes, and drainage courses) into development. Policy (a): Integrate water feature opportunities and constraints through the development review process. Policy b : Study, where possible and practicable, the appearance and ecology of certain • existing natural drainage channels to determine which channels, or portions of channels, to which conservation measures shall be applied. Channels or portions of channels determined to be suitable for preservation purposes may be modified to enhance their ecology, long-term viability, and maintenance. Those channels or portions of channels shall be integrated into the design of the surrounding development. City of Newport Beach General Plan The City of Newport Beach General Plan Conservation of Natural Resources Element includes the following goals, objectives, and policies: 3.4.2 Bay and Ocean Water Quality 1. In view of the regional nature of the bay water quality problem, the City will actively support the development of a coordinated, watershed -wide program (including legal regulations) for control of waste and sediment discharge and to intercept, to the extent possible, wastes and sediments upstream from the Upper Bay. 5. To prevent any further deterioration, such as pointed out in the "Ecological Survey" report, Environmental Impact Reports will -be required for any project which may have an adverse effect on water quality, and appropriate mitigation measures will be required. 7. The City will support the development of a model (physical, mathematical, or possibly both) of the Bay and coastline which will provide additional insights as to the nature and extent of • the water quality problem and will enable prediction of the effects of any single change on the entire system. R-wrotec1suRwo1B10 Techwrs 1a-01804 ooc 64 Biological Resources Technical Study San Diego Creek Watershed Naturat Treatment System Harbor and Bay Element Goal HB-3: Water Quality and the Environment — Enhance the water quality and protect the marine environment in Newport Harbor and Upper Newport Bay, Obiective 1-18-3.1: protect, preserve, and enhance the natural wildlife and plant -life in and around Upper and Lower Newport Bay. Obiective HB-3.2: Enhance the water quality in Upper Newport Bay and Newport Harbor. Policv HB-3.1.1: Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and Newport Harbor. Policv HB-3.1.3: Participate in and support cooperative programs with other cities, public agencies and resources agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement programs, regulations and funding to sustain/maintain/ enhance the marine environment and water quality in Upper Newport Bay and Newport Harbor. Obiective 3 — Share Facilities: Maximize the use of the community's recreational resources by coordinating with the agencies responsible for non -city recreational facilities and open space. Policy 3.2 — Upper Newport Bay Reserve: Coordinate with the California Department of Fish and Game (DFG) to ensure preservation of Upper Newport Bay Ecological Reserve and continue provision of public access with preservation goals. Policy 3.3 — Newport Bay Watershed Plan: Ensure adequate coordination with appropriate • agencies to implement the Newport Bay Stormwater Sedimentation Control Plan. City of Tustin General Plan The City of Tustin General Plan Conservation/Open Space/Recreation Element contains the following goals and element policies: Goal 5: Protect water quality and conserve water supply. Policy 5.1: Local drainage courses, channels, and creeks should be improved to protect vegetation and wildlife habitat wherever possible. Policy 5.5: Protect water quality by responsible agency support of enforcement of water quality standards for water Imported into the County, and to preserve the quality of water in the groundwater basin and streams. Policy 5.6: Coordinate water quality and supply programs with all responsible water agencies, and cooperate and participate in plan preparation and programs. Goal 7: Conserve and protect natural plant and animal communities. Policv 7.5: Where feasible and consistent with flood control requirements, the treatment of Peters Canyon Wash should retain a natural appearance by minimizing concrete channelization, retaining or replanting indigenous vegetation and/or retaining open space . areas along the drainage course. a.Ruieneuawo60 TeCh1NTS 1-M11e04.o0c 65 Biological Resources Technical study San Diego Creek Watershed Natural Treatment System Draft 3.4.3 Natural Community Conservation Plan • The Natural Community Conservation Planning Act In 1991, the California Legislature established the NCCP program through the enactment of 1991 NCCP Act (Fish and Game Code 2800 to 2840). The purpose of the NCCP program is to provide long-term, regional protection of natural vegetation and wildlife diversity while allowing compatible land uses and appropriate development and growth. The NCCP process was initiated to provide an alternative to "single species" conservation efforts that were relied on under existing state and federal Endangered Species Acts prior to the NCCP Act. The shift in focus from single species, project by project conservation efforts to conservation planning at the natural community level was intended to facilitate regional protection on a range of species that inhabit a designated natural community. The NCCP Act provided the following: Defined the NCCP Program: Natural community conservation plan"' means the plan prepared pursuant to an agreement entered into in accordance with subdivision (a) of Section 2810. The plan identifies and provides for the regional or area -wide protection and perpetuation of natural wildlife diversity, while allowing compatible and appropriate development and growth. (b) "Wildlife" has the same meaning as defined in Section 711.2. (c) "Person" has the same meaning as defined in Section 711.2. • Authorized CDFG to Enter Into Agreements: • The department may enter into agreements with any person for the purpose of preparing and implementing a natural community conservation plan to provide comprehensive management and conservation of multiple wildlife species, including, but not limited to, those species listed pursuant to Article 2 (commencing with Section 2070) of Chapter 1.5. The agreement shall include cost reimbursement provisions pursuant to Section 2840. • Aumonzeu rvin,r r-Id1111111U uy "war, oLQLW ar rU r cuc, r,r Natural community conservation planning may be undertaken by local, state, and federal agencies independently or in cooperation with other persons. The plan shall be consistent with the agreement entered into pursuant to Section 2810 and shall be approved by the department for implementation upon meeting the standards established by the department for natural community conservation. • Authorized CDFG to Prepared Non -Regulatory Guidelines: The department may prepare non -regulatory guidelines for the development and implementation of natural community conservation plans. The guidelines are exempt from Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. The guidelines may include, but are not limited to, all of the following: (1) Defining the scope of a conservation planning area. (2) Determining conservation standards, guidelines, and objectives for the planning area. (3) Appointing one or more advisory committees to review and make recommendations regarding the preparation and implementation of natural community conservation plans. The advisory committee membership may include representation from the local community near the plan area. (4) Coordinating with local, state, and federal agencies, including the Trade and Commerce • Agency. (5) Incorporating public input. (6) Ensuring compatibility with the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). (7) Obtaining approval of the natural community conservation plan by the department. (8) Provisions for implementation of the plan. (9) Monitoring and reporting on plan implementation. (10) Amending the plan R:NroJects\IRWD\elo TechWTS 1-3-011804.DDC 66 Biological Resources Technics Study San Diego Creek Watershed Natural Treatment System Draft consistent with the Initial intent of the plan. (b) Nothing In this chapter exempts projects proposed in a natural community conservation planning area from the requirements of the • California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (c) Natural community conservation plans, as appropriate, shall be implemented pursuant to Section 2081. (d) To the extent practicable, implementation of natural community conservation plans shall use the services of either the California Conservation Corps or local community conservation corps. Authorized CDFG to Permit Take of Identified SDecles: The department may permit the taking, as provided in this code, of any identified species whose conservation and management is provided for in a department approved natural communities conservation plan. • CDFG Authorized Compensation: The department shall be compensated for the actual costs Incurred in participating in the preparation and Implementation of natural community conservation plans The NCCP program was designed to be a voluntary, collaborative planning program involving landowners, local governments, state and federal agencies, environmental organizations and interested members of the public in the formation and approval of the NCCPs. Central Coastal Subregional Natural Communities Conservation.Plan On April 16, 1996, the Orange County Board of Supervisors approved the Central -Coastal NCCP/HCP along with the certification of EIR/EIS No. 553. On July 17, 1996, an Implementation Agreement (IA) was executed by the Chairman of the Orange County Board of Supervisors, the State Resources Agency, Department of the Interior, the Transportation Corridor Agencies, Southern California Edison, The Irvine Company and other participating landowners, utility companies and agencies such as the Irvine Ranch Water District, The Central -Coastal Subregional NCCP became one of 11 NCCP subregions originally initiated within the five -county Southern California area. The approval of the NCCP/HCP established the following: • 38,000-Acre Habitat Reserve System: The establishment of a 38,000-acre Reserve System within the Central -Coastal Subareas includes all habitats found in Orange County, The NCCP/HCP also includes Special Linkage, Existing Use, Non -Reserve Open Space and Policy Plan Area designations. Proposed NTS Site 13 (Rattlesnake Reservoir), 46 (San Joaquin Marsh Enhancement) and 62 (San Joaquin Marsh — SAMS 1) are located within "Non -Reserve Open Space" and Site 39 (Sand Canyon Reservoir) is designated "Special Linkage." Uses that occur within areas designated as "Existing Use" are areas outside of the Reserve System that didn't contain significant amounts of coastal sage scrub or NCCP covered species (see following page for list of covered and conditionally -covered species and habitats) to warrant inclusion Into the Reserve System. The federal 10(a) permit that was Issued for the NCCP/HCP does not authorize take of coastal sage scrub or covered and/or conditionally -covered species within these areas. Uses that occur within areas designated as "Special Linkage" include golf courses, parks, • and open space that provide linkages between Reserve System areas. Proposed NTS Site 39 (Sand Canyon Reservoir) is located within this designation and Includes the R.TrOIKUR OSOT• hM 1.3-0118N DDC 67 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Strawberry Farms Golf Course, which together with an existing reservoir provides valuable • linkage between the coastal foothills and San Joaquin Marsh and Upper Newport Bay through the Sand Canyon Wash area. Take within areas designated as "Special Linkage" is authorized as specified in the NCCP/HCP and Section 6.0 of the IA. • Adaptive Management Programs: The NCCP/HCP includes provisions for adaptive management that is defined as a flexible, iterative approach to long-term management of biotic resources that is directed over time by the results of ongoing monitoring activities and other information. Under this approach, biological management techniques and specific objectives are regularly evaluated in light of monitoring results and other information. These periodic evaluations are used over time to adapt both the management objectives and techniques to better achieve overall management goals. The purpose of adaptive management within the framework of the NCCP/HCP Reserve System is to maintain the long-term net habitat value within the subregion. Adaptive management literally means that management actions within the Reserve will be monitored closely and modified or adapted over time to respond to new scientific information, changing conditions and habitat needs. Adoption of the NCCP/HCP requires the preparation of the following adaptive management plans: - Annual biological resources monitoring within the Reserve System; - Restoration and enhancement actions within the Reserve System such as the eradication of invasive and pest species; - Grazing management and revegetation; - Short- and long-term fire management; • - Public access and recreation use; and - Interim management of privately -owned lands. • Non -Wasting Endowment: A non -wasting endowment was established for Reserve creation and habitat management from contributions from the same participating landowners that funded the initial formulation of the NCCP/HCP program including the Transportation Corridor Agencies, IRWD, Metropolitan Water District, and the County of Orange. This fund is intended to grow over time with the collection of in -lieu mitigation fees, and state and federal contributions. It should be noted that IRWD contributed $1,000,000 to this endowment. The NCCP/HCP 10(a) Permit issued to the IRWD and all of the other participating landowners provides full cover regulatory coverage for the following species for planned activities in accordance with the NCCP/HCP and the IA: Covered Species: arboreal salamander (Aneides lugubris) black -bellied slender salamander (Batrachoseps nigriventris) Catalina mariposa lily (Calochortus catalinae) • coastal cactus wren (Camplorhychus brunneicapillus) California gnatcatcher (Polioptila californica californica) coastal rosy boa (Lichanura trivirgata rosafusca) RAPro1eots11RWDIBIo TechWT51.3-011604.DOC 68 Biological Resources Technical Study San Diego Creek Watershed Natural Treatmeht System Draft coastal western whiptail lizard (Cnemidophorus tigris multicutatus) Coronado skink (Eumeces skiltonianus Interparietalis) Coulter's matilija poppy (Romneya coulten) coyote (Canis latrans) gray fox (Urocyon cinereoargenteus) heart -leaved pitcher sage (Lepichinia cardlophylla) Laguna Beach Dudleya (Dudleya stolonifera) northern harrier (Circus cyaneus) Nuttal's scrub oak (Quercus dumosa) orange -throated whiptail lizard (Cnemidophorus hyperythrus beldingi) Peregrine falcon (Falco peregrinus) red diamondback rattlesnake (Crotalis ruberruber) red -shouldered hawk (Buteo Ilneatus) rough -legged hawk (Buteo lagopus) San Bernardino ringneck snake (Diadophis punctatus mddestus) San Diego desert woodrat (Neotoma lepida Intermedia) San Diego horned lizard (Phrynosoma coronatum blainvillei) Santa Monica Mountains dudleya (Dudleya cymosa spp. ovatifolia) sharp -skinned hawk (Accipiterstrlatus) small -flowered mountain mahogany (Cercoccrpus minutifolio) southern California rufous -crowned sparrow (Aimophila ruficeps canescens) tecate cypress (Cupressus forbesh) western spadefoot toad (Coastal Subarea only) (Scaphiophis hammondi) In addition, Section 8.3.2 of the NCCP/HCP and associated IA provides conditional coverage for the following species: • Condition//v-Covered Species occur within the boundaries of the NTS Plan. "The southwestern arroyo toad was listed as an endangered species under FESA on December 16, 1994 (Fed. Reg., Vol 59. No 241, pp. 64859-64866). This species does not occur in the Coastal Subarea. The arroyo toad habitat covered supports smaller populations (except for the Limestone Creek population), reintroduced populations, or populations with have expanded due to NCCP reserve management. Except as provided in Section 6.1(b)(4), habitat that supports a major arroyo toad population that plays an essential role in the distribution of the arroyo toad in the Subregion is not covered. USFWS may define specific locations in the Central Subarea for arroyo toad surveys. Participating Landowners shall conduct surveys at the locations specified by the USFWS. It Is acknowledged by the Parties that TCA has completed surveys for this species in the Santiago Creek area and such surveys have not identified the presence of this species. Except as provided in Section 6.1(b)(4), mitigation necessary to address Take of this species on lands owned by the Participating Landowners shall be carried out by means of relocation of species populations to areas within the Reserve System in the manner and locations specified by USFWS, after consultation with CDFG and the NCCP Non -Profit Corporation:" Habitat that could potentially support this species does is occur within the boundaries of the NTS Plan. fL'TM svawol iOTahlNTs1-sol+sw.00c 69 ftlogicalResources Technical Study San Diego Creek Watershed Natural Treatment System Draft Least Bell's vireo (Vireo bellii pusillus): "The habitat covered supports migrant and nesting birds in locations with lesser long- term conservation values. Habitat that supports migrants or nesting birds and has potentially significant long-term conservation value in the Subregion is not covered. USFWS may define specific locations in the Central/Coastal Subregion for surveys for this species. Participating Landowners shall conduct surveys at the locations specified by the USFWS. Planned Activities that would affect habitat of this species shall be consistent with a mitigation plan that: 1) addresses design modifications and other on - site measures that are consistent with the project's purposes, minimizes impacts, and provides appropriate feasible protections, 2) provides for compensatory habitat restoration/enhancement activities at an appropriate location (which may include land within the Reserve System or other open space) and which may include planting of riparian trees and shrubs and /or cowbird trapping, and 3) provides for monitoring and Adaptive Management of habitat, within the Reserve System including cowbird trapping, consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, CDFG, and the NCCP Non -Profit Corporation, and approved by USFWS." NTS Facilities have been sited outside areas containing habitat known to be occupied or having potential to be occupied by this species. "The habitat covered supports migrants and nesting birds in locations with lesser long- term conservation values. Habitat that supports migrants or nesting birds and has potentially significant long-term conservation value in the Subregion is not covered. USFWS may define specific locations in the Central/Coastal Subregion for surveys for this species. Participating Landowners shall conduct surveys at the locations specified • by USFWS. Planned Activities that would affect habitat of this species shall be consistent with a mitigation plan that: 1) addresses design modifications and other on - site measures that are consistent with the project's purposes, minimizes impacts, and provides appropriate feasible protections, 2) provides for compensatory habitat restoration/enhancement activities at an appropriate location (which may include land within the Reserve System or other open space) and which may include planting or riparian trees and shrubs and/or cowbird trapping, and 3) provides for monitoring and Adaptive Management of habitat, within the Reserve System including cowbird trapping, consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, CDFG, and the NCCP Non -Profit Corporation, and approved by USFWS." NTS Facilities have been sited outside areas containing habitat known to be occupied by this species; however, it has the potential to occur at Sites 13, 39, 46, and in riparian habitats adjacent Site 62. However, no known southwestern willow flycatcher breeding and nesting have been documented at this site. "The Quino checkerspot habitat that is covered supports populations that are very small and/or satellite in nature, reintroduced populations, or populations which have expanded due to NCCP Reserve Management. Habitat which supports a major checkerspot population that plays an essential role in the distribution of the checkerspot in this subregion and adjoining areas is not covered. Planned Activities that would affect Quino checkerspot habitat shall be consistent with a mitigation plan that 1) addresses design modifications and other on -site measures that are consistent with the project's purposes, minimizes impacts, and provides appropriate feasible protections for the Quino • checkerspot, 2) provides for compensatory habitat restoration/enhancement activities at an appropriate location (which may include land in the Reserve System or other open space) and which may include seeding with host plants, prescribed burning or grazing, and similar activities, and 3) provides for monitoring and Adaptive Management of Quino RAPMJecl511RW 01SIo TechlNTS 1.3-W 1804.000 70 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment checkerspots and their habitat within the Reserve System consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, • CDFG and the NCCP Non -Profit Corporation." Surveys for these species were conducted by LSA Associates in 2001 and none was found. "The vernal pool habitat that is covered is highly degraded and/or artificial (e.g., created as a result of past farming practices, vehicle operation, or grading). Non -degraded, natural vernal pool habitat is not covered. Planned Activities that would affect vernal pool habitat shall be consistent with a mitigation plan that: 1) addresses design modifications and other on -site measures that are consistent with the project's purposes, minimizes impacts, and provides appropriate feasible protections for vernal pool habitat, 2) provides for compensatory vernal pool habitat restoration/enhancement activities at an appropriate location (which may include land within the Reserve System or other open space) and includes relocation of potential cyst -bearing soils, and 3) provides for monitoring and Adaptive Management of vernal pools consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, CDFG, and the NCCP Non -Profit Corporation, and approved by USFWS." Habitat that would potentially support this species does not occur within the boundaries of the NTS Plan. "The vernal pool habitat that is covered is highly degraded and/or artificial (e.g., created as a result of past farming practices, vehicle operation, or grading). Non -degraded, natural vernal pool habitat is not covered. Planned Activities that would affect vernal • pool 'habitat shall be consistent With a mitigation plan that: 1) addresses design modifications and other on -site measures that are consistent with the project's purposes, minimizes Impacts, and provides appropriate feasible protections for vernal pool habitat, 2) provides for compensatory vernal pool habitat restoration/enhancement activities at an appropriate location (which may include land within the Reserve System or other open space) and includes relocation of potential cyst -bearing soils, and 3) provides for monitoring and Adaptive Management of vernal pools consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed In coordination with USFWS, CDFG, and the NCCP Non -Profit Corporation, and approved by USFWS." Habitat that would potentially support this species does not occur within the boundaries of the NTS Plan. Golden eagle (Aoufla chrvseetos): "Planned Activities that would affect golden eagle habitat are authorized If the habitat is more than on -half mile from an active or historically active nest site. If the habitat is within one-half mile of an active or historically active nesting site, Planned Activities shall be sited in such a way that the activity has minimal potential to cause nest abandonment of the nesting site. If the activity is sited in such as way as to have more than minimal potential to cause abandonment, the activity shall be consistent with a mitigation plan that: 1) addresses design modifications or other on -site measures that are consistent with the project's purposes, minimizes Impacts to nest sites, and provides appropriate protections for nest sites, 2) provides for compensatory restoration/creation (normally ledge enhancement) of nesting habitat at an appropriate location (which may include land in the Reserve System or other open space), and 3) provides for monitoring and Adaptive Management of cliff nesting raptors consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination With USFWS, CDPG and the NCCP Non -Profit Corporation, and approved by USFWS." Habitat that has the potential for nesting by this species may occur within a one-half mile of some NTS sites. FL*nOJB9S1RWM310TechWT91.3-0118N.00C 71 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft However, construction, operation and maintenance activities associated with these facilities are not expected to impact species nesting activities that may lead to nest abandonment. Prairie falcon (Falco mexicanus): "Planned Activities that would affect prairie falcon habitat are authorized if the habitat is more than one-half mile from an active or historically active nest site. If the habitat is within one-half mile of an active or historically active nesting site, Planned Activities shall be sited in such a way that the activity has minimal potential to cause nest abandonment of the nesting site. If the activity is sited in such as way as to have more than minimal potential to cause abandonment, the activity shall be consistent with a mitigation plan that: 1) addresses design modifications or other on -site measures that are consistent with the project's purposes, minimizes impacts to nest sites, and provides appropriate protections for nest sites, 2) provides for compensatory restoration/creation (normally ledge enhancement) of nesting habitat at an appropriate location (which may include land in the Reserve System or other open space), and 3) provides for monitoring and Adaptive Management of cliff nesting raptors consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, CDFG and the NCCP Non -Profit Corporation, and approved by USFWS." Habitat that has the potential for nesting by this species may occur within a one-half mile of some NTS sites. However, the construction, operation and maintenance of these facilities are not expected to impact species nesting activities that may lead to nest abandonment. "Planned Activities affecting populations smaller than 20 individuals are fully authorized. • Planned Activities that affect populations of between 20 to 100 individuals (this number may be adjusted by USFWS and the CDFG if reserve monitoring shows the size of potentially important populations to be different), shall be consistent with a mitigation plan that: 1) addresses design modifications or other on -site measures that are consistent with the project's purposes, minimizes impacts to foothill mariposa lily habitat, 2) provides for an evaluation of salvage, restoration/enhancement/management of other conserved mariposa lily, or other mitigation techniques to determine the most appropriate mitigation technique to offset impacts, and implements mitigation consistent with the foregoing evaluation, and 3) provides for monitoring and adaptive management of foothill mariposa lily consistent with Chapter 5 of the NCCP/HCP. The mitigation plan will be developed in coordination with USFWS, CDFG and the Non -Profit Corporation, and approved by USFWS." The species has potential to occur at Sites 13 and 39. However, these are existing facilities that will be operated and maintained as they have historically with no new construction. Therefore, impacts to this species are not expected to occur. It should be noted that the NCCP/HCP Non -Profit Corporation referred to above is the Nature Reserve of Orange County (NROC). Lastly, the NCCP/HCP provides coverage for certain habitats as follows: Covered Habitats: Oak woodlands; Tecate cypress forest; • Cliff and rock; Chaparral (Coastal Subarea only) R1ProjectsVRWD1S1oTech1NTS 1-3-011804 DDC 72 Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Coastal sage scrub is also a covered habitat in accordance with the provision of NCCP/HCP EIR/EIS 553 and associated IA. 0 • Authorized Take In Accordance with a 10(a) Permit issued to all participating property owners. The Irvine Ranch Water District is authorized to remove and/or disturb up to 60 acres of coastal sage scrub within the Reserve System and up to 27 acres outside the Reserve System related to the implementation of "Planned Activities" as described in Chapters 4 and 5 of the NCCPIHCP. IRWD contributed $1,000,000 as part of the creation of the non-profit corporation (i.e., NROC) endowment for Reserve System management. Take of Identified Species and covered habitats is authorized by the NCCP/HCP and the IA as the result of any Planned Activity, including: 1) construction activities undertaken pursuant to local government authorization; 2) construction of infrastructure facilities; 3) ongoing maintenance of existing and future infrastructure facilities; 4) recreational activities within the Reserve System; and 5) habitat management activities including activities under the management plans identified in Section 5.3.2(b) (i.e., fire management, grazing management, recreation management, and restoration and enhancement) on all lands owned or controlled by Participating Landowners (Section 9 of the NCCP/HCP IA). Creation of a Non -Profit Corporation (Nature Reserve of Orange County) referred to as the Nature Reserve of Orange County (NROC) was created in December of 1996 as the Non - Profit Corporation to administer the Reserve System with regularly scheduled meetings occurring each quarter. The NROC membership currently includes 13 Directors representing participating landowners, public agencies and utility companies, the state and federal resource agencies and three at -large Directors and three Ex-Officio Directors. The Irvine Ranch Water District is a member of the NROC Board of Directors. A Technical Advisory Committee (TAC) was created by the NROC and is headed by The Nature Conservancy and includes eight advisors made up of landowners, agencies and academics. An IA was executed by all participating landowners and agencies for the purpose of establishing the roles and responsibilities of all participating landowners, the County, and cities within the County and all other signatories to the agreement. Sections 8.7(a) and 8.7(b) (Future Environmental Documentation) of the IA states the following: "(a) In issuing any permits of other approvals with regard to Participating Landowners' Planned Activities, for any Identified Species, CSS, Covered Habitats or species covered by Section 8.3.4(d), and with regard to Non -Participating landowners' activities for CSS species, absent a finding of Extraordinary Circumstances as defined in Section 8.9, and subject to any requirements of NEPA (including 40 C.F.R. § 1502.9(c)), USFWS shall rely on and shall utilize the EIR/EIS prepared in conjunction with the NCCP/HCP as the NEPA environmental document for such permits and approvals and for any other approval process subject to its jurisdiction or involvement with regard to potential impacts on Identified Species, CSS, Covered Habitats or species covered by Section 8.3.4(d). CDFG shall rely on the EIR/EIS prepared in conjunction with the NCCP/HCP as appropriate CEQA documentation for any future approvals regarding potential impacts to Identified Species related to Planned Activities. (b) The Parties understand and intend that the EIR/EIS prepared in conjunction with the 40 NCCP/HCP will operate as a "Program" EIR and EIS pursuant to applicable provisions of the R.wropwuawoUsotechWTs I-amleowoc 73 Biological Nesources Technical Study San Diego Creek Watershed Natural Treatment System Draft Council on Environmental Quality NEPA regulations (40 C.F.R. § 1500 at seq.), the CEQA • Guidelines (14 C.C.R. § 15000 et seq.) and the NCCP Act. Accordingly, the Local Government shall, consistent with the provisions of CEQA and Section 8.1, rely on and utilize the EIR prepared in conjunction with the NCCP/HCP in evaluating future planning decisions, and in issuing any permits or other approvals within the Central/Coastal Subregion with regard to the Planned Activities. Subsequent activities will be examined in light of the program EIR/EIS and Section 8.1 in to determine if additional environmental documentation is required. In this respect, CDFG and each non -Federal signatory agency have determined that compliance with the NCCP/HCP and this Agreement mitigates or avoids impacts to Identified Species and, absent a finding of Extraordinary Circumstances as defined and provided in Section 8.9, any Take authorized by this Agreement will not constitute a significant impact on the Identified Species and their respective habitats." 3.4.4 Special Area Management Plan The USACOE, Los Angeles District, is conducting a comprehensive aquatic resources plan to achieve a balance between aquatic resource protection and reasonable economic development. A Special Area Management Plan (SAMP) is currently underway for the San Diego Creek watershed. The planning effort for the San Diego Creek SAMP began in 1999 and will be completed in three phases. Phase I involves baseline studies for aquatic resources. Aquatic resource delineation and wetland functional assessment were completed by Waterways Experiment Station (WES) and Cold Regions Research and Engineering Laboratory (CRREL) to provide a planning level delineation and a landscape -level functional assessment. Phase II is the scoping process and preparation of the Draft EIS. Phase III involves the establishment of an aquatic reserve system and program -level permits under Section 404 which may be used to authorize program -level permits if the project is consistent with specific criteria contained in the SAMP. The IRWD, as a stakeholder in the SAMP program, has presented the proposed NTS Plan to the USACOE at their regularly -scheduled stakeholder meetings. The IRWD intends to seek authorization for construction of the NTS sites through the traditional Section 404 permitting process until the SAMP program is approved. 3.4.5 USACOE 404 Permit Process Section 404 of the Clean Water Act (Act) regulates the placement of dredged and fill material into waters of the United States, including wetlands. The Act authorizes the issuance of permits for such discharges as long as the proposed activity complies with environmental requirements specified in Section 404(b)(1) of the Act. Section 404 is the primary federal program regulating activities in wetlands. The Section 404 program is administered by both the USACOE and the U.S. Environmental Protection Agency (USEPA), while the USFWS, National Marine Fisheries Service (NMFS), and several state agencies play important advisory roles. The USACOE has primary responsibility for the permit program and is authorized, after notice and opportunity for a public hearing, to issue Section 404 permits. In evaluating individual Section 404 permit applications, the USACOE determines compliance with Section 404(b)(1) guidelines and carries out a public -interest review. This review involves balancing such public - interest factors as conservation, economics, aesthetics, wetlands protection, cultural values, navigation, fish and wildlife values, water supply, and water quality. The USACOE also considers comments received from the USEPA, USFWS, NMFS, and state resource agencies. • Section 404 regulates only the discharge of dredged or fill material into "waters of the United States." Discharges of dredged and fill material are commonly associated with activities such R.1Projects11RW01010 Tmh%T51-3A11B04,o0C 74 Biological Resources Technical Study San Diego Creek Watershed Natural I*matment System as channel construction and maintenance, fills to create development sites, transportation improvements, and water resource projects (such as dams, jetties, and levees). Excavation activities (e.g., mechanized land clearing, ditching, channelization, runoff from disposa► areas and others) also result in at least some discharge of dredged materials, and are thus regulated. Discharges can be authorized by either individual or general permits under Section 404. If an individual permit is required, an application form describing the proposed activity is submitted to the USACOE. Once a complete application 1s received, the permitting agency Issues a public notice containing the information needed to evaluate the likely impact of the proposed activity. Notice is sent to all Interested parties, including appropriate government agencies at the federal, state, and local level, and others as requested. Any person may request that a public hearing be held to consider the application. The USACOE is authorized to Issue general permits on a nationwide, state, or regional basis for categories of activities that have minimal individual and cumulative impacts. General permits are issued for five-year periods. They allow certain activities to occur without individual federal permit approval as long as the discharger complies with standard conditions issued by the USACOE. General permits eliminate Individual review and thus allow certain activities to occur with little, if any, delay or paperwork. Once issued, a general permit may be modified or revoked if the permitted activities are found to have had adverse environmental impacts: On a case -by -case basis, the permitting agency may Invoke discretionary authority and require a discharger that would -otherwise be covered by a general permit to apply for an Individual permit. The most significant general permits are called nationwide permits, because they apply throughout the country. Forty nationwide permits exist. Some activities included under nationwide permits Include minor discharges and dredging, wetland and riparian restoration and • creation activities, and temporary construction. 3.4.6 California Department -of Fish and Game Streambed Alteration Agreement The CDFG has jurisdictional authority over wetland resources associated with rivers, streams, and lakes under California Fish and Game Code Sections 1600-1607. Activities of state and local agencies and public utilities that are project proponents are regulated by the CDFG under Section 1601 of the code and regulates work that will: substantially divert, obstruct, or change the natural flow of a river, stream, or lake; substantially change the bed, channel, or bank of a river, stream, or lake; or use material from a streambed. CDFG enters into a Streambed Alteration Agreement with a project proponent and can impose conditions on the agreement to ensure no -net loss of wetland values or acreage. Because CDFG includes under its jurisdiction streamside habitats that under the federal definition may not qualify as wetlands and/or "waters of the U.S. on a particular project site, CDFG jurisdiction may be broader than the jurisdiction of the USACOE. As an example, riparian forests In California often Ile outside the plain of ordinary high water regulated under Section 404 of the Clean Water Act, and often do not have all three parameters (wetland hydrology, hydrophytic vegetation, and hydric soils) sufficiently present to be regulated as a wetland. However, riparian forests are frequently within CDFG regulatory jurisdiction under Section 1601. 3.4.7 California Department of Fish and Game Wild and Scenic Rivers Desivnation The project does not occur within, adjacent to, or near a river that has been designated as "Wild • and Scenic" under state or federal law. a.wmiea,uRao%eiorecNwrs 1.3-011ee4.00c 76 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 3.4.8 California Department of Fish and Game Code Section 3503 • Fish and Game Code Section 3503, much like the federal Migratory Bird Treaty Act, prohibits the needless destruction of the nest or eggs of any bird. The code states: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto." 3.4.9 RWQCB 401 Permit Process The RWQCB is the primary agency responsible for protecting water quality in California. The RWQCB regulates discharges to surface waters under the federal Clean Water Act and the California Porter -Cologne Water Quality Control Act. The RWQCB's jurisdiction extends to all waters of the State and all waters of the United States, including wetlands. The Clean Water Act Section 401 provides the RWQCB with the authority to regulate through 401 Certifications any proposed federally -permitted activity which may affect water quality. Among such activities are discharges of dredged or fill material permitted by the Corps under the Clean Water Act Section 404. Certifications must be based on a finding that the proposed discharge will comply with water quality standards. 3.4.10 National Pollutant Discharge Elimination System Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and other activities. The 1972 amendments to the Federal Water Pollution Control Act prohibit the discharge of any pollutant to navigable waters from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. In 1987, the passage of the Water Quality Act established NPDES permit requirements for discharges of stormwater. The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Section 402(p) (2) of the federal Clean Water Act lists five types of stormwater discharges required to obtain a NPDES permit. Since 1990, operators of stormwater systems such as Orange County's have been required to: • Develop a stormwater management program designed to prevent harmful pollutants from being dumped or washed by stormwater runoff, into the stormwater system, then discharged into local water bodies. • Obtain a NPDES permit. In most cases, the NPDES permit program is administered by authorized states. In California, these programs are administered by the SWRCB and by the nine RWQCBs that issue NPDES permits and enforce regulations within their respective regions. Orange County lies within the jurisdiction of both the Santa Ana and San Diego Regions. These two regional boards issued the first municipal NPDES permit in 1990 to the "Orange County Stormwater Program," a partnership between the County, all cities within Orange County, and the O.C. Flood Control District. On January 18, 2002, the Santa Ana RWQCB issued a new five-year NPDES permit (order no. R8-2002-0010). This permit applies to the County of Orange, the O.C. Flood Control District, and the cities of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Woods, La Habra, La Palma, Lake Forest, • Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda. RVroJectsVRWD16IoTech1NTS 1.3-011804.000 76 Biological Resources Technical Study San Diego Crook Watershed Natural Treatment System Draft The San Diego RWQCB issued a new five-year NPDES permit on February 13, 2002 (order no. R8-2002-0010). This permit applies to the County of Orange, the O.C. Flood Control District, • and the cities of Aliso Viejo, Dana Point, Laguna Beach, Lake Forest, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Rancho Santa Margarita, San Clemente, and San Juan Capistrano. 3.4.11 Drainaue Area Management Plan (DAMP) The Drainage Area Management Plan (DAMP) describes the Orange County Stormwater Program, the program run by the County of Orange and cities to comply with theirjointiy held stormwater permit. It 1s the principal policy and guidance document for the countywide NPDES Stormwater Program. Provide the framework for the program management activities and plan development; 2. Provide the legal authority for prohibiting un-permitted discharges to the storm drain system and for requiring BMPs in new development and significant redevelopment; 3. Improve existing pollution prevention and removal BMPs to further reduce the amount of pollutants entering the storm drain system; 4. Educate the public about the issue of urban stormwater and non-stormwater pollution and obtain their support in implementing pollution prevention BMPs; 5. Ensure that all new development and significant redevelopment incorporates appropriate post construction nonstructural and structural BMPs and evaluate "special' structural BMPs to address specific water quality problems as identified through the water quality planning • process; 6. Ensure that construction sites implement pollutant control practices that address control of construction related pollutants Including erosion and sediment control and on -site hazardous materials and waste management; 7. Identify industrial stormwater dischargers in Orange County and notify them of State Industrial stormwater permit requirements; 8. Detect and eliminate un-permitted discharges and illegal connections to the municipal storm drain system; 9. Conduct a stormwater monitoring program to Identify areas with water quality problems, to assist in the prioritization of watersheds for analysis and planning, and to assist in the prioritization of pollutants to facilitate the development of specific controls to address these problems; and 10. Address the special focus within the Newport Bay/San Diego Creek watershed due to its impaired status and the resulting development of TMDLs for sediment, nutrients, bacteria, and toxics. 3.4.12 Mloratory Bird Treaty Act The original Migratory Bird Treaty Act of 1918 implemented the 1916 Convention between the United States and Great Britain (for Canada) for the protection of migratory birds. Specific • provisions of the statute include the establishment of a Federal prohibition, unless permitted, to 'pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for R Trojecls9 olwaTechlNTe 1.3MIMDOC 77 Biological Resources Technical Study • San Diego Creek Watershed Natural Treatment System Draft transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of the Convention ... for the protection of migratory birds ... or any part, nest, or egg of any such bird." Birds species protected under the provisions of the Migratory Bird Treaty Act are identified by the List of Migratory Birds (Title 50 of the Code of Federal Regulations, Section 10.13 as updated by 1983 AOU Check -list and published supplements through 1995, U.S. Fish and Wildlife Service). In addition, Section 8.3.7 of the NCCP/HCP Implementation Agreement authorizes the participating landowners who possess a 10a permit under this program to take species covered by the permit in the amount and/or number and subject to the same terms and conditions as specified in the permit. Any such take will not be in violation of the Migratory Bird Treaty Act of 1918 as amended (16 U.S.C. §§ 703-12). Such Special Purpose Permit shall be valid for a period of three years from its effective date (July 17, 1996), provided the associated 10a Permit remains in effect for such period, subject to renewal as provided in Section 8.3.7(b) of the Implementation Agreement and Special Purpose Permit provisions contained in Section 50 C.F.R. § 21.27. R:1PM1eC[5URW01B10 TeChWTS I.M11804.00C 78 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 4.0 PROJECT IMPACTS 4.1 INTRODUCTION In this analysis, project impacts for regional NTS facilities were based on a comparison of preliminary design reports (PDR) depicting project grading limits and general construction - related activities with the existing biological resources at the individual NTS Facility sites. The impacts associated with the construction, operation and maintenance of the local NTS facilities were based on precise facility boundary information provided for each site. Both the regional and local facilities are provided in Figures 3 through 33e. Both direct and Indirect Impacts on biological resources have been evaluated. Direct Impacts are defined as the initial loss of habitat resources as a direct result of grading and/or construction activities, and periodic disturbances and subsequent loss'of habitat associated with ongoing operation and maintenance. Indirect impacts are defined as those activities having the potential to cause temporary disturbances of resources located within adjacent areas such as construction activities as well as ongoing, long-term operations and maintenance of a NTS facility (e.g., noise, dust, human presence, etc.). Biological impacts from the proposed NTS Facility sites were evaluated with respect to the presence or potential presence of the following biological resources: • federally- or state -listed Endangered or Threatened species of plant or wildlife; • state and federal jurisdictional resources, including streambeds, wetlands, and their associated vegetation; • habitats suitable to support a federally- or state -listed Endangered or Threatened species of plant or wildlife; • species designated as California Species of Special Concern or federal Species of Concern and the habitats that potentially support these species; • habitat, other than jurisdictional resources, considered special status by regulatory agencies (USFWS, CDFG, Orange County) or resource conservation organizations; and • other species or issues of concern to regulatory agencies, City or County guidelines, or conservation organizations. The actual and potential occurrence of these resources in proposed NTS Facility sites was correlated with the following whether the impacts of the proposed NTS Facilities on these significant. 4.2 SIGNIFICANCE CRITERIA the study area and within the significance criteria to determine resources would be considered The potential significance of environmental impacts on biological resources has been assessed using impact significance criteria that mirror the policy contained in CEQA, Section 21001(a) of the California Public Resources Code. Accordingly, the State Legislature has established it to be the policy of the state to: U • • RdPM)eCWRWD1810 TeahMS 4-01190UM 79 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft "Prevent the elimination of fish or wildlife species due to man's activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities..." Determining whether a project may have a significant effect or impact, plays a critical role in the CEQA process. According to CEQA, Section 15064.7 Thresholds of Significance, each public agency is encouraged to develop and adopt (by ordinance, resolution, rule, or regulation) thresholds of significance that the agency uses in the determination of the significance of environmental effects. A significance threshold is a quantitative, qualitative, or performance level of a particular environmental effect, that would normally be determined to be significant by the agency if the threshold is exceeded. In the development of thresholds of significance for impacts on biological resources, CEQA provides guidance primarily in Section 15065—Mandatory Findings of Significance, and the CEQA Guidelines, Appendix G, Environmental Checklist Form. Section 15065(a) states that a project may have a significant effect where: "The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or wildlife community, reduce the number or restrict the range of an endangered, rare, or threatened species..." Appendix G of the CEQA Guidelines is more specific in addressing biological resources and • encompasses a broader range of resources to be considered, including: candidate, sensitive, or special status species; riparian habitat or other sensitive natural communities; federally protected wetlands; fish and wildlife movement corridors; local policies or ordinances protecting biological resources; and adopted habitat conservation plans. These factors are considered through the checklist of questions answered during the Initial Study process that is used to determine the appropriate type of environmental documentation for a project (Negative Declaration, Mitigated Negative Declaration, or EIR). Because these questions are derived from standards in other laws, regulations, and other commonly used thresholds, these standards have been used as the basis for defining significance thresholds in this Technical Study. For each of the thresholds identified below, the section of CEQA upon which the threshold was derived has been provided. • For the purpose of this analysis, impacts on biological resources are considered significant (before considering offsetting mitigation measures) if one or more of the following conditions would result from implementation of the proposed project: • If the project has a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFG or USFWS (CEQA Guidelines, Appendix G, IV [a]), If the project has a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS (CEQA Guidelines, Appendix G, 1V [b]), RAPmJectsURWDlBIo TechWTB 4-011e04.dm 80 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System • If the project has a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (CEQA Guidelines, Appendix G, IV [c]), • If the project interferes substantially with the movement of any native or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impedes the use of native wildlife nursery sites (CEQA Guidelines, Appendix G, IV (d]), • If the project conflicts with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (CEQA Guidelines, Appendix G, iV [e]), • If the project conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan (CEQA Guidelines, Appendix G, IV. IV). An evaluation of whether an Impact on biological resources would result in a "substantial adverse effect" must consider both the resource itself and how that resource fits Into a regional context. For the proposed project, the regional setting of the project includes the following USGS quads that cover the San Diego Creek Watershed and that were queried in the records search: Laguna, Tustin, Orange, Black Star Canyon, El Toro, San Juan Capistrano, and Santiago Peak. For the purposes of this impact analysis, "substantial adverse effect" is defined as the loss or harm of a magnitude which, based on current scientific data and knowledge, would: 1) substantially diminish population numbers of a species or distribution of a habitat type within . the region; or 2) eliminate the functions and values of a biological resource in the region. 4.3 DIRECT CONSTRUCTION IMPACTS The following sections (4.3.1 through 4.3.4) analyze Impacts associated with grading, construction, and operation and maintenance of the Regional and Local NTS Facilities. Direct impacts for Regional and Local NTS Facility sites are provided In Table 12. Direct impacts are separated into permanent direct impacts and temporary direct impacts in the following analysis. Permanent direct impacts Involve the removal of a vegetation type or types through the installation of a structure, thereby permanently preventing the reestablishment of the vegetation. Temporary direct impacts also Involve the removal of a vegetation type or types; however, temporary direct Impacts do not involve the installation of structures or prevent the reestablishment of vegetation. In these instances, vegetation will be reestablished through planting and/or natural recruitment of native species as a proposed component of the NTS Master Plan. Temporary impacts are those that would be repeated periodically as part of facility operation and maintenance activities. In these cases, impact acreages would vary as conditions warrant. However, the NTS program is expected to create approximately 56.7 acres of emergent marsh habitat that may be periodically Impacted by 0&M activities. These acreages are provided In Table 13. 