HomeMy WebLinkAboutPA2008-040_COASTAL RESOURCES MANAGEMENT1111111111111111111111111111111111111111111111
*NEW FILE*
PA2008-040 Coastal
Resources Management
RECEIVED BY
PiL 14NING DEPARTMENT
MARINE BIOLOGICAL IMPACTASSESSMENT OCT 1 2008
MARINA PARKPROJECT
NEWPORTBEACH, CALIFORNIA CITY OF NEWPORT BEACH
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Prepared for:
Michael Brandman Associates
220 Commerce Way, Suite 200
Irvine, CA 92602
Contact. Michael Houlihan
(714) 508-4100
Prepared by.
Coastal Resources Management, Inc.
PMB 327, 3334E. Coast Highway Corona del Mar, CA 92625
Contact: Rick Ware, Principal
(949) 412-9446
October 15"i, 2008
City of Newport. Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
TABLE OF CONTENTS
Section
1.0 INTRODUCTION
1.1 Project Location and Current Issues ...........................
1.2 Proposed Project and Proposed Uses ..........................
Page
2
2.0 MARINE RESOURCES ENVIRONMENTAL SETTING ................................................ 6
2.1 Water Quality ................................................................................................................... 6
2.2 Sediments......................................................................................................................... 9
2.3 Marine Biological Resources............................................................................................ 12
2.4 Endangered, Threatened, Rare, and Sensitive Species .................................................. 21
2.5 Sensitive Habitats............................................................................................................... 26
2.6 Fish Management Plan Species.........................................................................................26
2.7 Invasive Species.................................................................................................................28
3.0 IMPACT ANALYSIS............................................................................................................. 29
3.1 Thresholds for Significance.......................................................................................... 29
3.2 Relevant California Environmental Policies and Acts ................................................. 29
3.3 Proposed Action............................................................................................................ 30
3.4 Project -Related Issues That Could Adversely Affect Marine Biological
Resources.................................................................................................................... 30
3.5 Demolition and Marina Construction Impacts On Marine Resources ......................... 32
3.6 Long-term Impacts of Landside Construction On Water Quality ................................ 42
3.7 Long-term Impacts of Visitor Use on Water Quality ................................................... 42
3.8 Long-term Marina Impacts on Marine Resources........................................................ 42
4.0 MITIGATION MEASURES............................................................................................... 46
4.1 Runoff Water Quality ................................................................................................... 46
4.2 Marina Construction and Operation Resources.......................................................... 47
5.0 ALTERNATIVES ANALYSIS............................................................................................ 51
6.0 CUMULATIVE EFFECTS................................................................................................... 51
7.0 LITERATURE CITED......................................................................................................... 52
LIST OF TABLES
1 190i Street Buoy (Rhine Channel) Oceanographic Data, July -August 2008...................................... 8
2 EPA Total Maximum Daily Load Target Values for Newport Bay...................................................12
3 Comparison of Benthic Species Richness, Abundance and Density Per Square Meter.
Rhine Channel, Newport Bay. 1952-1994.........................................................................................18
4 Common Invertebrates Observed on the Bulkheads and Docks in Newport Bay Source ..................19
5 Special Status Species.........................................................................................................................22
6 Habitat Losses and Gains, Marina Park Project.................................................................................. 36
City of Newport Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
LIST OF FIGURES
1 Project Area Location.......................................................................................................................... 2
2aMarina Park Layout............................................................................................................................. 4
2bMarine Park Marina Conceptual Plan ..............................................................................................5
3 Tidal Flushing Rates in Newport Bay.................................................................................................. 7
4 SWRCB Sampling Stations in Newport Bay.................................................................................11
5 Approximate Location of Dredge Zone and Excavation Zone.......................................................... 35
LIST OF PHOTOGRAPHS
1 Location of the Project Area............................................................................................................... 3
2 Marine habitat fronting the proposed Marina Park project................................................................ 13
3 View looking west towards 18 'Street ............................................................................................ 13
4 South -facing view of sand beach in the vicinity of the proposed marina ................................... 14
5 North -facing view of shoreline and waters in the vicinity of the proposed marina ..................... 14
LIST OF APPENDICES
1 Pelagic and Groundfish Fisheries Management Plan Species Potentially Present
InNewport Bay...................................................................................................................... 56
ii
City of Newport Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, hic.
MARINE BIOLOGICAL RESOURCES ASSESSMENT
MARINA PARK PROJECT MARINA
NEWPORT BEACH, CALIFORNIA
1.0 INTRODUCTION
This report presents the results and findings of a marine biological impact assessment for the
Marina Park Project Marina. The purposes of this investigation are to identify the existing
marine resources in the vicinity of the project site, analyze project impacts on marine
resources, and identify mitigation measures to avoid, reduce, or compensate for potential
adverse project impacts on marine resources.
The study was conducted to (1) assess the project depths, sediment types, and types of
marine life on the bayfloor in the vicinity of the property proposed for the marina and (2)
to provide the basis for a marine biological resources impact assessment of the proposed
project on intertidal and subtidal marine resources in the project area. Field survey
results of surveys conducted by CRM in August and September 2008 are integrated into
Section 2, Environmental Setting and presented in full in Appendix 1.
1.1 PROJECT LOCATION AND CURRENT USES
The project site is located on the Balboa Peninsula in southwest Newport Beach (Figure
1, Photograph 1). The existing site encompasses 10 acres and is built-up in nature with
residential (i.e., mobile homes) community service (e.g., community center, public tennis
courts, beach access, etc.), and surface parking lot uses. The 10-acre site is bordered on
the east by an asphalt parking lot, the American Legion Post 291, residential and
commercial uses, and 15t' Street, to the south by West Balboa Boulevard and residential
uses, and to the west byl8th Street, a hotel and residential uses, and 19th Street along the
public beach.