4.3.1 Replonal and Local NTS Facility Plant and Vegetation Type Impacts The assessment and screening process described above produced a list of 31 sites, including . nine Regional Retrofit Facility sites, three Existing Regional Facility sites, and 19 Local Facility sites. Eight of the nine Regional Facilities are proposed to be constructed or implemented within the first three years. These Facilities were selected to be constructed first based upon awmpasaawote1o'rxawis"I18 4A= 81 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System their location in the watershed and the projected effectiveness of each NTS Facility in achieving the objectives of the NTS Plan. The three Existing Regional Facilities are also assumed as part of the NTS Plan operations within this same time period; however, no construction is necessary for these existing facilities. The remaining 20 facilities (one Regional and 19 Local Facility sites) are located in areas currently planned for future development, or are located within the limits of existing reservoirs or retention/detention basins and will be built in connection with local development. Four of the local facility sites (Sites 31, 32, 49, and 42) have been constructed as part of ongoing community development. A total of 31 NTS Facilities, including nine Regional Facilities, three Existing Regional Facilities, and 19 Local Facilities are identified in the NTS Master Plan. All 31 Facilities are evaluated for potential environmental effects in Chapter 4.0 of this Biological Resources Technical Study. The analysis in Chapter 4.0 is based on information in the NTS Master Plan and preliminary conceptual plans (Fact Sheets and preliminary grading plans that have been prepared for each of the NTS Facilities. Eleven of the proposed Regional NTS Plan Facilities (eight Regional and three Existing Regional Facilities) are proposed to be constructed or implemented within the first three years. Detailed design -level plans (Preliminary Design Reports) have been prepared for the eight Regional Retrofit Facilities (Sites 26, 27, 53, 54, 55, 56, 62, and 64), and are used as the basis for determining the project -level construction and operations impacts of these facilities. No physical changes to the three Existing Regional. Facilities (Sites 46, 13, and 39) are required and these facilities are currently in full operation and providing water quality treatment capabilities, therefore, the existing regional facilities will be functioning at the same time as the • eight Regional Facilities. However, since these are existing facilities and construction is not proposed, detailed PDRs are not necessary. These facilities are evaluated for potential environmental impacts with respect to long-term operations and maintenance activities. Since these are existing facilities, direct construction impacts will not occur. For 12 of the 20 local facilities (Sites 31, 32, 49, 42, 16, 18, 22, 50, 51, 52, 70A-C, 71), IRWD has received information that previously certified CEQA and/or environmental permit documentation have addressed construction, operation and maintenance, and cumulative effects of the constructed wetland facilities. Construction of four (Sites 31, 32, 49, and 42) of these 12 natural wetland treatment facilities is complete. For five of the local facilities in City of Irvine Planning Area 1 (Sites 9, 11, 10, 61, and 12A-G), IRWD has received conceptual design level and siting information and has conducted environmental analysis based on this information at a fairly detailed, though program level. For the remaining two local facilities in Irvine Planning Areas 18 and 39 (Sites 68 and 69A-E), only general planning level design and siting parameters for the natural treatment facilities are currently available. Following approval of the NTS Master Plan, Final EIR certification and issuance of all applicable permits and approvals, the NTS Plan facilities analysis provided in this section of the EIR will allow the NTS Master Plan facilities to be constructed and operated and will also allow the three Existing Regional Facilities to be acknowledged as part of the NTS Master Plan implementation. Implementation of the NTS Master Plan will include facilities requiring no construction to operate, facilities that have been constructed or are under construction, and those to be constructed as part of a planned community. This section evaluates the impacts associated with these using the following approach: • Existing Regional Sites: These are existing NTS facilities that have been incorporated into the program because each facility contributes to the overall water quality treatment system R.1PMJoctsVRWDle10 Tech\NTS 4-011804,doc 82 Biological Resources Technical Study Son Diego Crook Watershed Natural Treatment System but require no additional construction. These would include Regional Facility Sites 46, 13, and 39. 0 Sites with Final Approval by City Local Lead Agency that are Constructed — Project Level CEQA Documentation Previously Completed: These are NTS facilities with CEQA documentation certified by the local lead agency that already addresses construction -level impacts and are either constructed or under construction. These would include Local Facility Sites 31 (PA17 - West Basin), 32 (PA 17 - East Basin), and 49 (PA 17 - Center Basin), and Site 42 (PA 27 - Turtle Ridge North). Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Approved: These are facilities with CEQA documentation certified by the local lead agency that has already addressed construction level impacts but have not been constructed. This would include Local NTS Facility Sites 16 (Trabuco Retarding Basin), 18 (Marshburn Retarding Basin), 22 (MCAS El Toro — Ague Chinon Lower), 50 (MCAS El Toro — Irvine Auto Center), 51 (MCAS Ell Toro — Serrano), 52 (MCAS El Toro — Bee Canyon), 70A (PA 6 - Ague Chinon — Multiple Basins), 70B (PA 6 - Agua Chinon — Multiple Basins), 700 (PA 6 - Ague Chinon — Multiple Basins), and 71 (PA 6 - Marshburn). • Sites Addressed Only in NTS EIR (Regional Retrofit Sites): This would include Regional Facility Sites 26 (Woodbridge In -Line Channel Basins), 27 (Barranca Off -Line Wetlands), 53 (Caltrans SR-13311-5 Interchange), 54 (Caltrans SR-261/Wainut Avenue), 55 (Santa Ana/Santa Fe Channel), 56 (El Modena Park), 62 (San Joaquin Marsh — SAMS1), 64 (West Park In -Line Basins), and 67 (Selenium Site — Cienega de Las Ranas). • Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior'to . Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR: This would include Local Facility Sites 9 (PA 1 - Eastfoot Retarding Basin), 11 (Orchard Estates Retarding Basin), 10 (PA 1 - Eastfoot Lower), 12A-G (PA 1 - Lower Orchard Estates), 61 (PA 1 - Eastfoot Lower). • Sites for Which Applications and CEQA Review Will Follow Certification of NTS EIR: These would include Local Facility Sites 68 (PA 18) and 69A-E (PA 39 - Multiple Basins). The 31 NTS Facilities are located in a variety of site conditions ranging from existing marsh, streams, creeks, basins and upland areas which contain a broad range of habitats. Existing site conditions and habitat types and project impacts on these conditions and habitat types are summarized on Table 13, illustrated in Figures 3 through 33e in Appendix A and described below. Existinu Renional Sites (Sites 13, 39 and 46) NTS Site 13 (Rattlesnake Reservoir) and NTS Site 39 (Sand Canyon Reservoir) are existing reservoirs. NTS Site 46 (San Joaquin Marsh Augmentation) is an existing water quality treatment facility. No new construction is scheduled to occur within these NTS sites. NTS Sites 13 and 39 will Continue to be operated and maintained as they have in the past. Site 46 will continue to be operated as a water quality treatment facility with increased flows into the facility for additional water quality treatment. Therefore, no construction -related impacts resulting from the implementation of the NTS Plan for these facilities will occur. • RANO)O SpR OT10ToChMS4-01804Aw 83 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Drag Sites with Final Approval by City Local Lead Agency and Constructed— Project Level • CEQA Documentation Previously Completed (Sites 31, 32, 42 and 49) PA 17 includes three local facilities, NTS Site 31 (West Basin), Site 32 (East Basin), and Site 49 (Center Basin). PA 27 includes one local facility, NTS Site 42 (Turtle Ridge North). These Local Facilities include water quality treatment wetlands designed to treat runoff from the PA 17 and PA 27 development projects in the City of Irvine. The facilities at these sites have been recently constructed. Impacts to vegetation types resulting from construction of the water quality treatment wetlands were analyzed during the CEQA approval process for the PA 17 and PA 27 development projects (EIR State Clearinghouse Numbers [SCH No.] 2000021051 and 97071007, respectively). Therefore, no construction -related impacts will occur from implementation of the NTS Plan for these facilities. Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Completed (Sites 16, 18, 22, 50, 51, 52, 70A, 70B, 70C and 71) Site 16 — Trabuco Retarding Basin The Trabuco Retarding Basin is an existing flood control facility designed to contribute to the overall stormwater conveyance system for PA 9. A portion of the project area includes a golf driving range and associated facilities. The NTS water quality treatment facility will cover an area of approximately 2.23 acres creating open water and marsh habitat in the basin bottom. Impacts associated with the loss of existing habitats were addressed in Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010), certified by the • City of Irvine on June 4, 2002. Permanent impacts on ornamental landscaping, ruderal, freshwater Swale, and disturbed or barren areas were considered to be less than significant in this EIR because of the low habitat value of these vegetation types. Permanent federal and state jurisdictional impacts associated with the construction of the water quality treatment facility at Trabuco Retarding Basin were addressed through USUSACOE Permit No. 200201466-YJC issued on March 28, 2003, CDFG Section 1603 Streambed Alteration No. R5-2002-0297 issued on September 13, 2002, and RWQCB Section 401 Water Quality Certification issued on February 11, 2003 for PA 9 including the Trabuco Basin. Mitigation for the loss of non -wetland waters was satisfied through the transfer of existing wetlands credit from the San Joaquin Marsh Duck Pond Mitigation Bank. Site 18 — Marshburn Retarding Basin The Marshburn Retarding Basin is an existing flood control facility designed to contribute to the overall stormwater conveyance system for PA 6. The water quality treatment facility will cover an area of approximately 6.1 acres creating open water and marsh habitat in the basin bottom. Impacts associated with the loss of existing habitats were addressed in Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010), certified by the City of Irvine on June 4, 2002. Permanent impacts on ornamental landscaping, ruderal, freshwater Swale, and disturbed or barren areas were considered less than significant by this EIR because of the low habitat value of these vegetation types. Potential project impacts on annual grassland, ruderal, flood control channel, and disturbed or barren areas are considered less than significant because of the low habitat value of these vegetation types. • On May 23, 2002, Glenn Lukos Associates (GLA) prepared a report evaluating Marshburn Retarding Basin to determine if any portion of the basin contained state and/or federal jurisdictional resources. GLA determined that Marshburn Retarding Basin is an off-line basin RAProjectsAMIABio TOWNTS"I1804.tloc 84 Biological Resources Technical Study San Diego Crook Watershed Natural Treatment System that was constructed entirely on upland habitat. Water discharged to the basin is diverted by means of underground pipes from Marshburn Channel, Round Canyon Wash, and Bee Canyon Wash. Therefore, the existing retarding basin would not be regulated as an impoundment of "Waters of the United States" because it was not constructed to dam or impound existing jurisdictional waters. Further, the habitat types in and around the basin are predominately upland species. Together, these conditions do not meet the USUSACOE's criteria for wetlands and waters of the U.S. and, therefore, would not be regulated as a wetlands or waters of the U.S. GLA also evaluated the basin pursuant to Section 1603 of the California Fish and Game Code, which the CDFG uses to regulate activities that substantially affect bed or bank of streams or lakes. GLA determined that the basin does not meet CDFG's definition of streambed or lake and therefore activities that would affect either the basin slopes or floor would not be regulated by CDFG. The USUSACOE and CDFG will need to concur with these findings. Site 22 — MCAS El Toro Agua Chinon Lower This NTS facility is located within MCAS El Toro immediately adjacent to the lower reach of the Ague Chinon drainage. The water quality treatment facility will create approximately 4.07 acres of open water and marsh habitats. The Orange County Great Park EIR Volume 1, certified by the City of Irvine in February 2003, did not identify any special status species in or around this NTS site. The EIR further determined that Impacts to ornamental vegetative resources would be insignificant. Site 50 — MCAS El Toro Irvine Auto Center 0 This NTS facility is located within MCAS El Toro in an area currently used for agricultural purposes. The water quality treatment facility will cover an area of approximately 0.85 acre creating open water and marsh habitats. Potential project Impacts on irrigated, ornamental landscaping and ruderal habitats are considered less than significant because of their low habitat value. Impacts on herbaceous riparian would be considered potentially significant and would require authorization from the USUSACOE, CDFG, and RWQCB prior to Initiation of any construction -related activities consistent with the Mitigation Measure Bio 2 of the Orange County Great Park EIR. Site 51— MCAS El Toro Serrano This NTS facility is located within MCAS El Toro immediately adjacent to the northeasterly side of Serrano Creek within properties owned by the Department of the Navy and within the City of Irvine's Great Park. The water quality treatment facility will cover an area of approximately 3.3 acres creating open water and marsh habitats. No impacts to biological resources within the project area were Identified in the Orange County Great Park EIR Volume 1, certified by the City of Irvine In February 2003. Site 52 — MCAS El Toro Bee Canyon This NTS facility is located within MCAS El Toro immediately adjacent to the lower reach of the Bee Canyon drainage. The water quality treatment facility will cover an area of approximately • 0.83 acre creating open water and marsh habitats. Potential project impacts on ruderal, ornamental landscaping, transportation, and disturbed or barren areas are considered less than RAPM)KNURMYS10TechWTa 4.011804AM 85 Biological Resources Technical Siudy San Diego Creek Watershed Natural Treatment System significant because of their low habitat value. No impacts were identified in the Orange County • Great Park EIR Volume 1, certified by the City of Irvine in February 2003. Site 70A — PA 6 Aqua Chinon Channel This NTS facility is located immediately north of Ague Chinon Retarding Basin in an area currently used for nursery purposes. The vegetation types within the general project footprint has been identified in the Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010), certified by the City of Irvine on June 4, 2002) as "Agriculture" and include lands that contain active irrigated and non -irrigated annual crops, orchards, and nurseries. The water quality treatment facility will create approximately 0.10 acre of open water and marsh habitats. The Northern Sphere EIR further states that earthen and concrete trapezoidal channels were also common throughout the nurseries and agricultural lands but were not identified on the vegetation maps as a unique habitat or vegetation type since these features were created for agricultural activities. Section 4.4.3 Environmental Impacts Thresholds of Significance (page 4-156) did not identify the loss of agriculture and the potential effect of this loss on special status plant or wildlife species as a significant adverse environmental impact on biological resources. Site 70B — PA 6 Aqua Chinon Channel This NTS facility is located westerly of Agua Chinon Retarding Basin along Ague Chinon Channel in an area currently used for nursery purposes. Agua Chinon channel is an earthen sided and bottom trapezoidal channel with concrete culverts at regular intervals and devoid of any vegetation. Vegetation within this NTS site has been assessed by the Northern Sphere 401 Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002. Vegetation is "Agriculture" ('Irrigated" Category 14.2). No significant impacts on biological resources were identified from the loss of Agricultural lands as noted above for Site 70B. Section 4.4.3 Environmental Impacts Thresholds of Significance (page 4-156) did not identify the loss of agriculture and the potential effect of this loss on special status plant or wildlife as a significant adverse environmental impact on biological resources. Site 70C — PA 6 Aqua Chinon Channel This NTS facility is located westerly of Agua Chinon Retarding Basin along Agua Chinon Channel in an area currently used as a nursery. The project will create 0.10 acre of open water and marsh habitats. Agua Chinon channel is an earthen sided and bottom trapezoidal channel with concrete culverts at regular intervals and devoid of any vegetation. Vegetation within this NTS site has been identified as "agriculture" by the Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010), certified by the City of Irvine on June 4, 2002. No significant impacts on biological resources were identified from the loss of Agricultural lands as noted above for Site 70C. Section 4.4.3 Environmental Impacts Thresholds of Significance (page 4-156) did not identify the loss of agriculture and the potential effect of this loss on special status plant or wildlife as a significant adverse environmental impact on biological resources. Site 71— PA 6 Marshburn This NTS facility area is located near the intersection of Irvine Boulevard and the Eastern • Transportation Corridor (SR 133) in an area currently used as a nursery. Vegetation within this NTS site has been identified as "agriculture" by the Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002. The project will create 0.01 acre of open water and marsh habitats. No R:1PmJects11RWnle10 TechWT54-011804.doc 86 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft significant impacts on biological resources were identified from the loss of Agricultural lands as noted above for Site 71. Section 4.4.3 Environmental Impacts Thresholds of Significance (page 4-166) did not identify the loss of agriculture and the potential effect of this loss on special is status plant or wildlife as a significant adverse environmental Impact on biological resources. Sites Addressed Only in NTS EIMt (Regional Retrofit Sites 26, 27, 53, 54, 55, 56, 62, 64, and 67): Site 26 —Woodbridge Ih-Line Basin This NTS In -Line Channel Facility is located within San Diego Creek, an existing flood control facility operated and maintained by the Orange County Flood Control District and owned by the City of Irvine. Construction of the facility would involve the installation of seven, three-foot high permanent rock weirs in San Diego Creek. Construction of these weirs would result in the permanent removal of approximately 0.08 acre of herbaceous riparian (Category 7.1) vegetation within the creek. Additionally, operation and maintenance activities would temporarily Impact approximately 2.3 acres of herbaceous riparian vegetation. However, the water quality treatment facility would create 2.23 acres of marsh habitat. Impacts associated with grading and filling of portions of the San Diego Creek containing this vegetation type would require authorization from the USUSACOE, CDFG, and RWQCB prior to the initiation of any construction -related activities. Anticipated project impacts to jurisdictional areas are shown in Table 4. TABLE 4 SUMMARY OF SITE 26 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area (Acres) Non-watland Wetland Permanent 0.14 0.07 0.28 Temporary 0.90 1.70 3.50 Total 1.04 1.77 3.78 Site 27 — Barranca Off -Line This NTS Facility is located within an existing wetlands mitigation site. Construction of the proposed NTS Facility would involve raising the outlet riser which would increase runoff retention and extend the residency time within the tow flow areas of the mitigation site for both dry weather and storm flows. Installation of the outlet riser will not involve temporary and/or permanent impacts to existing habitat resources within the mitigation site. In addition, capturing and extending dry weather and storm flows will enhance the mitigation site habitat structure and diversity and assist the mitigation site achieve its long-term goals and objectives. This water quality treatment facility will create 0.2 acre of marsh habitat that will be subject to periodic operation and maintenance. 0 IL1ProJedsVRWDW10 TechWTS"I18d7.tloe 87 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • • • TABLE 5 SUMMARY OF SITE 27 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area (Acres) Non -Wetland Wetiand Permanent 0.00 0.00 0.00 Temporary 0.00 0.00 0.00 Total 0.00 0.00 0.00 * Temporary and permanent impacts acres subject to USUSACOE and CDFG review and approval. Site 53 - Caltrans SR-133/interstate 5 Freeway (1-5) interchange This NTS facility site is located within an existing Caltrans De -Nitrification facility. Construction of the proposed NTS Facility would permanently impact approximately 1.19 acres of basin (Category 12.3), 0.10 acre of flood control channel (Category 13.4), and 0.15 acre of disturbed or barren areas (Category 16.1). Additionally, construction and maintenance of the facility would temporarily impact approximately 0.26 acre of disturbed or barren areas. This water quality treatment facility will create 0.87 acre of marsh and open water habitats. Impacts on these vegetation types are considered less than significant because of their limited habitat value. Anticipated project impacts to jurisdictional areas are shown in Table 6. TABLE 6 SUMMARY OF SITE 53 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area -(Acres) Non -Wetland Wetland_ Permanent 0.00 0.00 0.00 Temporary 0.00 0.00 1.40 Total 0.00 0.00 1.40 * Temporary and permanent impacts acres subject to USUSACOE and CDFG review and approval. Site 54 - Caltrans SR-261/Wainut Ave. This NTS facility site is located within an existing Caltrans stormwater detention basin designed to accept stormwater flows from SR-133. Construction of the proposed NTS Facility would permanently impact approximately 2.43 acres of ruderal (Category 4.6), 0.24 acre of herbaceous riparian (Category 7.1), and 0.06 acre of ornamental vegetation (Category 15.5). Additionally, operation and maintenance of the facility would temporarily impact approximately 0.07 acre of ruderal, 0.23 acre of disturbed or barren areas, and 0.01 acre of ornamental landscaping. This water quality treatment facility will create 2.08 acres of marsh and open water habitats. Impacts associated with removal of these vegetation types are considered less than significant because of their limited habitat value. Anticipated project impacts to jurisdictional areas are shown in Table 7. RAProJec1sNRWD010 TechWTS 4-011804 occ 88 Biological Resources Technical Study San Diego Crook WatershedNetural Treatment System TABLE 7 SUMMARY OF SITE 54 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area (Acres) Non -Wetland Wetland Permanent 0.00 0.00 3.12 Temporary 0.00 0.00 0.00 Total 0.00 0.00 3.12 • Temporary and permanent Impacts acres subject to USUSACOE and CDFG review and approval. Site 55 — Santa Ana/Santa Fe Channel In -Line Basins This NTS facility is an existing flood control channel immediately east of Edinger Avenue in the City of Tustin. This NTS Facility would involve the construction of 18, two -foot high temporary weirs within the Santa Ana/Santa Fe Channel. Construction of the weirs would permanently impact approximately 0.12 acre of flood control channel (Category 13.4). Additionally, operation and maintenance of the facility would temporarily Impact approximately 2.36 acres of flood control channel. This water quality treatment facility will create 2.3 acres of marsh habitat. Impacts on this vegetation type are considered less than significant because of its limited habitat value. Grading and filling of portions of San Diego Creek would require authorization from the USUSACOE, CDFG, and RWQCB prior to initiation of any construction -related activities. Anticipated project impacts to jurisdictional areas are shown in Table 8. TABLE 8 SUMMARY OF SITE 55 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)' CDFG Jurisdictional Area (Acres) Nop-Wetland Wetland Permanent 0.01 0.00 0,02 Temporary 0.46 0.00 0.83 Total 0.47 0.00 0.85 ' Temporary and permanent impacts acres subject to USUSACOE and CDFG review and approval. Site 56 — El Modena Park This NTS facility site Is located within an existing park/flood control basin operated and maintained by the Orange County Flood Control District. Construction of the proposed NTS Facility would permanently impact approximately 2.14 acres of basin (Category 12.3) and 0.34 acre of ornamental landscaping (Category 15.5). Additionally, operation and maintenance of the facility would temporarily impact approximately 0.16 acre of ornamental landscaping. Impacts on these vegetation types are considered less than significant because of their limited habitat value. This water quality treatment facility will create 0.82 acre of marsh and open water habitats. Anticipated project impacts to jurisdictional areas are shown in Table 9. U CJ R:V'r*C1sVRWD8o TochWTS 4011804,dw 89 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • TABLE 9 SUMMARY OF SITE 56 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area (Acres) Non -Wetland Wetland Permanent 0.07 0.00 2.41 Temporary 0.00 0.00 0.00 Total 0.07 0.00 2.41 * Temporary and permanent impacts acres subject to USUSACOE and CDFG review and approval. Site 62 — San Joaquin Marsh—SAMS 1 This NTS Facility would involve the construction of an outlet structure and creation of a water quality treatment wetlands for the treatment of water to be diverted from and returned to San Diego Creek. The site is owned by IRWD and is located immediately adjacent to the Small Area MitigationSite (SAMS 1). The site is located between Campus Drive and the University of California Natural Reserve System (UCNRS) property and immediately northwest of San Diego Creek in the City of Irvine. Low -flow runoff would be diverted to this facility via a pipeline from the existing diversion structure within San Diego Creek that currently provides flow to the existing water quality treatment wetlands at Site 46 (existing San Joaquin Marsh — Augmentation). This water quality treatment facility will create 8.0 acres of marsh and open water habitats. • Cottonwood -Willow Riparian Forest NTS Site 62 is located immediately adjacent to a Cottonwood -willow riparian forest referred to as SAMS 1. The cottonwood -willow riparian forest area was created by The Irvine Company in June, 1990 as a consolidated 16.9-acre mitigation site (SAMS 1) to address impacts for several of its projects. The original landscape plan for SAMS 1 included black willow; arroyo willow; and Freemont cottonwood plantings. Understory plantings were not included in the initial landscape design. The mitigation plantings were irrigated using a furrow -flood irrigation system that was intended to supplement natural rainfall conditions and allow the site to acclimate to seasonal rainfall cycles. The regulatory agencies have accepted the mitigation site performance. The site was intended to provide habitat for the least Bell's vireo. To date, only one vireo sighting (a transient male) has been documented within the southwestern portion of the SAMS 1 site. No vireo breeding or nesting has been documented due primarily to the lack of riparian understory and edge plantings that provide good foraging habitat for the vireo (personal communication: Brian Daniels, Senior Biologist, BonTerra Consulting on February 27, 2003). Considering the absence of required habitat attributes, these existing habitat conditions are considered under the NCCP conditions of coverage to be habitat of lesser long-term value for the vireo. The USFWS and CDFG have reviewed the site conditions and have stated that the willow mitigation area was known to be occupied by the least Bell's vireo (vireo) (a single male transient). It was also noted that the willow woodland mitigation area lacked necessary structural diversity that would enhance the use of the site by the vireo and other wetland dependent species. In the intervening periods, the mitigation site has become dominated by black willow with some • cottonwoods at the southern and middle portions of the site. Following the initial establishment period and subsequent site approval by the USUSACOE, CDFG, and USFWS, the mitigation site experienced moderate willow and cottonwood dieback. This dieback likely occurred when RAProjects11RW01eio TechWTS 4-011804.dw 90 Biological Resources Technical Study San Dlego creek Watershed Natural Treatment System Draft the supplemental water application was terminated at the mitigation site. Minimal to no natural recruitment of understory plants has occurred throughout the mitigation site because understory species were not included in the initial planting palettes and the closed canopy created by the existing willows and cottonwoods Inhibits sun light infiltration and has prevented the establishment of volunteer understory species. Construction of the proposed NTS facility will not cause direct Impacts to the SAMS 1 area. The new water quality treatment facility will provide needed habitat diversity and remove a large area of exotic Invasive plant species that would continue to undermine the biological integrity of the SAMS 1 site. That is, the Site 62 water quality treatment facility would serve as an enhancement that would positively affect the long-term conservation values of the SAMS 1 site. Freshwater Marsh and Saltwater Marsh The majority of the site Is a degraded freshwater marsh habitat with some random patches of saltwater marsh habitat. The saltwater marsh portion of the site historically contained pickleweed that had been affected by the Introduction of fresh water, causing a significant dieback of this plant species. This portion of the site Is dominated by black mustard and other ruderal species. On February 27, 2003, the site was re -surveyed using 69 100-foot line intercept transects to assess the percent cover of the salt marsh, freshwater marsh, and non- native plant (ruderal) species on Site 62. Plots with native vegetation having a percent cover at 10 percent or greater of salt marsh or freshwater marsh species were identified as these respective habitat types (6.1 and 6.4). Areas containing less than 10 percent cover of salt marsh or freshwater marsh species that are dominated by ruderal species were identified as ruderal habitat (4.6). The results of the survey indicate that the project will impact approximately 0.73 acre of salt marsh habitat and approximately 5.44 acres of fresh water marsh. The project will also impact approximately 2,6 acres of non-native ruderal habitat. It should be noted that all areas containing ruderal habitat outside of the areas required for the installation of the water quality treatment facility will be converted to habitats of increased habitat value in accordance with the restoration and enhancement plan for this NTS Facility. The survey also confirmed that both the salt water marsh and freshwater marsh areas are extremely degraded and dominated by black mustard, an invasive non-native weed species. All of the habitats on site are degraded due to dominant invasive exotic weed species (such as black mustard), and lack of structural diversity especially in the cottonwood -willow riparian forest habitat areas. These habitat areas contain no understory plant species or edge plants species that provide foraging opportunities for sensitive species such as the least Bell's vireo which, in its present forms is a habitat of lesser long-term value. Restoration and enhancement of these habitat areas would convert this condition to habitats of significant long-term values under the NCCP/HCP. The design for the proposed NTS Facility 62 is based on a number of biological and physical features which were discussed with Tim Bradley (PhD, UCl/Campus Director, UCNRS-UCI,), Bill Bretz (Manager, UCNRS San Joaquin Marsh Reserve), Peter Bowler (Academic Coordinator, UCI Reserves), Loren Hays and Jonathan Snyder (USFWS), and Brad Henderson (CDFG) in response to a variety of comments. IRWD design for Site 62 includes the following elements: Preservation of areas containing salt marsh habitat to the extent practicable; • Restoration and enhancement of salt marsh, freshwater marsh, and coastal sage scrub • habitats through a restoration and enhancement plan for Site 62. The enhancement plan for this facility will also include active exotic invasive weed species management that will Increase the long-term conservation values of the site for sensitive and non -sensitive R:wroleasuaW0W1*T%hwrs4-01i8w doe 91 elologlcal Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft native plant and wildlife species. The plan may also include enhancement of the cottonwood -willow riparian forest within the SAMS 1 site. • Enhancement of the freshwater marsh through the incorporation of the water quality treatment facility; Cooperative design and management provisions with respect to the UCNRS including the following: (1) the provision of maintenance measures that IRWD will coordinate cleaning or other major work at the SAMS 1 site with UCNRS; (2) the provision of water to UCNRS site upon their request; and (3) a spine in the wetland to provide rotational drying of the wetlands to allow amphibious species and others to move out of the area being dried into another wetland. Limited frequency of maintenance activities to avoid and minimize potential impacts on sensitive plant and animal species that may use the site. Construction of the proposed NTS facility would permanently impact approximately 2.19 acres of ruderal (Category 4.6), 0.81 acre of salt marsh (Category 6.1), and 6.34 acres of freshwater marsh (Category 6.4). Permanent and temporary impacts associated with the removal of ruderal and disturbed or barren vegetation types are considered less than significant because of their low habitat value. However, permanent and temporary impacts associated with the removal of salt marsh and freshwater marsh would be considered significant (prior to mitigation) because of the limited remaining amounts of these sensitive vegetation types. The project will also include the • creation of eight acres of marsh and open water habitats together with habitat enhancement implemented by the associated enhancement plan for the this facility. As previously noted in Section 2.7.8 of this Revised Draft EIR, the NTS Plan for Site 62 includes a restoration and enhancement component with the intent of increasing the site's biological functions and significant long-term conservation values. Impacts associated with grading and filling of portions of the existing salt marsh and freshwater marsh habitats on the site would require authorization from the USUSACOE, CDFG, and RWQB prior to initiation of any construction related activities. Anticipated project impacts to jurisdictional areas are shown in Table 10. TABLE 10 SUMMARY OF SITE 62 JURISDICTIONAL IMPACTS Project Impacts USUSACOE Jurisdictional Area (Acres)* CDFG Jurisdictional Area (Acres) Non -Wetland Wetland Permanent 0.00 0.05 2.55 Temporary 0.00 0.65 9.20 Total 0.00 0.70 11.75 • Temporary and permanent Impacts acres subject w USUSACOE and CDFG review and approval. Site 64 — West Park in -Line Basins (Irvine) • This NTS facility is located within an existing flood control channel owned and operated by the County of Orange. This NTS Facility would involve the installation of four three-foot high temporary weirs within Peters Canyon Channel. Construction of the weirs would permanently R.1ProjectMIRWD00TeWNTS 4-011804,dw 92 Biological Resource's Technical Study San Diego Creek Watershed Natural Treatment System is PERMANENT 12 PERMANENT VEGETATION IMPACTS R1Projeds11RW01610 TechWTS 4011804,doc 94 San Diego Creek Watershed Natural Treatment System VEGETATION TABLE 12 (Continued) PERMANENT VEGETATION IMPACTS e _ O s C : ut PA 6 0.14 Aqua Chinon Channel VI) PA 6 Marshbum SITES ADDRESSED IN THE NTS EIR (26) Woodbridge 0.08 In -Line Basins (27) Barrana Off -Line Wetlands (53) Caltrans SR-13311-5Interchange (54) Caltrans SR-261/Walnut 0.24 Avenue (65) Santa Ana/Santa Fe Channel (56) El Modena Park (62) San Joaquin Marsh 0.81 6.34 SAMS 1 West Park Inn -Line Basins 0.73 (67) Cienega de Las Ranas Selenium ArFLIGA11ON5 LIKELY TO ISE-PILED - - - (9) PA 1 • RXPmjed5URW n1Blo Ted11NTS 4-011804.ex a-;"- - _ Nolt�a11ailiw`HabitaZRaealeeaa -} ✓! 'i ~ ! ! ! ! ! ! ! r qq 0 g c 1 , 3 C z pp Y 'MAt% m C ] a E I 3 M o Total 1.15 0.19 0.71 0.04 1.78 1.19 0.10 0.15 2A3 0.06 t 0.12 I 2.14 0.34 I - 2.19 NM ■ 1 1 liipffif Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft TABLE 12 (Continued) • PERMANENT VEGETATION IMPACTS RPMJe XIRWD1elo TechWT54-011804 do. 96 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft TABLE 12 (Continued) PERMANENT VEGETATION IMPACTS Swaddw HaWtatRastaaea Nwr,Sanitiw Hamm Wsourea 4 q O A VEGETATION CODES � - � A PIN 'f O w 3f FiI x s a 3 �a g LL It VEGETATION TYPES - ti - 0.z Total S c Total (69E) PA 39 0.47 0.02 (Multiple Basins Totals 0.00 0.00 0.00 0.00 0.00 0.68 0.25 0.81 6.34 1.06 0.00 0.03 0.00 0.14 9.17 3.33 0.15 10.98 0.26 0.33 6.59 1.00, 4.53 0.30 0.17 8.70 15.00 13.71 ;65.05 NOTE: Facility areas were obtained from the Master Plan and subse uent en ineerin studies. - • • Biological Resources San Diego Creek Watershed Natural Treatment System Draft TABLE 13 TEMPORARY VEGETATION IMPACTS a.u'roreasuaW=* Ternvars 4-011804 uoo 98 . I Biological Resources Technical San Diego Creek Watershed Natural Treatment System Draft SITES TABLE 13 (Continued) TEMPORARY VEGETATION IMPACTS Swofth s Habitat RONXWM ca ri CODES �1 H .a CD 3 g Y -- 13n n r fA 3 Y TYPES m i it t L uE i LU 0.03 'hannel 0.03 'hannel 0.01 THE NTS EIR (26) Woodbridge 2.23 In -Line Basins (� Barran caOff-Line 0.20 Wetlands (53) Caltrans 0.87 SR-13311.5Interchange (`4) Caltrans SR-261Malnut 2.08 Avenue (55) Santa Ana/Santa Fe 2.30 Channel (56) El Modena Park 0.82 (62) San Joaquin Marsh 8.00 SAMS 1 West Park Inn -Line Basins 18AO (67) Cienega de Las Ranas Selenium APPLICATIONS LIKELY TO -BE -TILED (9) PA 1 0.59 Eastfoot Retarding Basin (10) • NonSenslHw HabitatRaouncs n o � T � T r �" r r fun! !' _ a 6 3 i r 6 a e r q 8 3 1 Tota1 R1Pmjects11RWDWfoTechWTS 4-011804.dm 99 San Diego Creek Watershed Natural Treatment System Draft TABLE 13 (Continued) R:1PmjectsuRlNolefoTeehWTS 4-011e04 dx Epp Biological Resources Technical San Diego Creek Watershed Natural Treatment System TABLE 13 (Continued) TEMPORARY VEGETATION IMPACTS $Nnitlw Habitat RNatrw Hon4*wfflw Habitat Rswtrcas R vi K r o /+ 4 K n �' a K e r t: �'! w R w R c q vi R va r �s 'r n r .f q 2 ai ra .f r W qt a r} to A n r o VEGETATION COM a C4 A r r r ,r r r r r r r r r r r a IQ A � Pi � "I 31 �as 2; t33 it 3' s- $ a E' -a- tg i a 'Cc -� ± 13 � -tea a m PS itQ LL U. . , '� - w 'Q M VEGETATION TYPES - Totai i r3 - Total (69E) PA 39 0.01 Multipie Basins Totals 0.00 1 0.00 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 36.11 1 20.63 1 0.00 1 0.00 1 0.00 FO.00 56.74 0.00 0.00 1 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 NOTE: Facility areas were obtained from the Master Plan and subsequent engineering studies. • RJPmjae URWo1BioTechWrS4-011804dog - 101 San Diego Creek Watershed Natural Treatment System Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior to • Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR (Local Facility Sites 9, 10, 11, 12A-G, and 61): Site 9 PA 1 Eastfoot Retarding Basin This NTS facility is located within an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of irrigated areas (Category 14.2) over 7.27 acres, ornamental landscaping (Category 15.5) over 1.47 acres, and disturbed or barren areas (Category 16.1) over 0.26.acre. Impacts to these vegetative resources would be insignificant due to their low habitat values. Also, this water quality treatment facility will create 0.59 acre of marsh habitat. Site 10 - PA 1 Eastfoot Upper This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of vineyard and orchard (Category 14.3) over 3.51 acres and disturbed or barren areas (Category 16.1) over 0.22 acre. Impacts to these vegetative resources would be insignificant due to their low habitat values. Also, this water quality treatment facility will create 0.5 acre of marsh habitat. Site 11 - PA 1 Orchard Estates Retarding Basin This NTS facility site is located within an existing retarding basin. Vegetation within this NTS site's general impact footprint consists primarily of annual grassland and ruderal (Category • 4.1/4.6) over 11.66 acres, ornamental vegetation (Category 15.5) over 0.72 acre, and disturbed or barren areas (Category 16.1) over 1.31 acres. This water quality treatment facility will create 0.58 acre of marsh habitat. Potential project impacts on annual grassland, ruderal, ornamental, and disturbed or barren areas are considered less than significant because of their low habitat value. Site 12A - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of vineyard and orchard (Category 14.3) over 1.74 acres with disturbed or barren areas (Category 16.1) over 0.16 acre occurring at lower concentrations. Potential project impacts on these vegetation types would be considered less than significant because of their low habitat value. This water quality treatment facility will create 0.16 acre of marsh habitat. Site 12B - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of irrigated areas (Category 14.2) over 1.84 acres, with disturbed or barren areas (Category 16.1) over 0.18 acre, and ornamental landscaping (Category 15.5) over 0.2 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project impacts on these vegetation types would be considered less than significant because of their low habitat value. • Site 12C - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of irrigated areas (Category 14.2) over RAProjec(AIRW01610 TechWTS 4-011804.dm 102 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft 0.86 acre, with disturbed or barren areas (Category 16.1) over 0.18 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project Impacts on these • vegetation types would be considered less than significant because of their low habitat value. Site 12D - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of disturbed or barren areas (Category 16.1) 1.17 acres and irrigated crops (Category 14.2) over 0.01 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project Impacts on this vegetation type would be considered less than significant because of its low habitat value. Site 12E - PA 1 Lower Orchard Estates This NTS facility Is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general Impact footprint consists primarily of orchard and vineyard (Category 14.3) over 2.75 acres, with ornamental landscaping (Category 15.5) over 0.6 acre, and disturbed or barren (Category 16.1) over 0.01 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project impacts on these vegetation types would be considered less than significant because of their low habitat value. Site 121: - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of vineyard and orchard (Category 14.3) over 1.26 acres, with disturbed or barren areas (Category 16.1) over 0.01 acre, and . ornamental landscaping (Category 15.5) over 0.06 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project impacts on these vegetation types are considered less than significant because of their low habitat value. Site 12G - PA 1 Lower Orchard Estates This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general Impact footprint consists primarily of vineyard and orchard (Category 14.3) over 1.35 acres. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project impacts on vineyard and orchard vegetative resources would be considered less than significant because of its low habitat value. Also, this water quality treatment facility Will create 0.16 acre of marsh habitat. Site 61- PA 1 Eastfoot Lower This NTS facility is located in an area currently used for agricultural purposes. Vegetation within this NTS site's general impact footprint consists primarily of disturbed or barren areas (Category 16.1) over 1.06 acres, with ornamental landscaping (Category 15.5) over 0.08 acre, irrigated crops (Category 14.2) over 0.36 acre, and ruderal (Category 4.6) over 0.25 acre. This water quality treatment facility will create 0.16 acre of marsh habitat. Potential project impacts on these vegetation types are considered less than significant because of their low habitat value. Also, this water quality treatment facility will create 0.16 acre of marsh habitat. Sites for Which Applications and CEQA Review Will Follow Certification of NTS EIR [Local Facility Sites 68 (PA 18) and 69A•E (PA 39 Multiple Basins)]: • kUk0)KUVRW0W0TkhWTe 4-011804A o 103 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Site 68 - PA 18 This NTS facility is located east of Laguna Canyon Road and the future intersection of Lake Forest Drive within Planning Area 39 and is currently being used for agricultural purposes. Vegetation within this site's general impact footprint consists primarily of southern needlegrass grassland (Category 4.3) over 1.08 acres and mule fat scrub (Category 7.3) over 0.03 acre. PA 18 is part of the Permanent impacts on southern needlegrass grassland would be less than significant due to the amount of habitat lost and the provision of needlegrass grasslands enhancement efforts in the Needlegrass Creek Conservation Area. Permanent impacts to mule fat scrub vegetation are considered significant because of the high habitat value of this vegetative resource. PA 18 is included in the Special Area Management Plan (SAMP) planning process which will address impacts and mitigation for losses to this and other riparian habitats. Therefore, impacts to this habitat resource would be reduced to a level of insignificance. Site 69A- PA 39 (Multiple Basins) This NTS facility is located just northeast of San Diego Creek in an overflow parking lot for Wild Rivers Theme Park within Planning Area 39. The vegetation within the site's impact footprint consists of ruderal (Category 4.6) over 0.04 acre, ornamental landscaping (Category 15.5) over 0.08 acre, disturbed (Category 16.1) over 1.14 acres, and developed (Category 15.1) over 0.28 acre. Permanent impacts to these vegetative resources are considered less than significant because of their low habitat value of this resource. Site 69B - PA 39 (Multiple Basins) This NTS facility is located northwest of San Diego Creek within the developed area of Wild Rivers Theme Park in Planning Area 39. Vegetation within this NTS site's general impact footprint consists primarily of developed (Category 15.1) over 1.53 acres. Permanent impacts to this vegetative resource are considered less than significant because of its low habitat value. Site 69C - PA 39 (Multiple Basins This NTS facility is located immediately adjacent to and east of San Diego Creek and south of the San Diego Freeway (1-405) in PA 39 in a portion of Wild Rivers Theme Park. Vegetation within this NTS site's general impact footprint consists primarily of ruderal (Category 4.6) over 1.12 acres. The facility is also immediately adjacent to areas containing willow riparian scrub vegetation (Category 7.2). Permanent impacts to the ruderal vegetative resources are considered less than significant because of low habitat value. Site 69D - PA 39 (Multiple Basins) This NTS facility is located immediately adjacent to and east of Laguna Reservoir and Laguna Canyon Road in PA 39. Vegetation within this NTS site's general impact footprint consists primarily of agriculture (Category 14.1) over 0.33 acre, disturbed (Category 16.1) over 0.32 acre, and ruderal (Category 4.6) over 0.31 acre. Permanent impacts to these vegetative resources are considered less than significant because of their low habitat value. Site 69E - PA 39 (Multiple Basins • The NTS facility is located in an area currently under agricultural use at the intersection of the 1-405 and Laguna Canyon Road (1-133). Vegetation within this NTS site's general impact footprint consists of annual grassland (Category 4.1) over 0.36 acre and southern needlegrass grassland (Category 4.3) over 0.47 acre. Impacts on these vegetative resources would be less RAPmleclsURW01Sio ToWNTS 4-011804.dw 104 Biological Resources Technical Study San Dlego Creek Watershed Natural Treatment System Draft than significant due to the amount of habitat lost, the provision of needlegrass grasslands • enhancement efforts in the Needlegrass Creek Conservation Area and the amount of similar habitat permanently protected In the Nature Reserve of Orange County Reserve System. 4.3.9 General Wildlife Impacts To assess potential Impacts of NTS Facilities construction, operations and maintenance on wildlife, the total impact on a specific vegetation type that provides habitat for wildlife was evaluated. Figures 3 through 33e illustrate the vegetation types (wildlife habitat) that would be Impacted from the construction of the proposed Regional and Local NTS Facilities. The following discussion of wildlife Impacts focuses on the common species occurring on the proposed NTS Facility sites. Impacts on special status wildlife species are discussed below: General Habitat Loss, Wildlife Loss, Wildlife Movement, and Habitat Fragmentation Construction of the proposed Regional and Local NTS facilities would result in the permanent loss of approximately 9.17 acres of sensitive habitat including 0.68 acre of needlegrass grassland, 0.25 acre of freshwater Swale, 0.81 of salt marsh, 6.34 acres of freshwater marsh, 1.06 acres of herbaceous riparian, 0.03 acre of mule fat, 0.14 acre of ephemeral stream and washes, and 65,05 acres of non -sensitive habitat including 3.33 acres of flood control basins, 0.15 acre of annual grasslands, 10.98 acres of ruderal, 0.26 acre of flood control channel, 0.33 acre of agriculture, 6.59 acres of Irrigated crop lands, 1.00 acre of orchards, 4.53 acres of nurseries, 0.30 acre of urban and commercial, 0.17 acre of transportation, 8.70 acres of ornamental landscaping, 15.00 acres of developed, and 13.71 acres of disturbed and barren habitats. Also, a total of 56.74 acres of freshwater marsh and herbaceous riparian habitat will be created as part of the implementation of the NTS program of which a portion may be temporarily impacted as part of the ongoing operation and maintenance of the NTS facilities. Removing or altering these habitats within the proposed NTS Facility sites could result in the loss of small mammals, reptiles, amphibians, and other wildlife of slow mobility that live in the direct Impact area of the proposed NTS Facilities. More mobile wildlife species would be forced to move into remaining adjacent areas of open space, consequently increasing competition for available resources in those areas. This situation could result in the loss of individuals that cannot successfully compete. However, direct Impacts of the proposed NTS Facilities would be considered less than significant because of the limited loss of high value habitats, with the majority of impacts occurring to low value, disturbed habitats. Additionally, Impacts on low and high value habitats would be considered less than significant because of the limited extent of habitat impacted by construction of the proposed NTS Facility sites In comparison to the amount of equivalent habitat available in the project region. The creation of approximately 56.74 acres of emergent marsh habitat resources through the implementation of the NTS Plan will provide significant long-term conservation values that will benefit the tricolored blackbird as well as other sensitive and non -sensitive native plants and animal species. The water quality wetlands also improve water quality that will benefit the wildlife species that occur within the San Diego Creek watershed including Upper Newport Bay and associated State Upper Newport Bay Ecological Reserve that are part of the NCCP/HCP Reserve System. As previously noted, wildlife corridors link together areas of suitable wildlife habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates isolated "islands" of wildlife habitat. RAprojx1811RWDW1oTKONT5401=4.doo 105 ftk4lcel Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft In the absence of habitat linkages that allow movement to adjoining open space areas, various • studies have concluded that some wildlife species, especially the larger and more mobile mammals, will not likely persist over time in fragmented or isolated habitat areas because they prohibit the infusion of new individuals and genetic information. Corridors mitigate the effects of this fragmentation by 1) allowing animals to move between remaining habitats, thereby permitting depleted populations to be replenished and promoting genetic exchange; 2) providing escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic events, such as fire or disease that could result in population or local species extinction; and 3) serving as travel routes for individual animals as they move in their home ranges in search of food, water, mates, and other necessary resources. The NTS sites are located in a variety of areas that range from natural settings to highly urbanized areas. In their current condition, NTS sites, in and of themselves, generally do not function as a connection for two or more habitat patches that would otherwise be fragmented or isolated from one another. However, many of these sites are located within or adjacent to areas that do, or have the potential to, support water for short periods of time. The availability of water is important for wildlife in the vicinity of the NTS sites because it provides 1) foraging/drinking opportunities (even if temporary), 2) the potential to support riparian vegetation (considered a high wildlife value habitat), and 3) the potential to support a higher level of species diversity with the adjoining habitat types. Therefore, many of the NTS sites may support wildlife activities in support of local movement and use (i.e., foraging, denning) within the larger open space landscape in which the NTS sites are generally located. A number of the NTS sites are located within areas containing "wildlife corridor" conditions, as defined above. As open space areas in the vicinity of the NTS sites become further constrained is as fragmented as a result of urban development or construction of physical obstacles such as roads and highways, the remaining open space areas (including some of the NTS sites) would serve to maintain and enhance these wildlife corridors. The Central -Coastal Subregional NCCP/HCP provides sufficient mitigation to mitigate the impacts of all permitted development activities on connectivity and wildlife movement. The NCCP and the EIR/EIS establish that Reserve design, which is comprised of both Special Linkages and contiguous blocks of sensitive habitat, protects not only core habitat, but also biological connectivity, which assures wildlife movement, species dispersal and interchange, genetic exchange, and refuge from catastrophic events, such as major fires. See NCCP Sections 3.1, 3.2, 3.5, 3.6.3, 3.6.4, 4.4.1, 4.4.2; and EIR/EIS Sections 2.3, 5.2.2, 5.2.3, 5.2.4, 7.1.1. The NCCP and EIR/EIS further establish that the connections within the Reserve and provided by Special Linkages meet the requirements of the NCCP Act and NCCP Conservation Guidelines related to provision of corridors and linkages benefiting target species. See NCCP Section 8.2.3 and EIR/EIS Section 7.2.1. The EIR/EIS goes on to find that both the Coastal Subarea and the Central Subarea Reserve and Special Linkages provide connectivity functions that avoid impacts and enhance connectivity in both subregions. Specifically, the EIR/EIS finds that the connectivity commitments made by participating landowners serve as mitigation measures for impacts to animal movement of Identified Species within the subarea resulting from Planned Activities within development areas for both the Coastal subregion (see EIR/EIS Section 7.2.1.0 (p. 7-14)) and for the Central subregion (see EIR/EIS Section 7.2.1.0 (p. 7-23). The EIR/EIS also generally finds that all direct and indirect impacts to Identified Species are mitigated to a level of insignificance (see EIR/EIS Sections 8.3 • and 8.4, including p. 8-26 and 8-79). The IA captures this finding in a commitment from the agencies to participating landowners. The IA provides that local agencies, USFWS and CDFG may not ask for any further mitigation for direct or indirect impacts of Planned Activities to Identified Species. (See IA Sections 4.4.2(9), 8.1(b), 8.6(a), and 8.7(a).). Under the IA, indirect RAProlects11RWDI81oTechWT8 4-011804.dw 106 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System Dreg impacts of Planned Activities are interpreted to include impacts from Planned Activities to wildlife movement. • 4.3.2 Reolona/ and Local NTS Faclllty Special Status Plant Species Impacts To assess potential impacts on special status plant species, NTS sites containing potential habitat were identified. Potential habitat considers appropriate substrate and vegetation to support the species in question, as well as the known elevation range and geographic distribution of the species. Sites which have no potential to impact special status plant species have been excluded from the following discussion. Spring botanical surveys for special status plants in areas determined suitable for these species were conducted during the appropriate survey "window" for these species and the results included in this document. Existing Regional Sites (Sites 13, 39 and 46) NTS Site 13 (Rattlesnake Reservoir) and NTS Site 39 (Sand Canyon Reservoir) are existing reservoirs, and NTS Site 46 (San Joaquin Marsh Augmentation) Is an existing water quality treatment facility. No new construction is scheduled to occur within these NTS sites. NTS Sites 13 and 39 will continue to be operated and maintained as they have in past. Site 46 will continue to be operated as a water quality treatment facility with Increased water quality treatment. Therefore, no construction -related Impacts resulting from the implementation of the NTS Plan will occur. Sites with Final Approval by City Local Lead Agency and Construction or Under Construction Project Level CEQA Documentation Previously Completed [Sites 31, 49, 32 and 42 (Recently Constructed)]: These Local Facilities are water quality treatment wetlands designed to treat runoff from the PA 17 and PA 27 development projects in the City of Irvine. These NTS sites have been recently constructed. Impacts to special status plant species from construction of the water quality treatment wetlands were analyzed during the CEQA approval process for the PA 17 and PA 27 development projects (EIR State Clearinghouse Numbers [SCH No.] 2000021051 and 97071007, respectively) and found not to be significant. Site 16 — Trabuco Retardina Basin Site 16 is an existing flood control retarding basin which is routinely managed to remove silt and debris and vegetative resources. The Northern Sphere Area EIR for General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002, identifies the habitat type within this project site as "Agriculture." The EIR further Indicates that no sensitive species are present. Site 18 — Marshbum Retarding Basin Site 18 is an existing flood control retarding basin which is routinely managed through silt removal and subsequent vegetation disturbances. Northern Sphere Area EIR for General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on R wn1ewvmvotewTxhwrs4-011e0+.dx 107 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft June 4, 2002, identifies the habitat type within this project site as "Agriculture". The EIR further • indicates that no sensitive species are present. Site 22 — MCAS El Toro Aqua Chinon Lower Site 22 contains primarily ornamental landscaping. The Orange County Great Park EIR Volume 1 certified by the City of Irvine in February 2003, states that the project site is located within Planning Area 51, areas of the site that are developed or disturbed. The EIR further indicates that no listed or proposed endangered of threatened species were observed within PA 51 or 30 during the survey on September 7, 1999. Site 50 — MCAS El Toro Irvine Auto Center This NTS Site contains a vegetation type (irrigated crops) which provides no potential habitat for any state or federal special status wildlife species. The Orange County Great Park EIR Volume 1 certified by the City of Irvine in February 2003, states that the project site is located within Planning Area 30. The EIR (Page 5.9-15) includes a statement that "No federally -listed endangered wildlife species were observed within PA's 51 and 30 during surveys of the project site." The EIR states that Swainson's hawk (federal Threatened species) was observed within the project area during previous surveys and that agriculture fields provide low to moderate quality raptor foraging habitat (depending on the type of crop that is planted). However, this species is a rare migrant. The EIR further states that "Due to the proximity of the site to the large amount of additional raptor foraging grounds, including agricultural fields, open space, and the 39,000-acre NCCP habitat reserve, impacts to raptor foraging habitat are not considered significant'." • Site 51 — MCAS El Toro - Serrano • This NTS Site is located in PA 30 in an area designated by the Great Park Plan Wildlife Corridor Concept as "Core Zone." The facility area contains a vegetation type (irrigated crops) which provides potential foraging habitat for the Swainson's hawk, a federally -listed Threatened species. However, the Orange County Great Park EIR Volume 1 certified by the City of Irvine in February 2003 states that the loss of this foraging habitat would not be considered significant. In addition, the NTS facility would enhance the wildlife corridor by providing a water feature and habitat diversity. Site 52 — MCAS El Toro Bee Canyon This NTS Site is located with PA 51 and contains vegetation types (non-native grassland and ruderal) which provide potential moderate to high foraging habitat for raptors species including the Swainson's hawk. Swainson's hawk is listed as federally threatened. However, the Orange County Great Park EIR Volume 1 certified by the City of Irvine in February 2003 states that the loss of this foraging habitat would not be considered significant. Site 70A—Aqua Chinon Channel This NTS Site is located within an area used for agricultural production involving ongoing disturbances. No special status species were identified by the Northern Sphere EIR for the area of the project site. R:1ProJects%1RWnl810 TecMNTS 4-011804dx 108 Biological Resources Technical Study San Diego Creak Watershed Natural Treatment System Site 70H—Aqua Chinon Channel This NTS Site is located within an area used for agricultural production involving ongoing is disturbances. No special status species were identified by the Northern Sphere EIR for the area of the project site. Site 70C—Aqua Chinon Channel This NTS Site is located within an area used for agricultural production involving ongoing disturbances. No Special status species were identified by the Northern Sphere EIR for the area of the project site Site 71— PA 6 - Marshburn This NTS Site is located within an area used for agricultural production involving ongoing disturbances. No special status species were identified by the Northern Sphere EIR for the area of the project site Sites Addressed Only In NTS EIR (Regional Retrofit Sites 26, 27, 53, 54, 55, 56, 621 64 and 67): To assess potential impacts on special status plant species, proposed Regional Retrofit Facility sites containing potential habitat were Identified. The potential for presence of special status plant species habitat is based on the presence of substrate and vegetation to support the species in question, as well as the known elevation range and geographic distribution of the species. Sites which have no potential to impact special status plant species include 26, 27, 53, . 54, 56, and 67. Spring botanical surveys for special status plants species conducted during the appropriate survey "window" would be necessary to determine their presence or absence at individual NTS sites that were determined to contain suitable habitat to support these species. Spring surveys to definitively determine presence or absence of special status plants Gould not be conducted in 2002 because of Inadequate annual rainfall; however, potential habitat has been identified based upon other factors (suitable substrate and vegetation). This analysis Identified Sites 62 and 64 as having the potential to support special status plant species and is discussed below. Site 62 — San Joaquin Marsh SAMS 1 This NTS Site contains vegetation types that provide potential habitat for one CNPS List I plant species: southern tarpiant. If present, impacts on this species may be considered significant. Implementation of mitigation measure MM-13I0-5 would reduce potential Impacts to southern tarplant to a level considered less than significant. In addition, the creation of emergent marsh habitat resources together with the implementation of the habitat enhancement plan for this site involving salt water marsh, freshwater marsh and coastal sage scrub planting provide an opportunity to salvage this plant species mitigate for any impacts to this species. The enhancement will also provide significant long-term conservation values that will benefit the tricolored blackbird, as well as other sensitive and non -sensitive native plants and wildlife species. Site 64— West Park in -Line Basin is This NTS Site contains vegetation types that provide potential habitat for one CNPS List I plant species: southern tarpiant. If present, impacts on this species may be considered RAPm*isVRWD010 TechWTe 4.011e04.dx 109 atologlcal Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft significant Implementation of mitigation measure MM-131O-5 would reduce potential impacts to • southern tarplant to a level considered less than significant. In addition, the creation of emergent marsh habitat resources together with the implementation of the habitat enhancement plan for this site involving salt water marsh, freshwater marsh and coastal sage scrub planting provide an opportunity to salvage this plant species mitigate for any impacts to this species. The enhancement plan will provide significant long-term conservation values that will benefit the tricolored blackbird, as well as other sensitive and non -sensitive native plants and wildlife species. Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior to Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR (Sites 9, 10, 11, 12A-G and 61): Site 9 — PA 1 Eastfoot Retarding Basin Site 9 is an existing agricultural area used for planting row crops such as strawberries and tomatoes.' No special status species are likely to occur based on the type of habitat and levels of disturbance associated with agricultural production. Therefore, no impacts to special status plant species will occur. Site 10 — Eastfoot Upper Site 10 is an existing orchard surrounded by other agricultural uses. No special status species are likely to occur based on the type of habitat and levels of disturbance associated with agricultural production. Therefore, no impacts to special status plant species will occur. • Site 11— PA 1 Orchard Estates Retarding Basin Site 11 is an existing flood control retarding basin that is routinely maintained including silt and debris removal and vegetation control to maintain the integrity and levels of safety for the dam. Based on the type and levels of disturbance to maintain this facility, impacts to special status species are not expected to occur. Sites 12A-12G Lower Orchard Estates (Multiple Basins) Sites 12A through 12G are currently under agricultural use as orchards or irrigated row crops. No special status species are likely to occur based on the type of habitat and levels of disturbance associated with agricultural production. Therefore, no impacts to special status plant species will occur. Site 61 Eastfoot Lower Site 61 is also currently in agricultural use. No special status species are likely to occur based on the type of habitat and levels of disturbance associated with agricultural production. Therefore, no impacts to special status plant species will occur. Sites for Which Applications and CEQA Review Will Follow Certification of NTS EIR (Sites 68 and 69A-E): • Site 68 — PA 18 This NTS Site contains vegetation types which provide potential habitat for one federal Species of Concern (southern tarplant) and two CNPS List I species (mesa horkelia and decumbent R.1ProjectsllRM810 TeWNTS 4-011804 doc 110 Biological Resources Technical Study, San Diego Creek Watershed Natural Treatment System Draft goldenbush). Surveys conducted by Dudek and Associates in the spring of 2002 determined that no special status plant species are present within the area proposed for this NTS facility. Therefore, impacts on these species are not expected to occur. Site 69A — PA 39 (Multiple Basins) This NTS Site is located within a developed area currently used as overflow parking for the adjacent theme park. The ruderal vegetation together with the on -going maintenance of this area would not provide potential habitat for any known special status species. Also, surveys conducted by Dudek and Associates in the spring of 2002, determined that no special status plant species are present within the area proposed for the NTS facility. Therefore, impacts to special status plant species would not likely occur. Site 69B PA 39 (Multiple Basins) This NTS Site is a portion of a developed area in the Wild Rivers theme park. The vegetation is primarily ornamental landscaping and receives on -going maintenance and would not provide potential habitat for any known special status species. Also, surveys conducted by Dudek and Associates in the Spring of 2002, determined that no special status plant species are present within the area proposed for the NTS facility. Therefore, impacts to special status plant species would not likely occur. Site 69C — PA 39 (Multiple Basins) This NTS Site is a portion of a developed area the Wild Rivers theme park. The vegetation is primarily ruderal and ornamental landscaping that regularly maintained and would not provide • potential habitat for any known special status species. Also, surveys conducted by Dudek and associates in the spring of 2002, determined that no special status plant species are present within the area proposed for the NTS facility. Therefore, impacts to special status plant species would not likely occur. Site 69D — PA 39 (Multiple Basins) This NTS Site is located immediately adjacent to the northern end of Laguna Reservoir within an area under agricultural production. A portion of the sites occurs within an agricultural drainage facility which may contain wetland plant species. Also, surveys conducted by Dudek and Associates in the Spring of 2002, determined that no special status plant species are present within the area proposed for the NTS facility. Therefore, impacts to special status plant species are not likely to occur. Site 69E — PA 39 (Multiple Basins) This NTS Site is located southwest of the intersection of the San Diego Freeway and Laguna Canyon Road in areas containing southern needlegrass grassland and ruderal habitat. The area is used for agricultural production and therefore would not likely provide suitable habitat for special status plant species. Surveys conducted by Dudek and Associates in the Spring of 2002, determined that no species status plant species are present within the area proposed for the NTS facility. Therefore, impacts to special status plant species are not expected to occur. 4.3.3 Renlonal and Local Facility Special Status Wildlife Species Impacts • Future implementation of some NTS Facilities may result in impacts on special status wildlife species. Previously completed focused surveys for special status wildlife species on the NTS RAProjodsuRWo'9loTechWTe 4-e11804.doe 111 Blolpgical Resources Technical Study San Diego Creek Watershed Natural Treatment System facility sites are summarized in the following discussion. While previous surveys may indicate • whether an NTS Facility site has been used historically by a special status wildlife species, they do not conclusively indicate current presence or absence on the site. Sites for which construction of the proposed NTS Facilities has no potential impact to special status wildlife species are noted in the following discussion. Existing Regional Sites (Sites 13, 39 and 46): No construction is proposed within these existing regional facilities. Therefore, no impact to special status wildlife species will occur. Sites with Final Approval by City Local Lead Agency That Are Constructed — Project Level CEQA Documentation Previously Completed (Sites 31, 32, 42 and 49): These NTS facilities are constructed or under construction. Impacts associated with the construction of these water quality treatment wetlands were analyzed during the CEQA approval process for the PA 17 and PA 27 development projects (EIR State Clearinghouse Numbers [SCH No.] 2000021051 and 97071007, respectively). Sites with Final Approval by City Local Lead Agency and Not Constructed — Project Level CEQA Documentation Previously Certified (Sites 16, 18, 22, 50, 51, 52, 70A, 70B, 70C and 71): Sites 16 (Trabuco Retarding Basin) and Site 18 (Marshburn Retarding Basin • These facilities are existing flood control retarding basins that undergo routine maintenance to remove silt and debris as well as vegetative resources that threaten the function of the flood control facility and the integrity of the dam structures. The vegetation types in and around this facility are identified by the Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002, as "agriculture". In addition, the EIR stated that no state- and/or federally -listed species were observed or have the potential to occur at these site locations. Therefore, construction of these NTS Facilities would not impact special status wildlife species. Sites 22, 50, 51 and 52 — El Toro MCAS These NTS sites are located within the areas containing ornamental plantings or agricultural uses such as irrigated crops. The Orange County Great Park EIR Volume 1 certified by the City of Irvine in February 2003, states that the project site is located within Planning Area 30. The EIR (Page 5.9-15) includes a statement that "No federally -listed endangered wildlife species were observed within PAS 51 and 30 during surveys of the project site." The EIR states that Swainson's hawk (federal Threatened species) was observed within the project area during previous surveys and that agricultural fields provide low to moderate quality,raptor foraging habitat (depending on the type of crop that is planted). The EIR further states that "Due to the proximity of the site to the large amount of additional raptor foraging grounds, including agricultural fields, open space, and the 39,000-acre NCCP habitat reserve, impacts to raptor foraging habitat are not considered significant." Therefore, construction of these NTS Facilities would not impact special status wildlife species. • Sites 70A. 70B and 70C — PA 6 Aqua Chinon Channel (Multiple Basins) These Local Facility Sites are located along Agua Chinon Channel. The vegetation types in and around this facility are identified by the Northern Sphere Area General Plan and Zone Change R.TrojeMt IRWMBIoTechWTS4-011804doe 112 ,Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002, as "agriculture:' In addition, the EIR stated that no state- and/or federally -listed species were observed or have the potential to occur at these site locations. Therefore, construction of these NTS Facilities would not impact special status wildlife species. Site 71 — PA 6 - Marshburn This NTS Site is located at the intersection of Irvine Avenue and SR-133. The vegetation types in and around this facility is identified by the Northern Sphere Area General Plan and Zone Change Final Volume 1 EIR (SCH No. 2011051010) certified by the City of Irvine on June 4, 2002, as "Agriculture." In addition, the EIR stated that no state- and/or federally-Ilsted species were observed or have the potential to occur at these site locations. Therefore, construction of these NTS Facilities would not impact special status wildlife species is not expects to occur. Sites Addressed Only In NTS EIR (Regional Retrofit Sites 26, 27, 53, 54, 55, 56, 62, 64 and 67): Construction of these NTS Sites may result In impacts on special status wildlife species. Previously completed focused surveys for special status wildlife species on the NTS sites are summarized in the following discussion. While previous surveys may indicate whether an NTS site has been used historically by a special status wildlife species, they do not conclusively indicate current presence or absence on the site. Construction of the proposed NTS Sites 53, 54, 55, and 67 would not Impact special status wildlife species because appropriate habitat for these species is not present. Therefore, these sites are excluded from the following impact discussion. Site 26 — Woodbridge In -Line Basins This NTS Site contains potentially suitable habitat for the two -striped garter snake and the south coast garter snake; however, the potential for occurrence of each of these species Is very low. These species are considered to be Species of Concern by the CDFG and are not state- nor federally -listed as Threatened or Endangered. If present, impacts on these species would be considered adverse, but less than significant due to the availability and size of similar habitat in the project region relative to the small area impacted by the proposed NTS facility. The creation of emergent marsh habitat resources at this NTS Site will provide significant long-term conservation values that will benefit the two -striped garter snake and the south coast garter snake as well as other sensitive and non -sensitive native plants and animal species. The water quality wetlands would also Improve water quality that will benefit the wildlife species that occur within the San Diego Creek Watershed, Including Peters Canyon Reservoir and Upper Newport Bay and associated State Upper Newport Bay Ecological Reserve that are part of the NCCP/HCP Reserve System. If present, construction impacts to these species would therefore not be considered significant. Site 27 — Barranca Off -Line Wetlands • This NTS Site is a wetland mitigation area. The site contains newly created black willow riparian forest and willow riparian scrub habitat which was Installed as part of the development of the site. Proposed minor adjustments to the inlet riser at the site to extend retention would achieve some additional pollutant removals as well as enhance the long-term conservation values of the entire mitigation site through the creation of emergent wetland habitat which will • significantly improve habitat structural and diversity. R."*Ct2VRWalabTechWT84011804.dw 113 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft The site contains potentially suitable habitat for the two -striped garter snake, south coast garter • snake, burrowing owl, yellow -breasted chat, pallid bat, California mastiff bat, and Yuma myotis. The potential for occurrence of these species within the NTS Site is considered to be low to moderate. All of these species are considered to be Species of Special Concern by the CDFG. The burrowing owl, California mastiff bat, and Yuma myotis are also considered Species of Concern by the USFWS. If present, construction impacts on the two -striped garter snake, coast range newt, yellow -breasted chat, pallid bat, California mastiff bat, and Yuma myotis would be considered adverse, but less than significant due to the availability and size of similar habitat in the project region relative to the small area impacted by the proposed facility. The creation of emergent marsh habitat resources will provide significant long-term conservation values that will benefit these species. Site 27 also contains potential habitat for the state- and federally -listed Endangered southwestern willow flycatcher and least Bell's vireo. These species have a low potential to occur in the willow riparian scrub, mule fat scrub, and black willow riparian forest within and immediately adjacent to NTS Site 27. The southwestern willow flycatcher and least Bell's vireo are also addressed in the NCCP/HCP, and associated IA and EIR/EIS 553, as Identified Species that are covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 the IA. Therefore, as a result of their low potential to occur, together with compliance with the provisions of the Operation and Maintenance Plan (PDF-BIO-2), which requires site assessment by a qualified biologist prior to any construction activities that could potentially interfere with breeding behavior of these species, the minimal construction activities to install the elevated riser would be considered less than significant. Site 56 — El Modena Park • This NTS Site contains potentially suitable foraging and nesting habitat for the Cooper's hawk. Section 3503.5 of the California Fish and Game Code states that it is unlawful to take, possess, or destroy any birds -of -prey or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. Therefore, removal of habitat containing nesting Cooper's hawks would be considered a significant impact. Implementation, of MM-BIO-01, MM-BIO-02, and PDFs contained in the Master Plan, which requires site assessment by a qualified biologist prior to any construction activities, would reduce potential construction impacts to this species to less than significant levels. Additionally, completion of the constructed wetlands at this NTS Site would create a net beneficial impact for this species by expanding the existing foraging and nesting habitat at Site 56. Site 62 — San Joaquin Marsh SAMS 1 This NTS Site contains potentially suitable habitat for the California brackish water snail, burrowing owl, northern harrier, light-footed clapper rail, and California least tern. The potential for occurrence of these species is considered to be low. However, the light-footed clapper rail and California least tern are all listed as Endangered by USFWS and/or CDFG. Habitat suitable for tricolored blackbird nesting and breeding also occurs within the site. If present, impacts on these species would be considered significant. However, implementation of MM-BIO-01 would avoid or reduce potential impacts to these species to,a level considered less than significant. Also, potential exists for the presence of the southwestern willow flycatcher and the least Bell's vireo, both of which are state and federal Endangered species. No direct construction impacts • to habitat suitable for the vireo or the flycatcher will occur. Additionally, the southwestern willow flycatcher and least Bell's vireo will be fully mitigated pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as Identified Species that are covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 of the IA. R 1PmJects\1RW0lBIo Tech1NTS 4-011804 dm 114 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft California Fish and Game Code 3505.5 states that it is unlawful to take, possess or destroy any • birds -of -prey or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto. Any construction activity that would significantly impair breeding and nesting behavior of raptors (e.g., burrowing owls) would be considered a significant impact. Implementation of mitigation measure MM-BIO-2 would reduce potential Impacts from disturbance of nesting raptors to a level considered less than significant. If present, impacts on the California brackish water snail would be considered adverse, but less than significant due to the availability and size of similar habitat In the project region relative to the small area impacted by the proposed NTS Facility. Site 64 —West Park In -Line Basins This NTS Site contains potentially suitable habitat for the Pallid bat (State Species of Special Concern), California mastiff bat (State and federal Species of Special Concern), and Yuma myofis bat (federal Species of Special Concern). These species are hot state- or federally -listed as Threatened/Endangered and the potential for occurrence of these species Is considered to be very low. If present, impacts on these species would be considered adverse, but less than significant due to the availability and size of similar habitat in the project region relative to the small area impacted by the proposed facility. Sites for Which Applications Will Likely be Filed and CEQA Review Pending Prior to Completion of NTS CEQA Review, and Concurrent Project Level Review in NTS EIR (Sites 9,10,11,12A-G and 61): Site 9 — PA 1 Eastfoot Retardina Basin The vegetation within this NTS Site includes Irrigated crops and ornamental landscaping. The • irrigated crops do not provide habitat suitable for any known special status animal species. However, the eucalyptus windrow (ornamental landscaping) would provide potential nesting habitat for a State Species of Special Concern (Cooper's hawk). If present, impacts on nesting Cooper's hawks may be considered significant. Implementation of MM-BIO-2 would reduce potential construction impacts to Cooper's hawk to a level considered less than significant. Site 10 — Eastfoot Upper The vegetation within this NTS Site includes orchard agriculture uses. This agricultural use does not provide habitat suitable for any known special status animal species. However, the adjacent eucalyptus windrow (ornamental landscaping) would provide potential nesting habitat for a State Species of Special Concern (Cooper's hawk). If present, impacts on nesting Cooper's hawks may be considered significant. Implementation of MM-13I0-2 would reduce potential construction impacts to Cooper's hawk to a level considered less than significant. Site 11— PA 1 Orchard Estates Retardina Basin This NTS Site contains vegetation types which provide potential habitat for one federal Species of Concern/State Species of Special Concern (burrowing owl), and one State Species of Special Concern (Cooper's hawk). Impacts on nesting Cooper's hawk and burrowing owl may be considered significant. Implementation of MM-BIO-3 would reduce potential construction impacts to Cooper's hawk to a level considered less than significant. • R:NmJectsugwbUoTechWrs 4011e04.doo 115 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft Site 12A-12G PA 1 Lower Orchard Estates • This NTS Site contains a vegetation type (orchard) which does not provide potential habitat for any special status wildlife species, and therefore, loss of this habitat is not significant. However, the adjacent eucalyptus windrow (ornamental landscaping) would provide potential nesting habitat for a State Species of Special Concern (Cooper's hawk). If present, impacts on nesting Cooper's hawks may be considered significant. Implementation of MM-BIO-02 would reduce potential construction impacts to Cooper's hawk to a level considered less than significant. Site 61 — PA 1 Eastfoot Lower This NTS Site contains a vegetation type (orchard) which provides no potential habitat for any state or federal special status wildlife species, therefore, loss of this habitat is not significant. However, the adjacent eucalyptus windrow (ornamental landscaping) would provide potential nesting habitat for a State Species of Special Concern (Coopers hawk). If present, impacts on nesting Cooper's hawks may be considered significant. Implementation of MM-13I0-2 would reduce potential construction impacts to Cooper's hawk to a level considered less than significant. Sites for Which Applications and CEQA Review Will Follow Certification of NTS EIR (Sites 68 and 69A-E): Site 68 — PA 18 Surveys conducted in September 2000 (Dudek & Associates) detected the presence of the San • Diego coast horned lizard in the vicinity of Site 68. Additionally, a golden -eagle (a State Species of Special Concern and a CDFG Fully Protected species) was observed foraging in the vicinity of the proposed facility site. Impacts to the golden eagle would not be considered significant since the site is in close proximity to the large amount of additional raptor foraging grounds, including agricultural fields, open space, and the 39,000-acre NCCP habitat reserve. The San Diego coast horned lizard will be fully mitigated pursuant to the program level coverage in the NCCP/HCP'EIR/EIS 553, as Identified Species that is fully covered as set forth in Section 8.3.2 the IA. Construction of the proposed NTS facility would result in the loss of suitable foraging habitat for a variety of raptor species, including the golden eagle. The loss of foraging habitat would cumulatively contribute to the ongoing regional and local loss of foraging habitat for raptor species. This is considered an adverse, but not significant impact, because a relatively substantial amount of similar foraging habitat is available in the adjacent project region. The golden eagle will be fully mitigated pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that is covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 the IA. Site 69A — PA 39 This NTS Site is located in an overflow parking lot for Wild Riversandthe Verizon Amphitheater containing ruderal and ornamental landscaping which are vegetation types of low quality that provide no potential habitat for any special status species. Therefore, no significant effects on • special status wildlife species would occur. R:1Pro7eds11RWD1910 TechWTS 4-011804 doc 116 Biological Resources Technical Study San Diego Crook Watershed Natural Treatment System Draft Site 69B — PA 39 This NTS Site is located in the Wild Rivers amusement park development. The developed areas and ornamental landscaping provide no potential habitat for any special status wildlife species. Therefore, no significant effects on special status wildlife species would occur. Site 69C — PA 39 This NTS Site is located in the Wild Rivers amusement park development. The ruderal and ornamental landscaping provide no potential habitat for any special status wildlife species. Therefore, no significant effects on special status wildlife species would occur. Site 69D — PA 39 This NTS Site is located within an agricultural area just north of Laguna Reservoir. The irrigated vegetation provides some low -quality potential foraging habitat for raptor species. However, the project site is located in close proximity to areas within the NCCP Reserve system containing large amounts of foraging habitat. Therefore, no significant effects on special status wildlife species would occur. Site 69E — PA 39 This NTS Site Is located west of the interchange at San Diego Freeway (1-405) and Laguna Canyon Road (1-133) north of Laguna Reservoir. The vegetation type is ruderal and provides low -quality potential foraging habitat for raptor species. However, the project site is located in close proximity to areas within the NCCP Reserve system containing large amounts of • permanently protected foraging habitat. Therefore, no significant effects on special status wildlife species would occur. 4.4 MAINTENANCE AND OPERATION DIRECT IMPACTS Long-term operation and maintenance of these NTS Facilities will require on -going monitoring activities which would vary by facility design and location as described in Section 7 of the NTS Master Plan. The following discussion addresses potential Impacts on common and sensitive plant and wildlife species potentially occurring within the operating NTS Facilities from operations and maintenance activities. Ongoing operations and maintenance activities are necessary to ensure that the facilities are providing water quality treatment at optimal levels. The types of operations and maintenance activities described in the NTS Plan are divided Into routine, major, emergency, episodic basin and habitat reconfiguration, and spills of hazardous materials categories. Early in the process of site selection, certain attributes were determined to be common among sites, including the type of habitat present, sensitive species present within and/or adjacent to the site, and the effects of Initial construction and long-term operations and maintenance activities on these resources. Section 7 of the NTS Master Plan identifies the habitat sensitivity designations assigned to each NTS Site based on biological resources considerations. An assessment of the potential effects of operations and maintenance activities on common, special status plant species, non-native plant species, native wildlife species, special status wildlife species, and non-native wildlife species present at the NTS Sites is summarized below: The NTS Master Plan identifies the general operation and maintenance activities associated . with eight types of water quality treatment wetlands based on the type of basin proposed and any special circumstances associated with the respective basin: FM00cbVRWMW0 TechWia 4-018044= 117 Biological Re50arces Technical Study San Diego Creek Watershed Natural Treatment System Draft 1. Special Purpose Basins — basins typically constructed in non -wetlands areas to serve . solely as structural stormwater quality BMPs within new communities; 2. Detention Basins with Pumping Equipment — water quality wetlands constructed within existing or future flood control basins; the underlying public agency landowners use them for flood control purposes; pumps are required to lift the water into and/or out of the basin; 3. Detention Basins without Pumping Equipment — same as Group 3, but no need for pumps; 4. Existing IRWD Facilities — existing reservoirs (Sand Canyon and Rattlesnake Reservoirs) and an existing marsh (San Joaquin Marsh) that will continue to be operated with existing activities and measures, in accordance with existing permits; no changes to those O&M activities or measures are recommended; 5. In -Channel Basins —basins constructed• within existing, engineered flood control channels; Barranca Off -Line Basin (Site 27) — an existing habitat mitigation area owned, operated and maintained by the City of Irvine under existing agreements and permits; no changes to the City's O&M activities or measures are recommended; San Joaquin Marsh — SAMS 1 — a basin constructed on disturbed land area adjacent to an existing habitat mitigation site (Small Area Mitigation Site 1); southerly of and across Campus Drive from IRWD's main San Joaquin Marsh, adjacent to the University of California Natural Reserve System (UCNRS) parcel; and • 8. Cienega (Cienega de las Ranas)Selenium Removal Facility — the Cienega de ]as Ranas basin (Site 67), a subterranean, submerged basin constructed with the specific purpose of removing selenium from San Diego Creek and Peters Canyon Wash There are three categories of O&M activities: routine, major, and emergency summarized as follows: Routine operation and maintenance activities include: Site inspection; water quality testing; water level control; trash and debris removal; pump/valve inspection; adjustment and maintenance; irrigation system inspection and adjustment; inlet/outlet inspection and maintenance; weir installation and removal; minor vegetation maintenance and snag removal; minor sediment removal; integrated pest/plant management; mosquito fish stocking/Bti application; and intermittent flooding/drying. Maior Operation and Maintenance Activities include: Structural modifications; pump/valve removal and replacement; major vegetation removal and planting; and major sediment removals. Ememencv Operation and Maintenance Activities include: On occasion, there may be a need to perform any of the operation and maintenance activities in order to protect human life or property. This is especially true for any facilities located within flood control channels and retention basin facilities. In such cases, IRWD will take reasonable measures in notifying regulatory agencies of the work, but of primary importance is the protection of public safety. Due to the unpredictable nature of emergencies, IRWD and any responding agencies will employ the use of as many people and as much equipment of any type as is necessary to adequately respond to the emergency and protect person and property. R 1Pm*ts11RW01e10 T"M1NT54-011004 ooc 118 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Episodic Basin/Habitat Reconfigurations include: Watercourses and wetland/riparian areas are dynamic and are constantly changing due to dramatic swings in runoff flows from storm events. In dry years, vegetation frequently dies back. However, when more water Is available, the vegetation may expand as a result of this increased availability. When severe flooding occurs, vegetation may be washed away and NTS facilities may be altered. While it Is Intended that NTS basins will be maintained to conform to plans and procedures, there may be occasions when IRWD will need to adapt its practices to adjust to episodic changes in the basins. Also, IRWD cannot be responsible for incidental damages to habitat or species as a result of such episodes. Spills of Hazardous Materials: Accidental spills of hazardous materials such as fuels, other petroleum hydrocarbons, or other materials could potentially flow into the storm drain system, where they may come into contact with NTS facilities. IRWD does not regulate the source control of hazardous materials or the storm drain systems. The emergency response to accidental spills is the responsibility of the County and cities. However, basins that contain NTS facilities may inadvertently receive hazardous materials from accidental spills and could potentially be used to detain hazardous spills for clean up to reduce downstream impacts. Any NTS facility that Is exposed to hazardous materials will be tested and evaluated, and will be repaired as necessary. The costs for testing and repairs will be applied to appropriate parties to the extent practical. The RWQCB, health care agencies, law enforcement, fire officials, city/county official, or other responsible agencies will be notified as appropriate. To assist in avoiding and/or minimizing the effects on sensitive plant and wildlife species during ongoing operation and maintenance of the NTS facilities to insure that each facility operates at optimal levels in achievement of the water quality treatment objectives identified in the Master . Plan, IRWD has developed a habitat sensitivity designation for each site, A-C, "A" being the most sensitive and "C" being the least sensitive. These habitat sensitivity designations are based on three factors: 1) presence of sensitive habitat existing prior to construction of the facility on or adjacent to the site, 2) presence of sensitive habitat after the construction of the facility within or adjacent to the site; and 3) presence of special status plant or wildlife species prior and after construction. Existing IRWD facilities Site 39 (Sand Canyon Reservoir), Site 13 (Rattlesnake Reservoir) and Site 46 (San Joaquin Marsh — Augmentation) are already being operated and maintained under existing agreements and permits. No changes to the 0&M activities and measures for these sites are proposed. Therefore, they are excluded from further discussion in this O&M section. These habitat sensitivity designations are summarized as follows: Habitat Designation "A": Site contains: 1) existing sensitive habitat on or adjacent to NTS facility; 2) sensitive habitat on or adjacent to NTS facility; and 3) species present or potentially present prior to and after construction. Sites with this designation include: San Joaquin Marsh—SAMS 1 (62). Impacts associated with routine, major, and emergency O&M activities avoided and/or minimized to the greatest extent practicable using the following Project Design Features (PDFs): ■ Ongoing awareness — An IRWD staff biologist, familiar with local habitat issues, will be involved with ongoing routine operation and maintenance of the NTS sites and will be able to recognize sensitive species that are observed within the sites during routine work at the R.IFrogcle➢awnlW1oTechW Sa.ouetxt.dw 119 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • sites. Routine activities that may harm the species or disturb an avian species during nesting season will be avoided within an appropriate distance of the species. ■ Advance site assessment — Before major operation and maintenance activities are performed, the IRWD staff biologist will inspect the NTS site to determine if sensitive species are present. • Site survey/consultation — If the IRWD staff biologist is not certain as to the presence/ absence of sensitive species, an independent, qualified specialist will be consulted and/or will be requested to perform a survey of the site to determine whether sensitive species are present. If sensitive species are present, then the qualified specialist will be asked to make appropriate recommendations to minimize the effects of the activity. • Nesting season avoidance — At Designation A sites, no significant flooding/drying, sediment or vegetation removal, or major construction activities will be performed during the breeding and nesting season. ■ SAMS 1 Site Coordination — Relative to the SAMS 1 site, IRWD staff will notify UCNRS staff in advance of major maintenance work to allow coordination of the work and preparation that may be needed to minimize or avoid impacts of that work on adjacent UCNRS property. The proposed preliminary design for the SAMS 1 Facility also includes a gravity drainage outlet to provide treated water to the UCNRS. Water will be only supplied to UCNRS upon request. Habitat Desionation "B": Site contains: 1) no existing habitat is present on site; existing grassland in proximity to selected sites; or, existing flowing flood control channel with little or no vegetation; 2) grassland or scrub planted onsite; grassland, riparian fringe and/or scrub in proximity to site; or, vegetated flood control channel; and 3) no species present prior to construction; species • potentially present after construction. Sites with this designation include: PA 1 Eastfoot Retarding Basin (9), PA 1 Eastfoot Upper (10), PA 1 Orchard Estates Retarding Basin (11), PA 1 Lower Orchard Estates (12A-G), Trabuco Retarding Basin (16), Marshburn Retarding Basin (18), Woodbridge In -Line Basins (26), PA 17 West Basin (31), PA 17 East Basin (32), PA 27 Turtle Ridge North (42), PA 17 Center Basin (49), Santa Ana/Santa Fe In -Line Basins (55), El Modena Park (56), PA 1 Eastfoot Lower (61), Westpark In -Line Basins (64), PA 18 (68), PA 39 Multiple Basins (69A-E), PA 6 Agua Chinon Multiple Basins (70A-C), and PA 6 Marshburn (71). Impacts associated with routine, major, and emergency O&M activities avoided and/or minimized to the greatest extent practicable using the following minimization measures: Ongoing awareness — An IRWD staff biologist, familiar with local habitat issues, will be involved with ongoing routine operation and maintenance of the NTS sites and will be able to recognize sensitive species that are observed within the sites during routine work at the sites. • Advance site assessment — Before major operation and maintenance activities are performed, the IRWD staff biologist will inspect the NTS site to determine if sensitive species • are present. R1ProJects11RW016.o TechWTS 4-011804.ex 120 Biological Resources Technical Study San Diego Creek Watershed Natural rieatment System Draft ■ Nesting season avoidance — At Designation B sites, no significant flooding/drying, sediment • or vegetation removal, or major construction activities will be performed during the breeding and nesting season, if species of concern are present. If they are not present, such activities may be performed during that period. Habitat Designation "C": Site contains: 1) no existing habitat onsite or in proximity; 2) emergent marsh vegetation only; or turf overlaying Site 67 (Cienega Site); and 3) no special status species present prior to construction; little or no likelihood of species present after construction Sites with this designation Include: MCAS El Toro-Agua Chinon Lower (22), MCAS El Toro - Irvine Auto Center (50), MCAS El Toro -Serrano (51), MCAS El Toro -Bee Canyon (52), Caltrans SR-133/1-5 Interchange (53), Caitrans SR-261/Walnut Avenue (54), and Cienega-selenium (67). Impacts associated with routine, major, and emergency O&M activities avoided and/or minimized to the greatest extent practicable using the following minimization measures: Ongoing awareness — An IRWD staff biologist, familiar with local habitat issues, will be involved with ongoing routine operation and maintenance of the NTS sites and will be able to recognize sensitive species that are observed within the sites during routine work at the sites. Routine activities that may harm the species or disturb an avian species during nesting season will be avoided within an appropriate distance of the species, if they are determined to be present. ■ Advance site assessment — Before major operation and maintenance activities are performed, the IRWD staff biologist will inspect the NTS site to determine if sensitive species are present. If such species are present, then reasonable measures will be taken to prevent take of the species. As part of its operation of NTS, IRWD uses the services of a biologist on an ongoing basis. The qualifications of that biologist, whether an IRWD staff member or contract consultant, are described below. The IRWD biologist must have a basic understanding of biology, ecology, botany, natural resources and wildlife management. The biologist should have knowledge of the sensitive and non -sensitive habitats and special status plant and wildlife species that are known to occur or have the potential to occur within the San Diego Creek Watershed, especially in and around the Irvine Ranch Water District San Diego Creek Watershed Natural Treatment Systems water quality treatment facility sites. The IRWD biologist should also possess the following skills: ■ Strong field skills with the ability to perform vegetation/habitat assessments, plant species surveys, wildlife surveys Including surveys for state- and/or federally -listed plant and wildlife species. • A general understanding of the natural treatment system water quality treatment operation and maintenance (O&M) and the ability to quickly assess biological resource conditions and prescribe the appropriate measures to avoid and/or minimize the potential effects of routine, major or emergency O&M activities on sensitive habitats, plant and wildlife species. ■ A working knowledge of pertinent environmental regulations including California . Environmental Quality Act, National Environmental Policy Act, Section 404, Section 401, Fish and Game Code Section 1600, the state and federal Endangered Species Acts, and R.WmleMVRWM81oTeohWTS 4-011604.doc 121 Biological Resources Technical study San Diego Creek Watershed Natural Treatment System Draft • the Central Coastal Subregional Natural Community Conservation Planning/Habitat Conservation Plan (NCCP/HCP) program requirements. • Experience in identifying and resolving state and federal regulatory agency issues/conflicts that may result from the potential effects of on -going O&M activities on resources under their jurisdiction such as jurisdictional wetlands or listed plant or wildlife species. . An understanding of the principles of adaptive management which involves regular review of O&M activities monitoring reports with respect to the presence of sensitive plant or wildlife species, the types of O&M activities undertaken, the effects of these activities on these species, and measures taken to avoid and/or minimize the effects of these activities on these species. The measures may include modifications to the facility design and/or one or more of the O&M activities. This adaptive management process would continue and changes made to O&M activities as necessary and practicable to avoid and/or minimize the effects of these activities on sensitive species. • Experience in habitat creation, restoration and enhancement including the identification and treatment/management of exotic invasive plant and/or wildlife species. Experience in managing biologists, restoration ecologists, or other biological resource technicians that may be contracted to assist the wildlife biologist/resource management specialist in the completion of surveys, monitoring site conditions, preparation of reports, plans or programs, or other biological services as required in the performance of his or her duties. • From time to time, the IRWD biologist may desire or need the assistance of a qualified specialist in any of the above areas of expertise/experience. The IRWD biologist will consider any findings or recommendations by the qualified specialist when taking actions, making decisions or writing reports. Some operation and maintenance activities require that special measures be taken to ensure that the activities have minimal impact on surrounding sensitive habitat at some sites. For example, these "project design features," or PDFs, will include avoidance of the breeding and nesting seasons for special status species at selected sites and the principles of adaptive management for operation and maintenance activities. The operation and maintenance PDFs for each sensitivity designation are generally described in Section 2.8 of the Revised Draft EIR and Section 7 of the Master Plan. As already stated above, existing IRWD facilities (Sand Canyon and Rattlesnake Reservoirs and San Joaquin Marsh — Augmentation) are already being operated and maintained under existing agreements and permits. No changes to the O&M activities and measures for these sites are proposed. Thus, they are excluded from further discussion in this O&M section. In addition, Site 27, the Barranca Off -Line Wetland, is an existing facility owned and operated by the City of Irvine. The only proposed change to the site is the addition of an extended detention outlet tower that will slow the draining of the basin after small storms. Thus, no changes to the O&M activities and measures for this site are proposed and the site is excluded from further discussion in this O&M section. • Due to the proximity of Site 62, San Joaquin Marsh — SAMS 1, to the UCNRS marsh site, IRWD will confer with UCNRS on proposed O&M activities and measures. This will be a topic of discussion when IRWD confers with UCNRS regarding design of Site 62. R.1ProlecWRWDleio TechWTS 4-011804AM 122 Biological Resources Technical Study San Dlego Creek Watershed Natural Treatment System Type 1 Facilities — Off -Line Water Quality Treatment Wetland Facilities • Off-line water quality treatment Wetland facilities receive diverted flows from existing streams into water quality treatment wetlands constructed on vacant lands adjacent or in close proximity to stream channels. In all cases, suspended solids in diverted flows would accumulate in the NTS Facilities and removal of sediment and vegetation would be necessary. Off-line facilities are designed to treat low flows that are diverted into a shallow water area with emergent vegetation (cattails and bulrushes) and deeper water areas that are designed to slow water velocity and trap sediments. In most cases, a fraction of the adjacent streamflow would be diverted into the created wetland, but in some cases, a portion or all of the Influent would come from local storm drains. These Type I facilities are primarily designed to treat low flows, but in some cases, they will receive runoff from smaller storms. During detention of storm runoff the water depth will be about three to four feet above the normal water depth, inundating the wetland vegetation. The outlet structures will be designed to detain the storm runoff for a period of approximately 36 to 48 hours. 4.4.1 NTS Facility Plant Habitat The proposed NTS Facilities would create freshwater seasonal and permanent marshes dominated by emergent aquatic vegetation (cattails and bulrushes). Accumulation of peat and a consistent external source of water would provide habitat for opportunistic establishment of wetland plants, the seeds of which may reach the NTS Facility sites and propagate. A list of plant species with potential to occur within the individual NTS sites has been compiled based on records of species known to occur at freshwater marsh habitat in the project region. The following paragraphs describe the types of plant species expected to colonize the operating NTS Facilities upon establishment of appropriate marsh habitat conditions. • Native Plant Species Native plant species are emphasized within the treatment facility marshes and adjacent upland areas. Emergent plants such as cattails and bulrushes, and hydrophytic (submerged) plants such as ruppia are proposed within the marshes. Shrub species such as coyote brush, Mexican elderberry, mule fat, California blackberry, California rose, mugwort, sedges, and rushes are proposed along areas adjacent to marsh habitat and bordering adjacent upland habitats. In urban areas, upland border vegetation would be composed of an understory of buckwheat, yarrow, Hayes Iva, coyote brush, rosemary, toyon, ceanothus, and evergreen current; and trees such as western sycamore and coast live oak. Airborne and waterborne seeds of native wetland plant species may also be -transported Into the NTS watland facilities and become established. Common wetland plant species known to occur In the project region with potential to occur within operating NTS Facilities include: San Bernardino aster (Aster bernardinus); bur -marigold (Bidens laevis); hedge bindweed (Calystegia sepium); burhead (Echinodorus berteroo; false daisy (Eclipta prostrate); bent spikerush (Eleocharfs geniculata); western goldenrod (Euthamia occidentalfs); marsh pennywort (Hydrocotyle umbellate); false pimpernel (Lindemia dubla); knotgrass (Paspalum distichum); lanceleaf fogfruit (Phyla lanceolata), marsh fleabane (Pluchea odorata); Gambel's yellowcress (Rorippa gambellli); golden dock (Rumex maritimus); ditch grass (Ruppia cirrhosa); wigeon grass (Ruppia maritime); common tule (Scirpus acutus var. occidentalis); American tule (Scirpus americanus); California tule (Scirpus californicus); annual tule (Scirpus cernurus); keeled bulrush (Scirpus koilolepis); bull tule (Scirpus robustus); American great bulrush (Scirpus • tabernaemontani); sand spurry (Spergularia macrotheca); narrowleaf cattail (Typha angustifolia); southern cattail (Typha domingensis); broadleaf cattail (Typha latifolia); and American speedwell (Veronica americana). a:wro*tA1AWDWWTecnwre 4-011ee/ doe 123 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • Maintenance activities in the NTS Facilities would result in the repeated, temporary disturbance of a portion of the 66.74 acres of created freshwater marsh and herbaceous riparian wetland vegetation for Regional and Local Facilities. Wetland vegetation would be replanted immediately following disturbance. However, the net increases in habitat acreages and long- term net conservation values will offset these temporary impacts. Therefore, impacts on plant species by maintenance activities are considered less than significant. On November 7, 2002, representatives of BonTerra Consulting and Harmsworth Associates met with representatives of resources agencies, including Jonathan Snyder of the U.S. Fish and Wildlife Service, Brad Henderson of the California Department of Fish and Game and Jae Chung of the U.S. Army Corps of Engineers, to review a proposed list of species that were determined to have the potential to occur within certain NTS facilities once the facilities have been constructed and are being operated and maintained by IRWD. Based on this meeting and subsequent discussions the resources agencies determined that no plant species would obtain long-term conservation values from the creation of wetlands habitat within the NTS program. Non-native Invasive Plant Species Airborne and waterborne seeds of non-native plant species may also be transported into the wetland facilities and become established. Non-native plant species include invasive species that can displace natives and disrupt natural habitats. Widespread invasive wetland plants with potential to occur within the operating NTS Facility marshes include: giant reed (Arundo donax); water hyacinth (Eichhornia crassipes); pepperweed (Lepidium latifolium); pennyroyal (Mentha pulegium); myoporum (Myoporum laetum); Eurasian watermilfoil (Myriophyllum spicatum); castor bean (Ricinus communis); Himalayan blackberry (Rubus discolor); and salt cedar • (Tamarix spp.). Widespread invasive upland species with potential to occur within the border areas of operating NTS Facilities include: Australian saltbush (Atriplex semibaccata); African mustard (Brassica tournefortil); iceplant (Carpobrotus edulis); Andean pampas grass (Cortaderia jubata); pampas grass (Cortaderia selloana); artichoke thistle (Cynara cardunculus); Scotch broom (Cytisus scoparius); wild fennel (Foeniculum vulgare); and fountain grass (Pennisetum setaceum). • Establishment of non-native, invasive plant species could result in a significant biological impact if they were allowed to remain in the NTS Facilities because of the project's potential facilitation of the growth and distribution of these species. However, implementation of PDFs concerning the on -going management of non-native, invasive species would reduce potential invasive plant species impacts to a level considered less than significant. 4.4.2 NTS Facility Wildlife Habitat The establishment of NTS water quality wetlands may provide habitat for a number of wildlife species that do not naturally occur within existing habitat at the proposed NTS Facilities. Wildlife species that could potentially occur include wildlife typically associated with wetland and riparian habitats. A list of wildlife species with potential to occur on the individual NTS sites has been compiled based on records of species observed at existing NTS Facilities (Site 46, San Joaquin Marsh), and habitat requirements of species known to occur in the project region. Wildlife species with potential to occur on the NTS Facility sites are shown on Table 14 and discussed in the following paragraphs. RVmJmtsIIRWDleio TechWPS 4-011804Acc 124 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Revised DraREIR TABLE 14 WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES NTS Sites with Amphibian Species Potential Common Name Scientific Name for Occurrence Habitat Listing Status' NCCP black -bellied slender Satrachoseps nigriventris 13 Oak woodlands, chaparral, grasslands Not Listed C salamander western toad Bufo boreas All sites Ponds, creeks, streams, woodlands, Not Listed NC grasslands westerns adefoot toad Scaphlopus hammondi 13 Oak woodland, chaparral, grasslands SOC, SSC C bullfrog Rana cetosbeiana All sites Ponds, lakes, creeks, streams, marshes Not Listed NC Pacific tree-fmq Hyfa regilla All sites Ponds, lakes, creeks, streams, marshes Not Listed NC NTS Sites with Reptile Species Potwdial Common Name Scientific Name for Occurrence Habitat Listing Statusl western pond turtle Clemmys marmorata pallida 46-and 39 Ponds, rivers, streams SOC, SSCtP NC red -eared slider Pseudemys scri to All sites Ponds, lakes, creeks, streams, marshes Not Listed NC San Diego coast homed Phrynosoma coronatum 13 and 39 Sandy washes, coastal sage sub. scrub, SOC, SSCIP Cr lizard blainvillei chaparral side -blotched f"rzard Lila stansburiana 13, 27, 39, 46, 53, 56, Sandy washes, coastal sage scrub, Not Listed NC and 64 chaparral, woodlands western skink Eumeces skiltonlanus 13 Grasslands, chaparral, woodlands Not Listed NC southern alligator lizard EI aria multicarinatus 13 and 27 Grasslands, chaparral. woodlands Not Listed NC coastal westem whi tail Cnemidophorus ti ris ti ds 13, 46, 56, 64, and 39 Coastal sage scrub, chaparral. grasslands Not Listed NC Belding's orange -throated Cnemidophorus hypeiythrus 13, 39, 53, 56, and 64 Coastal sage scrub, chaparral SSCIP C whi tail beldrn i coastal rosy boa Lichanurn trivigala roseofusca 13 and 39 Rocky coastal sage scrub and chaparral SOC C western yellow -bellied Coluberconsbictormomron 13 and 27 Open chaparral, grasslands, woodlands Not Listed NC racer coachwhip Masticophis flagellum 13, 39, 46, and 64 Coastal sage scrub, chaparral, grasslands, Not Listed NC woodlands ca Feedd erall (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Ttxeatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected • Non-native species z Western spadefoottoad has regulatory coverage in coastal subarea only RWD'SioT«hrnsaoneame 6 BkftkatResources Technical�y • • San Diego Creek Watershed Natural Treatment Sy Revised Draft EIR TABLE 14 (Continued) WlLnLIFF SPECIES WITH POTENTIAL TO OCCUR ONAL RETROFIT AND EXISTING REGIONAL FACILITIES -'NTS Sites with Potential for bccurrence . _ Habitat Listing Status NCCP 13 and 39 Coastal sage scrub, chaparral Not Listed NC 13, 39, and 46 Coastal sage scrub, chaparral, woodlands Not Listed NC 13 Grasslands, chaparral, woodlands Not Listed NC 13 Grasslands, chaparral, woodlands Not listed C 13, 39, 46, 56, and 64 Coastal sage scrub, chaparral, grasslands, Not Listed NC woodlands 13 Chaparral, woodlands Not Listed NC 13, 27, and 39 Rocky washes, coastal sage scrub, Not Listed NC chaparral, grasslands, woodlands 13 Coastal sage scrub, chaparral, grasslands, SSC NC pinyon -juniper woodlands 13,-27, 31, 39, 42, 46, Moist, chaparral, grasslands, woodlands, SSC NC 49, and 62 marshes 13, 26, 27, 42, 46, and Creeks, streams, riparian forest SSC/P NC 62 13 and 39 Coastal sage scrub, chaparral, grasslands, Not Listed NC woodlands 13 and 39 Rocky coastal sage scrub and chaparral SSC C NCCP Designation C Covered CC Conditionally Covered rdangered NC Not Covered neatened :oncem ad a only NTS•Sites With'' Poteittiai' Jf6f bacurrehae : hestin ':Habitat "-_, • Listin •status "NCCP All sites Water Floatin Nests Not listed NC 13, 39, 46, and 62 Water(Floating Nests Not listed NC 13, 39, 46, and 62 Water(Floating Nests Not listed NC 46,62 Reeds SOC, SSC NC 13, 39, 46, and 62 Reeds SOC, SSC NC 126 Biological Resources San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES Breading Bird Species Common Nam* Bird SWISS Scientific Name NTS Sites with Potential for Occurrence Nesting Habitat Usti Status' NCCP teen heron Butorides virescens 13, 39, 46, 62 Ground, Brush, Trees Not listed NG white-faced ibis Ple adis chihi 46 and 62 Marsh, Ground SOC, SSC NC adwall Anas stre ra 46and 62 Ground Not listed NC mallard Anas plalynhynchos All sites Ground Notlisted NC blue -winged teal Anas discors 46 and 62 Ground Not listed NC cinnamon teal Anas cyanopterb 46 and 62 Ground Not listed NC northern pintail Anas acuta 46 and 62 Ground Not listed NC redhead Aythya americans 46 and 62 Ground Notlisted NC ruddy duck Ox ura lemaidensis 13, 39, 46 and 62 Ground Not listed NC northern hanier Circus cyaneus 16,18, 46 and 62 Ground SSC C California uail Call' a la califomica 13, 39, 46, and 62 Ground Not listed NG I' ht-footed clapperraff Ratlus JcMkwtds obsoletus 46 and-62 Ground FE, SE/FP NC Virginia rail Rallus lirnkola 46 and 62 Ground Not listed NG Sara Porzana canna 46 and 62 Ground Not listed NG common moorhen Gallinula chkwqqtts All sites Ground Not -listed NC American coot Fulica americana All sites Ground Not listed NC killdeer Charadrius vociferus All sites Ground Not listed NC black -necked stilt Himantopusmxfcanus 46 and 62 Ground Not listed NC American avocet Recurvirostra amercana 46 and 62 Ground Not listed NC s tted sandpiper Actilis macularia 46 and 62 Gound Not listed NC t.eeend Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed'Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concem P Protected FP Fully Protected Non-native species Z Western spadefoot. toad has regtgatory coverage to coastal subarea only n wopnsvaWaeioTKhwrS"118W dx 127 BWogkal Resources Technical: P-4 • • 0 San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES Breeding Bird Species H burrowing owl Athena cuniculada ��a 90 I Ground, Burrows I SOC, SSC I NC 11 marsh wren Cistothorus palustris 46 and fire Marsh (Suspended Nests Not listed NC common yellowthroat Geothlypis trichas All sites Low in Grasses/Weeds Not listed NC larks arrow Chondestes grammacus 13 and 39 Ground, low brush or trees SOC NC son sparrow Melos iza melodia All sites Ground Not listed NC blue grosbeak Guiraca caerulea All sites Low in Weeds/Bushes Not listed NC red -winged blackbird A elaius phoeniceus All sites Suspended Nests in Cattails/Reeds Not listed NC Breeding — 31, 46, 49, tricolored blackbird Agelaius tricolor 61, and 62 Foraging only —all Marsh vegetation SOC, SSC NC others western meadowlark Sturnella ne lecta 13, 391-54, 62, and 64 Ground Not listed NC Brewer's blackbird Eu ha us c anoce halus All sites Ground, Bushes, Trees Not listed NC teat -tailed grackle Quiscalus mexicanus All sites Suspended Nests in Cattails/Reeds Not listed NC orange bishop" Eu lectes franciscanus All sites Suspended Nests in Cattails/Reeds Not listed NC NTS Sites With Foraging Bird Species ..otedil. , I . Common Name ' Bird Secies.ScientificMame -for Occurrence _ _ Fora in Habitat Listing •Statusr , NCCP American white pelican Pelecanus erythrorhynchos 13, 39, 46, and 62 Open Water SSC NC brown pelican Pelecanus occidentalis 46 and 62 Open Water SSC NC double -crested cormorant Phalacrocorax auritus 13, 39, 46, and 62 O en Water SSC NC teat blue heron Ardea herodias All sites Open Water, Mudflats, Marsh, Grassland Not listed NC teat egret Ardea alba All sites Open Water, Mudflats, Marsh, Grassland Not listed NC snowy egret E reta thula All sites Open Water, Mudflats, Marsh SOC NC cattle egret Bubulcus ibis 13, 39, 46, and 62 Marsh, Grassland Not listed NC Legend Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected " Non-native species z Westerns adefoot toad has regulatory coverage in coastal subarea only R.13mjeMVRWDleioTechWTS 4-011604.doo 128 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Revised DraftEIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES NTS Sites with Foraging Bird Species Potential Common Name Bird 3 iesScientificName for Occurrence Foraging Habitat Listing Status' NCCP black -crowned night- heron Nyc9corax nycUcorax All sites Open Water, Mudflats, Marsh Not listed NC Canada goose Branta canadensis 13, 39, 46, and 62 Open Water. Mudflats, Marsh Notlisted NC American wigeon Anas amedcana All sites Open Water. Mudflats, Marsh, Grassland Notlisted NC northern shoveler Anas clypeata All sites Water. Mudflats, Marsh Not listed NC green -winged teal Anas crecca All sites Open Water. Mudflats. Marsh Not listed NC ringfiecked duck Aythya collads 13.39.46. and 62 Open Water Not listed NC lesserscaup Aythya a8fnis 13, 39. 46, and 62 Open Water Not listed NG bufilehead Sucephala albecla 13.39.46. and 62 Open Water Notlisted NG hooded merganser Lophodytes cucullatus 13.39.46, and 62 Open Water Not listed NC osprey Pandion hafiaetus 13. 39, 46, and 62 Open Water SSG NC white-tailed kite Elanus leucurus 13, 39, 54, 62, and 64 Coastal sage scrub, Grasslands, Marsh SOCiFP NC sharp -shinned hawk Accipiterstdatus All sites Riparian scrub and woodlands, Coastal SSG NC sage scrub, Chaparral Cooper's hawk Accipitercoopedi 9, 13, 39, 42, 46, 56, Riparian scrub and woodlands, Coastal SSG NC 61. and 62 sage scrub, Chaparral red -shouldered hawk Buteo fineatus All sites Riparian scrub and woodlands, Grassland, Not listed C Urban red-tailed hawk Buteo jamalcensis All sites Riparian scrub and woodlands, Grasslands, Not listed NC Coastal sage scrub, Marsh, Urban American kestrel Falco sparvedus All sites Grasslands, Coastal sage scrub, Marsh, Not fisted NC Urban merlin Falco columbadus 13. 39.46. 55, and 62 Grasslands, Marsh SSC NC peregrine falcon Falco re dnus 39, 46. 55, and 62 Grasslands, Marsh SEIFP C rairie falcon Falco mexicanus 13.39.46, 55, and 62 I Grasslands, Marsh I SSC CC teaend Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered "PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected Non-native species r Western spadefoot toad has regulatory coverage In coastal subarea only a. mvrrawT«hwrs�wnaa.dW 29 BlologkalResources Technical Study • • San Diego Creek Watershed Natural Treatment TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES Foraging Bird Species Common Name Bird Species Scientific Name NTS Sites with. Potential for Occurrence Foraging Habitat Listing Status' NCCP black -bellied plover Pluvialfs s uatarola 46 and 62 Marsh, Agricultural Not listed NC snowy lover Charadrius alexandrinus 46 and 62 Sandy flats, Mudflats FT, SSC _ NC rester yellowlegs Triri a melarioleuca All sites Open water, Marsh, Mudflats Not listed NC lesser yellowlegs Trio a flavi es All sites Open water, Marsh, Mudflats Not listed NC solitary sandier Trin a solltaiia All sites Open water, Marsh, Mudflats Not listed NC willet Cato tro horus semi almatus 46 and 62 Open water, Marsh, Mudflats Not listed NC whimbrel Numenius phaeopus 46 and 62 Open water, Marsh, Mudflats Not listed NC long -billed curlew Numenius americans 46 and 62 Open water, Marsh, Mudflats Not listed NC marbled godwit Limosa fedoa 46 and 62 Open water, Marsh, Mudflats Not listed NC western sandier Calidris mauti All sites Open water, Marsh, Mudflats Not listed NC least sandier Calidris minutilla All sites Open water, Marsh, Mudflats Not listed NC dunlin Calidris al ina 46, 62 -Open water, Marsh, Mudflats Not listed NC short -billed dowitcher Limnodromus gdseus All sites -O en water, Marsh, Mudflats Not listed NC long -billed dowitcher Limnodromus scolo aceus All sites Open water, Marsh, Mudflats Not listed NC Wilson's phalarope Phalaropus tricolor 62, 14, 16, 18, 39, 46, Open water, Marsh, Mudflats Not listed NC red -necked phalarope Phalaro us lobatus 13, 39, 46, and 62 Open water, Marsh, Mudflats _ Not listed NC Bona arte's gull Larus philadelphla 13, 39, 46, and 62 Open water, Marsh, Mudflats Not listed NC California gull Larus califomicus 13, 39, 46, and 62 Open water, Marsh, Mudflats Not listed NC western gull Larus occidentahs 46 and 62 Open water, Marshes, Mudflats Not listed NC Caspian tern Sterna cas is 13, 39, 46, and 62 0 en water, Marshes, Mudflats Not listed NC Forster stem Sterna forsteri 13, 39, 46, and 62 Open water, Marshes, Mudflats 1 Not listed NC least tem Sterna antillarum 39, 46, and 62 Open water, Marshes, Mudflats FE, SE, FP NC black skimmer R ncho s ni er 46 and 62 Open water, Marshes, Mudflats I SSC NC rock pigeon** Columba livia All sites Urban I Not listed NC Legend Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected ' Non-nalivespecies 2 Western spadefoot toad has regulatory coverage in coastal subarea only R.1Prokctsuawo1ebTechwrs4-011804.doc " 130 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Revised Draft E!R TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES HTS Sites with Foraging Bird Species Potential Common Name Bird S les Scientific Name for Occurrence Foraging Habitat Listing -Status NCCP mouming dove Zenaida macroura All sites Grasslands, Riparian scrub and woodland, Notlisted NC Urban, Agricultural common ground -dove Columbina passerina All sites Riparian scrub and woodland, Agricultural, Not listed NO Urban greater roadrunner Geococcyx californianus 13, 39, 46, and 62 Riparian scrub, Coastal sage scrub, Not listed NC Grasslands barn owl Tyto alba All sites Riparian scrub and woodland, Agricultural, Not listed NC great homed owl Bubo virginianus All sites Riparian scrub and woodland, Coastal sage Not listed NG scrub, Agricultural, Urban Vaux's swift Chaetura vauxi All sites Aerial foraging SOC, SSC NC white -throated swift Aeronautes saxetalis All sites Aerial foraging Not listed NC black -chinned Archilochus alexandri All sites Riparian scrub and woodlands, Urban Not listed NC hummingbird Anna's hurnmmqbird Cal to anna Ali sites Riparian scrub and woodland, Urban Not listed NC Costa's hummingbird Cal to costae All sites Riparian scrub, Coastal sage scrub SOC NG rufous hummingbird Sela hors rufus All sites Migrant - multiple habitats Not listed NC Aden's hurnafingbird Seta horns sasin All sites Riparian scrub and woodland, Urban SOC NC olive -sided flycatcher Cont us coopefi All sites _ Migrant - multiple habitats SOC NG western wood -pewee Conto0ussordidulus All sites Migrant -multile habitats Not listed NG southwestern willow Empidonax trailrrf 13, 2T, 39, 46, and 62 Riparian woodland FEISE NC flycatcher I Pacik-slope flycatcher Empidonax difficil s AN sites Migrant -multi habitats SOC NC black phoebe Sayomis nigrirans All sites Riparian scrub and woodland, Marsh. Not listed NC Agricultural, Urban Says phoebe Sairomis $eye 13, 39, 46, 53, 54, 56, 62, and 64 Grasslands, sparse shrublands Not listed NC Leaand Federal (USFWS) State(CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Corditionaily Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected Non-nativespecies 2 Westerns adefoot toad has regulatory coverage in coastal subarea only nt4RWMMOTxhwrs"IIS (Aoc 16 Biological Resources Tectinloa dy • • • San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR 'MMINi 77zl:7_itl`.[rP.3*6 MZE14:3#i3619Ir_l:l»4&Ad1K4:4;Ce3M`J_l111y_TdINktit cliff swallow Petrochelidon joyrrhonota All sites Aerial foraging Not listed NC barn swallow Hirundo rustica All sites Aerial foraging Not listed NC_ bushtit Psaltriparus minimus All sites Riparian scrub and woodland, Oak Not listed NC woodland, Chaparral, Urban Bewick's wren Thiyomanes bewickii 13, 27, 39, 46, 53, 56, Riparian scrub and woodlands, Oak Not listed NC and 64 woodland, Chaparral, Coastal sa a scrub house wren Troglodytes aedon All sites Riparian scrub and woodlands, Oak Not listed NC woodland, Chaparral, Urban ruby -crowned kinglet Regulus calendula All sites Migrant - multiple habitats Not listed NC blue -gray natcatcher Polio tila caerulea All sites Migrant - multiple habitats Not listed NC Swainson's thrush Catharus ustulatus All sites Migrant - multiple habitats Not listed NC hermit thrush Catharus guttatus All sites Migrant , multiple habitats Not listed NC northern mockingbird Mimus polyglottos All sites Coastal sage scrub, chapparal, woodlands, Not listed NC suburban _Leend Fedeeral (USFWS) State (CDFG) NCCP Designation Federal FE -Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered FIFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected Non-native species ' Western spadefoot toad has regulatory coverage in coastal subarea only R 1Projects'JRWOX8io TeohwTS 4-011804 dw 132 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES NTS Sites with Mammal Species Potential Common Name SclentHic Name for Occurrence Habitat Listing Status NCCP Virginia opossum' Didelphis virginiana All sites Woodlands, coastal sage scrub, chaparral, Not Listed NC marsh, urban omate shrew Sorex amatus All sites Woodlands, chaparral, grassland, emergent Not Listed NC wetland desert shrew Notiosorex crawfordi 13 and 39 Coastal sage scrub, cactus scrub Not Listed NC broad -footed mole Scapanus latimanus 13. 39, 46, and 62 Riparian, orchard, chaparral Not Listed NC pallid bat Antroms palldus 13. 27, 39, and 46 Grasslands, shrublands, woodlands SSC NC big brown bat E tesicus fuscus 13,27.39.46. and 64 Grasslands, shrublands, woodlands Not Listed NC western red bat Lasiunrs blimeviN 13, 27, 39, 46. and 64 Woodlands, shrublands, forest edges Not Listed NC hoary bat Lasiurus cinereus 27,13.39.46. and 64 Woodlands, shrutdands, forest edges Not Listed NC California myotis s califomicus 13.27, 39, and 46 Woodlands and chaparral nearwater Not Listed NC eastern small -footed hWs Ieibii 13, 27, 39, 46, and 64 Woodlands and forest edges near water Not Listed NC Myotis Yuma MYOUS Myotis yumanensfs All sites Ponds, streams, lakes SOC NC western pipistrelle Pipistrellus hespems 63, 27, 39, 46, 53, and Brushlands, grasslands, woodlands Not Listed NC California mastiff bat Eumops perotis 13, 27, 39. and 46 Coastal sage scrub, grasslands, rocky SOC,SSC NC canyons Brazilian free -tailed bat Tadadda brasiliensis 13, 27, 39, 46, 53, 62, Woodlands, shrublands, grasslands, and Not Listed NC and 64 forest edges desert cottontail Sylvilagus audubonn 13, 27, 39. 46,53, 62, Grasslands, woodlands, shmblands, open Not Listed NC 64, and 68 forest black -tailed jackrabbit Lepus californkus 13, 39, 46, 64, 53, 54, Open shrublands, herbaceous areas, open Not Listed NC 39, and 62 1 chaparral Legend Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP R ty Protected Non-native species f Western =defoottoad has regulatory coverage in coastal subarea only F- RwDSOTecMNrs40IMkdw 16 Biokgk:alResources Technk:al�dy San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES NTS Sites with Mammal Species Potential Common Name Scientific Name for Occurrence Habitat -Listing Status NCCP Botta's pocket gopher Thomomys bottae 13 and 27 Perennial meadows, grasslands, riparian Not Listed NC forests California grandsquirrel S ermo hilus beeche i All sites All habitats Not Listed NC California pocket mouse Chaetodi us californicus 13, 39, 46, and 64 Coastal sage scrub, chaparral, grasslands Not Listed NC San Diego pocket mouse Chaetodi us fallax 13, 39, 46, and64Coastal sage scrub, chaparral, grasslands Not Listed NC California vole Microtus californicus 13 Grasslands Not Listed NC house mouse Mus musculus All sites Urban, agricultural, grasslands Not Listed NC dusky -footed woodrat Neotoma fusci es 13 and 27 Woodlands, chaparral Not Listed NC San Diego desert woodrat Neotoma le ida intermedia 13. 39, 46, 64, and 68 Chaparral, coastal sage scrub SSC C California mouse Perom scus californicus 13, 39, and 46 Woodlands, chaparral, coastal sage scrub Not Listed NC cactus mouse Perom scus eremicus 13, 39, and 46 Chaparral, coastal sage scrub Not Listed NC deer mouse Peromyscus maniculatus All sites Woodlands, chaparral, coastal sage scrub, Not Listed NC grasslands, marsh, riparian black rat' Rattus rattus All sites Urban, a ricultural, marsh, riparian Not Listed NC western harvest mouse Reithrodontom s me alotis 13, 39, 46, 56, and 64 Chaparral, coastal sage scrub, grasslands Not Listed NC coyote Canis latrens 11, 13, 27, 39, 46, 62, Chaparral, coastal sage scrub, woodlands, Not Listed C and 64 riparian gray fox Urocyon cinereoargenteus 13, 27, 39, 46, 62, and Chaparral, coastal sage scrub, riparian, C 64 woodlands common raccoon Procyon lotor All sites Chaparral, coastal sage scrub, riparian, Not Listed NC woodlands, marsh, urban kunk Mephitis mephitis 27, 13, 39, 46, 54, 62, Coastal sage scrub, chaparral, riparian, Not Listed NC 64, and 68 woodlands, urban ed weasel pAmeNcan Mustela frenata 13, 27, 39, 46, 53, 56, Woodlands, chaparral, coastal sage scrub, Not Listed NC and 64 riparian badger Taxidea taxus 11, 13, and 39 Coastal sage scrub, cha arral Not Listed NC (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened cc Conditionally Covered FIFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected ' Non-native species Westerns adefoot toad has regulatory coverage In coastal subarea only R WmjectsVRW O1eio TechWTS "11804 ooc 134 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System Revised Draft EIR TABLE 14 (Continued) WILDLIFE SPECIES WITH POTENTIAL TO OCCUR WITHIN OPERATING REGIONAL RETROFIT AND EXISTING REGIONAL FACILITIES NTS Sites with Mammal Species Potential Common Name Sclentiftc Name for Occurrence Habitat Listing Status NCCP mountain lion Felis concolor 11 and 13 Woodlands, forests, coastal sage scrub, Not Listed NC chaparral, riparian bobcat Lynx rufus 11, 13. 39,0C 66, 70A 70B,and 7, Forests, woodlands, riparian, chaparral Not Listed NC mule deer Odocoileus hemlonus 11,13, and 39 Forests, woodlands, riparian, chaparral, Not Listed NC coastal sage scrub Leaand Federal (USFWS) State (CDFG) NCCP Designation FE Endangered SE Endangered C Covered FT Threatened ST Threatened CC Conditionally Covered PFE Proposed Endangered PSE Proposed Endangered NC Not Covered PFT Proposed Threatened PSE Proposed Threatened SOC Species of Concern SSC Species of Concern P Protected FP Fully Protected ' Non-nafivespecies : Western spadefoot toad has regulatory coverage in coastal subarea aril R.uNrotao T«nwrs4atlew.aa 13.5 Blologlcal Resources Technical Study San Diego Creek Watershed Natural Treatment System Draft • Native Wildlife Species Invertebrates Construction of the Type II (in -line) NTS Facilities would modify the hydrology of portions of San Diego Creek allowing water to pond behind permanent and temporary weirs. The presence of ponding water would not significantly alter the species composition of invertebrates within the creek. In general, the species expected to occur are tolerant of a range of conditions and would be expected to remain in the established wetlands. However, other species requiring ponded conditions would be expected to occur, including snails (Order Gastropoda), water bugs (Order Hemiptera [e.g., Gerris spp.]), and dragonflies (Order Odonata). Additionally, species of diving beetle (Dysticus spp.) and mosquito (Culex spp.) would be expected to proliferate in most of the created wetlands. Impacts on invertebrates would be considered less than significant because the species composition would not be dramatically changed. In addition, Type I facilities would provide additional habitat for aquatic invertebrate species. However, the creation of ponds would provide favorable breeding habitat for the mosquito, a disease -carrying nuisance species. The presence of favorable habitat may result in increased populations of mosquito in the vicinity of the NTS Facility sites. However, implementation of insect controls contained in Section 7 of the San Diego Creek NTS Master Plan would reduce impacts to a level considered less than significant. Fish • As indicated in Section 3.2.1, no native fish species are expected to occur in the NTS Facilities project area. Non-native fish species such as the mosquito fish, fathead minnow, red shiner, carp, green sunfish, largemouth bass, bullhead, bluegill, and threadfin shad already occur in the San Diego Creek and would be expected to occur in the NTS Facility wetlands. NTS Facility ponds will be stocked with mosquito fish to prevent breeding mosquito populations. Non-native fish species provide forage base for native vertebrates including reptiles, birds, and mammals. Impacts on fish species from operations and maintenance activities are considered less than significant due to the absence of native species. Amphibians Common amphibian species potentially occurring in the operating NTS Facilities include the California newt, Monterey salamander, arboreal salamander, black -bellied slender salamander, western toad, and Pacific tree frog. Impacts on these species from the operation ,and maintenance of the proposed NTS Facilities would be considered less than significant given the limited amount of habitat impacted by the proposed NTS Facilities relative to the amount of existing habitat for these species in the project region. Special status amphibian species potentially occurring in the operating NTS Facilities include one federal Species of Concern (coast range newt), and one federal Species of Concern/state Species of Special Concern/Protected species (western spadefoot toad). The spadefoot toad requires open water during the breeding season from January to May. This species is not expected to occur within the NTS Facilities from June to November when they occur primarily in the upland areas surrounding the facilities. If present, impacts on these species would be • considered adverse, but less than significant due to the availability of similar habitat in the region relative to the small area impacted by the proposed facility. RAProjeclsURWDlelo TechWTS 4-011804.doc 136 Biological Technical Report Study Son Diego Creek Watershed Natural Treatment System Draft Reptiles Common reptile species potentially occurring in the operating NTS Facilities include the side - blotched lizard, western skink, southern alligator lizard, coastal western whiptail, western yellow - bellied racer, coachwhip, long -nosed snake, common kingsnake, black -headed snake, San Bernardino ringneck snake, gopher snake, glossy snake, California lyre snake, California red - sided garter snake, and southern Pacific rattlesnake. With the exception of the red -sided garter snake, the above listed species are not expected to occur within established NTS Facility wetland areas that could receive regular maintenance activities (removal of vegetation and sediment). Therefore, impacts on these species from operation and maintenance of the proposed NTS Facilities would be considered less than significant given the limited amount of habitat impacted relative to the amount of existing habitat for these species In the project region. Special status reptile species potentially occurring in the operating NTS Facilities include two federal Species of Concern/state Species of Special Concern/Protected species (western pond turtle and San Diego coast horned lizard), one federal Species of Concern (rosy boa), two state Species of Special Concern/Protected species (orange -throated whiptail and two -striped garter snake), and two state Species of Special Concern (coast patch -nosed snake and northern red - diamond rattlesnake). Although these species have the potential to be present within the NTS Facility sites, most are not expected to occur within areas that would receive regular maintenance activities (removal of vegetation and sediment). Species potentially impacted by operations and maintenance procedures include the southwestern pond turtle and two -striped garter snake. Impacts on these species would be considered adverse, but less than significant due to the availability of similar habitat In the region relative to the small area impacted by the proposed NTS Facilities. Birds • The operating NTS Facilities would provide potential breeding habitat for approximately thirty- eight bird species and foraging habitat for approximately 78 bird species. Site 46 is an existing five cell water quality treatment wetland system containing approximately 45 acres of open water and 11 acres of wetland vegetation. The proposed NTS enhancement of the site would not physically alter the existing conditions but would increase the amount of inflow currently treated from seven cubic feet per second (cfs) to 10 cfs. Therefore, enhancement of this site would not result in direct impacts on vegetation and plants. No Impacts are anticipated. Therefore, impacts from operations and maintenance activities on common breeding birds covered by the Migratory Bird Treaty Act would be considered less than significant. Special status bird species potentially breeding on the operating NTS Facilities include one federally-listed/state-listed Endangered and federally -Protected species (light footed clapper rail), five federal Species of Concern/state Species of Special Concern (American bittern, least bittern, white-faced ibis, burrowing owl, and tricolored blackbird), and three state Species of Special Concern (northern harrier, horned lark, and lark sparrow). The light-footed clapper rail has a low potential to occur on Regional Retrofit Facility Sites 46 and 62 because of its preference for salt marsh habitat and regular occurrence in the upper Newport Back Bay. Implementation of PDFs involving site inspection by a qualified biologist prior to the mitigation of any O&M activity that includes habitat removal will reduce impacts to these species to less than significant. The American bittern, least bittern, and white-faced ibis have a low to moderate potential to occur on NTS Facilities. The potential for these species is highest on sites in close proximity to upper Newport Back Bay where they are known to occur regularly. The American bittern and white-faced ibis occur more frequently In brackish and salt marshes and have the potential to R.V WJednllRWoW10 TKhWTe 4-011604 dw 137 Biological Technical Report sfudy San Diego Creek Watershed Natural Treatment System Draft • occur on Regional Sites 46 and 62 because of the proximity of these sites to the upper Newport Back Bay. The least bittern occurs more frequently in freshwater marshes and may occur on sites located further inland, including Regional Facility Sites 13, 39, 46, and 62; and local Facility Sites 16, 18, and 46. Potential impacts to these species during the breeding season resulting from operation and maintenance activities would be considered significant. Implementation of MM-BIO-01 and PDFs, contained in Section 7 of the Master Plan involving site inspection by a qualified biologist prior to the mitigation of any O&M activity that includes habitat removal, will reduce impacts to these species to less than significant. The burrowing owl, northern harrier, horned lark, and lark sparrow have a low to moderate potential'to nest on NTS Facilities that are adjacent, or in close proximity to, grasslands. The burrowing owl has the potential to nest on Regional Facilities 13, 27, and 39; and local Facilities 6a-g, 11, 16, 18, 31, 47, 49, and 62. The northern harrier has the potential to occur on Regional Sites 46 and 62; and local Facilities 16 and 18. The horned lark has the potential to nest on Regional Facilities 13, 39, 54, and 64; and local Facilities 11, 16, 18, 32, 47, 49, 52, 61, and 62. The lark sparrow has the potential to nest on Regional Facilities 13 and 39; and local Facilities 9, 10, and 11. Potential impacts to these species during the breeding season resulting from operation and maintenance activities would be considered significant. On November 7, 2002, representatives of BonTerra Consulting and Harmsworth Associates met with representatives of the resources agencies, including Jonathan Snyder of the U.S. Fish and Wildlife Service, Brad Henderson of the California Department of Fish and Game and Jae Chung of the U.S. Army Corps of Engineers, to review a proposed list of species that were determined to have the potential to occur within certain NTS facilities once the facilities have been constructed and are being operated and maintained by IRWD. The resources agencies • reduced the list to include only those special status plant and animal species that would likely utilize emergent wetlands habitat for breeding or propagation and could potentially be impacted by the long-term operation and maintenance of the NTS facilities. Based on these discussions, it was determined that no special status plant species would obtain significant long-term conservation benefits from the creation of these facilities. It was also determined that only one wildlife species, the tricolored blackbird, would have the potential to be affected by ongoing operation and maintenance and would benefit from the 56.74 acres of additional emergent marsh wetlands habitat created by the NTS program. IRWD has agreed to process an amendment to the existing NCCP/HCP program to include these species under regulatory coverage. The tricolored blackbird has a low to moderate potential to occur on all NTS Facilities. However, this species has a high potential to occur on NTS Facility Sites located along the foothills that are adjacent, or in close proximity to,riparian woodlands and/or grasslands, including local Facility Sites 31, 46, 49 and 62. Potential impacts to this species during the breeding season resulting from operation and maintenance activities would be considered significant. Implementation of PDFs involving site inspection by a qualified biologist prior to the mitigation of any O&M activity that includes habitat removal will reduce impacts to these species to less than significant. NTS program could potentially increase the long-term conservation values for the tricolored blackbird through the creation of 56.74 acres of emergent marsh wetlands habitat in combination with existing grassland resources located within the facility, adjacent to the facility or within 1000 feet from the facility. An analysis prepared by BonTerra Consulting indicates that • approximately 4,928 acres of permanently protected grassland resources are located within 5km of the proposed NTS facilities that could be used by the tricolored blackbird for foraging. Permanently protected grassland resources were defined as those occurring within the NCCP R:\Projects11RMBloTech\NTS 4-011804.eoc 138 Biological Technical Report Study San Diego Creek Watershed Natural Treatment System Reserve System and Non -Reserve Open Space (see Table 15, Grassland Acreages within • 5km, and Figure 34, Grassland Analysis, in Appendix A). If willows are allowed to mature on the NTS Facility sites, they could provide potential habitat for the federally -listed Endangered southwestern willow flycatcher and federally-listed/state-listed Endangered least Bell's vireo. If nesting activity is allowed to occur on willows within NTS Facilities, removal of nesting habitat or disturbance of nesting activity would be considered a significant impact. Implementation of PDFs involving site inspection by a qualified biologist prior to the mitigation of any O&M activity that includes habitat removal will reduce impacts to these species to less than significant. Impacts to birds covered by the Migratory Bird Treaty Act associated with construction operation and maintenance will be reduced to a level considered less than significant through the implementation of the provision contained in Section 8.3.7 of the NCCP IA. Mammals The operating NTS Facility sites would provide denning/breeding habitat for approximately nineteen species and foraging habitat for approximately 37 species (see Table 14). Mammal species potentially donning on the margins of marsh vegetation (e.g., Virginia opossum, ornate shrew, house mouse, deer mouse, black rat, and common raccoon) may be Impacted by operations and maintenance activities. However, impacts on these species would be considered less than significant given their common status and the size of the project sites in relation to the range of these species In the project region. Special status mammal species potentially occurring on the NTS Facility sites include one • federal Species of Concern/state Species of Special Concern (California mastiff bat), one federal Species of Concern (Yuma myotis bat), and two state Species of Special Concern (pallid bat and San Diego desert woodrat). However, these species would not be expected to occur in areas impacted by operations and maintenance activities. Therefore, impacts on special status mammals would be considered less than significant. Non -Native Invasive Wildlife Species Although NTS Facilities would provide habitat for native wildlife species, they may also provide habitat for introduced species such as the bullfrog, African clawed frog, red -eared slider, yellow - bellied slider, and spiny softshell. The majority of these species do not represent a serious threat to native species. - However, bullfrogs have been strongly implicated in the decline of many native amphibians and aquatic reptiles (Jennings and Hayes 1994). They are an effective predator of amphibians and aquatic reptiles, including the federally -listed Threatened California red -legged frog (Rana aurora draoonfi), southwestern arroyo toad, southwestern pond turtle, and two -striped garter snake (Hayes and Jennings 1986; Sweet 1992). Bullfrog populations are not expected to proliferate in the NTS facilities that undergo complete draining at least once every three to four years (in -line facilities). Regular and complete draining of ponds every three to four years has been shown to greatly reduce or eliminate breeding populations of bullfrog (Hayes and Jennings 1986). Bullfrog eggs are laid in the early summer (April through July), and the majority of tadpoles do not transform until the following year. If a pond is completely drained in the fall or winter, bullfrog life cycles are effectively Interrupted (USFWS 2000). • PL%ProJxhllpWa161oTechWTS 4-011804.dw 139 Biological Technical Report Study • • San Diego Creek Watershed Natural Treatment S• Draft TABLE 15 GRASSLAND ACREAGES WITHIN 5 KILOMETERS NTS Facility Facili Name Acres of Grassland Within 51(m of Each Site Grassland ►mrrtediatelyAdjacent to and/or ' Within a 1000.Feet 10 PA 1- Eastfoot Upper 1105.4 Yes 11 PA 1 - Orchard Estates Retarding Basin 1339.7 Yes _ 12A PA 1 - Lower Orchard Estates (Multiple Basins 1080A No 12B PA 1 - Lower Orchard Estates (Multiple Basins 1160.5 No - 12C PA 1 - Lower Orchard Estates (Multiple Basins 1072.5 No 12D PA 1- Lower Orchard Estates Mulfi le Basins 968.2 No 12E PA 1- Lower Orchard Estates (Multiple Basins _ 1096.0 No 12F PA 1 - Lower Orchard Estates (Multiple Basins 1058.1 No 12G -PA 1 - Lower Orchard Estates (Multiple Basins 1095.2 Yes 13 _ Rattlesnake Reservoir 1362.6 Yes 16 Trabuco RetardingBasin 237.1 _ Yes On site 18 Marshbum RetardingBasin 646.6 Yes On site 71 PA6-Marshbum 594.9 No 70A Ague Chinon (Multiple Basins 921.6 Yes 706 Ague Chinon (Multiple Basins 780.2 Yes 70C 1 Aqua Chinon (Multiple Basins 634.9 Yes 22 MCAS El Toro --Ague Chinon Lower 1055.9 No 26 Woodbridge in-Une Basins 744A No 27 Barranca Off -Line Wetlands 943.2 No 31 PA 17-West Basin 1589.4 _ _ Yes 32 PA17-East Basin 1663.7 _Yes 39 Sand Canyon Reservoir 1992.2 Yes 42 Turtle Midge North _ 1531.3 Yes 46 San Joaquin Marsh -Augmentation 383.0 No 49 -PA 17-Center Basin 1630.4 Yes 50 MCAS El Toro- Irvine Auto Center 827.6 No _ 51 MCAS ElToro -Serrano _ 908.9 - No - 52 MCAS El Toro -Bee Canyon 1240.2 No 53 Caltrans SR-13311-5Interchange 931.5 No 54 Caltrans SR-261lWalnut Avenue 0.0 No 55 Santa Ana/Santa Fe Channel "0.0 No 56 El Modena Park - 151.2 No 61 PA 1- Eastfoot Lower 1080.3 Yes " 62 San Joa uin Marsh - SAMS 1 337.0 _ Yes 64 West Park In -Line Basins 0.0 _ No - 67 1 Ciene a de Las Ranas Not Shown 0.0 Not Applicable 69E PA39-Multiple Basins 1435A Yes " 68D _ PA 39 - Multiple Basins - 1754.3 Yes 68 PA 18 - 1863.3 - Yes 69A PA39-Multiple Basins 1562.3 Yes 69B PA39-Multiple Basins 1462.4 Yes 69C PA39-Multiple Basins 1421.5 Yes 9 PA 1-Eastfoot Retarding Basin 1234.9 - No R.1Projecfsl1RWDleloTech\NTS 4-011884 dw 140 Biological Technical Report Study San Diego Creek Watershed Natural Treatment System Draft NTS facilities requiring less frequent drainage and sediment removal (off-line facilities), could • provide favorable habitat for non-native species, including the bullfrog and African clawed frog, and could result in increased populations of these species. The increase in population size of these species would be considered a significant Impact. Additionally, the facilitation of the dispersal of these species by providing favorable habitat at locations throughout the study area would be considered a significant impact. Implementation of mitigation measure PDFs involving site Inspection by a qualified biologist prior to the mitigation of any 0&M activity that includes habitat removal would reduce potential impacts from presence of non-native wildlife species to a level considered less than significant. Local NTS facilities may require less frequent drainage and sediment removal and could provide favorable habitat for non-native species, including the bullfrog and African clawed frog, resulting in increased populations of these species. The increase in population size of these species Would be considered a significant impact. Additionally, the facilitation of the dispersal of these species by providing favorable habitat at locations throughout the study area would be considered a significant Impact. Implementation of PDFs contained in Section 7 of the Master Plan will reduce potential impacts from presence of non-native wildlife species to a level considered less than significant. The brown -headed cowbird is native to North America but prior to European settlement Was largely confined to short -grass prairies in the middle of the continent (Mayfield 1965). Cowbirds feed on the ground in areas of short grass and bare ground and originally followed herds of bison present in the prairies. European settlement brought irrigated agriculture, livestock grazing, and urbanization which facilitated the spread of cowbirds into coastal southern California. In southern California, cowbirds reach their highest densities near dairies, stables, and other areas where livestock are concentrated and provided with supplemental food. • Cowbirds forage on insects attracted by the livestock concentrations and on the hay and grain that are supplied to such areas (Rothstein et al. 1980). They are also numerous in foothills where riparian woodlands are in close proximity to grass or agricultural lands. Riparian woodlands support a rich diversity of nesting birds from which the cowbirds select hosts (Unitt 1984). 4.5 INDIRECT IMPACTS 441 Noise Impacts Noise levels would increase over present ambient levels during construction of the NTS Facilities. Similarly, during major maintenance of NTS Facilities, use of heavy equipment for periodic sediment removal would result in an increase in noise levels at the sites over ambient levels. Increased noise levels have the potential to substantially disrupt foraging, nesting, roosting, and denning activities of common wildlife species. Noise Impacts on common wildlife would be considered adverse, but not significant, because the increased noise levels would be limited to a few days. However, nesting raptors and other special status species, Including the southwestern willow flycatcher, least Bell's vireo and coastal California gnatcatcher, have potential to occur in areas adjacent to proposed NTS Facilities. Indirect noise impacts on these species would be considered significant because these species are protected by the federal and state ESA's, and the state Fish and Game Code. Potential indirect noise Impacts on raptor species would be reduced to a level considered less than significant by mitigation measure MM-BIO-01 and PDFs contained in Section 7 of the • Master Plan. The southwestern willow flycatcher and least Bell's vireo will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as Identified Species that are covered only in accordance with the "conditions of coverage" set forth in Section 8.3.2 R•1ProJ6cISYRW;1 ZTeohWTS"119e4ddc 141 SlologlcalTechnicaldeportStudy San Diego Creek Watershed Natural Treatment System Draft the IA. In addition, potential indirect noise impacts on the southwestern willow flycatcher and • least Bell's vireo would be reduced to a level considered less than significant by MM-BIO-01 and PDFs contained in Section 7 of the Master Plan. The coastal California gnatcatcher will be addressed pursuant to the program level coverage in the NCCP/HCP EIR/EIS 553, as an Identified Species that has regulatory coverage without conditions of coverage as set forth in the IA. Also, project implementation will require compliance with the provisions of the NCCP/HCP EIR/EIS 553 Construction Minimization Measures (SC-BIO-2) where coastal sage scrub occupied by the California gnatcatcher is scheduled to be removed and/or disturbed. 4.5.2 Increased Dust and Urban Pollutants Grading activities for construction and maintenance of the NTS Facilities would disturb soils and result in the accumulation of dust on the surface of the leaves of trees, shrubs, and herbs. The respiratory function of the plants in the immediate area could be impaired if dust accumulation becomes excessive. The indirect effect of construction of the NTS Facilities on the native vegetation in the immediate vicinity is considered less than significant since very little native habitat is present on or adjacent to the majority of the NTS facility sites. Therefore, the proposed project would not significantly reduce plant populations. Construction and maintenance operations would require the use of large earth -moving equipment within stream channels and areas containing ponded water. Petroleum residues and chemical products from construction equipment could inadvertently be released into drainages during construction and.maintenance of NTS Facilities causing a,temporary impact. The Federal Clean Water Act establishes a framework for regulating potential water quality • impacts from construction activities through the USEPA NPDES program. Construction activities that involve more than five acres are required to submit a NOI to the RWQCB to obtain coverage under the General NPDES Permit for Stormwater Discharges Associated with Construction Activities issued by the SWRCB. The RWQCB oversees the implementation and enforcement of the general permits. Potential erosion, siltation and other water quality impacts during construction and maintenance of the proposed NTS Facilities would be managed through the preparation of a SWPPP. The plan would describe the measures or practices to control pollutants during construction and maintenance activities. A SWPPP typically contains a list of target structural and non-structural BMPs, which would be used to control, prevent, remove or reduce pollution. BMPs that are most often used during construction include sand bags, temporary desilting basins, and the timing of grading to avoid the rainy season (November through April). The SWPPP would contain BMPs that address the following areas during construction, as defined by the California Storm Water Best Management Practice Handbook: control internal erosion, good housekeeping practices, contain waste, minimize disturbed areas, stabilize disturbed areas, and control perimeter of site. In addition to the requirements of the NPDES program, provisions of the Uniform Building Code, and grading permit requirements include elements that also require reduction of erosion and sedimentation impacts. Implementation of SC-BIO-1 would ensure full compliance with applicable local, state, and federal water quality standards and reduce impacts to a less than significant level. 4.5.3 Selenium Bioaccumulation and Toxicity to Wildlife • Selenium (Se) is known to be both beneficial and toxic to wildlife. The following is a summary of a technical memorandum entitled 'Predicted Changes in Bioaccumulation and Toxicity of Selenium Following Construction of the Natural Treatment Systems in San Diego Creek Watershed Relative to the Current Status Quo" prepared by Alex Horne, PhD, for the Irvine R;TropctsVRWMB10 TechINTS 4-011804 000 142 Biological Technical Report Study San Diego Crack Watershed Natural Treatment System Draft Ranch Water District NTS project. The memorandum identifies the current Selenium (Se) problem in the San Diego Creek Watershed and discusses potential benefits and potential disadvantages of the NTS program (i.e., potential impacts to bird species) based on the Is proposed NTS facilities sites to be constructed and the effects of selenium on these species if the program is not implemented. A copy of the memorandum is provided in Appendix L of this Revised Draft EIR, Se Problem in the San Diego Creek Watershed: Dr. Horne states that Se concentrations within central and lower portions of the San Diego Creek watershed (SDC) are the result of groundwater seepages from historical accumulations. The Se levels in these areas are between 1 to 30 ppb with a potential toxic risk to wildlife, especially bird species. Dr. Horne also states that in his opinion the Se levels In SDC are relatively low in comparison to concentrations that were present at Kesterson Reservoir which were approximately twenty times higher and that implementation of the NTS program would provide meaningful reductions in Se and other pollutant levels. Potential Benefits of the NTS Program: The benefits to the program would Involve the removal of pollutants through sustainable methods primarily sunlight as opposed to the use of equipment and processes requiring the use of oil and/or gas. Implementation of the entire NTS program would Immobilize, sequester and remove between 30 and 70 percent of the Se in the watershed over the current unmanaged system. Also, the NTS program will create habitat suitable for use by and provide net benefits to certain bird species (e.g., tricolored blackbird) over and above the existing conditions. In addition, design and management of the NTS system would further benefit wildlife species by providing horizontal zone management as part of the facility design plus vertical separation of the immobilized Se in the anoxic sediments from . the oxygen rich upper layers which are used by wildlife. Lastly, the strategy of water draw down will be used In selected sites to reduce the growth of submerged aquatic plants and insects that are present in this habitat type that provide a food source for certain species of birds. This will reduce the overall risk to these wildlife species. Potential Disadvantages of the NTS Program: There are no guarantees that removals and immobilization of Se will occur as predicted. As noted above, submerged aquatic plants provide a food source for some bird species. Some facilities may not remove Se to levels below what is defined as "safe" by the state and federal resource agencies. Proper management and monitoring and subsequent use of adaptive management based on the results of monitoring will insure risks to wildlife are lower. However, implementation of the NTS program would result in reductions In Se over the current unmanaged system. • Amount of Improvements Expected: Implementation of the NTS program would likely reduce the overall amount of bioavailable Se in the SDC watershed by 30 to 70 percent. This will be accomplished by maintenance of the anoxic wetland sediments that will accumulate within the NTS water quality treatment facilities. Therefore, no threats to wildlife species are expected to occur. ■ The Effect of No Action (No Construction of NTS System): The NTS program provides a long-term solution to the Se program using environmentally friendly and sustainable methods. Other technologies are available such as pump and treat, grout curtains, and in situ Immobilization using injections of soluble carbon. However, these - methods have not been formally studied but are typical methods used to address Se and other groundwater contaminant problems. In addition, these methods are costly, intrusive, and unsustainable, unlike the NTS program. R.1ProbclsUAWOWto TechWTS 4-0118044m 143 Biological Technical Report Study San Diego Creek Watershed Natural Treatment System Drell Dr. Horne states that Se in the San Diego Creek portion of Orange County was caused by changes in groundwater and watershed drainage. In the San Diego Creek Watershed the center of the Se problem is the former Swamp of the Frogs. The Swamp of the Frogs resulted from groundwater springs and seeps and did not drain to the rest of the watershed. The main route of Se in aquatic ecosystems to birds and higher trophic levels is through the food chain. Soluble, bioavailable Se is rapidly taken up by the lower trophic levels, bacteria, algae and aquatic plants at an unusually small region of concentrations (one to two orders of magnitude) between the beneficial and no -effect levels and toxic levels. In almost any ecosystem, the base of the food chain is made up of primary producers such as algae and plants. Algae and plants also contain the vast majority of the biomass of both living tissue and dead material that soon becomes part of the sediments. Thus most (95 percent) of the Se in any ecosystem will soon be found in the sediments. The remaining -five percent is almost all present in algae, bacteria and aquatic plants (submerged aquatic plants). Insects and fish contain very little of the total Se found in the ecosystem but can still be toxic to birds that feed on them. Chironomids (midges) are the most common visible invertebrates in many aquatic ecosystems. Chironomids and other herbivores feed and live in the sediments or on plants and graze on biofilm. A main route of uptake of Se in wetlands is likely to be from the water to biofilm. Living biofilm is made up of a microbial matrix of bacteria and attached algae. In Peters Canyon Wash, chironomids are common in the mud that accumulated in the deeper pools at depths of 10 to 50 cm. Fish and larger insect larvae such as dragonflies eat chironomids and other small invertebrates. • Mosquito fish and chironomids are then eaten by birds. Birds, however, are different from all other aquatic components in that birds may not stay in one location to eat or forage on the same food sources. Thus birds may consume high Se -contaminated prey (chironomids) in pools, then fly to another location such as a golf course pond or the ocean and eat insects and other benthic invertebrates that contain negligible Se. Birds are susceptible to Se during the late winter and early spring with their diet moves from only high-energy food sources such as seeds to a high protein diet needed to produce eggs. Any Se in these food sources will find their way to into eggs as an indication of how much Se the bird is consuming. Setting standards for "Safe" levels of Se for consumption by birds in their eggs, water or prey items is controversial at this time. However, the U.S. Department of the Interior produced a series of general guidelines for Se for use in irrigation drain water management (see Table 4 of the Horne Memorandum). It is noted that most of the watershed below the Swamp of the Frog seeps contain Se levels above those identified in the table. However, a total of seven bird eggs from the San Joaquin Marsh were collected and analyzed. Although Dr. Horne indicates that the sample size does not permit a statistically significant evaluation, the Se was below levels associated with the measurable toxicity of mallard, stilt, killdeer and avocet and would likely be representative of the entire populations of these bird species. Dr. Horne also cites a number of examples of other areas including the Kesterson Reservoir, Belews Lake, Panoche and Silver Creeks and the Chevron treatment wetlands that have Se - related problems for comparison to assess the levels of risk of potential Se toxicity in the San Diego Creek Watershed, in particular, the toxicity of the NTS wetlands. The following is a • summary of Kesterson Reservoir conditions as compared to the San Diego Creek Watershed and the NTS program: RAProJecIs11RW01910 TechINTS 4-011804.doc 144 Biological Technical Report Study San Diego Creek Watershed Natural Treatment System Draft ■ The concentrations of Se inflow to Kesterson was very high (10 to 200 times higher than • San Diego Creek); ■ The Se Inflow to Kesterson was always high (200 to 400 ppb) while Se in San Diego Creek over the 17 years between 1970 and 1987 ranged less than 2 to less than 30 ppb; ■ Most importantly, Kesterson Reservoir was a very large area (1,200 acres) while the entire NTS system at full buildout would be approximately 200 acres over 31 sites; ■ Kesterson Reservoir was managed to enhance habitat for birds; and ■ Kesterson Reservoir a very productive wetland supplied by agricultural flows that contained large amounts of nitrate and phosphorus. The Se -related problems In the San Diego Creek Watershed are far less severe than the Kesterson Reservoir example. The phosphorus levels in this watershed are about 100 times lower and the biological productivity is also lower than Kesteron. Dr. Horne concludes that using the bin strategy involving In -Let Basins (Bin 1), In -Line Basins (Bin 2), and Off -Line Basins (Bin 3) will provide a system for effectively immobilizing, sequestering or removing pollutants, including Se. The higher levels of Se in the San Diego Creek Watershed have been known for some time. At present, there is no management of the watershed to reduce the risk of Se poisoning to wildlife, especially birds. As previously noted, the Se levels within this watershed vary from 2 to 30 ppb. There Is no management of the Se at the present time and the amount of Se In the system Is • uncontrolled and varies with season. The risk of Se toxicity can be reduced through immobilization and sequestration. The NTS program is expected to perform these tasks better than the unmanaged streams, pools, wetlands and riparian corridors that currently exist in the San Diego Creek Watershed. Dr. Horne indicates that this reduction will occur as follows: ■ From solid sediment -bound forms (potentially bioavailable after chemical reactions in San Diego Creek) to storage in sediments of the detention basins (to be removed as needed), ■ From bioavailable soluble form to the sediments, where it will become solid mineral (removal may not be needed for many years); and ■ From soluble or bound particulate form to the sediments, where It will become unavailable by strong sorption with humic substances formed from wetland plant decay. Volatilization of Se will also play a role in the Se reductions. The demethylselenide that is the volatile product of Se metabolism is relatively Insoluble in water and simply bubbles or diffuses out from the root zone to the air. Dr. Horne noted that a small fraction of demethylselenide will dissolve and may be oxidized and taken up by bacteria and thus enter the food chain. However, in the NTS system encouragement of denitriflcation to provide carrier bubbles and the speed of passage through the shallow water column (about two feet) will reduce the amount of time this contaminant spends in the water and subsequent opportunity to enter the food chain. Dr. Horne concludes that the threat of Se toxicity with the NTS project Is no greater than what • currently exists in the uncontrolled, unmanaged system now extant and will likely be less for the following reasons: R Tt0)8clsVRWMZ1oTechWTe 40118e4.mc 145 Biological Technical Report Study San Diego Creek Watershed Natural Treatment System Draft . • The Se is held in a biologically unavailable fashion (as a —Se-H group in organic sediments); ■ The NTS sediments are deliberately kept anoxic (no oxygen) both to provide the conditions needed to initially assist in the immobilization and sequestration and to be an inhospitable place for aquatic invertebrates; and Dense vegetation (bulrushes and cattails) and no open water area restrict the access of birds to the potentially contaminated Se transfer area. Most of the Se is expected to occur in the areas covered by cattails that are designed as cells following the sedimentation or detention basin cells of the NTS water quality treatment facility. Insect larvae and other aquatic invertebrates that would be considered potential bird food can not survey in anoxic conditions. Chironomids are normally found in rich organic mud, not in the almost peat -like NTS sediments. Lastly, Dr. Horne concludes that Se management will reduce potential impacts to wildlife to less than significant as follows: ■ Selenium in the water will primarily be taken up and either immobilized or sequestered in the sediments rather than passing into the surface food web. The NTS sites provide good anoxia that drives Se to the immobile form. The NTS sites are mostly covered with emergent aquatic plants that do not transfer Se from the sediments to the edible seeds; • A second level of protection is provided by the vertical separation of any bird food items from the majority of the Se immobilized in the sediments. The anoxic, acid sediments are port habitat for most bird food Items (aquatic insects) that require at least some oxygen • dissolved in the water; ■ A third level of protection is provided by the horizontal operation of any bird food items form bird access. The bird friendly sites are at the downstream end of the NTS sites and access may be restricted to the upper sites by fences; and ■ The forth level of protection is provided by the reduction in submerged aquatic plants (SAV). SAV is the prime habitat for animal bird foods such as chironomids, dragon and damselfly nymphs, and snails. In the open water NTS sites, regular but short water level fluctuations eliminate the potential growth and establishment of SAV. The bioaccumulation of some Se in the food -web can not be prevented in the NTS program or in the current San Diego Creek Watershed. However, the potential damage to birds due to Se entering the food web in the NTS is anticipated to be more than offset by the amount of immobilization, sequestration and volatilization curried out by the NTS program. Project Design Features (PDFs), previously summarized in this section and including the in the project description in Section 2.0 of this document, are intended to provide guidance in achieving NTS program goals involving effective water quality treatment while minimizing potential negative effects on sensitive wildlife habitats, and special status plant and wildlife species. PDF-BIO.1. Off -Line Facilities shall include basin liners to prevent infiltration into existing groundwater, in conditions where underlying soils are characterized as having• • moderate to high permeability. PDF-13I0-2. All NTS Facilities shall be operated and maintained as specified in Section 7, and monitored as specified in Section 8 of the NTS Plan to ensure compliance with R-Trol"XIRM81oT%hNTS 4-011804.dw 146 Biological Technical Report Study San Diego croak Watershed Natural Treatment System long-term water quality objectives. Operations and maintenance activities include routine, major, emergency and episodic activities and minimization measures intended to optimize performance of the NTS Facilities and the improvement of water quality leaving the treatment wetlands and to minimize the adverse environmental effects. Monitoring activities Include routine Inspection and monitoring of each NTS Facility, performance monitoring of select NTS Facilities, and preparation of annual monitoring reports. Detailed subtasks for inspection and monitoring are provided in the NTS Master Plan and individual site PDRs. PDF-13I0-3. NTS Facilities 16, 26, 27, 46, 54, 55, and 64 shall be monitored for a two year period after construction as specifled in the provisions of the Selenium Action Plan. These facilities have been determined to be those with the highest potential for selenium accumulation due to their locations in the watershed relative to known selenium sources. The following monitoring activities will be conducted: Water column monitoring upstream and downstream of NTS facilities for selenium, including selenate, selenite and organic forms, Including dissolved and totals. 2. Quarterly sediment testing, over a two year period; for total selenium through composite sampling in the in -line NTS facilities; quarterly composite sediment sampling in the forebay areas of the off-line NTS facilities for a one year period; and composite sediment sampling in selected reaches of channels without NTS facilities. 3. Quarterly vegetation monitoring of selected wetlands vegetation at each site (in -line, off-line and selected reaches of channels without NTS facilities); two to three species, including at least one food species, will be monitored for total selenium. 4. Quarterly invertebrate testing in both NTS sites and in channels with no NTS facilities; selenium concentrations and invertebrate types and biomass testing will be conducted. The focus of this effort will be on chironomids, but other invertebrates such as crayfish or dragonfly will be sampled if there are significant numbers of these species present. S. Quarterly mosquito fish testing for selenium in tissues in both NTS sites and in channels with no NTS facilities; if other fish species are observed during sampling, they will also be tested. 6. Annual bird egg testing (if nests are found) for a two year period in both NTS facilities and in channels with no NTS facilities. Appropriate regulatory agency permits will be obtained before any bird egg testing Is Initiated. 7. Quarterly monitoring reports will be Issued and provided to the Santa Ana Regional Water Quality Control Board (SARWQCB) for review. Formal annual reports will be prepared and incorporated with the County of Orange's annual water quality report. . RAPioMd%VRWoieioTeehWTe 4-011e04.dm 147 Blologlcal Technical Report Study San Diego Creek Watershed Natural Treatment System • 8. Prior to initiation of the monitoring activities described above, a detailed plan will be developed to include applicable protocols, as well as training programs for staff to insure that monitoring data are uniformly and correctly collected. Additionally, as also specified in the Selenium Action Plan, the monitoring data from the above facilities shall be evaluated annually, in coordination with the SARWQCB's programs, to determine the potential ecological risk to biota that inhabit or feed in the NTS facilities. The purpose of this analysis is to assist IRWD managementindetermining: Do concentrations in the water, sediment, or food chain indicate unacceptable risks and are these available to biota? 2. Do direct measures such as bird eggs indicate an exposure that might impair reproduction? 3. Does the risk to biota appear to be greater or reduced overall, to the extent there is enough available data due to implementation of the NTS program as compared to the potential risk to biota that is present today? If a problem is noted at any NTS' facility involving selenium at levels or risks that are above those within San Diego Creek at the present time, the following management actions will be initiated by IRWD after consultation with SARWQCB staff: 1. Additional monitoring shall be conducted to further characterize and substantiate risk potential. 2. Develop additional design alternatives to minimize wildlife access to selenium, including reduction of open water areas, reduction of aquatic plants that attract wildlife and food species (submerged vegetation), reduction in wildlife access to NTS facilities etc. 3. Development and implementation of a revised maintenance schedule to remove potential "hot spot" materials, including sediments and plant materials. 4. Develop potential designs for sub -surface selenium removal areas within or upstream of the NTS facilities. 5. Implement a program 'to locate and target individual seeps for selenium treatment systems to reduce selenium concentrations in the main flows in San Diego Creek. 6. Develop extended detention dry basin alternatives for off-line NTS facilities that do not remove selenium from dry weather flows. 7. Develop and implement efforts to decommission NTS sites that cannot successfully reduce selenium caused problems to acceptable levels. R 1Pr*ctsURWDW10 TechWTS 4-0118044M 148 Biological Technical Report Study San Dlego Creek Watershed Natural Treatment System Draft 5.0 MITIGATION PROGRAM • Potential Impacts on Biological Resources from construction operations and maintenance of NTS Facilities would be addressed through a three -category mitigation program. Measures within each category are described below: 6.1 PROJECT DESIGN FEATURES This section identifies PDFs that would offset the biological impact of clearing existing vegetation types and replacing them with created wetlands or structures that would retain flows needed for the operation of the NTS Facilities. The majority of the PDFs were developed during the process of NTS site evaluation and project design while others were developed in response to impacts discovered during the environmental review process that were considered significant or potentially significant. PDF-BIO-1. 5.2 STANDARD CONDITIONS AND REQUIREMENTS This section identifies standard conditions and requirements (SC) applicable to construction of the NTS Facilities. Standard conditions and requirements are established by public agencies and apply to projects within their jurisdiction that meet specific criteria. SC-BIO.1 Prior to Initiating any grading or construction permits, an NPDES statewide General Construction Activity Stormwater Permit will be obtained from the State Water Resources Control Board. . SC-BIO.2 Minimization Measures 1, 2, 3, 4, 5 and 6 contained in NCCP/HCP EIR/EIS 553 are binding on any entity constructing NTS Facilities on NCCP participating landowner properties. 5.3 MITIGATION MEASURES This section proposes mitigation measures (MM) for those impacts of proposed NTS Facilities that are considered significant or potentially significant. MITIGATION MEASURES This section proposes mitigation measures •(MM) for those Impacts of proposed NTS Facilities that are considered significant or potentially significant. The following measures do not apply to "Emergency Operation and Maintenance Activities" which will be addressed pursuant to Section 7.5 of the NTS Master Plan. Where practicable, notification of emergency operations and maintenance activities will be given to the applicable agencies prior to commencement of the emergency activities. However, emergency repairs will not require mitigation. MM-SIO.01 Prior to any construction and/or major operation and maintenance activity within an NTS site that involves the disturbance and/or removal of vegetation resources that provide suitable habitat for sensitive plant and wildlife species, IWMD's staff biologist will inspect the NTS site to determine if sensitive species are present. If the staff biologist is not certain as to the presence/absence of a sensitive • species, an independent, qualified biological specialist will be consulted and/or Will directed to perform the survey of the site and determine if a sensitive species is present. If a sensitive species is present, the biologist will recommend R1Prcko144RWDW1oTxhWTSr,01804.00r 149 BlologfcalResources Technical Study San Diego Creek Watershed Natural Treatment System Dreg • appropriate minimization measures aimed at minimizing and/or reducing the effects of this activity on the species. MM-BIO-2 If construction or routine or major maintenance activities occur between February 1 and June 30 on NTS sites identified as having potential for nesting raptors, the IRWD staff biologist will review site conditions for the presence of any active raptor nests. If any active or inactive nest is found during site review, it will be mapped on the construction plans. If no active nests are found, the construction and/or operation and routine or major maintenance activities will be allowed to proceed. If nesting activity is determined to be present at any raptor nest site identified during the site review, a qualified biologist shall recommend appropriate actions to avoid and/or minimize impacts to these nesting raptors. Information concerning the raptor nest locations and nesting status will be provided to the CDFG. MM-BIO-03 Prior to and within 30 days of the initiation of construction on NTS Sites 16, 18, 27 and 62, a pre -construction survey for the borrowing owl shall be conducted by a qualified biologist. If the species is determined present, the biologist shall prescribe the appropriate course of action(s) to avoid and/or minimize impacts this species to the greatest extent practicable. Avoidance actions may include establishing a 50 m buffer (approximately 160 feet) between construction activities and known burrows. If avoidance is not possible, passive relocation measures will be implemented. Passive relocation is defined as encouraging • owls to move from occupied burrows to alternate natural or artificial burrows that are beyond 50 m from the impact zone and that are within or contiguous to a minimum of 6.5 acres. of foraging habitat for each pair of relocated owls. Relocation of owls should only be implemented during the non -breeding season (i.e., September 1st to January 30th. On -site habitat should be preserved in a conservation easement and managed to promote burrowing owl use of the site. Owls should be excluded from burrows in the immediate impact zone and within a 50 m (approx. 160 ft.) buffer zone by installing one-way doors in burrow entrances. One-way doors should be left in place 48 hours to insure owls have left the burrow before excavation. One alternate natural or artificial burrow will be provided for each burrow that will be excavated in the project impact zone. The project area will be monitored daily for one week to confirm owl use of alternate burrows before excavating burrows in the immediate impact zone. Whenever possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe or burlap bags should be inserted into the tunnels during excavation to maintain an escape route for any animals inside the burrow. Information concerning the nest locations and nesting status of this species will be provided to the CDFG. MM-BIO-04 Prior to the issuance of a grading permit over areas that have been identified as jurisdictional as determined by the CDFG and USACOE, the landowner shall • obtain all permits and/or authorizations from CDFG pursuant to Section 1601- 1603 of the Fish and Game Code, the USACOE pursuant to Section 404 of the Clean Water Act and RWQCB Water Quality Certification pursuant to Section 401 of the Clean Water Act. Prior to the final design of Site 68 NTS facility, the R:\Pm1ects\IRW0M10 TechWTS 5,0118K00C 150 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System Draft facility will be adjusted to avoid impacts to mule fat scrub. If avoidance is not • possible, then mitigation will be provided at a 1:1 ratio in accordance with a plan approved by the USACOE and CDFG. MM-BIO.05 Surveys for southern tarplant (Centromadla parryl sp. australls) will be conducted by a qualified botanist prior to the initiation of major maintenance activities involving vegetation removals within sites 31, 32, 46, 62 and 64. Also, prior to the construction of site 62, a survey for this species will be conducted to determine presence. If found in areas that are scheduled to be disturbed as part of the operation and maintenance and/or creation of a NTS facility, seeds from this species will be collected for use in the appropriate restoration area associated with the facility's development or an appropriate off -site location as directed by a restoration ecologist. MM-BIO.06 Prior to the initiation of construction of Site 62, a restoration and enhancement plan shall be prepared in consultation with UCNRS and include the following elements: • Preservation of areas containing salt marsh habitat to the extent practicable; • Restoration and enhancement of salt marsh, freshwater marsh, and coastal sage scrub habitats. The enhancement plan for this facility will also include active exotic Invasive weed species management that will increase the long- term conservation values of the site for sensitive and non -sensitive native plant and wildlife species. The plan may also include enhancement of the cottonwood -willow riparian forest within the SAMS 1 site. • Enhancement of the freshwater marsh through the incorporation of the water quality treatment facility; Cooperative design and management provisions with respect to the UCNRS including the following: (1) the provision of maintenance measures that IRWD will coordinate cleaning or other major work at the SAMS 1 site with UCNRS; (2) the provision of water to UCNRS site upon their request; and (3) a spine In the wetland to provide rotational drying of the wetlands to allow amphibious species and others to move out of the area being dried into another wetland. • Limited frequency of maintenance activities to avoid and minimize potential Impacts on sensitive plant and animal species that may use the site. MM-BIO.07 Prior to the initiation of any construction -related activity involving the disturbance and/or removal of vegetation resources within NTS Sites 68, 69C and 69E, surveys will be conducted by a qualified botanist at the appropriate time of the year to determine the presence/absence of the thread -leaved brodiaea (Brodtaea filifolla), many -stemmed dudleya (Dudleya multicaulls), Catalina marlposa lily (Calochortus cataltnae), Palmer's grapplinghook (Harpagonella palmed), and wild peppergrass (Lepidlum virginlcum). If any of these species are found, seeds from these species will be collected and used in an appropriate restoration area under the direction of a restoration ecologist. is R1ProtmtsVRWDUWoTmhWTa 5-011e04.00c 151 Biological Resources Technical Study San Diego Creek Watershed Natural Treatment System • Applies to Sites 31, 32, 49, 42, 16, 18, 22, 50, 51, 52, 70A-70C and 71: MM-1310-8. NTS Sites 31, 32, 49, 42, 16, 18, 22, 50, 51, 52, 70A-70C and 71 have either previously approved CEQA documents and/or regulatory permits issued. Construction of these NTS sites shall comply with applicable mitigation measures identified in previously approved CEQA documents and/or measures identified in the issued regulatory permits. CJ R,1ProjectsURWDWIoTechWTS 5011004 OOC 152 Biological Resources Technical Study Son Diego Creek Watershed Natural Treatment System 6.0 LEVEL OF SIGNIFICANCE AFTER MITIGATION Impacts to common plants and wildlife are considered less than significant. In addition, implementation of the recommended measures will mitigate biological impacts to special status plants and wildlife to a level that is considered less than significant. Furthermore, impacts to special status habitats such as coastal sage scrub (CSS) and 42 plant and wildlife species have been addressed by EIR/EIS No. 553 for the Central -Coastal Subreglonal Natural Communities Conservation Plan/Habitat Conservation Plan. Take of CSS and specific plant and wildlife covered and/or conditionally covered by the NCCP/HCP resulting from the implementation of the NTS project infrastructure identified in the master plan by the participating landowners, would be considered less than significant. The tricolored blackbird, southern tar plant, two -striped gartarsnake and coastal gartersnake are species that have the potential to utilize specific NTS facilities upon the completion of construction. Under these circumstances, Impacts to these species resulting from the operation and maintenance activities within the constructed facilities would be considered significant. Therefore, IIRWD is seeking an amendment to the Central -Coastal Subreglonal NCCP/HCP to add these species to the list of identified species and obtain regulatory coverage to satisfy the requirements of the Federal Endangered Species Act and the California Fish and Game Code in accordance with the provisions of Sections 8.8 and 10.1 (c) of the NCCP/HCP. 7.0 American Ornithologist's Union, 1998. Check -list of North American Birds, 7th Ed. American Ornithologist's Union, Washington, D.C. Abrams, L. 1923. Illustrated Flora of the Pacific States, Volumes 1, Il, and Ill. Stanford University Press, Stanford, California, Abrams, L. 1960. Illustrated Flora of the Pacifica States, Volume iV. Stanford University Press, Stanford, California. Blosystems Analysis. 1994. Life on the Edge - California's Endangered Natural Resources. Blosystems Books. Bogan, M.A., E.W. Valdez, and K.W. Navo, 1998a. Yuma myotis, Myotis yumanensis. 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USFWS Biology Report 85 (7.27) 152 pp. Fahrig, L., and G. Merriam. 1985. Habitat Patch Connectivity and Population Survival. Ecology 66:1', 792-1, 768. Fitch, H.S. 1965. An ecological study of the garter snake. Thanmophis sirtalis. University of Kansas. Museum of Natural History. 15(10):493-564. Franzreb, K.E. 1989. Ecology and Conservation of the Endangered Least Bell's Vireo. USFWS, Biological Report 89(1). 17 pp. Fore, Leska S. Field Guide to Freshwater Invertebrates. Bellevue Utilities Department. Seattle, Washington. Garrett, K., and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Audubon Press. Los Angeles, California. Hamilton, Robert A. and Douglas R. Willick. 1996. The Birds of Orange County, California: Status and Distribution. Sea and Sage Press. Huntington Beach, California. Harmsworth Associates. 1998. Native Fish in Orange County Central/Coastal NCCP Subregion. Harmsworth Associates. 2002. Draft Species Biology — IRWD Natural Treatment System Plan. (unpublished report) Harmsworth Associates. 2002. NTS Invertebrate Survey. (unpublished report) Hickman, J.C. Editor. 1993. The Jepson Manual of Higher Plants of California. University of California Press. Berkeley, California. RAProlectsHRwDSO TechwTs 07-011804 ooc 154 Biological Resources Technical Study San Dlego Creek Watershed Natural Treatment System Draft Jennings, M.R. and M.P. Hayes. 1985. Pre-1900 Over -harvest of California Red -legged Frogs: • the Inducement for Bullfrog (Rana catesbelana) Introduction. Herpetologica 41:94-103 Jennings, M.R. and M.P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California. Final Report to the California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, CA. 255 pp. Jones & Stokes Associates, Inc. 1993. Methods Used to Survey the Vegetation of Orange County Parks and Open Space Areas and The Irvine Company Property. County of Orange, California. MacArthur, R.H. and E.O. Wilson. 1967. The Theory of Island Biogeography. Princeton University Press. Princeton, New Jersey. Marsh, Gordon A. 1992. Plants and Animals of the Santa Ana River in Orange County. Orange County Environmental Management Agency, California. Mayfield, H.F. 1965. The Brown -headed Cowbird with Old and New Hosts. Living Bird 4: 13- 28. Milne, L and M. Milne. 1998. National, Audubon Society Field Guide to North American Insects and Spiders. Alfred A. Knopf, New York, NY. Page, Lawrence M. and Brooks M. Burr. 1991. A Field Guide to Freshwater Fishes of North America. Houghton -Mifflin Company. Boston, Massachusetts. Remsen, J.V., Jr. 1978. Bird Species of Special Concern in California. California Department • of Fish and Game, Nongams Investigations Report 78-1, Sacramento, California. Rothstein, S.I., J. Verner, and E. Stevens. 1980. Range Expansion and Diurnal Changes in Dispersion of the Brown -headed Cowbird In the Sierra Nevada. Auk 97:253-267. Sibley, David Allen. 2000. The Sibley Guide to Birds. 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F0P10 eot3VRW0W16TethWTS GM11e04.000 155 6101091c81 Resources Technical Sfady • • San Diego Creek Watershed Natural Treatment System Draft US Geological Survey. 1992. Butterflies of North America - Monarch Species Account. Northern Prairie Wildlife Research Center. US Geological Survey. 1997. Black Star Canyon 7.5 x 15 minute Quadrangle Topographic Map. US Geological Survey. 1997. El Toro 7.5 x 15 minute Quadrangle Topographic Map. US Geological Survey. 1981. Orange 7.5 x 15 minute Quadrangle Topographic Map. US Geological Survey. 1981. Tustin 7.5 x 15 minute Quadrangle Topographic Map. Whitaker, Jr., John O. 1997. National Audubon Society Field Guide to North American Mammals. Alfred A. Knopf. New York, NY. R9Pro*tsXIRWUSio Tech1NTS 07-011804.00c 156 Biological Resources Technical Study • APPENDIX A NTS Facility Site Biological Resources • 40 7.1 1 'Aw 7.1 7.1 7f ` 4 .�d � \ 'R 7.7 12.3 , 7.7 �. 12.3 . 7.3 12.3 7.1 • i, 7. 12.3 `< t y.1 4/ ` 7.1 ir 6.1 •` '10 '°' r ^ i \ 1 1 r - � �r F�..�w:: l ��.1• 14.2 ` 7 7.7 • •'d � 4. 7.1 J: .3 �2.4 .t 7.7 r 7.3 7.7 7.1 7.1 - 14.2 7.1 %110 14.2 4. ..,. 7.7 3 14.2 2.3.6 f 1 .5 14.2 •\ 7.7 14.2 Types . 1. Y r ..+ a y / y } f 2.4 - Southern Cactus Scrub 4.1 -Annual Grassland 7.1 - Herbaceous Riparian .- ..._7.7 - Black Willow PJparian Forest 12.1 - Open Water Irrigated -„ tr Landscaping • 12.1 WJF.m= 7.7 7.2 5.5 16.1 7.7 15.5 1 5,5 7.7 lid .i i Site 31 : PA 1 7 - West Basin I Biological Resources and Project Impacts Figure 6 San Diego Creek Watershed Natural Treatment System Plan E/R 300 0 300 Feat C 0 N S U I i I N G Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR 300 0 300 Feat Figure 7 �� C OON W11RWa l a 1002.t1. _b Site 49: PA 1 7 - Center Basin Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR 300 0 300 Feet w ,:..'a Figure 8 CONSULTING Site 42: PA 27 - Turtle Ridge North Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR N 300 0 300 Feet w Figure 9 C�0 NN S UI TTI N G� Site 16: Trabuco Retarding Basin Biological Resources and Project Impacts Figure 10 San Diego Creek Watershed Natural Treatment System Plan EIR 300 0 300 600 Feet C 0 ."�� `4 Site 18: Marshburn Retarding Basin Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR Figure 11 300 0 300 Feet C 0 N 5 a-rnin o.nen.nawuimi ease imxs.eer Site 22: MCAS El Toro - Agua Chinon Lower Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR Figure 12 3M 0 300 Feet C 0 N,ii Site 50: MCAS El Toro - Irvine Auto Center Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR N 300 0 300 Feet Figure 13 C 0 !vYv' u�'iYiGI I Site 51 : MCAS El Toro - Serrano Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan E/R 300 Feet Figure 14 e� " �Mll Project Footprint Vegetation Types 4.6 - Ruderal 7.2 - Willow Riparian Scrubs 14.6 - Nurseries 16.1 - Disturbed or Barren Site 70A: PA6-Agua Chinon (Multiple Basins) Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR N 300 0 3Feed I Figure 16a CON��. • . �. tid 40 ." I AN I, n t h x 4•� rq, � Site 70B: PA 6 - Agua Chinon (Multiple Basins) Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan E/R 300 0 300 Feet Figure 16b CON�� Site 70C: PA6-Agua Chinon (Multiple Basins) Biological Resources and Project Impacts Figure 16c San Diego Creek Watershed Natural Treatment System Plan OR 300 0 300 Feet C 55 CN c! TIN G S�Tiile_�p,lppl_W70O 10pP09 yd! Site 71 : PA6-Marsh burn I Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR N 300 0 300 Feet Figure 17 r ` � a4� • t North Lak it 15.4 4r r u 41 f� 1,5.4 w `fit ' v>`Permanent Impacts `•�� �.F. �i e7i. 71 4. 11 4' 1 14 IoV V/ or AL Facts racts is 4t I Channels immeruall % jq y 1 ,•,w •r .•��htY �0•^yt•x5 .� ,%<4V)J� .a 3OS,- 4 '' 10 16 13.4 AL . 44. 15.5 • 4- Pa I I L t Al Ira *4 12q) IV 15.5 • �S Owl 'I 5.5n %W. T Mud Impacts Impacts Types and Commercial itnation I t7 -0 4 ;IK 0 Permanent Impacts Vegetation Types 4.6 - Ruderal 6.1 - Salt Marsh 6.4 - Freshwater Marsh 7.1 - Herbaceous Riparian 7.8 - Cottonwood -Willow Riparian Forest 15.4 - Transportation 16.1 - Disturbed or Barren Site 62: San Joaquin Marsh-SAMS 1 Biological Resources and Project Impacts San /pDiego Creek Watershed Natural Treatment System Plan OR Y300 0 300 Feel 4 Figure 24 .$ =Zena 0 Al 1r is ry • 20 Permanent Impacts Temporary Impacts Vegetation Types * 7' :. ` 4.6 - Ruderal p ..y 7.1 - Herbaceous Riparian unc•` .'Sty,-,' w x �r� 15.1 - Urban and Commercial 15.4 - Transportation 15.5 -Ornamental Landscaping ..,o 16.1 - Disturbed or Barren Site 64: West Park In -Line Basins Biological Resources and Project Impacts (North) Figure 25a Swan r`Diieego Creek Watershed Natural Treatment System Plan EIR y� Y 650 _ 0 650 Feet } CONS U L i L N G Permanent Impacts Temporary Impacts Vegetation Types 4.6 - Ruderal 7.1 - Herbaceous Riparian 15.1 - Urban and Commercial 15.4 - Transportation 15.5 - Ornamental Landscaping 16.1 - Disturbed or Barren Site 64: West Park In -Line Basins Biological Resources and Project Impacts (South) San Diego Creek Watershed Natural Treatment System Plan EIR 750 0 750 Feet Figure 25b I CONS u� TING 'cw i IG1 4 "' �.k. r •` � Y �SiRr .✓ i s[ . •` ice' .:, � ; - J �'��[i y f I y e a ' l r �l r - Site 67: Cienega de Las Ranas Biological Resources and Project Impacts (Middle Section) San Diego Creek Watershed Natural Treatment System Plan N 1O00 0 1000 Feat NTS Site Location Vegetation 4.6 - Ruderal 7.1- Herbaceous Riparian 13.4 - Flood Control Channels 15.1 - Urban and Commercial 15.4 - Transportation 15.5 - Ornamental Landscaping 16.1 - Disturbed or Barren Figure 26b o��i;q C O N S U L T I N G Y� SIM C r rel I'M / 3��i.'., f ��'S � b'�i,. ram, ` • `',I � � � t. �� 7 I '`. mil. • � t {' ` e }y � t� yNTS Site Location r 12.3 1// IVegetation 7.1 - Herbaceous Riparian 16. 's I ...Control Basins • Ornamental Landscaping.... �-~ Site 9: PA 1 - Eastfoot Retarding Basin Biological Resources and Project Impacts Figure 27 San Diego Creek Watershed Natural Treatment System Plan EIR N F 300 0 300 Fee[ C0 N5 U1 i1N0 SAIS E'M1IdWRWDJWt_BSS_1SOlOS.Pa 1 > a taw, 1 A •� ..4 V�470 / i. Site 10: PA 1 - Eastfoot Upper Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR 300 0 300 Feet Project Footprint Vegetation Types 4-1 -Annual 14.3 - Vineyard and Orchard 16.1 - Disturbed or Barren Figure 29 c�NS L'IT-G W WDJWtBR10_t00A9;Jl al� ,w r '>4P Project Footprint Vegetation Types 14.3 - Vineyard and Orchard f 15.5 - Ornamental Landscaping N. 16.1 - Disturbed or Barren .% Site 12A: PA 1 - Lower Orchard Estates (Multiple Basins) Biological Resources and Project Impacts Figure 30a San Diego Creek Watershed Natural Treatment System Plan EIR N 300 0 300 Feet CON 5 U! r I N G SJGIS_�MwJ0p1_eR1b_10020 P& TIT 14.3 14.2 N-- #4*4% 44L, k Site 1 2C: PA 1 - Lower Orchard Estates (Multiple Basins) Biological Resources and Project Impacts Figure 30c San Diego Creek Watershed Natural Treatment System Plan EIR N a( 300 0 300 Feet CONS ^ I T � N G Site 12D: PA 1 - Lower Orchard Estates (Multiple Basins) Biological Resources and Project Impacts Figure 30d San Diego Creek Watershed Natural Treatment System Plan EIR 300 0 300 Feet C 0 Nd/�' I It f• 14.2 14.2 4 15.5 #1 ,�, ��� � +� "rev, F �• •� t A I Project Footprint Vegetation Types 14.2 - Irrigated 14.3 - Vineyard and Orchard 15.5 - Ornamental Landscaping 16.1 - Disturbed or Barren Site 12F: PA 1 - Lower Orchard Estates (Multiple Basins) Biological Resources and Project Impacts Figure 30f San Diego Creek Watershed Natural Treatment System Plan ElR 300 0 300 Feet100111 C 0 N 5 U I i 1 N G L 1 I Project Footprint Vegetation Types 4.1 - Annual 14.3 - Vineyard and Orchard 15.5 - Ornamental Landscaping Site 12G: PA 1 - Lower Orchard Estates (Multiple Basins) Biological Resources and Project Impacts Figure 30g San Diego Creek Watershed Natural Treatment System Plan E!R 300 0 300 Feet f O s nie FJhbIWWe l W129 10 .P& VF 7 I ♦ �}�, �. n y� Project Footprint Vegetation Types 4.6 - Ruderal ,or 14.2 - Irrigated 15.5 - Ornamental Landscaping .. 16.1 - Disturbed or Barren Site 61 : PA 1 - Eastfoot Lower Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan E1R N aoo o soo Feet �I Figure 31 Site 68: PA 1 8 Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR Figure 32 01 750 0 750 Feet v,^1e CLL C 0 N 5 U 1 7 1 N G A { #AA Site 69A: PA 39 (Multiple Basins) Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR 750 0 750 Feet Project Footprint Vegetation Types 4.6 - Ruderal 7.2 - Southern Willow Scrub 15.1 - Developed Land 15.5 - Ornamental Planting 16.1 - Disturbed Habitat Figure 33a Site 69B: PA 39 (Multiple Basins) Biological Resources and Project Impacts Figure 33b San Diego Creek Watershed Natural Treatment System Plan E/R 300 0 300 Feet Cw u C 0 N 5 0[ T 1 N C Site 69C: PA 39 (Multiple Basins) Biological Resources and Project Impacts Figure 33c San Diego Creek Watershed Natural Treatment System Plan EIR�p��-- 300 0 300 Feet 0 N 5 U C c..�L 1 I! N G Site 69E: PA 39 (Multiple Basins) Biological Resources and Project Impacts San Diego Creek Watershed Natural Treatment System Plan EIR 750 0 750 Feet „' Project Footprint Vegetation Types 4.1 - Annual Non -Native Grassland 4.3 - Southern Coastal Needlegrass 4.6 - Ruderal 15.1 - Developed Land 16.1 - Disturbed Habitat Figure 33e C 0 N S 0[ T f N G • APPENDIX B Bioaccumulation Report Alex Horne P 11 • • • TECHNICAL MEMO PREDICTED CHANGES IN BIOACCUMULATION AND TOXICITY OF SELENIUM FOLLOWING CONSTRUCTION OF THE NATURAL TREATMENT SYSTEMS IN SAN DIEGO CREEK WATERSHED RELATIVE TO THE CURRENT STATUS QUO Written by Alex J. Horne Professor Emeritus, Department of Civil & Environmental Engineering, University of California, Berkeley Date of last revision: 06 January 2004 1 00637671.2 TECHNICAL SUMMARY & CONCLUSIONS The current Se problem in the San Diego Creek Watershed. The concentration of selenium . (Se) in the central and lower parts of the San Diego Creek (SDC) watershed is high enough (1-30 ppb) for concern with regard to toxicity to wildlife, especially sensitive species of birds. The origin of the Se in SDC is groundwater seeping into the creek from natural historical accumulations. Preventing the seepage or removing Se from the groundwater would be a lengthy, major and costly undertaking since the volumes and concentrations of groundwater Se are large. In the wetlands at Kesterson Reservoir, the site of a previous major Se toxicity event, the blockage of farm drainage stopped Se inflow to the wetland. The 1,200-acre wetland at Kesterson was subsequently filled in with clean sediment. This direct but costly solution was implemented with difficulty and financial losses to those farmers who depended on the drainage to Kesterson to prevent salt buildup on their farms. In SDC removal of Se inflows at the source is even more difficult and may be impossible because of the large and diffuse groundwater sources of Se. In any event, reducing groundwater flow of levels greater than 5 ppb into the creek will be costly and complicated and take a long time even if an innovative methodology can be found and employed. Therefore, other less ideal and less complete solutions to the Se pollution are needed, at least for a few decades. The relatively low Se content in the SDC watershed (— 20 times lower than Kesterson) may allow use of novel methods of Se and toxicity reduction. It is -my opinion that a meaningful level of reduction in Se will occur in SDC, along with the reduction of other pollutants, in the proposed Natural Treatment System (NTS). Potential benefits of the NTS. The NTS is a generic method to remove pollutants using sustainable methods in an environmentally friendly fashion. In particular, the NTS is a mostly sustainable system that depends on renewable resources such as sunlight rather than oil or gas. • The NTS Master Plan describes how much of several pollutants will be removed and the generally expected pollutant sinks. To the extent that Se is removed from the watershed and immobilized in the sediments in the NTS, the entire watershed will have a lower Se concentration. Also, to the extent that the NTS provides bird habitat that gives a net benefit to birds, the NTS will improve the existing situation. Expected improvement can be approximated from the current NTS site San Joaquin Marsh (SJM) and other Se -contaminated wetlands. Currently in the SJM about 30% of the Se is removed (-15% of Se in SDC). The entire NTS is more than three times the area of SJM and should be much more efficient (— 2-3 times) at removing Se from the water. The first reason for an expected net improvement is that more Se will be immobilized, sequestrated or removed in the NTS than in the current unmanaged system in SDC. The second reason for improvement is that most of the. Se removed by the NTS will be less bioavailable to birds than the present situation in SDC. The Chevron Marsh located in Richmond, California has a similar Se inflow to the NTS and SDC in general ( 25 ppb). Despite a likely detrimental effect of the Se on eggs and chicks, manipulation of habitats has resulted in a net environmental benefit for birds. In 2003, a small sample of seven eggs from three bird species nesting at SJM showed levels above background samples, but still relatively low levels of Se. The management horizontal layout of the Chevron site has reduced Se in bird eggs by over half between 1994 and 1999 resulting in a benefit to the wildlife. Similar horizontal zone management is part of the NTS design but is carried further with a vertical separation of the immobilized Se in the anoxic sediments and wildlife in the oxygen -rich upper layers. Somewhat comparable studies in the San Joaquin Valley have been less successful than the Chevron marsh but were not managed in the 2 same way as either Chevron or the NTS. Finally, the strategy of water draw down as practiced in • the IRWD San Joaquin Marsh NTS and most of the proposed NTS will reduce submerged aquatic vegetation and lower the risk to birds that consume the plants and insects living among them. Potential disadvantages of the NTS. The downside to the NTS is that if it does not perform as expected by removing and immobilizing Se, the NTS wetlands will lead to an increase in Se - polluted wetlands in the watershed. Thus more wildlife, especially nesting birds, will be at risk. Several studies have shown that Se removal varies and that the percentage removal or the amount of Se volatilization cannot be guaranteed with current knowledge. It is certain that some of the NTS sites will have levels of Se in the food web that will be higher than those recommended by several federal and state agencies as "safe" for wildlife. However, if the NTS is successful in its management (for example decreasing submerged aquatic vegetation by draw down), the levels of Se should be lower overall and Se less accessible to birds than the current situation in the SDC watershed. Monitoring of typical NTS sites as they are constructed should allow for adaptive management. Monitoring of the current NTS site (SJM) has shown a net wildlife benefit, but the other new NTS sites have some important differences and need to be carefully monitored. However, the design of most of the new NTS sites makes them less of a risk than the SJM site. Finally, the NTS sites can be modified to improve Se removal and further decrease wildlife access (for example, removing some open water) or even decommissioning poorly functioning NTS sites. Amount of improvements expected. The NTS will not, as currently configured, remove all Se from SDC and Newport Bay. However, it is likely that when completed, the NTS will reduce the • overall amount of bioavailable Se in SDC by between 30 and 70%. A reduction of this magnitude may move the watershed out of the threat of serious Se toxicity to birds and other wildlife. The maintenance of anoxic conditions in the NTS sediments is needed for the immobilization or removal of pollutants. Such anoxic conditions are characteristic of wetland sediments and do not pose a threat to wildlife that usually live in the other, oxygenated parts of both natural and constructed wetlands. The majority of the water in the NTS and most wetlands is oxygenated; only the sediments and the few inches of water above them are normally anoxic. All kinds of wildlife including fish, aquatic insects and birds are common in the 500 acre Prado Constructed Wetland (Riverside County) even though the anoxic sediments remove large amounts of nitrate pollution from the Santa Ana River as it passes though the wetland. Effect of no action (no construction of NTS). If the NTS or a similar system is not constructed in the SDC watershed, other less environmentally friendly and unsustainable methods of pollution control may have to be used. Such methods include drilling and "pump and treat" technologies, as well as grout curtains and in situ immobilization using injections of soluble carbon. These alternatives have not been formally studied, but are typical methods used for Se and other contaminant problems in groundwater. Such anexample of the use of these methods would be the removal of Se during dewatering for construction of the new Cyprus Overpass in Oakland, California in the 1990s. Currently, some high nitrate and high -Se water is pumped from the groundwater to the ocean via the sewage treatment plant, a successful, if very costly solution to one small fraction of the Se -polluted region. All of these methods are costly, intrusive and unsustainable, unlike the NTS. Since many of the nation's watersheds are facing 0 similar problems to SDC, an NTS-like approach deserves full consideration. NON -TECHNICAL SUMMARY AND CONCLUSIONS Current situation. Today, SDC watershed is polluted with Se that is a threat to wildlife, especially nesting birds. The creeks, wetlands, and some of the bird food items in SDC have recently been shown to have quite high Se levels. Wildlife habitat in SDC watershed consists of unnatural concrete channels with vegetation, pools and wetlands in which animals and plants have become established without regard to possible toxic effects. The source of the Se is a natural accumulation in the ground that has been disturbed by the construction of drains and agricultural practices during the development of the region. Cures for such legacy pollutants include as yet undetermined conventional engineering but these will be costly and take a long time to implement. The Environmental Impact Report (EIR) that describes the proposed Natural Treatment System is unusual in that it seeks to solve existing problems in the watershed rather than justify the new discharge of a pollutant into an uncontaminated creek. Advantages of the NTS. The Natural Treatment System (NTS) Project as proposed in the EIR and NTS Master Plan is an environmentally friendly and sustainable method to reduce Se and other pollutant levels in the San Diego Creek watershed using the renewable energy sources in sunlight and plants. The NTS can be implemented now and will continue to benefit wildlife and remove other pollutants if and when a complete solution to Se inflows is implemented. The concept of the NTS is that it should not create any new environmental problems while removing much of the toxic Se. With the NTS some needed measure of management of creeks and wetlands will be achieved to the benefit of the San Diego Creek ecosystem. There is an inherent conflict between toxics removal and wildlife, which can be mostly overcome by designing the NTS wetlands so that the toxicants are removed and immobilized from wildlife as quickly as possible. The current situation in SDC is that toxicants are always available to wildlife so, assuming the immobilization of toxicants works quickly, the NTS could only improve matters. The pollution reduction provided by the NTS will not necessarily be all that is needed and further sanitary actions may be required in the watershed. Drawbacks of the NTS. The main drawback with the NTS is that if it does not perform as expected it will increase the amount of Se -polluted wetlands and threats to birds. It is certain that some parts of the food chain in the NTS will be contaminated with Se at levels above those considered "safe" by several agencies. However, this is the situation now found in every part of SDC watershed. The possibly "unsafe" area of the NTS will be much smaller than the currently "unsafe" SDC, so overall toxicity is reduced. However, in the NTS the bird food in particular will be managed to be less accessible to birds or to have a safe Se level if consumed by birds. Thus area for area the NTS should be "safer" than the current situation. The proposed monitoring program is designed to determine any threats to wildlife before they cause harm. Modification to the NTS is possible to counter unforeseen events and drops in performance and has been used in other sites to give a net benefit to birds. 4 • • TABLE OF CONTENTS Technical summary & conclusions 2 Non -technical summary & conclusions 4 Table of contents 5 1.0 Introduction 6 2.0 Properties of Selenium 9 2.1. Potential toxic effect 9 2.2. Factors important to potential toxicity 10 2.2.1. Forms of selenium present 10 2.2.2. Access to selenium by the food chain 11 2.2.3 Design elements: description of hydraulics of the NTS settling basins 21 2.2.4. Sites in North America where selenium has been an issue 24 2.2.5. Comparing and Using These Other Sites in NTS Analysis 30 3.0 Project description 32 3.1 Binning strategy 32 4.0. Engineering and design principles 36 4.1 Major principles 36 4.2 Application to various NTS Units 39 4.2.1 Bin 1 39 4.2.2 Bin 2 40 4.2.3 Bin 3 41 5.0. Risk Management 41 6.0 Athalassiohaline conditions 44 7.0 Immobilization and sequestration of selenium 44 8.0 Volatilization of selenium 45 9.0 Numbers of contaminated prey items for birds 46 9.1 The role of submerged aquatic vegetation 46 9.2 The role of the biofilm 46 9.3. Reduced accessibility to birds of remaining prey items 47 9.4. Balancing risk of mosquito control and selenium in mos uitofish 49 10. Analysis 49 10.1. Threat of selenium toxicity with NTS project 49 10.2 Selenium partitioned from the food web 49 10.2.1 Immobilization & Sequestration &S 49 10.2.2 Volatilization 50 10.2.3 Selenium managed 51 10.3 Possibility of no significant net impacts from selenium 52 11 Project design features 53 11.1. Monitoring to confirm reasonable expectations 53 11.2. Response action as appropriate 53 References 54 Ust of Tables Table 1. Summary of selenium in San Diego Creek iro hic levels in 2002 13 Table 2. Selenium in bird eggs at various sites 18 Table 3. Historical selenium data from San Die o Creek 19 Table 4. Guidelines used by USDI for remediation and managing selenium in irrigation waters 21 Table 5. Amounts of pollutants removed from urban storm water by a detention basin 21 Table 6. NTS sites and appropriate bin classifications 35 1.0 INTRODUCTION • The Natural Treatment System (NTS) Project on San Diego Creek (SDC) was proposed in 2001. Its purpose is to rehabilitate semi -natural but currently low -value drainage areas and construct new features to form a network of pollution control systems in SDC. A secondary feature of the NTS is the provision of a freshwater marsh and riparian vegetation where possible. The NTS is based on results from previous constructed local and national wetlands and uses similar environmentally friendly and sustainable techniques powered by the renewable energy of the sun and plants (Kadlec & Knight, 1994; USEPA, 1999: Mitch & Gosslelink, 2000; Reilly et al., 2000). Wetlands treatment is well -established and the Journal of Ecological Engineering as well as many others, publishes multiple peer -reviewed articles on the topic (e.g. Ecol. Eng, 2000). In a review of wetlands treatment in the late 1990s a leading US expert wrote: "About 1000 wetlands systems exist in North America and a comparable number in Europe. These treat a variety of wastewaters, including municipal, mine drainage, urban and agricultural storm water, sludges, leachates and various industrial effluents." (Kadlec, 1999). Treatment wetlands such as NTS are designed to remove pollutants and either destroy them (e.g. nitrate and some pesticides), transfer them to the atmosphere as part of their natural cycle (selenium (Se), nitrogen) or immobilize them in a biologically unavailable form in the sediments (e.g. heavy metals, Se, some pesticides). The removal of pollutants in surface waters would remove the need for NTS but prospects are poor for the removal of trace pollutants in large volumes of surface runoff from diffuse sources on urban and agricultural land. Today in the SDC many pollutants, including Se, are freely available to wildlife in the many • creeks and wetlands that have formed as part of the drainage system. Many of these existing sites are attractive, undisturbed and productive wetlands that stand out to wildlife in an otherwise barren setting. Water birds come to feed in SDC and ingest existing Se and other pollutants. I have studied wildlife abundance and Se -contamination in these channels and watched dozens of avocets and stilts as well as ducks, egrets and heron feed on the Se -contaminated insects, fish and crayfish in the water. The water is shallow, bird food abounds in some sites and people or dogs rarely disturb the birds. Naturally, birds are attracted to SDC as it exists today since they cannot detect its Se -contamination. I designed the NTS to reduce the overall toxicity of SDC to birds by creating managed systems using sedimentation and uptake, volatilization, and organic processes to remove particulate and soluble pollutants in wetlands. The NTS will be less attractive to wildlife than the existing wetlands in the SDC because, as compared to the SDC, the NTS sites will (i) contain fewer contaminated insects and other bird food due to regular water draw down that reduces submerged aquatic vegetation and the invertebrates that live there•, the vector control management provisions in the NTS Plan will also reduce insects; (ii) reduce the availability of any remaining contaminated bird food by various means including restricting bird access to some parts of the NTS; (iii) encourage the growth of vegetation that can exist in the presence of Se but not pass it on from water or soil to the seeds and stems consumed by birds; (iv) sometimes be small and disconnected from other vegetation, habitat and food sources that attract wildlife; (v) designed to have less, even no, open water that allows birds to land and gain access to any contaminated food, and (vi) less isolated from disturbances from dogs and people. Further, the accumulation of Se in birds will be substantially reduced by provisions in the NTS that are not in place today in SDC. For example, the following management measures included in the NTS Plan will help limit existing Se accumulations: (a) monitoring and testing in the NTS sediments . and removal of sediments when numerical limits identified in the NTS Plan are met; (b) • monitoring and testing of plant tissue and plant removal if certain standards are not met. Selenium is a problematic toxicant since it cycles rapidly from biologically unavailable to bioavailable forms during wetting and drying cycles and has much more effect on water birds than on most other wildlife. Selenium has an unusually small range between that level needed for life's processes and the level causing toxicity. If the existing toxic situation in SDC is to be improved, transfer of bioavailable Se as quickly as possible from the water to a permanently immobile state is needed. Such a transfer is not possible in the NTS without some exposure of wildlife to Se. Thus a second need is to enhance the habitat to balance any deleterious effects of Se to produce a net environmental benefit. Such net benefits have been achieved in constructed wetlands in California with approximately the same Se inflows (1-30 ppb) although there is still debate on the degree of net benefit. Balancing benefit with some cost provides a possible method to greatly improve the present situation. The essence of the NTS method to reduce harm to wildlife is that there is a spatial separation between pollutants and wildlife. Vertical, spatial separation is present between the wildlife section (upper oxygenated waters, open ponds) and the pollution treatment section (anoxic lower sediment, dense vegetation) in both upper and lower wetlands. A good example of the process is the growth of plants such as bulrush or cattail that can grow on Se -rich sediments but whose aboveground seeds and stems do not contain Se. Mallard, a sensitive species to Se, feeds extensively on bulrush seeds. A horizontal separation also occurs since the relatively wildlife friendly sections are located at the downstream end of the NTS where pollutants are lower than at the inflow. Nonetheless, it is inevitable that any toxicant present in surface waters has the potential to enter the food web. In • the NTS this exposure time is designed to be shorter and the pollutant is destroyed or immobilized more rapidly (hours to days) than it would be in the current situation. At present, wildlife in the SDC is exposed to active forms of pollutants for long periods (weeks). Depending on location, Se is present in variable amounts in SDC and has the potential to cause harm to birds if it accumulates through the food chain. This memo discusses potential benefits and potential adverse impacts that might occur if the NTS system is used in the current SDC watershed. Selenium is a rare earth element discovered by the famous Swedish chemist J. J. Berzilius in 1817 and named after the moon (Greek = selen) due to the silvery color of one of its solid forms and its resemblance to another rare earth, tellurium. hi 1645, the Welsh essayist and Member of Parliament for Yorkshire, James Howell, described moon people as "selenites." Today selenitic is used to describe flowers that only open under moonlight. It is quite a coincidence that the main uses of Se by humans is in terms of its light altering properties that were not known to Berzilius. Most people know Se as producing the red, color in automobile taillights and as the vital ingredient in the photovoltaic cells now so common in our society. Selenium was formerly an ingredient in photocopiers. Described as a metalloid, Se has properties of both metals and non-metals. Se is vital for human health and many take dietary supplements containing Se. Se was identified as an environmental toxin when illnesses in horses ridden by the US Army in the Dakotas were noted (Madison, 1860; Franke, 1934). In contrast to its toxin -like characteristics, Se has also been identified as a trace element deficient from soils and vegetation in agricultural areas all over the world (NAS, 1983). In the Central Valley of California, both • deficiency and excess of Se are present within a few miles of each other due to the geology of the area. The Sierra Nevada Mountains forming the eastern boundary of the Central Valley are igneous granite and low in Se. The sedimentary western Coast Range hills are former ocean deposits, patchily rich in Se, and the source of Se in the SDC watershed in Orange County. The • origin of the Se in the sedimentary rocks of the Coast Range hills is marine biota, deposited as sediment (Barnes, 1985). The ocean is rich in soluble Se relative to freshwaters and algae that comprise most of the biomass greatly concentrate the element before sinking to the sediments. In California, Se problems reported to date have generally been related to agricultural practices and oil refining. However, higher Se in the SDC appears to have been caused by changes in groundwater and watershed drainage. In SDC drainage the center of Se is the former Swamp of the Frogs (SOF). It is not clear if the wetland was a swamp (i.e. dominated by trees), a marsh (dominated by emergent macrophytes), but a combination of a willow thicket swamp and a cattail/bulrush marsh seems most likely judging from other wetlands in the area. The SOP was quite large and extended to areas above 100 feet elevation with slopes of 1% (Trimble,1998). Trimble infers that the SOF resulted from groundwater springs and seeps and did not drain to the rest of the watershed, although it may have partially dried up drought years. The Monterey Formation which underlies much of the area and outcrops in the NE of El Toro MCAS is a known source of Se (Reeder, pers. comm.). In order to use the land for farming and later the El Toro base, drainage of the SOF was necessary. At present the drainage of the groundwater flow, and perhaps nitrate concentrations, around the SOF apparently controls the Se flow to SDC. Irrigated agriculture in semi -arid climates, such as the Central Valley, causes Se to accumulate in soils and requires sub -surface drainage to prevent salt accumulation in the surface soils. Salts eventually build up and harm plants. The tile drain effluent, essentially a soil leachate, is collected in evaporation ponds where dissolved Se then follows several interrelated paths. Much . of the Se is reduced to insoluble forms in anoxic (meaning no oxygen) conditions of the pond sediments. Another portion of the soluble Se is taken up by the base of the food chain (microbes including bacteria and algae as well as higher plants). Aquatic invertebrates such as insects and worms feed on the base of the food chain. Consumption of Se -rich plants and seeds or insects by birds can then lead to toxicity if Se has accumulated to high enough levels in the biota. Se will remain immobile in soils so long as they are either dry or anoxic if wet (NAS,1983). However, irrigation can produce the combination of excess water, oxygen and nitrate that allows Se to mobilize in the shallow groundwater (up to 500 ppb over the background levels of <2 ppb; USBR, 1986b). In addition, high nitrate levels (>20 ppm NOs-N) (typical of modern agriculture) inhibit Se reduction and removal from water (LBL, 1987a; Weres et al., 1989). High nitrate was found in the same area but with a slightly downstream source and presumably hinders any natural reduction and restoration of Se. The Reduction -Oxidation (redox) potential for selenate or selenate lies below that of nitrate. Therefore, in theory all nitrate must be totally reduced to nitrogen gas before the native bacteria reduce soluble and bioavailable selenate/selenate to insoluble and non -available Se metal. The redox level applies to both groundwater and surface water but, paradoxically, Se removal in a wetland does not depend on removal of the entire nitrate pool. In SJM about 25.43% of nitrate is removed and about 30% of the Se. For such removal to occur there must be spatial patchiness of the reducing zones. In SJM the shallow open water areas are often fully oxygenated in both water and surface sediments (M. Fleming - Singer, 2002 and OC)WD monitoring data). In contrast, the deeper anti -predator trenches now often covered with floating mats of bulrush are anoxic for much of the time. Thus some nitrate and Se apparently pass through the system while in other areas, another fraction is reduced. Any natural organic matter, such as flows from dead vegetation or the soil organic fraction, could 40 reduce selenate/selenite, but the readily available fraction is presumably being used up by nitrate • instead in the SDC shallow groundwater. 2.0 PROPERTIES OF SELENIUM 2.1 Potential Toxic Effect The Selenium (Se) atom is slightly larger than sulfur (S) but similar in many of its chemical properties. It is so similar that living organisms replace S with Se in their body biochemistry. If Se is substituted in S-containing amino acids, the resultant proteins and enzymes fail to work. This is because Se is slightly larger than S causing the resultant electrochemical "lock and key" mechanism to fail. Se is so rare that the body has no ability to protect from excess, even though Se is a needed element for healthy growth of animals. Therefore, when supplied in excess, Se bioaccumulates in the body and is only slowly depurated back to the ecosystem (Horne, 1994). Like many pollutants, the main route of Se in aquatic ecosystems to birds and the higher trophic levels is through the food chain. Soluble, bioavailable Se is rapidly taken up by the lower trophic levels, bacteria, algae and aquatic plants. Se is an element of concern because there is an unusually small range of concentrations (1-2 orders of magnitude) between the beneficial and no -effect levels and toxic levels. Animals feeding on Se -contaminated plants retain more Se than they excrete, resulting in bioaccumulation. In nature, bioaccumulation primarily depends on the average contamination of the food, the length of the life cycle, and species to species differences. The net result is that although the higher trophic level tend to contain the most Se, the highest Se concentrations can be found at any part of the food web. Selenium, like most • other metals, differs from fat-soluble organic compounds (DDT, PCB), which biomagnify considerably to the top trophic levels (often birds). Recent results indicate that biomagnification of Se may occur in Lake Macquarie, NSW, Australia (Barwick & Maher, 2003) but the mechanism for such increases remains unknown. Perhaps most important is that the degree and thus danger of biomagnification is much less for Se than for pesticides. Depending on how the food chain is defined and which organisms are selected for the food chain the extent of Se biomagnification by SDC food web in 2003 approximated —3 to + 15 (Horne, 2003). Once Se has bioaccumulated or biomagnified to harmful levels, there are numerous ways in which excess Se may show effects. They can be summarized as follows: In Humans: Bioaccumulation symptoms include depression, hair and nail loss, a characteristic "garlic -like" breath, dental caries, ALS (amyotrophic lateral sclerosis), and possibly birth defects. It should be noted that only four people have died by consuming excess Se in food in the US. All were farm laborers in the dry central region that includes the Dakotas. They died of ALS having almost exclusively eaten locally grown produce high in Se for many years. In China, dozens of people showed hair loss, nail problems, and skin erythema and at least one died from exposure to food and water containing Se. • In Animals: Bioaccumulation symptoms include garlic breath, tremors, respiratory failure, death, and liver and kidney congestion (with blood). Some aquatic birds are • particularly sensitive to excess Se and effects are shown most readily by reproductive failure (eggs do not hatch, chicks have fatal birth defects or do not survive to adult stages). 2.2 Factors Important to Potential Toxicity 2.2.1 Forms of Selenium Present • Se, like sulfur, has several stable chemical states that depend on the environmental conditions. In semi -arid soils such as the California Coast Range, Se is present in its most oxidized form of selenate (SeO4). In local areas the Se may be present as a dried crust on the soil in some form such as the sodium salt, When wetted the salt dissociates, producing soluble selenate (like sulfate) that can easily be transported with surface runoff or vadose zone (shallow, oxidized soil layer) groundwater to creeks such as San Diego Creek (SDC). In the Coast Range selenate is the most stable form of soluble Se in lakes and streams, as well as anywhere where there is a normal supply of dissolved oxygen (DO). However, if conditions for uptake are present selenate will be taken up ,into plants and may then be converted to organic Se. The uptake process is slow, however, as can be seen by the fact that soluble selenate in SDC remains for weeks as it passes downstream over sediments and through stands of plants. If DO falls to low levels, eventually reaching zero, selenate is converted to selenite (Se IV, HSeO3 and SeO3) and then to Se (a metal usually as a distinctive reddish precipitate when sufficiently concentrated). In animal or plant tissues, selenate can be reduced to form various -Se-H linkages. The most important of these organo-selenium compounds arc the gas, dimethylselenide, and the amino -acid, selenomethionine. In mammals and birds Se plays its most important function, that of co -factor in cancer prevention (thus the reason why humans take Se supplements): Glutathione peroxidase needs Se to function as its co -factor and is essential to removing cancer -causing free oxygen radicals in mammalian cell membranes. In global biogeochemical cycles, Se moves through the atmosphere primarily as • dimethylselenide (a gas (CH3-Se-CH3) similar to hydrogen sulfide (H-S-H)) and dimethlydiselenide. The gaseous form is the agent for the natural cycling of Se from soil and water to the atmosphere. However, in aquatic systems most Se normally accumulates in the sediments and not in the atmosphere. Se is an extremely mobile element in terms of rapid changes from one species to another (e.g., Se (IV) to Se(0) or more slowly in the reverse reaction]. Mixtures of different chemical forms of Se are often observed in water, sediments, and plant tissues (Zhi-Quing Lin, pers. com.). Wetting of oxidizing soils mobilizes the already soluble Se (IV and VI) forms. It is also reasonable to assume that a continuous supply of oxygenated or nitrate -containing waters low in organic carbon will also promote oxidation of Se (0) in soils but limited information is currently available on the kinetics of this reaction. Regardless of the exact mechanism, soluble and bioavailable Se is rapidly released from wetted soils. The release is the cause of the Se currently present in SDC. The reverse is also true in that soluble selenate is soon converted back to insoluble metallic Se° if excreted in conditions of low DO, low nitrate, and high organic carbon. Wetlands, such as the SOF, are normally low in DO and nitrate, and high in organic carbon, and thus tend to trap Se as the metallic precipitate or as -Se-H in dead tissue. The fate of reduced Se in body tissues under anoxic conditions is less well known but it is also held firmly under anoxic conditions. When oxidized, the SOF lost Se in a soluble form as Se metal was oxidized. That is presumably the situation at present and likely the scenario for millennia in the past as rainfall and drought cycles occurred. The different forms of Se have different toxicities and affect animals in laboratory cultures in different ways. However, in natural conditions such as Peters Canyon Wash (PCW), SDC, and . the NTS, all conditions from fully oxidized to fully reduced occur and most Se species will be 10 present at various concentrations over time and will cycle from one form to another at varying • rates. Selenomethionine is one of the most toxic Se forms and is generally considered to be the form present in many food items. However, all forms can be important in toxicology (Fan & Cutter, 1998) because all forms present may potentially be converted to the more toxic species. In terms of Se in the various trophic levels, the initial water typically contains mostly selenate. Plants and animals contain Se mostly in organic forms, and generally in the specific form of amino acid selenomethionine. This change is unimportant in comparing the different trophic levels since the algae and plants make the change from inorganic selenate or selenite to the organic selenomethane form. 2.2.2 Access to Selenium by the Food Chain Se can be taken up by animals and plants as several inorganic and organic forms but is usually present in water as the soluble selenate ion. In practice the lower parts of the food chain such as algae, higher plants and bacteria usually take up Se in the environment. Thus Se generally reaches the top of the food chain via the lower parts of the chain. It takes some months or years before equilibrium is reached so that Se concentrations measured in the water at any instance is not necessarily well related to the Se found at the same time in the higher organisms such as birds. The higher organisms' Se level relates to the food consumed which will change in Se content over time as the organisms switch from prey to prey or move from contaminated to uncontaminated sites. Se levels in nature seems to be distributed according to food preference, age of the animal, lifespan, Se excretion rates relative to intake, diet preferences, and the individual ability to store • Se (see table 1 below and Home, 1994). Certainly this was true in Peters Canyon Wash (PCW) in 2002, where the highest Se was found in the lower to middle portion of the food web (chironomids) and not in the fish and predatory invertebrates (mosquito fish, dragonfly larvae). The situation in PCW may be explained by the likely diet of the predatory invertebrates. Studies of eastern mosquitofish showed that chironomid larvae comprised only 10% of their diet (Stober et al., 1998) and adult midges were 36% of the diet. Such findings correspond to the mostly surface feeding habits of mosquitofish. Adult midges live for only a week or so and the larvae spend most of their time in the sediments where mosquitofish may not forage. However, midge pupae are planktonic and float near the surface for some days where they would be possible targets for surface foragers. Se found in the mosquitofish in SDC was much lower than in chironomids, also suggesting that they are not the dominant source of food. Dragonfly and damselfly nymphs were also lower in Se than chironomid larvae and these two predatory nymphs may crawl around the sediments to feed on chironomids. From a bird toxicity viewpoint chironomids assume a more important role as they comprise for example, over 50% of the diet of pintail ducks and green -winged teal in spring prior to breeding in the Kern National Wildlife Refuges where "the majority of foods eaten in January and February are invertebrates, mainly chironomids larvae." (Euliss, 1984). Similar findings were made in Los Banos (Connelly & Chesmore, 1980; Beam & Gruenhagen, 1980), for three northern California wildlife refuges (Miller, 1984) and in more generalized food reports (Martin et al., 1951; Bellrose, 1978). However, mallard, a sensitive species with regard to Se toxicity (Ohlendorf, 2003), feeds mostly on seeds and plants and increases its insect food component • only slightly in late winter prior to egg laying. 11 In the marshes of Kesterson Reservoir, for similar species to the SDC watershed, there was no particular bioaccumulation or biomagnification pattern with all vegetation and all herbivores • showing similar Se tissue levels (76 and 86 ppm dw respectively but with vegetation ranges of 12-67 and some seeds to over 1,000 pprn dw and herbivores ranging from 8 to 263 ppm dw, Table 1). Lumped carnivores at Kesterson showed an increase of 2.6 times in Se to 214 ppm dw (range 107-276). SDC showed a similar trophic level distribution but with much lower Se concentrations-3.3 ppm dw for all vegetation, 11 ppm dw for all herbivores/detritivores, and 15.2 ppm dw for all carnivores (Table 1). Thus a gross biomaguification value of4.6 was found (15.2/3.3). In the SDC Watershed chironomid (midge) larvae contained the highest Se levels. Chironomid larvae are grouped in the herbivore category (middle trophic level) for comparative purposes because they ingest fine particulate food (Rutherford, 2000). In some senses chironomid larvae are detritivores but true detritus (dead organic matters such as fragments of leaves or plant stems are poor food compared with living algae or the biofihn (that coats most larger detritus particles). Very detailed studies of the food web of all the inhabitants of the Se -polluted marshes at Kesterson Reservoir, including gut analysis showed that living matter was the main source of food for chironomids (Horne & Roth, 1989; Horne & Goldman,1994 pg. 430, Fig. 18-2). The diet of chironomids in SDC may warrant such detailed examination since mosquito fish were the most common species in the carnivore category and were found to contain lower Se levels than chironomid larvae (Horne, 2003). However, this analysis is at the research level and may need to measure the stable isotope ratios (C 12/C13 and N14/N14) which is also a research level project. While included in the carnivore category (upper trophic level), mosquito fish may not be able to feed on chironomids except during their planktonic pupal phase or as adults. The overall mean values in Table 1 show a trend of increasing Se moving from the lower to • upper trophic levels. However, it is not clear if this trend indicates biomagnification of Se in the food web since some individual groups of herbivores and carnivores show both high and low Se content. Some species of plants and animals present in PCW did not occur in the Santa Fe Channel (SFC) and vice versa. Also it is difficult to separate the effects of exposure and feeding habits within the biota sampled. To make the best comparison biota from Kesterson were selected to be most similar to those found at either PCW or SFC. (Horne, 2003.) • 12 • • Table 1. Summary of selenium (ppm dry weight) in the main trophic levels in the Se - contaminated section of San Diego Creek in fall 2002. Site/Organism San Diego Creek Kesterson Reservoir - marsh sections` Peters Canyon Wash Total Se in In water 30 5-350 Mean for vegetation 5.5 33-115 Mean for all herbivores 18.4 97-180 Mean for herbivores minus chironomid larvae 8.9 Mean for all carnivores 17.9 145-284 Santa Fe Channel Total Se in water 17 5-350 Mean for vegetation 1.0 27-128 Mean for all herbivores 3.7 8-57 Mean for all carnivores 12.5 145-284 All San Diego Creek sites combined (PCW + SFC) All vegetation 3.3 76 All herbivores 11 86 All carnivores 15.2 214 Highest values Algae 6.7 234 Plant seeds Not collectable 852-1,806 Plant stems 8.1 135 Animals 49.3 276 1 ' Data from Horne & Roth, 1989 for Ponds 5 and 5A at Kesterson. 2 The average Se in water entering Kesterson has been estimated as — 300 ppb (Ohlendorf, 1989) who also quotes values of 106-451 ppb for the inflowing San Luis Drain water (Ohlendorf, 2002). Also higher values (— 350 ppb) were recorded in the ephemeral pools (Pond 11) as late as February 1987 (synoptic studies for USBR by CH2M-Hill and the University of California at Berkeley). These higher values are probably due to the upward migration of water in winter leaching out high Se from the soil. ;' Chironomid larvae are grouped into this trophic level for comparative purposes. They feed on fine particulate matter that may include dead plant fragments (detritus) and also on the more nutritious algae that sink to the sediments. This category includes mosquitofish that are normally surface feeders and may not be able to reach the benthic chironomid larvae about 10-50 cm deep. However, chironomids have a planktonic pupal phase that would be available to mosquitofish. If chironomids are excluded from the diet of mosquitofish a small biomagnification is shown. 5 Data from the 0.5 and I foot excavation and flooding experiments in Pond 6 at Kesterson Reservoir in Feb -March 1988 (Horne & Roth, 1988. Report to USBR). Base offood Chain. In almost any ecosystem the base of the food chain is made up of primary producers such as algae and plants. Algae and plants also contain the vast majority of the biomass of both living tissue (— 95%) and dead material that soon becomes part of the sediments. Thus most of the Se in any ecosystem will soon be found in the sediments. For example, in the marshes of Kesterson Reservoir about 95% (possibly greater) of all Se added was found in the • sediments. Of the remaining 5% almost all was present in algae, bacteria and aquatic plants. The higher trophic levels such as insects and fish contain very 13 little of the total ecosystem Se but can still be toxic to birds that feed on them. However, the concentration of Se varies from species to species and can be • highest in any trophic level. However, a simple concentration factor from water to tissue (dry wt.) for Se ranges from 1,000 to 10,000. Herbivores &Detritivores. Herbivores are animals that feed on bacteria, algae, or plants such as duckweed or cattails. Detritivores depend on fine particulate matter which may be both dead and living material with both plant and animal origins. Aquatic organisms including chironomids (midge larvae), some damselfly larvae, snails and caddisfly larvae are usually described as herbivores. However, it is difficult to be fully concise with the definition of a herbivore since some animals may eat both animals and plants (omnivores) and some eat only detritus that has a variable source (detritivores) and often includes nutritious live algae and plant fragments coated with living biofilms. Chironomids (midges) are usually the most common visible invertebrates in many aquatic ecosystems. Chironomids and otherherbivores feed and live in the sediments or on plants and graze the biofilm. A main route of uptake of Se in wetlands is likely to be from the water to the biofilm. In environments such as streams, the living biofllm is composed of a microbial matrix mostly of bacteria and attached algae. Also present are some simple fungi, protozoans, rotifers, and nematodes. The biofilm normally coats all particles in the stream, living and dead, including detritus of all kinds. In many cases " dead detritus" such as a leaf fragment and the living biofilm are present together. However, there is little nutritional value to be gained by stream insects or worms if they ingest detritus that is not coated by the biofilm. In fact they will actively reject such "clean" detritus and select that with a • nutritious coating of living microbes (Kaushik, N. K. & N. B. Hynes, 1971; Horne & Goldman, 1994 pp. 370-71 & Pig. 16-13). The role of pure precipitates of Se (normally very small reddish balls of Se° formed by bacteria) seems not to become part of the food chain. Such precipitates of Se are found only in anoxic sediments and long-term experiments (2.3 years) show that they are not re- incorporated into the food web (Horne, 1991). Particles of high (pure) -Se matter, perhaps originating upstream in SDC will not be favored by the biofilm organisms since there is no nutritional value in Se. However, any such high -Se particles could become covered by first a film of proteins, then bacteria, then algae and so on. Even substrates such as glass, tile, even ammunition boxes in streams follow this evolution from a clean surface to once covered with a living biofilm. Any biofilm that formed on a Se -rich detrital particle would take up Se if the Se were in a bioavailable form. In this way the biofilm would become richer in Se just as if it were exposed to Se in the water column. In SDC both these processes may occur. In the NTS it is expected that more of the detrital and soluble Se will be immobilized in the permanently anoxic sediments relative to the current situation in the creek where Se is continually recycled with seasonal floods and low summer flows. - hi PCW, chvronomids were common in the mud that accumulated in the deeper pools at depths of 10-50 cm. Chironomids construct small tubes in the mud and the time spent there depends on food and temperature. The time taken before they hatch out as aerial adult midges can range from less than a year in rich warm 14 waters to over 4 years in some oligotrophic polar lakes. In SDC it is probable that the chironomids live for 1-2 years before hatching and thus have ample time to accumulate Se, from their food. The most nutritious food for SDC chironomids is algae and living particulate matter falling to the sediments in the slower flow of the pools. Long-term observations of chironomids in shallow waters indicate that their growth patterns are dependent on the seasonal fluctuations of algae falling from the open waters (Jonasson, 1978). The same growth dynamic are likely in the pools of SDC. Furthermore, chironomids that occupy the mid -part of the food web in PCW had the most Se in their tissues (— 48 ppm dw). Submerged and semi -emergent plants, snails, and small shrimp -like creatures (scuds) had relatively low Se (7-10 ppm dw), while dragonfly larvae and mosquitofish had intermediate amounts of Se (14 & 30 ppm dw respectively) (dragonflies are carnivorous and mosquitofish are omnivorous). In contrast, the emergent vegetation and algae at that time had bio-accumulated little Se (3-7 ppm dw). At the time of collection the water contained about 30 ppb, a high level for natural waters. Fish and predatory invertebrates. Fish and larger insect larvae such as dragonflies eat chironomids and other small invertebrates. In PCW, mosquitofish and dragonflies were quite common and provide a large morsel for birds to eat. Scuds were also common. In PCW, a bird switching its diet from chironomids to scuds in November 2002 would have lowered its Se exposure though the diet by about 80% (from — 48 ppm to —9 ppm). These two prey items were present within a few inches of each other at this site and equally available to birds. • — Birds. As with most of the food web, birds acquire their Se from their food. The big difference between birds and all of the other aquatic components of the food web is that birds may not stay in one location to eat. However, breeding birds tend to forage in the vicinity of the nest and the foraging radius will vary with the species. In the case of shorebirds this radius can be relatively small leading to some extreme Se exposures if local diets are high in Se (S. Schwarzbach, pers. comm.). Although many stream insects drift to new sites during darkness, a snail or a midge larva may spend its entire aquatic life in a single pool. Thus birds may consume high Se -contaminated prey (chironomids) in pools in PCW and then fly to a golf course pond or the ocean and eat insects and other benthic invertebrates that contain negligible Se. It is possible that some birds or bird species in the San Diego Creek Watershed may limit their feeding inside or outside of the existing Se rich areas. In particular, the light-footed clapper rail, a rare species, prefer to remain in one area during nesting season but may range more widely in other seasons. Therefore, in general terms, the Se in birds represents the mosaic of Se in the entire area, not just one site. An exception can occur if the contaminated system is very large and very rich in food. For example, the marshes at Kesterson Reservoir covered over 1,200 acres and was designed and managed to produce food for birds. It was contaminated with Se inflows about 20 times higher than San Diego Creek (300 ppb versus 20 ppb). Much of the SDC watershed available to birds is contaminated with Se from the SOF site. The area of contamination • and its value as bird feeding habitat is not known. However, some large areas, for example the 100 acres of Irvine Lakes at Woodbridge is supplied by groundwater 15 that may not contain Se. Similarly, those ponds on golf courses and similar ornamental sites are supplied by low Se water from the IRWD recycling plant. . The Irvine Lakes were estimated to produce as many at 12 million adult chironomids each summer night (Horne, 1995) and could supply a potentially low -Se diet to wildlife in the region. Birds are most susceptible to the Se during the late winter and early spring when their diet moves from only high-energy sources such as seeds to include a high protein diet needed to produce eggs (see earlier discussion above). Eating insects as well as vegetable matter and seeds provides high protein diets. Any Se in the insects or seeds consumed at this time may find its way into eggs that thus can be an indication for how much Se the birds are consuming at this critical time. Setting standards for "safe" levels of Se for consumption for birds based on Se in their eggs, water, or prey items is controversial at this time. There is much debate on this matter (Canton & Derveer, 1997; Skorupa, 1998a-b & 1999; Deforest et al., 1999; Fairbrother et a1.,1999 & 2000, Ohlendorf, 2003). At present in SDC, the most concentrated source of Se is present in chironomids living in sediment 10-60 cm deep. Mallard and other ducks that feed by dabbling and shallow diving to less than 1 meter could be exposed to this source (Handbook of Birds, 1977). A very useful number for monitoring year-round effects of Se is the "safe" value for food. An estimated dietary exposure of 4.9 ppm was provided by Ohlendorf (2003) for mallard that are one of the most sensitive bird species for Se toxicity. Ohlendorf use the ECIO (i.e. an effect less than death on 10% of the chicks) as his . criteria but other numbers including EC5 or EC20 could also be used. If Ohlendorf s food value of — 5 ppm is true for SDC mallards then real harm is accumulating at present in the watershed since much potential mallard prey has values of Se up to 10 times his recommendation. However, mallard eggs from San Joaquin Marsh, the only NTS constructed so far contained only 4-7 ppm, above background but well below Ohlendorf's EC10 value of 12 ppm, despite being supplied with relatively high Se water (— 15 ppb) from SDC. One possible answer is that main items of Mallard diet are likely to be the seeds of plants such as bulrush (Martin et al., 1951; Bellrose, 1978). Such seeds probably have very low Se in both SDC and SJM. Based on detailed studies at Kesterson Reservoir, most rooted macrophytes growing on high -Se soil do not pass Se further than the roots (Horne & Roth, 1989 especially Figs. 5.1.6, 5.1.7, 5.3.6 & 5.4.5 therein). In addition, the relatively small size and low productivity of the San Joaquin Marsh may encourage foraging outside the marsh diluting the overall Se input. There is a productive region between the SJM proper and the top of the berms that contains a good supply of terrestrial insects that is available to an opportunist forager such as mallard that often resorts to nesting sites distant from water. Further consideration of the effect on species of concern (usually buds) of low and medium levels of Se in water (e.g., the <2 to 31 ppb in the SDC watershed, Table 3) is needed in light of the latest finding from many sources. In laboratory xperinients. With a clear line of constant food and a constant • concentration of Se, various workers have arrived at recommendations for a 16 "safe" level of Se in bird eggs and bird food on the basis of studies with birds • provided with a diet of known and constant Se composition. For bird eggs these values vary from as low as 2 ppm dw (Skompa, 1998) to 37 ppm dw (Fairbrother et al., 1999 p. 1251). This range covers many eggs assayed for Se, and overlaps some at highly contaminated sites such as Kesterson (Table 2). A recent work (Fairbrother et al., 1999) using more sophisticated toxicity analysis indicates that a commonly used toxicity effects threshold the LCIO or LC20 (one that is lethal to, i.e. kills 10 or 20% of the chick population) is 16 and 21 ppm dw for the eggs. These relatively high values used the most sensitive test, chick mortality. Other workers using different bird species have arrived at somewhat lower ECIO values for mallard eggs of 12-15 ppm (Adams et al., 2003) and 12.5 ppm (Ohlendorf, 2003). Mallard are considered to be sensitive to Se. Numerical guidelines such as LC and EC can be set at very low levels such as a Se level that would affect only 0.1% or 1% of the population. The reason that lower percentage values are not used is that other factors also result in chick deaths. The problems of extrapolating the effects of low doses of a potential toxicant from those measured at higher levels are insurmountable for mathematical and practical reasons (Home, 2003). At low doses thousands of chicks would have to be exposed at each dose in order to find the effect (since the chick population has a natural range of tolerance for Se). Even when millions of individuals are exposed, there will still be uncertainty in the shape of the dose response curve for low levels of exposure due to natural variation in the population. 17 Table 2. Selenium in eggs of birds in various sites. The relationship between Se in water and that in eggs is not simple and possibly depends on the diet of the birds • (compare Kesterson and Wyoming). Bird species So in egg (ppm) Se in water b Ref. Marshes at Kesterson Overall in 1986 2-83 79-242° 1 Stilts,1983-85 25-36 means 79.242° 2 Stilts, 1986 44 mean 1 .Avocet 1983-86 7-32 means 2 Avocet, 1986 38 mean 1 Killdeer,1984-85 33.47 means 2 Killdeer, 1986 32 mean 1 Mallard, 1983-85 12-15 means 2 Westlake Farms eva oration basins, 1987-96 Avocet 5-7 means 3-12 3 Avocet 1-10 (range) 3 Stilts 3-10 (range) 3 Wyoming Grassland Redwing blackbird 13-22 340450 4 Stewart Lake, Utah Black -crowned night heron 18 5 (lake) —100 drains 5 Cinnamon teal 10 5 Western Grebe 25 5 Canada Goose 4 5 Yellow headed blackbird 6 S San Francisco Bay All birds 2.7 (mean of 98 eggs) Ran a =1-8 Variable but low 6 Song sparrows 2-4.5 1 7 San Joa In Marsh(existing NTS site Avocet 11,2, 17.2 15 8 Black -necked Stilt 3.4 8 Killdeer 2.6, 7.1 8 Mallard 4.0, 6.7 8 Grasslands California Ducks,1984 1 4.5 50 2 Avocets,1984 1 5.8 2 1.F. Favoeglio, USFWS, September 1987.2. Ohlendorf & Hothem, 2003.3 Gordus, 1999.4. Ramerez & Rogers, 2002.5. Stephens et al., 1992.6. CALFED/Schwarzback & Adelsbach 2002.7. Observer 128 Spring 2002.8. Byard, 2003. a. Range in the largest pond (#5) 79-242 ppb (November 1985 to May 1986 = period over which birds would be feeding and nesting) with values dropping rapidly during this time. 10 • • • Table 3. Historical selenium data from San Diego Creek. Data collected by the Orange County PF&RD (probably at Campus Drive). Table taken from Horne 2003, report to Santa Ana Regional Water Quality Control Board, May 2003. Analytical methods used are not known at this time. Date Se b # Composites June1973 26 1 Aug. 1973 22 1 January 74 18 1 July 1974 18 1 Jan.1975 31 1 July 1975 14 1 5-6 April 76 5 25 Jan 17-18 1977 5 24 Jan 18 1977 31 1 July 1977 21 1 30-31 Oct. 1978 <2 25 October 1979 4 1 5-6 May 1980 5 24 6 May 1980 5 1 6-7 Oct. 1980 < 2 25 11-12 Nov. 1981 10 26 7-8 July 1982 20 22 Nov.1982 <10 1 May 1983 <5 1 10-11 Oct. 1983 5 24 May 1984 13 1 13-14 Nov. 1984 <5 25 Nov. 1984 15 1 Oct. 1985 15 1 Oct. 1986 <20 1 May 1987 20 1 Mean for all days 13.5 N 26 Std dev 9.2 Mean or dry periods'11.9 22 Mean for wet season 21.3 4 Mean for October 9.2 5 Mean for November 11.3 4 1 The wet season is assumed to be the three-month period of January -March Other more recent measurements show dry weather flow averages of 20-30 ppb in Peters Canyon Wash (PCW) in the upper part of the lower watershed between Como Channel and SDC. Below the junction of SDC and PCW concentrations of Se fell to 13-20 ppb (Reeder, SARWQCB, pens. comm.). Thus the recent dry weather flows appear to exceed the historical values by about a relatively small amount (I to 8 ppb). Values shown as > were taken as = to; i.e. > 2 was taken to =2 rather than half the detection or PQL. 19 In-freld experiments. When birds feed in their natural environment they select animal or plant prey in varying amounts and with varying Se contents (see earlier . discussion). As mentioned previously, any correlation between Se in prey and eggs or toxicity is much more difficult to make than with lab studies, and this issue is a topic of active debate and controversy in the literature. Probably because the dose (prey Se) is variable, investigators have suggested lower Se threshold values for "safe" Se in eggs (the response) than was found for the lab studies where the dose is well defined. For example, Skorupa (1999) states that <10 ppm Se dw for bird eggs is an appropriate safe exposure based on both laboratory and field data. The Se value of 4.9 ppm in food for and EC10 for mallard egg hatchability was discussed earlier (Ohlendorf, 2003), Because mallard are a sensitive species using Ohlendorf's value of 4.9 for food could be used as a "benchmark" protective for other birds. However, given the need to consider the foods actually eaten by mallard (many bulrush seeds likely to have low Se) compared with coryxids eaten by avocet that are likely to have a higher Se value, some flexibility is needed in setting an overall food benchmark for Se. In prey. The NTS was designed so that the number of such attractive prey and their pollution body burden would decrease, thus lowering the overall toxicity in the watershed. The number of attractive prey will be reduced by measures in the NTS that include reduction in submerged aquatic vegetation and open water areas relative to the existing situation in SDC. The lowering of the overall toxicity of the watershed will occur since Se immobilized and sequestrated in the sediments of the NTS will not become available again while that in SDC is currently re- mobilized by each flood and wetting and drying cycle. Prudent engineering design and monitoring ensures that potential toxicity will be detected at an early stage and properly managed. The proposed project includes monitoring of Se in the food web as described in the Master Plan (2003, Table 7.2). The concept of adaptive management is clear in the NTS (Master Plan, 2003, Chap. 1, p. 11; Chap. 7.6, p. 131 & Chap. 11 pp. 157-160) and the extensive monitoring of key bins is the feedback loop that ensures that toxicity will be minimized. Other suidelines. The US Department of the Interior, an agency that includes both the Fish and Wildlife Service and the Bureau of Reclamation has produced a series of general guidelines for Se for use in irrigation drainwater management (Table 4). It can be seen that most of the SDC watershed below the SOF seeps would be higher in all components (media in Table 4) than the guidelines. • 20 • Table 4. Guidelines used by the USDI for remediation and managing selenium in irrigation drainwater in USBR nroiects. Recommended Ecological Risk Guidelines for Selenium Medium Effects on Units No effect Level of Toxicity concern Warmwater fish, whole Growth, survival, Ppm dw <4 4-9 >9 body condition Vegetation in diet Bird reproduction Ppm dw <3 3-7 >7 Invertebrates in diet Bird reproduction Ppm dw <3 .3-7 >7 Sediment Fish & bird Ppm cw <2 2-4 >4 reproduction Water (total recoverable Se) Fish & bird Ppb < 2 2-5 >5 reproduction via food chain Avian egg Egg hatchability Ppm dw <6 6.10 >10 2.2.3 Design Elements: Description of hydraulics of NTS settling basins and wetlands where Se can be removed and immobilized or bio-accumulated Dead -End Evaporative Systems The majority of the Se -contaminated areas in California are agricultural sumps where contaminated groundwater from tile drains is stored until it evaporates. Many industrial chemicals are still treated in this fashion. Kesterson Reservoir was also an evaporative sump although some water did also pass down into the groundwater. More contaminant will accumulate in a sump than in a flow -through system. The NTS are not sumps but flow -though wetlands with 1-2 weeks of hydraulic residence time. • Storm water Systems. All NTS facilities are intended to treat low flows and with the exception of the in -line basins, NTS sites are also designed to treat runoff from small storm events. The design consists of a detention basin at the uppermost end of the NTS followed by a wetland. Detention basins remove pollutants by slowing the flow of water down so that particles fall out and are held as sediments. Not very much of a decrease in water current is needed to settle out particles. The amount of removal of particles depends on the size and density of the particles, flow rates, and system scale. Large and heavy particles fall out in hours; smaller, lighter ones may require days. Detention basins have a hydraulic residence time for water that varies from a few hours to a few days, depending on the size of the basin and the size of the storm flow. Some idea of the amounts of suspended matter that can be removed using detention basins for urban storms is shown in Table-5. • Table 5. Amounts of pollutants removed from urban storm runoff by a detention basin with a mean hydraulic residence time of 18 hours. From Whipple & Randall, 1983. Pollutant type Percentage removal Total Suspended Solids (TSS) 60 Total phosphorus 45 Hydrocarbons 60 BOD 45 Lead 60 Copper 145 21 Based on extensive studies in Panoche and Silver Creeks by the USGS (see North State Resources & Stetson Engineering. 1999) it is expected that about half of the total Se in the storm . water (the coarser particles) entering the smaller upstream NTS in the SDC watershed will be in the particulate form. There is expected to be much less particulate Se in the lower sections of the watershed and soluble Se will dominate. In addition, some particles in the NTS will be detained by flocculation or entanglement with the biofilm of the NTS wetlands sections. The NTS is designed to deal with small storms and low flows, though of course the cumulative effect of several NTS facilities on the same stream will have a somewhat greater effect. Particulate and soluble matter in the larger storms will pass through the NTS, often by design since only the first flush will be captured at most NTS sites. According to Mount (1995) the effect of large floods on sediment transport in California streams is exaggerated. His work indicates that although large infrequent storms undoubtedly move large amounts of sediment, over decades the sediment moved by the more frequent annual storms is of equal magnitude. Given the small size of the overall NTS they are expected to remove minor amounts of the overall large sediment load transported in SDC. In SDC sediment transport is very large but is caused by down cutting of the creek bed due to land use changes upstream. That larger load must be reduced by better land use practices or other means. Flow -Through Systems. All of the NTS sites are flow -through systems but the in -line basins will have a more rapid flow following storms. Since the current is higher in the in -line NTS, there will be less sedimentation of all particles, including those containing Se. The amount of contaminant, such as Se, that will be removed and immobilized will depend on the amount of Se present, its form (particulate or soluble), the season (more removal expected in summer), the retention time of the water (longer retention = greater removal) and the kinds of plants and algae in the wetland section of the NTS. The existing IRWD SJM removed about 30% of the Se passing through it when operating with a 1-2 week hydraulic residence time (Draft Master Plan, March 2003, pp. 89-90, especially Fig. 4.17). In addition, bird eggs from this site showed Se levels below those considered harmful. Similar removals can be expected for the other NTS systems. In contrast, the Chevron Marsh removed up to 70% of the Se passing through, a better value than SJM, but Se in some bird egg rose to undesirable levels (Skorupa, 1998). In this case at least some of the inflowing Se passed through the marsh food web. However, the improved nesting habitat created by the Chevron Marsh gave a net benefit with more birds surviving than without the Se inflow (Ohlendorf, 2003). The Chevron marsh is quite large (-90 acres) and may have some properties that are dissimilar from the SJM. Thus further monitoring of the SJM is needed over time. Persistent Dry Weather Flows. These flows are likelyto be the most problematic with regard to Se toxicity since the dry spring -fall period is when plants and algae grow best and take up Se. The Se in persistent dry weather flows has been documented for only a few recent years by Hibbs & Lee (2000) and also in the long-term record (Table 3). Over the last 30 years Se in SDC has varied from less than 2 ppb to 31 ppb (Table 3), the latter levels being closer to the current values found by Hibbs and Lee (2000). Hibbs suspects that the low Se values in SDC are associated with storm events, a reasonable assumption if clean rain water dilutes the overall discharge. However, increased rains could also flush out Se not otherwise mobilized. Storms that last for a few days are not the same as wet season flows but the historical Se data (Table 3) does not directly support Hibbs's contention. In the wet season the historical average (21.3 ppb) is almost twice the value of the dry season flows (11.9 ppb). It is not clear what controls Se in • persistent dry weather flows. In addition, the end of the dry season shows much lower Se values 22 (9- 11 ppb, Table 3) indicating that the source of Se may be running out after a summer of • leaching. High Se Seeps. It is of concern to the Regional Board that the highest concentrations of Se are near shallow groundwater seeps during dry weather. If the concentration of Se from the seeps is fairly constant over time, organisms at the base of the food chain that take up Se will be exposed to a constant Se high source. Under these special conditions Se in the lower and less mobile higher trophic levels (algae, bacteria, plants) will be directly related to the Se in the water. If this is true of the high Se seeps, some of which may exceed 100 ppb, then a greater risk of potential toxicity will be present at these sites that are generally near the junction of Como Channel and PCW. It is less likely that higher trophic levels that occur near the seeps will be as highly contaminated because of lack of habitat and mobility. My observations of the existing biota in the immediate areas of the seeps (i. e. before dilution by the main flow of water in the channels) did not show the high Se concentrations that would be expected if high Se water from the seeps directly bathed the plants and animals nearby. One reason is that there is little good habitat near most seeps and that the overall biomass of algae and plants likely to be highly contaminated is small. Since there is little food, mobile animals such as crayfish or scuds appear to move through or go directly past the habitat and do not equilibrate with the potentially high Se levels in the algae and plants. However, the seep situation is unique to SDC and will not be replicated in the NTS. Nonetheless, it is part of the NTS design that the inflowing Se will flow into sections where birds are no encouraged by the layout of the wetland. If the NTS system is not constructed, the situation of very high Se near seeps and lower amounts elsewhere will remain as it is and any toxic threat will remain. If the NTS is constructed, the • higher levels of Se in water emanating from the seeps will be lowed by removal processes occurring in the NTS facilities further down the watershed. Furthermore, high -Se seeps will soon be diluted, even in dry weather, by the cleaner main flows. Work by Professors Hibbs and Mixner has begun to map the groundwater and surface water concentrations of nitrate and Se in the SDC watershed. Based on data up to the quarterly report of July 10, 2003, their hypothesis that SOF is the immediate source of Se seems to be sustained. The source of nitrate is presently envisaged as a separate anthropogenic accumulation slightly downstream of the estimated location of the SOF. A likely scenario over the millennia is that the anoxic conditions of SOF acted to precipitate at least some of any soluble selenate passing downstream. An interesting finding by Hibbs & Mixner is the possible source of the original Se. Although the ultimate source was the ocean and thus the general hillsides of the Coast Range, rainfall over the millennia has apparently moved much Se into submerged sites. Such sites may surface as springs with Se concentrated from a large area. A preliminary finding by Hibbs & Mixner is that Tomato Springs to the east of SOF is a candidate for the original source of flows containing elevated levels of Se measured in the SOF. It is thought that Tomato Springs drains from marine strata in the uplands that is seleniferous; these strata are therefore a possible source of the Se in SOF. Thus the natural removal mechanisms of Se that occurred in SOF'between Tomato Springs may be mimicked by the NTS. In terms of concentrations in the most contaminated seeps, a hot spot of over 90 ppb Se (and nitrate > 35 mg/L-N) in the groundwater was found exactly at the confluence of PCW and Como Channel (the site of the Nov. 2002 Se in biota measurements). NTS site 64, Westpark In -line • Basins will contain surface water flows the currently average 20-30 ppb Se. A circular storm drain (Edinger Drain), located between Moffett and Edinger Avenues, discharges water to PCW 23 that has been measured at — 125 ppb. A storm drain located on the east side of PCW just north of Warner Avenue discharges water containing — 85 ppb. The NTS will reduce the discharge in the is by less than 1.5% so there will be little chance of a concentration increase in Se offsetting the Se removed by the NTS. This small effect is due to the relatively small area of evapotranspiration area of all new proposed wetlands (— 40 acres upstream of SJM). The 40 acres of new wetlands would produce an annual (summer) evapotranspiration of about 120 acre- feet (assumes 3 of/y). This volume can be compared with the average dry season flow in SDC of 8,100 of/y (assumes 15 cfs dry flows, 9 months dry season). In addition, Ohlendorf (pers. comm.) emphasizes that it was not evaporation and concentration that was responsible for the Se problem in the marshes at Kesterson Reservoir. 2.2.4 Sites in North America where Selenium has been an Issue Sites where Se has been an issue include semi -arid sites such as the marshes at Kesterson Reservoir, Panoche Creek and the Chevron oil refinery treatment wetlands near San Francisco Bay in California. In addition Se has been implicated in fish toxicity in deeper water lakes, such as Belews Lake in North Carolina. These sites have been well documented and were used as a basis to glean insight to assist in the proper design of the NTS System in terms of the effects of Se. Se is only one of several pollutants that are expected to be reduced by the NTS system. Other information relating to heavy metals, organics (such as pesticides), nitrate, and phosphate was also used. The upper section of SDC consists of natural channels, some eroded due to increased water runoff in recent years. Large trapezoid concrete channels that contain pools and a riparian zone growing on meters -thick accumulations of sediment, dominate the lower section. Some of these isareas, for example the Junction of Como Channel and PCW are attractive wildlife habitats. In addition, SDC near Woodside and its smaller tributaries contain a considerable amount of fine sand that is a generally poor habitat for wildlife. The net result is that SDC and its tributaries contain a mixture of small wetlands, shallow pools, open channels with running water and some riparian vegetation. The examples discussed below relate to some or all of these habitats that will also be reproduced in the NTS. San Joaquin Marsh (SM. There are two wetlands that are referred to within the overall rubric of SJM. They are the IRWD-constructed wetland built in 1997 and supplied by water pumped from San Diego Creek, and the University of California Natural Reserve wetland where some smaller ponds were dug in approximately 2000 and also are supplied with water pumped from SDC. In some ways the IRWD SJM is similar to some parts of the proposed NTS. However, there will be much less open water in the NTS than In the IRWD SJM. The existing IRWD-constructed SJM is operated as a shore bird sanctuary and nitrate removal facility. In particular, it has large areas of open water (w90%) with small areas of bulrush (-10%) along the shoreline and on the islands. Most of the five large ponds of SJM are drawn down a few times each years to expose the sediments and allow small wading birds to feed. However, the most of the mud remains damp and is not fully dried out as would occur in a true seasonal wetland. The SJM was designed to remove nitrate and the removal of other pollutants such as Se or heavy metals is incidental since Se was not an issue of importance in 1995 when the marsh was designed. However, since Se has recently become an issue, the fate of Se in the IRWD- 24 constructed SJM is of concern. As shown in the Draft Master Plan (March 2003, Fig. 4.17, pp. • 90-91) the IRWD-constructed SJM removes a considerable amount (— 30%) of Se from SDC inflow. An estimate of about 56 lbs of Se removed for a calendar year can be made from the 10 months of Se -specific data (shown in Fig. 4.17). About one-third to one half of the dry weather flow of the SDC is pumped into the IRWD-constructed SJM, which therefore removed about 10- 15% of the Se in the creek in 2002. The fate of the Se removed from SJM is not known but based on other studies; anoxic areas of sediments could play a role. It is also possible that the suspended algae that grow in the open waters of the SJM remove Se (Fan et al., 1998). In addition, much lower rates of volatilization and bioaccumulation in the food web are also likely fates for the Se removed. Samples of all available non -avian biota for the IRWD-constructed SJM were collected in April 2003 when biota was most abundant. However, there were relatively few aquatic organisms present, despite the large size of SJM. The paucity of biota compared with other sites such as -PCW and some parts of SDC may be due to the lack of submerged aquatic vegetation in the IRWD-constructed SJM. Assays for Se are currently under way. A total of seven bird eggs from the IRWD-constructed SJM were collected and analyzed for Se in 2002. Although the sample size does not permit a statistically significant evaluation, the Se was below levels associated with measurable toxicity for mallard, stilt, killdeer and avocet. There is no reason to believe that these 7 eggs are not representative of the entire populations. There are numerous birds nesting at SJM and more egg sample could be collected if needed and if the appropriate permits are acquired. The amount of Se removed by the University of California Natural Reserve System's San • Joaquin Marsh ponds and wetlands is not known. Also unknown are the amounts of bioaccumulation and toxicity of Se to wildlife, including bird egg Se levels. The UC marsh is operated somewhat differently from its IRWD companion so results may be difficult to predict from one site to the next. Chevron Oil Refinery. Chevron Oil Refinery is located in Richmond, California on the shores of San Francisco Bay. It has been at this site since 1912 (as Standard Oil) and uses high sulfur (which means high Se) oil from the Central Valley of California, not far from Kesterson Reservoir. A series of freshwater ponds covering about 90 acres was created to treat the refinery's wastewater prior to discharge to SF Bay. Studies of the system with regard to Se have shown that as much as 70% of the Se passing into the treatment wetland does not reach the exit. The input of Se into the Chevron site was primarily selenite (Se IV) not selenate (Se VI) as is found in most agricultural drainage and in SDC. Although the daily rates of removal were variable, measurements over a 16-week period in the summer of 1995 showed a very constant percentage removal of 89% from test sites where the actual emission of the Se gas was measured (Hansen, 2000). Innovative studies.by Professor Norman Terry and his former doctoral student, Drew Hansen, indicated that volatilization of dimethylselenide was a likely pathway for at least some of the losses (10-30%) of Se at Chevron (Hansen 2000; Hansen et al., 1998). Recent discussion with Dr. Hansen indicates that cattails are a site of Se volatilization but that his Chevron Marsh site for cattails was atypical since the site was too high above the water table for optimal Se volatilization. Thus it is possible that greater Se volatilization may occur in the NTS wetlands than occurred with cattails at the Chevron site. Se that was not volatilized at Chevron • would move to the biota or sediments but the fraction in each compartment is not known. Monitoring at typical NTS sites is needed to determine this fractionation. 25 Se entering the Chevron marsh in the wastewater effluent was only 10-30 ppb, similar to SDC but low relative to 300 ppb at Kesterson. Water in the marsh averaged 8-18 ppb and sediment • data is not available. Food chain organisms contained about 10-45 ppm Se or about 10 times normal levels. The normal rate of deformation in these species is estimated at I %. Randomly selected eggs of black -neck stilt at Chevron initially averaged 20-30 ppb Se (— 8-12 x normal) and can be compared with 25-37 ppm at Kesterson. About 18% of the stilt nests contained at least on inviable egg relative to 9% in San Joaquin Valley control sites that had normal background exposure to Se. Non -randomly sampled inviable eggs of stilts, avocets, mallards and coot contained about 15-60 ppm Se. Embryo tetragenesis was documented for mallards, coot and possibly stilts (CH2M-Hill,1994: Medlin, 1994). The accumulation of Se in wildlife at Chevron produced deformities in embryos (10% coot, 30% mallard; Skorupa, 1998). The greater effect of Se at Chevron was attributed to the discharge of selenite from the reservoir relative to selenate at Kesterson. However, changes in the management of the marsh, though not the amount of selenite, have reduced Se in eggs. Recently the Se in stilt eggs at the Chevron Marsh has fallen to 11.2 ppm, less than one half of that in 1994 (26 ppm). It is possible that the management changes, not a change in Se or Se speciation, has caused the reduction. Since bioconversion of Se to any of its forms is expected to occur in a short period (hours to days) it is not clear why one form should persist -when thermodynamics dictate an alternative. Another explanation based on controlled studies at Kesterson Reservoir is the occurrence of drying down and re -wetting of the Chevron site. Some kinds of drying and re -wetting could drive even low levels of Se into the food web rather than into the sediments. In the marshes at Kesterson Reservoir during the recovery phase Se in the water fell to < 3 ppb. However, various drying and re -flooding cycles occurred in some of the ponds and were followed by an increase of Se in • the water to 50 ppb and that in biota up to 50 ppm (Horne & Roth,1989). Other studies indicate that as much as 1,000 ppb in water and over 2,000 ppm in seeds can occur in some drying re - wetting of Se -rich soil (Zawistanski, 1997; UCB/LBL report to USBR on Pond 6 re -flooding). It is likely that the Se in SDC is in the selenate form that would seem to reduce effects on birds, but further monitoring of Se species and some studies on the effects -of drying and re -wetting should be made at NTS sites since the levels of waterborne Se are similar to those at Chevron. Despite accumulated Se in bird eggs and an increased rate of deformities at the Chevron marsh, there has been a net benefit to wildlife. Primarily by manipulating the locations of bird friendly and bird unfriendly habitat (as is proposed in the NTS) Ohlendorf (2000) concluded that a net environmental benefit had occurred: • "Selenium concentrations in stilt eggs were high enough to reduce hatchability of eggs and may cause some reduction of post -hatch survival among chicks. However, concentrations of selenium in food chain biota should not affect survival of adult birds." "The (Chevron Marsh) received significant bird use during the nesting season. Management activities by Chevron (e.g., maintaining constant water levels during the nesting season, predator control) contributed to the high nesting success found at the (Chevron Marsh), more than counterbalanced any potential reduction in hatchability and post -hatch chick survival that maybe caused by selenium in eggs or diet (i.e., the Chevron Marsh was providing a net environmental benefit)." K. This finding by Ohlendorf, if confirmed by other studies, provides an avenue that can be • exploited to the benefit of wildlife in areas such as SDC where other options are few. In particular, improvements in the -management of the Chevron marsh appear exportable to other sites such as the NTS and SDC. The discovery of high rates of volatilization of Se at the Chevron marsh is important since enhancing volatilization permanently reduces the risk of Se poisoning. Other studies indicate that the rhizosphere (the zone around the roots of the wetland plants) is the main site of initial volatilization (Terry pers. comm.). Furthermore, it has been shown that bacteria and fungi in the sediments or algae in the water can volatilize Se. These kinds of habitat (rhizosphere, microbes in water and sediments) are expected to be present in the NTS. While Se volatilization in the NTS facilities as currently envisaged is not expected to be a major removal mechanism, the Chevron results support the contention that some of the Se entering the NTS sites will be completely removed from the SDC watershed by volatilization. Studies on a constructed wetland at Corcoran indicated a 69% removal of Se (9% volatilized, 5% in living plant tissues, 50% unknown, presumably in the sediments; Lin & Terry, 2003). The Corcoran wetland has some similarities as well as differences from the NTS sites, but supports some long-term Se removal by volatilization. Panoche and Silver Creeks. These two creeks drain parts of the east side of the Coast Range in the Central Valley of California. They are the main source of Se in the San Joaquin River which flows north to SF Bay. Selenium was naturally present in the formerly marine sediments that formed the Coast Range. Over time Se was washed out from the upper reaches and deposited in the flood plain. Due to massive overdraft of groundwater by local farmers, the Central • Valley floor has sunk as much as 60 feet in this region. Thus Panoche and Silver Creeks are now eroding down their beds to establish a new hydraulic equilibrium with their junction as the valley floor. The concentration of Se in storm flows was measured by the USGS at 60 ppb (50:50 soluble: particulates, Presser et al., 1990). The resulting Se flows both into the San Joaquin River and can flood nearby marshes and wildlife reserves. A solution to the Se problem in the area, especially in high flood years, has been proposed using very large and very shallow constructed detention basins that will not be wet for more than two weeks. Thus wetlands will not become established. Similar reasoning, but with even shorter hydroperiods lies behind the design of the NTS. Even so, the situation at Panoche and Silver Creeks is so extreme that the soil will be high in Se. To avoid toxicity, a special dry land systems was proposed using non-bio accumulating plants so that Se can be stored in the soils without causing toxicity to wildlife (North State Resources, 1999). This design was based on studies at the dryer sites at Kesterson Reservoir (Horne, reports to USBR 1985-88). For a sustainable solution the design calls for gradual removal by volatilization using planted and irrigated terrestrial crops. Belews Lake. Belews Lake is located in North Carolina and presents an early case of Se poisoning, although in a lake rather than a wetland. Belews Lake was poisoned by Se - contaminated water from a fly ash settling basin associated with a nearby power plant. Many power plants in the US use high-S coal or oil. Since S is so similar to Se, high S often means high Se. Since the 1960s, US and European smoke stacks have used electrostatic precipitators and other devices to retain most of the particles (fly ash) that would, otherwise be emitted following the combustion of fuels in order to prevent widespread pollution. The process • produces large volumes of fly ash, which is collected from the smoke stacks and then must be disposed of in some fashion. Fly ash contains many heavy metals as well as Se and should be 27 disposed of in a safe manner, but in the 1960s was often used in road construction and general land fills. It is thus not surprising that the fly ash settling basin at Belews Lake was a source of pollutants, including Se, and that these passed easily into an adjacent wetland and the lake. Because Se is more easily leached than most other metals, it was present in very large amounts in the drainage from the fly ash basin (100-200 ppb in the leachate). Selenium was soon foundin the biota (Harrell et al., 1978; Rodgers et al., 1978, Cherry et al., 1979). Two years after the introduction of the leachate into the lake, only two of the original 20 fish species were present (Sorenson et al.,1984). Although many western fish such as Sacramento Blaekfish, white sturgeon, rainbow trout and Chinook salmon are apparently not very susceptible to Se -poisoning (Brown, 1985), eastern fish such as the sunfish are susceptible. There is only one sunfish native to west of the Rocky Mountains (Sacramento Perch) and it is unlikely to be common in SDC. However, many sunfish species have been introduced into the west, usually by careless disposal of bait fish, to the detriment of native fishes. It is likely that green sunfish have been introduced to SDC and could thus be affected by high Se. Deformed fish were one symptom of Se poisoning in Belews Lake. Partially based on the experiences at Belews Lake a 5 ppb criterion for Se was established for lakes and reservoirs containing centrachid fish. However, more recently a lower value for Se in water had been recommended as follows: "Waterborne selenium concentrations of 2 ug/L or greater should be considered hazardous to the health and long-term survival of fish and wildlife populations because of the high potential for food -chain bioaccumulation, dietary toxicity, and reproductive effects." Lemly,1996, Kesterson Reservoir. Kesterson Reservoir was located in the Central Valley of California near Los Banos. It consisted of 1,200 acres of land enclosed by a low berm. The name of the • reservoir is a confusing misnomer since it was a marsh and not a reservoir in the normal sense of the word. It was constructed as a holding facility for agricultural tile drain water but was used for the fall disposal of that water because the construction of the San Luis Drain was not completed. In the original plan the water was to be discharged to the Pacific Ocean via San Pablo Bay. At the time it was not known that Se was present in large amounts in the drain water and tests had shown no obvious toxic effects of the drain water (Brown,1985). Originally the presence of large amounts of water and a large land area made the construction of a wildlife reserve an ideal solution. The site was therefore jointly managed for water disposal and as a national wildlife refuge. In this respect the marsh habitat at Kesterson Reservoir is similar to the IRWD SJM that functions to remove nitrate and act as a shorebird habitat. Both systems have Se present as a contaminant and both removed nitrate that was introduced at high concentrations. However, Kesterson was mostly evaporative wetlands while SJM is a flow -through wetland. Although water evaporated from Kesterson, there is no reason to believe that the problems due to Se at Kesterson were due to concentration by evaporation. Much general information is available about Kesterson Reservoir (see the major series of reports by LBL to the USBR 1985- 1988, the USBR EIR and revisions, 1996-1998; A series of post -closure studies by CH2M-Hill in Sacramento, books by Frankenberger and Benson, 1994 and articles or reports by Horne & Roth, 1989; Home, 1991, 1994, Ohlendorf,1989, 2003, Newsweek,1987). A few years after construction abnormalities were found in bird eggs and were tentatively attributed to high Se (Ohlendorf et al., 1986a-b). When constructed, the fact that Se was present in elevated concentrations in the drain water was overlooked. Several factors led to this . oversight. The first factor was that a series of comprehensive egg -to -egg bioassays using full- ED strength tile drain water with native fish and crustaceans showed no effect (Brown, 1985). California -native fish and crustacean showed little effect of Se, but aquatic birds and some fish (not tested) are very sensitive to the toxic effects from Se. The organisms were tested before it was known that the tile drain water contained Se but subsequent analysis indicated 100-200 ppb Se (Brown, 1985). The fish that were unaffected by this level of Se in the Kesterson drain water were Sacramento blackfish, mosquitofish, rainbow trout, Chinook salmon, white catfish, golden shiner (Brown, 1985). Tests carried out over 4-28 days showed not acute toxicity to Se (MBL, 1983). Second, Se was not easily assayed in 1969 when the tests were done and a new, simpler method was used for Se that showed none present (unfortunately, the method was not working correctly in the salty water of the tile drains). About seven years after construction began, bird deaths and malformed embryos, as well as the disappearance of some species of fish, showed that a problem had occurred. Evaporation Ponds and test veeetated wetlands in the San Joaquin Vallev, California. These four ponds include Tulare Lake Drainage District (TLDD), Hacienda Ranch and South Ponds, as well as Bowman and Pryse ponds of the Alpaugh Group (Moore et al., 1990). The TLDD ponds were flow through systems using the same influent water that would otherwise have been ponded at the South and Hacienda Ranch evaporation ponds (S. Detwiler, pers com.). All four ponds contained elevated Se concentration in the sediments,(> 0.5 ppm dw in the top 3 inches of sediment). Some food chain organisms, including benthic invertebrates, showed Se levels above a conservative standard of>7 ppm. In addition, statistically or biologically significant, adverse effects were found (Moore et al., 1990). Measured Se losses by volatilization were small at this site, as they were in the marshes of Kesterson Reservoir in early studies (Frankenberger, 1990). • A series of test cells or mesocosms were set up by Professor Normal Terry and his students at Cocran, a part of the TLDD (Terry, 1998). The wetland cells used similar Se -rich irrigation water (— 28 ppb) as the evaporation ponds studied by Moore et al. (1990). The total Se in the inflows ranged from 8-24 ppb and was mostly selenate (Se VI)l, but between 1 and 6 ppb of selenite (Se IV) was present. Using various kinds of emergent vegetation planted in a dense array with hydraulic residence times of 5-20 days, the reported Se removal ranged between 10 and 65% with most removal in the cooler months of February and March. In terns of removal, the cattail/tule(bulrush)/widgeon grass cell was most effective in Se removal (61%) while the chord grass, open water control, and salt grass cells were less effective (1-26%; Tanji et al., 1998). These findings are similar to those shown for nitrate removal in wetlands, probably for the same reason —the provision of labile organic carbon (Bachand & Horne, 2000a-b). With the exception of widgeon grass (1-8 ppm Se), the aboveground parts of most plants showed low Se (<1— 2 ppm) while the roots ranged from <1 to 14 ppm Se. Terry (1998) measured volatilization of Se and showed that it was dependent on the microbial biomass, a finding also made by Frankenberger (1990). Rates of volatilization of Se were lower than at Chevron partially because of the low microbial biomass in the new cells, but also possibly because of the inflow of selenite at the Chevron Marsh and selenate at the TLDD Cocran site. However, given the propensity of Se to change oxidation states it is not clear that species of Se plays a major role in volatilization in wetlands. The improvement of volatilization of Se in wetlands is not fully understood. The studies by Terry show that rabbitfoot grass volatilized more Se than cattails and salt grass while others • showed that plant species do not affect volatilization rates (Zhi-Qunig Lin, pers. com.). Studies by others at the same site indicated 7-10% volatilization rates in SAV (Wu, 1998) but SAV will 29 be discouraged in the NTS systems by draw down. However, it is not the living plants that remove most of the Se but the microbial biofilm in the sediments. Denitrification in wetlands, a process akin to Se volatilization, indicates that there are methods of managing the sediments to encourage nitrate conversion into nitrate. It is possible that these methods, including the use of denser and older stands of cattails and some aquatic grasses that would also enhance volatilization. 2.2.5 Comparing and Using These Other Sites in NTS Analysis. For Se, the existing conditions are described for recent years in various papers by Professors Hibbs and Mixner (see Fig. 3.2.1 in Hibbs & Mixner, July 10, 2003) and by previous work on Se concentrations in SDC and its tributaries. Isolated seeps have shown Se values over 200 ppb and the hot spot with a plume of>60 ppb, which occupies much of the old SOF. For a longer timeframe, the monitoring of Orange County PR & RD (see Table 3 of this memo) shows the wide range of variations (<2 to 31 ppb Se) that can occur over 30 years. Lower readings may be associated with storm events if clean rain water dilutes a constant groundwater flow (Hibbs, pets. comet.) and higher values seem to occur in the dry season (Table 3). Soluble Se is relatively low in the upper watershed (— 1 ppb dry weather flows), but increases downstream where values of 10-30 ppb are common in some years. This was expected because of the concentrated source of Se in the mid -section of SDC. Five points from Kesterson (discussed above) are important in assessing the risk of potential Se toxicity in SDC, and in particular, the toxicity of the NTS wetlands. First, the concentration of Se inflow to Kesterson was very high, 10-200 times higher than in SAC. Second, the Se inflow to Kesterson Reservoir was always high (200-400 ppb) while Se in SDC over the 17 years between 1970 and 1987 ranged seasonally from < 2 to only 31 ppb. Third, and perhaps most • important, Kesterson Reservoir was a very large single piece of land (1,200 acres) while the entire NTS system, if fully built, would be only 205 acres and would contain over 30 separate sites. The IRWD SJM occupies approximately 57 of these acres. Fourth, Kesterson Reservoir was managed to enhance habitat water birds. Its depth and mosaic of vegetation provided a variety of habitats for waterfowl and other wildlife. Finally, Kesterson Reservoir was a very productive large wetland because it was supplied with agricultural file drain flows that contained huge amounts of plant nutrients (— 100 mg/L nitrate-N, — 20 mg/L phosphorus). These concentrations are greater than those in SPC (-5-15 mg/L nitrate-N, —0.1 mg/L), which can be compared with the normal values for water which floods most wetlands (— 0.5 to i mg/L nitrate- N; — 0.1 mg/L phosphorus). In addition, the hydroperiod or water level management was a seasonal type with the majority of the marshes thoroughly dried out for much of the summer. Although this is a good method to maximize the production of birds for hunting, it unfortunately ,maximizes the amount of Se recycled in the wetland. The original design of Kesterson Reservoir presented the best of all possibilities for the birds and the worst of all possibilities when Se poisoning occurred. The lesson to be learned is that almost all other Se -related problems should be much less severe than in Kesterson. The SDC watershed contains between 5-15 mg/L nitrate-N at present so it will be at the lower end of the nitrogen pollution situation relative to the marshes at Kesterson Reservoir. The NTS will also experience this nitrate. Crucially, however, SDC lacks phosphorus (— 0.2 mg/L), relative to nitrate -nitrogen, unlike Kesterson (— 20 mg/L). San Deigo Creek in the mid-1990s had a summer mean of 146 ug/L for soluble ortho-phosphorus and about . 200 ug/L for total-P (Regional Board TMDL monitoring program). Since phosphorus is about 30 100 times lower in the NTS than was found at Kesterson, the biological productivity of the NTS • will be much lower than at Kesterson. Much less bird food (toxic or otherwise) will be produced in the NTS than at Kesterson. Since the Belews Lake case is an example of careless environmental sanitation that is not likely to be permitted in California today, the story has little relevance for the NTS projects in SDC. In addition, Belews Lake contained large populations of several species of eastern Se -sensitive fish and these are unlikely to be present in the small creeks and wetlands of SDC. Many western fish were tested for toxic effects of Se in agricultural drain water (Brown, 1985) but were found to be unaffected at levels higher than those in SDC. However, Se may adversely affect some introduced eastern sunfish that may be present in SDC. These sunfish are a great threat to many native fish in the region including the endangered Santa Ana Sucker. Belews Lake is a much better habitat for fish being deeper and larger compared to the small pools, flow -through areas and wetlands that are proposed for the NTS. The stormwater Se data from Panoche and Silver creeks on the Coast Range shows a 50:50 distribution of soluble and particulate forms. There are similarities in the soils and slope of this region and the steeper upper SDC watershed both areas. Preliminary data in the lower channels of SDC surveyed by Hibbs & Mixner indicates that >95% of the total suspended Se in the lower reaches is in the dissolved form. There is only a little direct information from the upper watershed streams of the SDC where more particulate matter is likely to be suspended (see section 3a below). Collectively, the current information suggests that in the SDC system the upper NTS will potentially remove more Se in particulate form while the NTS facilities in the lower portion of the watershed will potentially remove more soluble forms. However, removal • of Se by sedimentation in the upper watershed is not a primary function of the NTS. Only a small portion of Se will be held by the small NTS in the upper watershed. An exception may occur for small storms. Although there are mixed signals from the Chevron treatment wetland it appears to be a good indicator of potential volatilization (10-30%, Hansen et al., 1998). The Chevron marsh is also helpful in determining some aspects of the risk to wildlife in most NTS sites (Ohlendorf & Gala, 2000). Almost 90% of Se was removed consistently in the summer months at the Chevron site and 30% is being removed currently at the IRWD SJM. The higher removal of the Chevron site could be due to differences in the Se species that dominate the influent flows to the Chevron marsh (selenite) as well as the larger amounts of large emergent vegetation at that site versus the SJM. Most of the remaining NTS sites will have vegetation cover more like that at Chevron so they should remove more than 30% and potentially up to 90% of the Se flowing in. The Chevron site showed that most of the Se input was retained in the sediments or the food web, although possibilities for increased volatilization do not appear to have been fully exploited. It would be desirable to have quantification at the Chevron site for the distribution of Se in sediments versus the living food web. At Kesterson, 90-95% of the Se retained was located in the sediments when these were maintained in a permanently flooded and anoxic condition. At Chevron the wetland was dried out causing the liberation of previously bound Se on re -flooding. Nevertheless, there was a considerable loss (10-301/o) of Se by volatilization - a desirable means to fully remove the toxicant. Lower percentage values for volatilization (-9%) were found in the Corcoran ponds (Lin & Terry, 2003) but this wetland is less like the Chevron marsh and most • of the NTS sites. Similar volatilization (9-30%) could occur in the NTS sites. The concentrations of Se at Chevron (-20-30 ppb) were similar to the higher concentrations reported 31 in SDC over the last 30 years (2-31 ppb). Thus the percentage of Se removals may be similar where the NTS and Chevron sites have similar vegetation cover and species composition, although treatment performance in the two systems will also be influenced to some extent by the differences in the dominant Se species in the influent flows and the flow rates. If selenite dominance in the water enhances Se volatilization then the NTS sites will tend to the lower end of the 9-30% removal rates (Zayed et al. 2000). Discussion of the management of the Chevron marsh has provided a net environmental benefit to the nesting birds (Ohlendorf & Gala, 2000) despite an inflow of Se that was discussed earlier. The management actions at Chevron marsh are similar to those proposed in the NTS. The tests in the evaporation ponds and test cells at TLDD have some common features with the NTS systems. however, there is the proviso that the methods to reduce Se toxicity to birds and to enhance volatilization are part of the NTS system and not part of the TLDD systems. As previously mentioned it is inevitable that Se will accumulate in the food web of the NTS. If conservative standards used for normally unpolluted waters are used, the NTS will not meet these standards. The question is whether the NTS will do more harm than good. Based on the data at TLDD the NTS will remove, immobilize and sequestrate Se, as expected in the design and supported by the 30% removal of Se in SJM. The lower volatilization rates at the Cocran test cells (— 10%) evidences a possibly lower rate that maybe reached in the NTS. In the TMDL process a removal of 10% of Se will certainly assist in reaching the eventual goals. Volatilization reviewed. The ability of volatilization to balance even modest inputs of Se inflow is still controversial. From the early work of Frankenberger (1990) at Kesterson, to the Chevron and Cocran work by Terry and his associates, understanding the methods needed to enhance . volatilization has proven difficult. however, it was only recently that the enhancement of the equivalent process of nitrogen volatilization (de -nitrification of nitrate to nitrogen gas) was first used in large scale clean-ups (Reilly et al., 2000). Prior to this time many workers believed that nitrate removal was primarily due to uptake and storage in living plants (Gersberg, et al., 1983). Therefore although Se volatilization can range from a small to large process, in terms of environmental cleanup, volatilization of Se can be considered an additional benefit to the main process of immobilization and sequestration of Se in anoxic sediments. 3.0 PROJECT DESCRIPTION To simplify the consideration of Se dynamics in the complex watershed, a binning strategy has been used. The NTS sites have been divided into three zones or bins (Table 6): • The upper watershed sites where storm water is the main source of Se. • In -line facilities where Se is mostly supplied via groundwater seeps. • The large terminal NTS sites at the San Joaquin Marsh. 3.1.11inning Strategy Unger Watershed/Storm water Sites. Se dynamics are less well-known in the upper watershed sites since there is less data. From the data available it appears that Se entering these sites will be about I ppb in dry weather flows, rising to 10 ppb in storm flows. The distribution of solid versus soluble Se is important here since the removal methods for each differ. There is 32 practically no data on the fraction of soluble Se to particulate for these sites but the dry flows are • likely all soluble Se, based on a large body of data collected in the lower part of the watershed. A single Se sample collected in Upper Rattlesnake Canyon indicates that solid to soluble Se ratios of 50:50 are possible in dry weather flows in the upper watershed. The well -studied and Se -polluted Panoche Creek on the east side of the Coast Range discussed earlier suggests storm water flows from the steep upper watershed can be expected to contain about 50:50 particulate Se to soluble Se. For small storms any Se associated with larger particles will settle in the pre - wetland detention basins and be removed as needed. Up to 50% of Se (the particulate form) could be removed but only from the smaller storms. A much smaller fraction of the Se will be contained in the larger storms (10 or 25-year storms). In -Line Facilities. These sites are located in existing parts of SDC but will have low weirs constructed to increase hydraulic residence time and allow for more pollutant treatment. Se here will be mostly in the soluble selenate form. Any Se removal will occur in the anoxic parts of this habitat and some will accumulate in the biota and sediment. However, the kind of plants that currently grow in the areas of SDC that most resemble the in -line basins do not accumulate much Se and/or are not a part of most animal diets (e.g. cattails). SJM (Site # 62). This large wetland is the existing flagship for the NTS. It has mostly open water with shallow, well -oxygenated water. Under these circumstances, most Se will remain in solution and be taken up by algae or bacteria or pass through the wetland unchanged. However, DO falls to low levels beneath the bulrushes that have grown out over the anti -predator trenches. It is also possible that the sediments underlying the majority of the open water zones may experience low nocturnal DO when algal photosynthesis stops but respiration continues. Under • these conditions of low or no oxygen, some soluble Se could be converted to insoluble metal Se. However, unlike the case with denitrification of nitrate, diel (24 hour) cycles of DO are thought to have minimal impact on Se concentrations in the water (T. Tokunaga, pers. comm.). The long-term retention of any Se in SJM depends on the mixing conditions in the sediments, but some immobilization and long-term storage appears to have occurred according to the initial approximate mass balances for SJM (Master Plan, March 2003, p. 91, Fig 4.17). The fate of the Se sequestered in the Marsh is currently unknown but the monitoring program and some on- going studies will measure how much of the Se is partitioning into the sediments and biota. Sediment samples taken to date show that Se in the sediments of SJM were below 1 mg/Kg (Master Plan, March 2003, pp. 87-89). However, these grab samples were collected from the center of the ponds. This region is mostly well oxygenated. Further studies have shown that the deeper edge sections of SJM are most likely to be anoxic and thus are potential sites for increased Se accumulations. Direct monitoring of Se volatilization is possible and, along with deep sediment measurements, may be needed to determine the fate of Se at SJM and the other NTS sites. Such monitoring.is a research project requiring the setting up of large temperature - controlled field gas samplers and is beyond any monitoring plan. However, the monitoring of the sediments and biota may give some idea of Se volatilization by difference. Site 67 SAMS-1. This site has been specifically designed to remove Se. The final details of the construction are not complete but it will have a very limited wildlife component only if reeds are planted over the system for aesthetic reasons. SAMS-1 is designed as a subsurface wetland with no surface water and thus no transfer of material from the deep gravel -organic matter bed to the • surface. This wetland has been designed to be anoxic. Such systems, normally more oxygenated than SAMS-1 and with or without an overlying cover of cattails, are common in Europe and W some parts of the US (IAWQ,1966; Mulamoottil et al., 1999). Subsurface wetlands are mostly used to treat high levels of toxic wastes such as landfill leachates where potential toxicity I*overrules wildlife enhancement. • 34 • • • Table 6. NTS sites and appropriate bin classification as used above. Site Number Facility Name Facile Bin Type 26 Woodbridge In -Line Basins II 2 27 Barranca Off -Line Wetlands I 1 46 San Joaquin Marsh - Augmentation I 3 53 Caltrans SR133/15 Interchange I 1 54 Caltrans SR-261 Site/Walnut I 1 55 Santa Ana/Santa Fe Channel In -Line Basins II 2 56 El Modena Park 111 1 62 San Joaquin Marsh — SAMS 1 I 3 64 West ark In -Line Basins 11 2 67 Ciene a Ciene a de Las Ranas) N/A* Subsurface wetland 13 Rattlesnake Reservoir —Existing N/A* Terminal reservoir 39 Sand Canyon Reservoir — Existing N/A* Terminal reservoir 6 Santiago Hills (multiple basins) I 1 9 PA 1—Eastfoot Retarding Basin III 1 10 PA 1— Eastfoot Upper I 1 11 PA 1— Orchard Estates Retarding Basin III 1 12 PA 1— Lower Orchard Estates (multiple basins I I 61 PA 1—Eastfoot Lower I 1 16 Trabuco Retarding Basin III 1 18 Marshburn Retarding Basin III 1 31 PA 17 —West Basin 111 1 32 PA 17 — East Basin I 1 49 PA 17 —Center Basin I Grass -lined basin 42 Turtle Ridge North I 1 68 PA 18 I 1 69 PA 39 (multiple basins) I 1 22 MCAS El Toro — Agua Chinon Lower I 1 50 MCAS El Toro — Irvine Auto Center I 1 51 MCAS El Toro — Serrano I 1 52 MCAS El Toro — Bee Canyon I 1 70 Agua Chinon I 1 71 Marshburn W, 4.0 ENGINEERING AND DESIGN PRINCIPLES 4.1. Major principles • There are two major principles in the design of the NTS units for pollution control: sediment control and soluble matter control. Sediment control. First, for low flows and small storms, most large or heavy particles are removed in the initial inlet sedimentation basin (see Draft Master Plan March 2003, Fig. 5.1, p. 98). The first part of the bin i NTS system contains a sedimentation basin (referred to as an "inlet basin" in Fig. 5.1) and is similar to normal sedimentation or retention basins used throughout the US and the rest of the world for stormwater sediments. Second, the sections after the detention basin (wetland) will retain some or all of the smaller and lighter particles (again, see Draft Master Plan March 2003, Fig. 5.1, p. 98). In general, most NTS facilities will not remove a large quantity of sediments because they are primarily intended to treat dry weather flows and runoff from small storms; the vast majority of sediments are transported by large storm flows. Sediment control is being addressed through the watershed Sediment Control Plan. Wetlands should not be used as a means of inorganic sediment control since that would cause them to fill in and cease to function. However, sediment that enters the NTS facilities in smaller flows will be removed by the settling mechanisms in the first basins which are the un-vegetated detention basins described above. Soluble matter control. Treatment wetlands work by providing a suitable site for bacteria that transform pollutants in various ways. In addition some pollution is absorbed during passage . through the wetland. In both cases it is the dead plant matter grown in the wetland that provides the driving force for pollution control. External sources of detritus and other material are mostly unnecessary and often unwanted in treatment wetlands, although P-removal is enhanced by the presence of small quantities of clay washed in from upstream. The second or wetland section of most NTS systems contains a large area of surfaces such as plant stems, fallen stems, leaves, and sediments formed from the plants as they die. Soluble pollutant matter may be transformed into harmless end products such as nitrate —+ nitrogen gas; some pesticides -4 carbon dioxide; heavy metal ions --> insoluble minerals (usually sulfides), partially transformed as in the case of some pesticides, or absorbed into the humhc acid matrix of the sediments (some pesticides and organics). In most cases the NTS wetlands are designed to combine the various soluble pollutant removal mechanisms. For example, nitrate, heavy metals and some pesticides are best removed by a more active marsh such as one dominated by cattails (see first wetland cell in Draft Master Plan March 2003, Fig. 5.1, p. 98). Others such as pesticides and some organics are best removed in more peat generating wetlands such as a bulrush stand (see second wetland cell in Draft Master Plan March 2003, Fig. 5.1, p. 98). Reduction of exposure to wildlife by pollutants in the NTS. The NTS wetlands are designed to transform, destroy or immobilize all kinds of pollutants, including Se and heavy metals (see section 4.9 in the Draft Master Plan, March 2003, pp. 79-96). As mentioned earlier, since pollutants including Se are now ubiquitous throughout much of SDC, there will be a period when wildlife in the NTS will be exposed to the pollution. This exposure of wildlife to pollutants occurs everywhere in SDC at present so the initial situation in the NTS is no different from that • in SDC. To reduce exposure of wildlife in the NTS, those sections of the wetlands designed to remove pollutants are also designed to discourage wildlife access, especially birds. This is 36 shown in the Master Plan fig 5.1 where the open water area is small and mostly needed for . hydraulic mixing. Wetlands that are attractive to birds are mostly open water but this is not the case for the NTS where most of the area will be in plant cover to provide the carbon food and energy for bacteria to metabolize pollutants. • There has been mixed success in reducing wildlife access to ponds and wetlands. In particular, the use of propane cannon and 4-wheel riders firing shotguns in the air was only temporarily successful in the marshes at Kesterson Reservoir. However, some other, less active, measures are already part of the NTS Plan or can be taken to make the NTS wetlands less attractive to birds. In detail, -where Se is present at high levels, the NTS generic design can be modified as follows: (i) The area of open water can be reduced or even eliminated to prevent bird access and reduce the attractiveness for nesting. (ii) The water level in the open water in the NTS is designed to be raised and lowered several times each year. This will prevent the growth of submerged aquatic vegetation (SAV) that attracts and feeds birds. (iii) The dense stands of emergent vegetation essential for pollution treatment in the NTS do not provide easy foraging sites for birds compared with the open SAV rich SDC at present. (iv) The use of cattails for much of the NTS does not provide as good a food source as other sites in SDC. (v) Physical barriers to wildlife access such as wire fences can be used where there is no internal site for birds to land (e.g. where there are no permanent ponds). Wetlands are often designed to be bird -friendly. Typically a large area of open water is intermingled with small islands and clumps of emergent macrophytes such as bulrush that have ample edible seeds. Submerged aquatic vegetation (SAV) comprised of submerged macrophytes such as pondweed normally provides habitat for high concentrations of aquatic invertebrates like damselflies and midge larvae. Most birds can easily access the invertebrates living in and on SAV. Thus SAV is normally encouraged in bird -friendly wetlands and lakes. The presence of seed -bearing SAV such as widgeon grass is also encouraged. In the treatment and immobilization sections of the NTS this wildlife -friendly concept is reversed. For example, in the upper sections of the NTS there is almost no open water for birds to land (Draft Master Plan, March 2003, Fig. 5.1, bearing in mind that the uppermost stormwater detention basin will normally dry). Dense cattail stands with their minimal food value to most birds replaces open water and mixed bulrush in the upper NTS. Where open water is present, management of NTS wetlands involves water drawdowns that discourage both SAV and floating vegetation such as lilies that are also good habitat for aquatic insect larvae. Such a draw down strategy has been effective at eliminating SAV and associated aquatic invertebrates at the existing NTS SJM site where there are large areas of open water. Other more dramatic measures to reduce exposure to wildlife in the NTS sites are possible, including excavation of the Se -contaminated sediment and vegetation and the temporary or permanent closure of some sites. Such measures could be implemented in the SDC but at • present are not. In addition, the NTS sites, being small and easily accessed, allow removal of sediment more easily and plant matter if needed. Normally the NTS systems do not require 37 excavation for accumulated sediments for at least 30-60 years, depending on the rate of plant growth. The sediments in the NTS are expected to immobilize and sequester toxicant for long periods without attention, so long as they are kept wet and anoxic. Monitoring and Management. The monitoring already carried out in 2002-03 in the IRWD SJM and two sites in SDC will provide an indication of the potential water quality benefits of the NTS over the current unmanaged system. Although not an exact model of the proposed NTS facilities, monitoring data from the existing SJM shows significant reductions in pollutants of concern. For example, nitrate, a major pollutant in SDC and the agent responsible for seaweed blooms in Upper Newport Bay, is transformed in the wetland to harmless nitrogen gas that is returned to the atmosphere. Based on the results from other wetlands (Kadlee & Knight,1994) it is expected that heavy metals such as copper or zinc will be immobilized as the insoluble sulfide and then sequestered in the anoxic sediments of the wetlands. In contrast, aquatic surveys in two existing channel reaches of SDC suggest relatively high Se in the biota and poor habitat and biodiversity in the studied reaches (draft report to SARWQCB, Horne, 2003). The exact levels and abundance of biota in the various sections of the NTS treatment system cannot be predicted exactly in advance. In part this is because the levels of pollutants and Se cycle over time (Table 3 shows changes in water in SDC over 30 years). Therefore, the NTS Plan includes additional extensive monitoring of aquatic diversity and monitoring of Se levels in the water, sediments, vegetation, aquatic invertebrates and bird eggs as needed. The purpose of this monitoring is to alert managers of the potential for Se bioaccumulation. Should monitoring results indicate Se levels of concern, the NTS Plan includes provisions for sediment and vegetation clearing to alleviate the potential for bloaceumulation. Pond drawdowns. The short-term wetting and drying cycles in the SJM do no liberate soluble Se . even though there is a potential to return sequestered Se to the water in soluble and bioavailable form. In contrast, long-term wetting and drying cycles, such as those used in seasonal wetlands used for water bird production by Ducks Unlimited, do tend to remobilize Se. Experiments with full summer dry down and seasonal flooding with rising groundwater were carried out in the seasonal wetland sites at Kesterson Reservoir. The tests in the shallow sites at Pond 6 showed that by far the most toxic site at Kesterson Reservoir was this kind of seasonal wetland. Here, Se in early winter water exceeded 2,000 ppb and Ruppia (widgeon grass) seeds exceeded 1,800 ppm (LBL/UCB joint excavation test studies for USBR and Zawislanski et al., 1997). In addition, the synoptic surveys in February 1987 (CH2M-Hill) showed less than 25 ppb Se in water in the permanently flooded Ponds 1-2 but almost 350 ppb in the ephemeral pools of Pond 11 that hold water for less than three months. However, in earlier years the highest Se was often found in permanently flooded Ponds 1-5 that received contaminated inflow year round (Schuler et al., 1990). The current wetlands in SDC do partially dry out in summer but some also have a small but continuous supply of water, so it is not clear which of the lessons from Kesterson is most applicable. The NTS open water areas are designed to be drawn down to reduce submerged macrophyte growth but will not be dried out. Wetting and drying cycles only mobilize Se if the soils dry out and then continue to dry for at least a month longer. In seasonal wetlands the drying period is several months. Following closure and filling of most low areas at Kesterson Reservoir with clean soil, monitoring continued and included the small temporary pools that still form after winter rains. Se concentrations over time have been followed in these pools. In these pools oxidation of Se occurs during the dry period (late spring — early fall) and is followed by reduction in wet winters. The Se concentrations at the beginning of each wet season rise to high • levels (10-1000 ppb) similar to the Pond 6 example discussed above. However, the Se levels 93 then quickly fall to lower levels (1-50 ppb) due to dilution by rainfall and transfer -reduction into • the sediments (Zawislanski et al., 1997). It is a misnomer that the NTS site at the IRWD SJM and most of the bin 1-2 NTS sites drying out. These sites have periodic water fluctuations, but the soil does not dry and oxidize Se before the next wetting cycle occurs. Therefore, Se re -mobilization is not expected to occur, or to occur only in small amounts. Once again, to the extent that the NTS reduces Se in the entire watershed the re -mobilization of Se in the non-NTS sites will be reduced since overall Se concentrations will be reduced by the NTS. Currently the IRWD NTS reduces Se by about 30% annually (Draft Master Plan March 2003. Fig. 4.17, pg. 91); four of the ponds undergo regular up and down water level cycles. The removal of Se may be more or less in the NTS than in SJM and currently the acduracy of the 30% removal value found from earlier work is being evaluated for 2002-2003 (part of the difficulty in estimating removal is how the data is logged since the hydraulic residence time of the ponds is 1-2 weeks; thus inflow and outflow at any instant are out of phase). The low Se found in initial samples of bird eggs taken at an IRWD NTS site provide an indication of immobilization and sequestration of Se with the current variable water level at this existing NTS site. Because of the relatively small sample of eggs collected (n = 7) from the SJM, further data are needed on bird egg Se content at this site before conclusive findings can be reached. The monitoring plan includes the collection of egg samples in the future which will validate these assumptions or trigger adaptive management measures such as sediment removal, changes in inflow, and vegetation removal if the assumptions are found to be incorrect. 4.2. Application to Various NTS Units • 4.2.1 Bin I Design. The design is as shown in the Draft Master Plan (March 2003, Fig. 5.1, p.98). The first part of the bin 1 NTS contains a sedimentation basin (referred to as "inlet basin" in Fig. 5.1). Good examples of the mostly stormwater and low dry flow wetlands are Site 16, Trabuco (Draft Master Plan March 2003, pp. B-17 to 21), the small multiple sites at Sites 10, 12, and 61 (Master Plan pp. B-14 to 16), and Site 11, Orchard Estates (Master Plan pp. B-9 to B-13). Se washed from the soil in the form of larger particles will sediment out in the first basin along with much of the load of heavy metals and any organics such as PAHs or some pesticides that also stick to particles. Most organic pollutants are associated with fine and organic sediment and will not be removed by short residence time basins. Overall, organic pollution removal may not be substantial. However, almost complete removal of pesticides, including chlorpyrifos, from storm runoff from farm fields has been reported for storm treatment wetlands with only a few hours or days retention time (Schultz & Peal, 2001). The wetlands section of the bin 1 NTS system will contain, immobilize, and sequestrate an unknown amount of Se, but this is expected to be smaller than that retained in the sedimentation basin, as the hydraulic residence time (HRT) of the stormwater will be low so most soluble Se will pass downstream during storms. Dry weather flows will have a longer HRT but a lower Se content (—1 ppb), so only a is small Se mass will be removed. 39 Operation. Operation is passive for the storm water basins. The basins have been designed to have a sufficient hydraulic residence time so that larger particles will sediment out. Maintenance. Sediment will be excavated and disposed (see Draft Master Plan March 2003, table 7.2, column 5, Lines 13 & 22 titled minor or major sediment removal). Summer maintenance of any dry sediment remaining is not expected (see Draft Master Plan March 2003, table 7.2, column 5, lines 13 & 22 titled minor or major sediment removal). Also included in the maintenance is testing (see O & M plan of October 2003). Desien. Low barriers will be added (depending on the site) to act as dams during the dry season. Slowing down the flow will allow for the removal and immobilization of several particulate -bound pollutants including sediments, heavy metals and Se. A good example of the design of the in -line NTS is shown in the Draft Master Plan (March 2003, pp. A-6 to A-10, Woodbridge in -line basins, Site 26). In this case, permanent low rock weirs that will not affect flood control performance are proposed. As the system stabilizes with the retention of water, aquatic plants such as cattail and bulrush are expected to become dominant, since they already form the main vegetation in similar, already existing pools in SDC near or at the sites of the in -line bin 2 NTS. A key design feature is to ensure that on average the water level is higher than it would have been without the low weirs but still shallow enough that emergent macrophytes such as cattail will not be excluded. This depth is about 2 feet on average. Emergent macrophyte vegetation is already present in SDC where the in - line basins are to be located and some increase in that vegetation may occur. No SAV is present in most of these sites that are shallow and fluctuate with the changes in flow. The more stable but still fluctuating water levels will encourage more anoxia in the sediments, especially those under the macrophytes. These sites are likely to increase the removal of soluble pollutants such as nitrate and Se. Oneration. The in -line basins are a large part of the entire NTS system since they are already carrying pollutants. The operation of the in -line bin 2 basins will be to maximize pollutant removal. Operation will consist of keeping the water level between a few inches to about 2 feet, on average. It is expected that most Se will be lost to the sediments with the same fraction moving into the food web as occurs at present. The removal of pollutants such as nitrate and Se will occur without further assistance for those fractions lost from the aquatic ecosystem in gaseous form. Monitoring of the biota is required to determine the location of Se that is not volatilized. Where needed and to prevent growth of SAV, the weirs have notches with which the water level can be lowered or raised by adding flashboards. Maintenance. The maintenance of the bin 2 in -line NTS will occur when sediment has filled the basin or if plant removal is needed as part of flood control needs. Under the Draft NTS Plan (pg 126) it is expected that excess sediments and vegetation in the in - line facilities will be cleared annually in the fall. Sediments containing Se or heavy metals will be excavated and disposed (see Draft Master Plan March 2003, p. 123, table 7.2, column 5, lines 13 & 22 titled minor or major sediment removal). The major Se removal from SDC is expected to be via sediments since the fate of Se in • well -characterized wetlands is in the sediments (Horne & Roth, 1989 Fig. 5.1.8 pg. 25). However, any sedimentary Se in the overall sediment mass is not likely to elevate Se very much simply because large amounts of uncontaminated sediments and sand are major components of the total sediment load in SDC and will dilute the small mass of Se -rich matter. Summer maintenance is not expected other than occasional draining to reduce submerged aquatic vegetation. For flood control, sediments and vegetation will be removed as in other non-NTS systems. Any Se immobilized and sequestrated in the sediments or emergent plants will be removed at that time. Also included in the maintenance is testing (see O & M plan of October 2003). 4.2.3 Bin 3 Design. The two large wetlands, IRWD SJM 62/SAMS-1, are designed for the water to be drawn down frequently (weeks to months). The SJM has operated 4 of its 5 ponds in this fashion for several years. Such a frequent draw down schedule is a common in -lake management tool for suppression of SAV. The suppression of SAV reduces habitat and thus biomass of aquatic invertebrates such as chironomids and also reduces the biomass of the biofihn growing on SAV. Because the biofilm takes up Se, and chironomids are good food for birds, any reduction in SAV will reduce Se toxicity. The concentrations of Se in biota in SJM are not known at this time but SJM has no SAV, even though SAV is common in Peters Canyon Wash (PCW). In addition, based on limited sampling in November 2002 and May 2003, the numbers • of chironomids in SJM sediments were estimated at over 100 times less than in PCW. Operation. The two terminal bin 3 basins will be operated in the same fashion as the IRWD SJM. Depending on the results of the on -going monitoring program, all SAMS-1 cells may be operated with a frequent, two -week draw down -fill cycle, similar to the IRWD SJM cells 3-4 (see Draft Master Plan March 2003, pp. A-40 to A- 41 and table 7.2, p. 123). Maintenance. The maintenance of the two bin 3 NTS units will be the same as the present IRWD SJM. The present arrangement has been in operation since 1999 and has been shown to remove 30% of the Se passing thought it. No maintenance of the sediments has been needed so far but this may be required depending on the fate of the intercepted Se (volatilized, sediments or food web). Depending on the results from the April 2003 monitoring, some sediment removal from the anti -predator trenches may be needed. It is expected but yet to be documented, that this location in the deepest water with the most anoxic mud will be the main sequestration site for Se lost during passage (see Draft Master Plan March 2003, pp. A-40 to A-41 & p. 123, table 7.2, column 5, lines 13 & 22 titled minor or major sediment removal). Also included in the maintenance is testing (see O & M plan of October 2003). 5.0 RISK MANAGEMENT Current situation. Higher than desirable levels of Se in SDC have been known for some time. In • 2002 relatively high levels of Se were recorded in two sites in the lower SDC watershed (Horne, 2003). At present there is no management of the watershed to reduce the risk of Se poisoning to 41 wildlife, especially birds. Records going back to the 1970s show Se in the lower reaches of the creek varying from less than 2 ppb to 31 ppb (see Table 2). It is likely that the lower readings • may be due to dilution by clean rain water in storm events (B. Hibbs, pens, comm.), although the historical data presented in Table 3 indicates that overall winter values of Se are generally higher than summer. Currently, Se in the watershed is totally uncontrolled and varies with season, water year and changes in groundwater due to such events as the pumping during and after the construction of highways. For example, at present CALTRANS pumps 0.8 MGD of groundwater containing nitrate and Se into the sanitary sewers. This pumping is needed to avoid flooding of some freeways. Partial management of the Se risk is possible with the proposed NTS project. A chronic criterion for Se in water has been set for California at 5 ppb by the USEPA as part of its California Toxics Rule (CTR). Thus SDC often exceeds this water quality standard. The Santa Ana Regional Water Quality Control Board is implementing the 5 ppb CTR chronic criterion for point source discharges in the watershed as permits come up for revision. However, most Se in the creek appears to be coming from non -point sources that must be regulated by a TMDL process. In the SDC watershed, the relationship between Se in food or water at one site and toxicity to wildlife is difficult to define at lower Se levels since the dose of Se varies depending on the food eaten at any one time. In small systems such as SDC with other non - contaminated waters also present nearby, mobile animals may move between sites. Understanding the wildlife risk of low and intermediate Se levels in the SDC watershed require further monitoring, both present and future, in the creek and NTS sites. Known risk reduction and possible risk increases. If the NTS project is constructed, the results from other sites indicate the possibility that large amounts of Se that otherwise would pass uncontrolled down San Diego Creek and into Newport Bay will be controlled, immobilized, and • made non -toxic and sequestrated away from wildlife. In addition, some direct loss of Se will occur without damage to humans or wildlife due to volatilization directly to the atmosphere. The existing NTS has already reduced the risk of Se poisoning in SDC since it removes about 15% of the total Se flowing to Newport Bay, The NTS at SJM removes about 30% of the Se in the water passing through it. The SJM diverts about 50% of the high -Se base flow of the creek at this point and returns the lower -Se water a few hundred yards downstream. Therefore about 15% of the SDC Se is removed. Overall Se in the creek is reduced by 15% and the uptake of Se into the food web is approximately proportional to the Se concentration. Therefore the risk of Se poisoning in wildlife feeding below the NTS will be reduced by about the same percentage. It is expected that all NTS sites will reduce Se by some amount depending on inflow Se, size and residence time. Therefore -there is a strong indication that the overall risk to wildlife from Se poisoning will be reduced following the construction of the entire NTS array. This risk reduction must be balanced by a possible risk increase due to Se accumulated in the food web by the NTS themselves. Monitoring of the food web and birds will assist in making this balance positive for a net wildlife benefit. A key to reducing the risk of Se toxicity is the role of immobilization and sequestration (I&S). It is expected that for Se and other pollutants, the NTS will do a better job of I&S than the existing unmanaged streams, pools, wetlands and riparian corridors that now exist in the SDC. Most Se in water finds its way to the sediments. The better management of the sediments in the NTS will assure that, once in the sediments, Se does not easily find its way back into the water column. Management actions to ensure that the NTS does not cycle Se as easily as SDC include: • 42 (i) Sediment in the NTS will not be flushed down the creek in floods as currentlyoccurs • in SDC. Wetlands are excellent sites for sedimentation and the dense plant roots and thick stems reduce sediment transport downstream. In addition, the bin 1 and bin 3 NTS sites are off-line so water velocity is restricted to that below sediment disturbing levels. (ii) The NTS sites will be maintained with permanently wet and anoxic sediments unless otherwise needed. Anoxic sediments trap Se while oxidized sediments release Se. At present the SDC sediments wet and dry out over the summer and in between rains, ensuring high Se mobility. (iii) The detention basins will be excavated when sediment accumulates. Some absorbed particulate or absorbed soluble Se, will be present in the detention basin sediments and will be removed by routine maintenance. In comparing risks it should be noted that the IRWD SJM site has a number of differences from the other NTS sites that would tend to increase the risk of Se toxicity. The sites have very different areas of open water (-90% for SJM) and 10% emergent vegetation such as bulrush (� 10% for SJM). The opposite will be true for the bin 1 NTS, and the bin 2 NTS will only be intermediate. The SAMS-1 bin 3 site will resemble the bin 1 sites with mostly vegetation. The uptake and equilibrium concentration of Se in aquatic biota is expected to be similar in all NTS systems as well as in the unmanaged SDC, since tissue levels reflect the long-term Se exposure in the water and aquatic animals, as well as the concentration and mass of bioavailable Se. The availability of any Se -contaminated biota, the access of this biota to birds, and the abundance of the potentially Se -contaminated biota is anticipated to be different in SJM and the other NTS sites. The other NTS sites are predicted to have a lower Se risk than the SJM. The Chevron • marsh with its similar inflow of — 25 ppb Se currently can be considered to provide a net benefit for birds with a known risk of Se toxicity being more than balanced by an improved habitat for bird nesting. A similar net balance may be required at NTS sites and may need some further improvement in the bird -friendly lower sections depending on the monitoring results. Adaptive management actions to ensure a net positive balance would include those similar to ones carried out at the Chevron Marsh (reduction of predation to nests and chicks, removal of bird -friendly areas at the upper and higher Se sections of the NTS, increased vegetation density (and thus Se removal in the upper ends -and perhaps all of the site), use of water levels that favor bird foraging in the lower Se sections, (Ohlendorf & Gala, 2003)). The TLDD site in the San Joaquin Valley (see earlier) is comparable to the NTS in that up to 60% of the Se was removed (Tanji, 1998). In addition, the TLDD site has shown some plants, food chain items and bird eggs with undesirably high Se. However, the TLDD site was not designed to minimize Se exposure to wildlife, unlike the NTS. The risks to wildlife at the TLDD site are not directly a comparable situation to the NTS since, as far as I know, it was partially designed as an evaporation basin. Test wetland sites at the TLDD were also designed for experiments on Se removal not to prevent wildlife access or to immobilize and sequestrate Se in the sediments. In fact, mobilization of Se through the food web to encourage volatilization of Se was a major part of the TLDD project. Such a consideration is not part of the NTS design, although incidental Se volatilization that does not increase food web exposure to Se is expected in the NTS. In a recent study of the remaining risk at the restored Kesterson Reservoir marshes, Byron et al., 2003, conclude. "The Ecological Risk Assessment Model yielded the following conclusions: • Predicted selenium concentrations in bird dietary items (composed of aquatic invertebrates, terrestrial invertebrates, or terrestrial plants) exceeded dietary levels of concern for reproductive 43 impairment in black -necked stilt and killdeer and exceeded levels of concern 16-43% of the time for mallards. However, no evidence of toxicological impact has been observed for these species • in the 12 years of the Kesterson Reservoir Biological Monitoring Program, including the results for 1997-98, the year of highest ponding at Kesterson.. —The average number of black -necked stilt and killdeer hens expected to have one or more eggs fail to hatch due to elevated selenium exposure to the Kesterson Reservoir ephemeral pools was expected to be fewer than two hens for 99% of modeled years." (Byron et al., 2003). Se in the temporary pools measured by Byron et al. in this study exceeded 1,000 ppb initially and aquatic invertebrates had levels of Se comparable to those found in SDC (water mean, 6-8 ppb; aquatic invertebrates 15-27 ppm, Byron et al., 2003). 6.0. ATHALASSOHALINE CONDITIONS. Athalassohaline waters are salty lakes not formed by desiccating seawater. Athalassolialine conditions are present when the minerals present in the water are derived from the land and not the sea (athalasso = not marine), and when the water becomes salty (salty = haline; usually defined as above 3 ppt or 3,000 mg/L TDS). Inland lakes such as the Great Salt Lake in Utah or Pyramid Lake in Nevada are classic athalassohaline lakes. It is not clear that the salinity of the groundwater in SDC drainage is sufficiently saline for inclusion. In addition, the salt mix from the Coast Range may be more saline than freshwater. 7.0 IMMOBILIZATION & SEQUESTRATION (I&S) OF SELENIUM With the exception of nitrate, some Se and some pesticides, immobilization followed by . sequestration is the main method of reduction of pollutants anticipated in the NTS systems. These three will be metabolized to varying extents and gaseous products (nitrogen, dimethyselenide, carbon dioxide) released to the atmosphere. 1&S follows three pathways: (i) From solid sediment -bound forms (potentially bioavailable after chemical reactions in SDC) to storage in the sediments of the detention basins (to be removed as needed). (ii) Frombioavailable soluble form to the sediments, where it will become an unavailable solid mineral (removal may not be needed for many years). (iii) From soluble or bound particulate form to the sediments, where it will become unavailable by strong sorption with humic substances formed from wetland plant decay. Only i and ii apply for Se in SDC. The risk involved is that some of the Se (as with other pollutants) will be bioavailable in the time between entering the NTS and I&S. Thus there is a definite risk that some wetlands biota may become contaminated and pass Se higher up the food chain to sensitive bird species such as mallard that may potentially be attracted to habitat created by the NTS. This is an unavoidable risk but is a much smaller and controlled risk than allowing the Se to flow uncontrolled down SDC as in the existing situation. The November 2002 studies have shown that at present in SDC, Se can be accumulated in large amounts by biota (e. g. chironomids, fish, dragonfly larvae) that are potentially available to mallards, avocets, and stilts feeding there. Because the NTS may potentially increase the risk . of Se bioaccumulation, the NTS Plan includes extensive monitoring and provisions for M sediment and vegetation clearing should levels of concern be detected. In particular, if • habitat for the most sensitive species such as mallard by the NTS is improved, there is a risk of producing an attractive nuisance with some of the NTS sites. The balance between improved habitat and toxicity from increased Se availability (if it occurs in the NTS) must be tilted towards the birds. The example at Chevron or SJM are examples of relatively minor management strategies available. 8.0 VOLATILIZATION OF SELENIUM Although most Se in the NTS systems is designed to follow I&S and end up in the sediments, some Se will be lost by volatilization. In the context of Se biogeochemistry, volatilization is the natural process whereby a gaseous form of Se called dimethylselenide is produced by microorganisms and finds its way to the atmosphere. In nature, Se is lost from soils all over the world by volatilization. Se volatilization is favored in damp or wet soils where reducing conditions temporarily occur. Thus the resultant gas concentration peaks in the atmosphere in the damp conditions of late spring and early summer when damp soils and warm temperatures coincide. It is inevitable that some Se will be lost from the NTS systems by volatilization. At this time the amounts of loss by volatilization in the NTS based on other studies range from 9 to 30% (Lin & Terry, 2003, Hansen et al. 1999). In many ways Se lost by volatilization is the preferred course of events since the Se will be removed permanently from SDC with no cost other than operation of the NTS. However, volatilization is not as well known a process as denitrification of nitrate to nitrogen gas, and the rate of Se gas loss cannot be accurately predicted. In particular, it is not known how to stimulate Se volatilization rates in the field to meaningful levels though some methods hold promise (Frankenberger & Benson, 1994). • The Chevron case discussed earlier provides some evidence that up to 70% of the Se was lost from the overall system and as much as 89% in some test sites. It is highly unlikely, but not impossible, that such high rates will be achieved in the NTS in SDC. There are already a number of sites in SDC with some of the characteristics of NTS (cattails, anoxic sediments) even if these do not occur in the same spatial arrangement as NTS. If volatilization was the primary removal pathway, both Se and nitrate would soon be lost in SDC and would not pose the current problem. There are, however, some vegetation management techniques that can improve the volatilization of Se in the NTS system and even the currently uncontrolled SDC. Such techniques are not yet developed for practical use, but could be investigated if other means do not provide a suitable answer to the TMDL targets in SDC and Upper Newport Bay. The volatile gas emitted, dimethylselenide, is toxic when inhaled above certain levels. The toxicity of dimethylselenide was considered by the California State Water Resources Control Board when volatilization was proposed as a method to clean up Kesterson Reservoir by the USBR and its contractor Dr. Frankenberger (UC Riverside). Although Dr. Frankenberger was unable to achieve adequate rates for clean up at that time, the Board's preliminary conclusion was that there would be sufficient dilution of dimethylselenide by clean air at any conceivable volatilization rate. Many plants and microbes all over the state and the world release dimethylselenide naturally, but these rates too are minute compared with the toxic levels. The Chevron site not only showed a large percentage loss by Se volatilization but also an improvement in wildlife. As a result of the adaptive management at Chevron, the Se • concentrations in the eggs of black -necked stilts has fallen to less than one-half. In 1994 the eggs contained 25.8 ppm Se but only 11.2 ppm in 1999. This decrease in Se in the eggs results M in a substantial reduction in the likelihood of Se -caused reproduction impairment (Ohlendorf & Gala, 2003). . 9.0 NUMBERS OF CONTAMINATED PREY ITEMS FOR BIRDS 9.1 The role of Submerged Aquatic Vegetation (SAV). The reduction in risk by using the controlled NTS system of Se removal can be approximated relative to the existing uncontrolled watershed. For a first approximation the reduced numbers of bird prey items can be used to determine risk reduction in the NTS. The availability of contaminated bird food items, such as chironomids, should be reduced in the NTS design. In spring 2003 the existing NTS at SJM showed very low chironomid population densities relative to those found in SDC in November 2002. It is not known if the difference persists over most of the year but further monitoring should determine the answer. The NTS systems are designed to have little to no submerged aquatic vegetation (SAV). The SAV habitat is well recognized as having much denser biota than most other habitats. Surveys made in 2002-2003 in PCW and the Santa Fe Channel found considerable amounts of SAV in both the deeper pools and the shallow concrete lined channels. The SAV can actually grow in very shallow water (< 5 cm) although the upper leaves are usually out of the water. Under these conditions, the rest of the plant is submerged and proved a good habitat for several aquatic invertebrates in PCW in November 2002. By discouraging the growth of SAV by water draw down, much of the bird food (especially the epifauna = chironomids, dragonfly and damselfly nymphs) will not develop robustly. The risk to buds in consuming Se -rich epifauna will be decreased greatly when SAV is absent or much • reduced. 9,2. The tole of the biofilm. The biomass of the biofilm on SAV is normally so large compared with the biomass of planktonic microbes that most Se uptake in wetlands occurs in the living biofilm of the sediments and SAV. For example, in the permanent wetlands at Kesterson Reservoir the biofilm biomass (— 1 kg/m2) approximately equaled that of the standing SAV. The planktonic component was estimated at less than 1/1000 of this mass (i. e. chlorophyll a < 50 ug/L; Horne & Roth, 1989). The concentration of Se in both SAV and the biofilm at Kesterson was similar (� 60 ppm in May 1986). In the biofilm, soluble Se is either reduced to inert Se metal or metabolized to selenomethionine in living tissues. Passage of incoming Se from initial transformation to higher trophic levels in the food web is much more likely in SAV biofilm than the sediments. The sediment biofilm is more likely to be reducing (due to decomposition and respiration) while SAV biofilm is more likely to be oxidizing (due to diatom photosynthesis and contact with surface water). Thus the sediment biofilm is more prone to produce Se° precipitate while SAV biofilm is more prone to produce organic Se, some of which is long lasting and toxic as it passes up the food web to birds. In Kesterson Reservoir, most of the highly contaminated living biomass was found in SAV (—> 99% epiflora and epifauna; Horne & Roth, 1989 p. 92 and Table 5.6.2 therein). Contaminated living biomass did occur in the sediments but in the permanently flooded areas typical of the • NTS, this biomass was small compared with that in the SAV. The measured distribution of living biomass in many of the permanently flooded sites was determined by the low dissolved M oxygen, which restricted most life to the upper water. In those sites where dissolved oxygen at • the sediments was adequate, usually the seasonal and ephemeral wetlands, contaminated aquatic insect larvae were present in vegetation and sediments. Many bird prey items, in particular larger damselfly, dragonfly larvae, and some chironomids, prefer the better -oxygenated and sheltered SAV habitat. The largest NTS system, the IRWD SJM (bin 3 system), has no SAV other than the barnyard grass deliberately planted to provide carbon for denitrification. The proposed smaller NTS bin 1 systems will also have little or no SAV since the design calls for about 90% plantings of dense stands of large emergent macrophyte cattails and bulrush (Master Plan, March 2003, Fig 5.1, p 98, Fig. 5.2 p. 103). Large emergent plants shade out SAV. In the flow -through bin 2 NTS the amount of SAV will be reduced by occasional water level reduction (as in SAMS-1 in bin 3) and the expected overgrowth of cattails and bulrush since the water levels will be shallow (— 2 feet or less). For a first approximation, the reduced percentage of SAV coverage in the uncontrolled and controlled habitats (901/o) can be used to determine risk reduction in the NTS. Some support for this estimate can be gained by considering the numbers of chironomids, a prime food for many birds, in the existing NTS system (IRWD SJM) relative to that in PCW. Measurements made in 1992- 93 show that there about 200 large red chironomids in the rich mud in the deeper parts of the PCW pools but less than one in both the deep and shallow sites at the IRWD SJM. In addition, scuds and crawfish were abundant in the shallow, water of Santa Fe Channel and PCW, but were virtually absent in similar areas of SJM. Finally, dragonfly and damselfly nymphs were common in PCW but were rare in SJM waters. The question then arises as to how Se is removed in the current NTS site, the SJM Although • more monitoring is needed at partial answer can be given based on the monitoring results to date. SJM removes about 30% of inflowing Se and 30-50% of inflowing nitrate (ranges depend on how the inflows are time averaged). In theory and if the marsh was a fully stirred tank reactor, the entire nitrate pool would have to be depleted before it was thermodynamically possible for Se reduction to occur, The SJM is deliberately a simple system with shallow open water with no vegetation in the majority of the wetland and deeper anti -predator trench with an attached and partially floating bulrush stand around the perimeter. Preliminary observations show that the open water sediments are normally well oxidized while anoxia is at least sometimes present in the deeper sediments under the bulrush root mat. Therefore the most likely explanation of the observed Se and nitrate removal in SJM is that the anoxic macrophyte perimeter areas deplete both nitrate and Se while the shallower regions may only deplete small amounts of nitrate. The projections made for nitrate removal at SJM prior to its construction estimated that only about one-third of the maximum rate would be achieved due to the low amount of macrophytes planted (Horne, 1995a). This prediction has been confirmed by the current nitrate removal process and also explains the observed Se removal rate. In the NTS a larger Se and nitrate removal is anticipated since there will be a much greater coverage by macrophytes. 9.3 Reduced accessibility to birds of remaining potentially contaminated bird prey items/Exposure of birds to contaminated prey items. The biofilm forms on (i) SAV, (ii) the dead leaf detritus at the base of emergent macrophyte stems and (iii) sediments. Se can be taken up from the water by the biofilm at any of these sites. . However, the SAV biofilm is much larger and very much more accessible to the invertebrates that are food for birds than are the two other biofilms. It is a deliberate design decision to make M the NTS sediments and deepest water anoxic but the waters above this layer oxic. Few organisms can live under the anoxic conditions that are most desirable in the surface sediments • of treatment wetlands. Even the red eWronomids that live in sediments in SDC require at least 20% DO (— 2 mg/L). Other potential bird food such as planktonic copepods cannot tolerate below 2 mg/L DO. The minimum DOES for nitrate reduction is 0.5 mg/L DO so it can be seen that the low DO habitat of potential bird food and the sites of pollution immobilization and sequestration do not overlap. This point is crucial in reducing the risk of birds when treating Se or any other toxic material in treatment wetlands. The reduction in the amount and availability of a Se -contaminated biofihn to bird prey was described above. Risk in the controlled NTS relative to the uncontrolled SDC will be further reduced by the design of some of the NTS systems as shown in the Master Plan (March 2003, Fig 5.1, p. 98 that shows the generic wetland). The design for pollution removal in the wetlands sections of the NTS normally has a method for spatial isolation of contaminated biota and birds. The wildlife is normally expected to be in the upper, oxygenated water. The biofilm that takes up and immobilized Se is in the lower, anoxic zone. Some Se will be removed in the upper oxygenated component and this Se may still be available to birds. However, this biofilm will be similar to biofilm already extant in SDC. It may be necessary to further reduce the area friendly to birds by several methods described in this memo. Thus the generic figure 5.1 does not represent all possibilities of bird habitat and does not represent the likely distribution of aquatic birds where their prey may be Se -rich and available. The reduction in risk will occur passively in those NTS sites where dense vegetation and small open water areas restrict the access of many birds. Specifically, these are the bin 1 NTS Units and those bin 2 wetlands where macrophytes spread over much of the sediment area. . Approximately 30% of the NTS will fit the above description of low bird accessibility. The remainder will approximate the SIM where Se bioavailability is suspected to be low based on the Se found in 7 eggs collected thus far. Other measures of reducing the availability of some wetland and ponds sites to birds are available. A component of lake management is the problem caused by birds such as Canada geese and coots to smaller lakes and lawns or golf courses. Considerable effort has gone into this area of lake management. One form of small-scale restriction of bird movement that has had success in England is the erection of small fences between water and land. Given the design of the NTS with dense areas of high emergent plants, birds cannot easily land in the marsh. Birds landing elsewhere can be prevented from walking into the wetlands by fencing. Since flying over the top of the fence and landing inside the fully vegetated wetland is not possible, exclusion can result in the upper wetlands where most treatment and toxic removal is expected to occur. Such strategies will only work for large birds such as ducks, but these are probably the most at risk from Se. 9.4 Balancing risks of mosquito control and selenium in mosquitofish. Mosquito control is normally carried out using fish, especially mosquitofish that are supplied by the local vector control district. However, mosquitofish sometimes contain relatively high amounts of Se and are abundant in some circumstances (e.g., pools in Peters Canyon Wash). It is not clear how many birds use mosquitofish as a main part of their diet, but herons, eagrets and • kingfishers are know to take them (Ohlendorf, pers. comet.). It is possible that mosquitofish will 48 be a food source for other birds in which case they pose a serious risk in SDC, assuming that the • birds feed often at this kind of site. 10 ANALYSIS 10.1 Threat of Selenium Toxicity with NTS Project. No greater than now? Based on the results from several other Se -containing sites discussed above, especially the Chevron site and IRWD's SJM, it can be proposed, using the controlled NTS, that the threat of Se toxicity to SDC and Newport Bay will not be greater than the uncontrolled system now extant. At the Chevron marsh the management of the bird and prey habitat has resulted in a "net benefit" to birds despite acknowledged negative effects of Se to bird eggs and chicks (Ohlenorf & Gala, 2000). The amount of Se in both Chevron effluent and SDC are similar and well above the currently proposed 5 ppb for SDC. The situation so far at the existing NTS site, SJM, is that no effect of Se in the water has been shown in the 7 eggs collected thus far. In both cases the situation is not ideal. The reduction of Se to lower levels is still the most desirable, if difficult to envisage, solution. However, if additional monitoring in SDC and SJM continues to show a large risk in the uncontrolled creek wetlands, the possibility exists that the controlled wetlands of the NTS will improve the situation. The reservation is that to the extent that new wetlands are created by the NTS there will be a greater potential area for Se uptake. Monitoring should ensure that the bioavailability of Se in the new NTS remains lower than an equivalent area of SDC. • Probably reduced? Based on results from several other Se -containing sites discussed above, especially the Chevron site and IRWD's SJM, there is good evidence, using the controlled NTS, to support the contention that the threat of Se toxicity to SDC and Newport Bay will be less than the current uncontrolled system. The reduction in bioavailable Se to the entire watershed is approximately 30-70% as measured by anticipated Se removal. 10.2 Selenium partitioned from the food web. 10.2.1 Immobilization & Sequestration US). The design of the NTS Project is to either destroy pollutants (e.g., nitrate, as is occurring now in the IRWD NTS or the Orange County Water District's Prado Wetland on the Santa Ana River) or immobilize and sequestrate them in the sediments (Draft Master Plan, March 2003, p. 115 section 6.4.2). Once I&S has occurred (a few hours to weeks, e. g. Kesterson Reservoir, Site Pond 5A isolation site), the resulting Se (as with other pollutants) is separated from the food web in three ways. • First, the Se is held in a biologically unavailable fashion (Se' metal or as a -Se-H group in organic sediments). • Second, the NTS sediments are deliberately kept anoxic (no oxygen) both to provide the conditions needed to initially assist in the I&S and to be an inhospitable place for aquatic invertebrates. • • Dense vegetation and no open water areas restrict the access of birds to the potentially contaminated Se transfer area (soluble Se -4 Se). Wet sediments are normally anoxic since the definition of a wetland is that it contains hydric or . reducing soils. However, in some circumstances such as the presence of flocculent sediments, winds, and low oxygen demand, oxygen can be introduced to otherwise immobilized Se. Additional risk could arise after I&S if such an oxygenation occurred or if reduced Se entered the food web (Luoma et al., 1992). However, the 2.3-year experiment at Kesterson showed thatall highly contaminated biota became very much lower in Se overtime and that the base of the food web had reached 2-3 ppb in 2 years. In addition, there is a decrease rather than an increase in Se in the water in the outflow from the SJM, the main ponds of which are drawn down to wet sediments several times per year. This result indicates that little or no Se moved from the sediments to the biota relative to that which moved from biota to sediments. It can be expected that a similar trend will be followed in the NTS but monitoring will be required to ensure and measure any releases of Se from wet sediments. The sediments in the NTS are specifically designed to not provide food for most aquatic invertebrates (again a partial function of anoxia but also the kind of sediments created). The sediments are designed by choosing the kinds of plants in the NTS and the hydroperiod or water regimes. In the NTS the designated main plants are cattail and bulrush (Draft Master Plan March 2003, Fig. 5.1, p.98). Although it is possible for dense cattail and bulrush stands to support dragonfly and damselfly larvae they are not common in the bulrush stands of SJM, though common in SAV of SDC. It is also much more difficult, but not impossible, for a large bird such as a duck to penetrate and feed effectively in the kind of very dense macrophytes needed for good pollution treatment. That is the reason why in many cases, ponds are added as separate features to assist the birds in landing near and access to the treatment macrophytes. In the NTS • such ponds may have to be limited or removed if Se is found to be problem after monitoring. Most I&S for soluble Se is expected to occur in the more active cattail cells that are designed as the cell following the sedimentation or detention basin cell (Draft Master Plan March 2003, Fig. 5.1, p.98). Cattails were selected since they release most of their soluble labile organic carbon relatively quickly, within a matter of weeks. This carbon will power the bacteria to carry out I&S of Se (the process must be thermodynamically favored by the sediment conditions but the rates of reaction are dependent on bacterial action and sediment conditions; Hume et al., 2002). It should be emphasized that flooded soils soon become anoxic no matter if the water bearing oxygen is flowing stagnant. Hydric soil results from extended anoxia and is one of the three components of the federal definition of a wetland. The situation in streams is the same, anoxic soil, but with the proviso that gravel and rocks with high porosity to lateral flow will remain oxygenated. The respiration of the bacteria in the sediments (most sediments are dead and decaying cattail leaves and stems) ensures anoxia. Keeping the site flooded (frilly aquatic hydroperiod) ensures that anoxia remains. Few aquatic creatures of any kind find attractive anoxic sediments composed of carbon and nutrient depleted plant stems. In particular, insect larvae and other aquatic invertebrates' large enough to be bird food cannot survive and actively avoid the anoxic sediments. A few insects such as the red chironomid larvae can survive in almost anoxic conditions due to special hemoglobin that loads and unloads oxygen at low oxygen concentrations. However, these chironomids are normally found in rich organic mud where food is plentiful, not in the almost peat -like infertility of the NTS sediments. Nonetheless, there will be a few potential bird food items in the sediments . where they have at least potential access to Se if the system were to suddenly dry out and re- 50 flood over a few weeks. That is a small but unavoidable risk for Se. For example, the April • 2003 survey of the IRWD SJM indicates that the numbers of red chironomids in the anoxic sediments are about 600 times less than those in the apparently richer mud of Peters Canyon Wash. Immobilization and sequestration of Se in the sediments under stands of cattails or bulrushes is assisted by the phenomenon of non -transport of Se from roots to rhizomes, stems, leaves or seeds. In the wetlands at Kesterson Marsh contaminated soil contained a mean concentration of as much as 126 ppm dry weight. However, at the same time (summer 1998) cattails growing on these highly contaminated sediments showed low values in tissues (leaves = 0.5 ppm, stems =0.1 ppm, rhizomes = 1.3 ppm), while roots remained relatively high (9.9 ppm; Horne & Roth, 1989). Thus it. is possible to grow cattails or bulrush on Se contaminated waterlogged sediments without risk to wildlife feeding directly on the plants (other than the roots). In the NTS systems the dense stands of cattail and bulrush assist in the sequestration of Se by not transmitting the stored Se to the food web (it is expected that cattails and bulrush will comprise over 90% of all living biomass in the NTS after 1 year (cattails) and 2-3 years (bulrush)). 10.2.2 Volatilization. The dimethylselenide that is the volatile product of Se metabolism is relatively insoluble in water and simply bubbles or diffuses out from the root zone to the air. It is unlikely that there would be enough dimethylselenide to form its own bubbles; in wetlands, bubbles of the more common nitrogen or methane act as convenient carriers of other trace gasses such as dimethylselenide. A small fraction of the dimethylselenide will dissolve and may be oxidized and taken up by bacteria and thus enter the open food chain. Reduction of this avenue of contamination in the NTS system is primarily by the encouragement of denitrification (to • provide carrier bubbles and speed passage through the water) and a shallow water column of about two feet so that little time is spent in the open water (see Draft Master Plan March 2003, Fig. 5.1, p. 98). A good example that dimethylselenide is likely to pass into the food web is given by the detailed studies in the experimental 1-acre Pond 5A at Kesterson Reservoir. Here the highly contaminated water (initially —300 ppb; — 60 ppb at start of experiment) and biota (initially up to 400 ppm dry weight; up to 130 ppm at start of experiment) were exposed to a relatively low Se groundwater source (— 1-2 ppb total Se). After only three weeks, Se had fallen from over 60 to < 5 ppb. Over the next 2.3 years,. Se in 22 biotic compartments that included every living aquatic organism fell steadily to a small fraction of the original value (final value depended on species and lifespan). It is known that dimethylselenide was produced in Pond 5A since it has a characteristic odor and experiments showing dimethylselenide release were carried out nearby by Dr. Frankenberger (UC Riverside). 10.2.3 Selenium managed. Se management as described in the Master Plan (March 2003, pp. 114-116, Section 6.4) is relatively simple. With the plant palate to be used in the NTS systems (dense cattails, dense bulrush), Se will not bioaccumulate to high levels in the above ground parts (especially the seeds) and become a problem. It is estimated that Se in these plants will be low in all parts (stems, seeds, leaves >1-2 ppm) but that the roots may have relatively high Se levels (> 5 ppm). This conclusion is supported by the values found in PCW where sites were deliberately chosen to be near high -Se seeps (water > 100 ppb). For example, tissue concentrations for cattails in PCW in November 2002 were 1.1 to 2.3 ppm dry weight, less than any published criteria for safe consumption as the sole diet for wildlife. For comparison, Se in • the water at that time in PCW was 30 ppb, about as high as can be expected and equivalent to the 17 year maximum in the lower reaches of SDC (Table 1). 51 The Se in plant tissue, as well as that in the sediments, invertebrates and bird eggs, will be monitored as part of the management plan. The level of action for adaptive management or even • closure of an NTS site will depend on the results of the monitoring. However, it is certain that the levels of Se in some parts of the food web will be above the guidelines for agricultural drain water (see Table 4). It is part of the NTS design that those parts of the food web that are most important for birds (e.g. bulrush seeds for mallard) will be low. 10.3 Possibility of no significant net impacts from selenium. At NTS Facilities. Impacts from Se in the NTS will occur if Se in the water is incorporated into the food web and is sufficiently bioavailable to birds so that developmental or other defects occur in the eggs, hatchability, or chick survival. The NTS is designed to prevent this in the following ways: • Selenium in the water will primarily be taken up and either immobilized or sequesttated in the sediments rather than passing into the surface food web. The NTS sites provide good anoxia that drives Se to the immobile form. The NTS sites are mostly covered with emergent aquatic plants that do not transfer Se from the sediments to the edible seeds, leaves and stems. • A second level of protection is provided by the vertical separation of any bird food items from the majority of the Se immobilized in the sediments. The anoxic, acid sediments are poor habitat for most bird food items (aquatic insects) that require at least some oxygen dissolved in the water. • • A third level of protection is provided by the horizontal separation of any bird food items from bird access. The bird friendly Sites are at the downstream end of the sites and access may be restricted to the upper sites by fences. • A forth level of.protection is provided by the reduction in SAV. SAV is the prime habitat for animal bird foods such as chironomids, dragon and damselfly nymphs, and snails. In the open water NTS sites, regular but short water level fluctuations eliminate SAV. Overall, I&S is expected to remove most Se from the realm of biotic availability. However, the Se in the biota in the NTS facilities will include biota migrating or washed down from other uncontrolled sites and may show higher Se than desired. It will only be possible to determine if these organisms are from upstream if there is no suitable habitat for them in the NTS wetland. Downwash of contaminated biota should be mostly confined to the in -line basins (bin 2). However, the undesirable levels of Se in these biota derive from exposure at locations outside the NTS units, and are not a project impact. To the extent that the NTS will remove Se and provide additional wildlife habitat, a net improvement is expected (as at the Chevron marsh). However, there are only a few existing habitats -that have had the task of mixing Se and wildlife so predictions are necessarily less well founded than those for some other pollutant removal sites (e.g. the thousands of wet storm detention ponds that mix heavy metals, pesticides, PAHs and oils with wildlife). 52 In watershed caused by NTS Facilities. • On balance the impacts from Se in the NTS may be expected to result in a net positive effect. The main beneficial effect will be an overall reduction in bicavailable Se throughout the watershed. It is expected that bioaccumulation of Se will occur in the NTS systems, just as it does in SDC at present. To the extent that the NTS reduces overall Se in the system, an overall improvement will occur. Since the existing NTS at SJM reduces 15% of all the Se in SDC (30% in the diversion to the marsh) it is reasonable to expect that the larger area of the entire NTS will take up more of the Se in the entire system than currently removed. The bioaccumulation of some Se in NTS food web cannot be prevented, just as it cannot be prevented in the current SDC. The difference is that the NTS design for Se and other pollutants such as heavy metals is to immobilize and sequestrate or volatilize (IS&V) much ,more Se than the current system. Potential damage to birds due to Se entering the food web in the NTS is anticipated to be more than offset by the amount of IS&V carried out by the NTS. The reduction will primarily be due to the controlled immobilization and sequestration of Se in the NTS combined with some removal of Se via volatilization in the NTS. The toxic impact of the remaining Se not removed or bound in the NTS will be reduced in proportion to the success of the NTS. Thus a beneficial effect is expected in the remainder of the watershed including Upper Newport Bay, which is the home of a rare form of the California Clapper Rail. 11. PROJECT DESIGN FEATURES 11.1 Monitoring to Confirm Reasonable Expectations. • The uptake of Se into biota and its immobilization and sequestration into the sediments has been well studied. The volatilization and permanent loss of Se in wetlands is known to occur but is less well known in terms of predicting rates. However, it is well known that Se is rapidly taken up into aquatic biota in circumstances similar to those in the NTS. It is also well known that the depuration or loss rate of Se in aquatic biota (months -years) in natural systems is very much slower than uptake (days -weeks). Typical half-lives for Se in aquatic biota range from months to years in natural systems where Se recycles and about 30-days in laboratories where excreted Se is continuously removed. Therefore the monitoring program (Draft Master Plan, March 2003, table 8-1) more than meets expectations that any Se problems will be identified in the NTS. 11.2 Response Actions as Appropriate. As with most facilities, a good monitoring program is the best way to be certain that predictions of harm or reduction of harm are going as planned. For the NTS Project, a monitoring program at selected typical sites has been proposed (Draft Master Plan, March 2003: Section 8). In particular, comprehensive and extensive collections of aquatic invertebrates has been detailed for the baseline pre -construction, 3 months after startup, years 1-3 after startup, and +4 years after startup (Draft Master Plan, March 2003, table 8-1). A separate selenium action plan has been developed (see NTS Draft EIR appendices) to address specific monitoring measures and consequential measures to be taken should the early monitoring indicate such preventive measures are needed. With the benefit of hindsight, if a program of monitoring for Se as suggested in the NTS Master Plan had been carried out in Kesterson Reservoir in 1978-79 (the • first year of full operation), the Se in the chironomids would have given full warning that bird toxicity was soon to follow. 53 REFERENCES • Bachand, P. A. M. & A. J. Horne, 2000a. Denitrification in constructed free -surface wetlands 1. Very high nitrate removal rates in a macrocosm study. Ecological Engineering 14: 9-15. Bachand, P. A. 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Oct. 1997. • 57 Pi • E • • San Diego Creek Watershed Natural Treatment System TABLE 17 CUMULATIVE HABITAT CREATION/ENHANCMENT BY NTS FACILITY Site No. Site N%ame Gross Acres O&M - Acres : 'Marsh O&M Acres Open Water Total O&M _Acres _Gras_ sland Scrub Salt 'Water Marsh Mixed Riparian, Scrub Total Enhancement' Acres _ Existing Regional Sites 13 Rattlesnake Reservoir (46.0 acres) 0.00 0.00 1 0.00 1 0.00 1 0.00 1 0.00 0.00 0.00 0.00 39 Sand Canyon Reservoir (28.0 acres) 0.00 0.00 0.00 0.00 0.00 0.00 "0 0.00 0.00 46 San Joaquin Marsh - Augmentation (56.0 ac) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal 0.00 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 NTS Sites Constructed or Currently Under Construction With CEQA Does 31 PA17 -West Basin 7.30 0.21 0.05 0.26 2.12 0.50 0.00 1.95 4.83 32 PA77-East Basin 1.00 0.42 0.10 0.52 0.60 0.62 0.00 0.00 1.64 49 PA17-Center Basin 0.80 0.00 0.00 0.00 0.43 0.00 0.00 0.00 0.43 42 PA27-Turtle Ridge North 1.60 0.27 0.07 0.34" 0.13 0.47 0.00 0.00 0.94 Subtotal 10.70 0.90 0.22 1.12 3.28 1.49 0.00 1.95 7.84 NTS Sites Not Constructed With CEQA Does 16 Trabuco Retarding Basin 28A 1.78 0.45 2.23 16.00 1.38 0.00 0.00 19.61 _ 18 Marshbum Retarding Basin 21.2 4.9 1.2 6.10 15.50 5.00 0.00 0.00 26.60 22 MCAS El Toro-Agua Chinon Lower 10.3 3.25 0.82 4.07 _ 0.00 0.00 0.00 0.00 4.07 50 MCAS El Toro - Irvine Auto Center 8.6 0.68 0.17 0.85 0.00 0.00 0.00 0.00 0.85 51 MCAS El Toro - Serrano 9.6 2.66 0.67 3.33 0.00 0.00 0.00 0.00 3.33 52 MCAS El Toro - Bee Canyon 3.5 0.66 0.17 0.83 0.00 0:00 0.00 0.00 0.83 _ 70A I Agua Chinon (Multiple Basins) 0.9 1 0.02 1 0.005 0.03 0.50 1 0.00 0.00 _ 0.00 0.53 70B Aqua Chinon (Multiple Basins) 1.4 1 0.02 1 0.005 0.03 0.50 0.00 0.00 0.00 0.53 70C Agua Chinon (Multiple Basins) 0.9 1 0.02 1 0.005 0.03 0.50 0.00 0.00 0.00 0.53 71 Marshbum Channel 1.8 0.008 0.002 0.01 0.50 0.00 0.00 0.00 0.51 Subtotal 86.3 14.0 3.5 17.5 33.50 6.38 0.00 0.00 57.38 NTS Sites Addressed In NTS EIR Only 26 Woodbridge In -Line Channel Basins 2.30 2.23 0.00 2.23 0.00 0.00 0.00 0.00 2.23 27 Barranca Off -Line Wetlands 0.00 0.20 0.00 0.20 0.00 0.00 0.00 0.00 0.20 53 Caltrans SR-133/1-6 Interchange 1.44 0.70 0.17 0.87 0.00 0.00 0.00 0.00 0.87 54 Caltrans SR-261N11alnut Avenue 2.73 _ 1.66 0.42 2.08 0.00 0.00 0.00 0.00 2.08 55 Santa Ana/Santa Fe Channel 0.12 2.30 0.00 2.30 0.00 0.00 0.00 0.00 2.30 R V'r0ject$VRWD0i0T0ChWS 6&7.011404 DOC 1 Biological Technical Report San Diego CreekWatershed Natural Treatment System Draft TABLE 17 (Continued) CUMULATIVE HABITAT CREATIONIENHANCMENT BY NTS FACILITY (Continued) Site No, Site Name Grove Acres 03M Acne Marsh O&M Acne Open Water Total O&M Acres Grassland Scrub Salt Water Marsh Mixed Riparian Scrub Total Enhane ment Acne 66 El Modena Park 2.48 0.66 0.16 0.82 0.00 0.60 0.00 0.00 1.32 62 San Joaquin Marsh - SAMS 1 920 6.40 1.60 8.00 0.00 125 2.57 0.77 12.59 64 West Park In -Line Basins 0.73 18.40 0.00 18.40 0.00 0.00 0.00 0.00 18.40 67 1 Selenium Site (Cienega de Las Ranas) 15,00 0.00 0.00 0,00 0,00 0.00E-E-001 0.00 0.00 Subtotal 34.00 32.55 235 34.90 0.00 1.75 1 2.57 0.77 39.99 NTS Sites With Applications to be Filed- CEQA Pending 9 PAi - Eastfoot Retarding Basin 9.0 0.59 0.00 0.59 0.50 0.00 0.00 0.00 1.09 11 Orchard Estates Retarding Basin 13.7 0.58 0.00 M58 0.50 b.00 0.00 0.00 1.08 10 -PA1-F_astfootUpper 3.7 0.50 0.00 0.50 0.50 0.00 0.00 0.00 1.00 12A PA1- Lower Orchard Estates (Multiple Basins) 2.0 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 12B PA1- Lower Orchard -Estates (Multiple Basins) 2.2 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 120 PA1- Lower Orchard Estates (Multiple Basins) 1.1 0.16 0.W 0.16 0.50 0.00 0.00 0.00 0.66 12D PA1-Lower Orchard Estates (Multiple -Basins) 1.2 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 12E PA1- Lower Orchard Estates (Multiple Basins) 2.8 0.16 0.00 0.16 0.50 0.00 0.00 0.W 0.66 12F PA1-Lower Orchard Estates (Multiple Basins) 1.3 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 12G PA1-Lower Orchard Estates (Multiple Basins) &0 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 61 PA1- Eastfoot Lower 1. 0.16 0.00 0.16 0.50 0.00 0.00 0.00 0.66 Subtotal 41.8 3.0 0.0 - 3.0 5.50 0.00 0.00 0.00 8.45 NTS Sites Applications and CEQADoc Will Follow NTS MR 68 PA18 1.1 0,16 0.05 0.21 0.50 0.00 0.00 0.00 0.71 69A PA39-(Multiple Basins) 1.6 0.01 0.003 0.01 0.50 0.00 0.00 0.W 0.51 69B PA39-(MuitipieBasins) 1.5 0.01 0.003 0.01 0.50 0.00 0.00 0.00 0.51 69C PA39 - (Multiple Basins) 1.1 0.01 0,003 0.01 0.50 0.00 0.00 0.00 0.51 69D PA39 - (Multiple Basins) 1.0 0.01 0.003 0.01 0.50 0.00 0.00 0.00 0.61 69E PA39-(Multiple Basins) 0.8 0.01 0.W3 0.01 0.60 0.00 0.00 0.00 0.51 Subtotal 7.1 0.2 1 0.4 0.28 3,00 0.00 0.00 0.00 3.28 Total 179.9 50.6 1 6.1 56.7 45.3 9.6 26 2.7 116.9