The shoreline consists of a wide, City -maintained sand beach between 161h and 18`h
Streets. A cement groin separates the sand beach from the American Legion Marina on
the east. Residential docks border the west end of the public beach at 19t' Street.
The shoreline and waters at the project site are located southeast of the Rhine Channel
section of Lower Newport Bay (Newport Harbor) and south of Lido Isle. Several
shipyards are active in the Rhine Channel, and private and commercial vessels are kept in
boat slips that line the Rhine Channel, Lido Peninsula, and Balboa Peninsula perimeter.
Private vessels are moored throughout the waters in the general vicinity of the project
area. The waters along the shoreline between 15t" and 18 Street are currently used for
public recreation, including swimming, kayaking, sailing, and power boating.
City of Newport Beach Marina Pink Project Coastal Resources Management, Inc.
Min me Biological Impact Assessment
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Marine Biological Impact Assessment
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Photograph 1. Location of Project Site and other areas of West Newport Bay
1.2 PROPOSED PROJECT AND PROPOSED USES (Source; MBA)
The public park will provide for passive and active areas. The passive area will include
an open lawn area and a water feature. The active areas will include a children's play area
and a half -court basketball court. The public short-term visiting vessel marina is proposed
to accommodate visiting vessels for up to 30 days. Utility hook-ups are proposed to be
available for the marina. Bathrooms and laundry areas are proposed adjacent to the
marina. The Balboa Sailing Center will include rooms for educational classes as well as
community events. A restaurant will be located on top of the Balboa/Sailing center and
will include areas for marina rentals as well as room for sailing classes. There are two
tennis courts proposed on the eastern portion of the site adjacent to 156' Street. In
addition, an existing bathroom on the public beach adjacent to 19th Street is proposed to
be renovated or reconstructed but the size of the bathroom facility would remain the
same. Primary access to the project will be via West Balboa Boulevard at 17°1 Street and
secondary access will be via a controlled exit/entrance off of 15`h Street. Public access to
the beach will be provided by walkways within the proposed park as well as an access
provided along the western side of the proposed marina. Furthermore, 18'h and 19°i
Streets will still provide access to the public beach.
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City of Newport Beach Marina Paik «
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
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City of Newport Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
City of Newport Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
2.0 MARINE RESOURCES ENVIRONMENTAL SETTING
The marine environment area investigated for this project extends between 15"i Street and
19th Street, between the shoreline and a depth of -12 feet Mean Lower Low Water
(MLLW). In addition, sediment, chemical, and biological information collected between
1952 and 2003 from 10°i Street to and including the Rhine Channel was included where it
pertained to potential project impacts. The local project area is shown in Photographs 2
through 5. Channel depths vary between 0 to approximately 12 feet (Mean Lower Low
Water). At the site of the proposed docks at the east end of the swimming beach, the
elevations extend from supra -tidal (+8 ft) MLLW to water depths of approximately 10, ft
MLLW.
The marine environment in this section of Newport Harbor is subject to reductions in
sediment and water quality as a result of restricted tidal circulation, industrial activities,
dry weather runoff, and storm water runoff to the bay (California Department of Fish and
Game 1952; County of Orange 1978; California Water Resources Control Board 1998;
Southern California Coastal Water Research Project 2003). Newport Bay is currently
included on the U.S. EPA 303(d) Listed Water Bodies and Associated Pollutants of
Concern (EPA 2002). Newport Harbor (Lower Newport Bay) is specifically listed as
impaired as a result of significant concentrations of metals and pesticides in the
sediments.
Water -related industries and uses at various times in the past have included private and
military vessel construction and boat repair facilities, cannery processing facilities for the
Newport Bay fishing fleet, boat marinas and commercial businesses (i.e., restaurants).
2.1 WATER QUALITY
2.1.1 Flushing Rates. Tidal flushing rates differ throughout the Harbor (Everest
International Consultants, Inc 2007, (Figures 3. The tidal flushing rate varies from one
day at the harbor entrance to up to 30 days in the vicinity of Marina Park and the Rhine
Channel (Figure ) Longer periods between complete tidal flushing cycles reduces water
quality by increasing water temperatures, lowering dissolved oxygen, and increasing the
length of time that suspended sediments prevent light from illuminating the seafloor. The
long residence time required to flush the bay through tidal action appears to be an important
factor that affects both water and sediment quality.
2.1.2 July -August 2008 Oceanographic Data Water column sampling was conducted
in the vicinity of Marina Park 10 times between 25 July and 22 August 2008 (Coastal
Resources Management, Inc. unpublished data). Data were collected at surface, mid, and
bottom depths. A summary of the data, by sampling level is presented in Table 1.
City of Newport Beach Marina Paik Project Coastal Resources Management, Inc.
Marine Biological Impact Assessment
Flushing time scale (days)
4
28
26
24
22
20
18
18
} 14
x' 12
10
8
6
4
2
0
Figure 3 Tidal Flushing Rates for Newport Bay.
Source: Everest International Consultants, Inc.
The data illustrate summer maxima in water temperatures, with conversely, low dissolved
oxygen concentrations and low pH. Low dissolved oxygen levels are an indication of
degraded water quality, particularly if it is a persistent condition. It commonly occurs in
areas of poor circulation and high organics. In general, a concentration of 5 mg/1(ppm)
of dissolved oxygen is required to sustain marine life.
All parameters exhibited a decline in values with an increase in depth. Mean water
temperatures varied from 74.28 F at the surface, to 72.69 at the bottom. Dissolved
oxygen concentrations varied from 6.71 mg/1 at the surface to 5.15 mg/1 at the bottom;
pH decreased from 7.95 at surface and mid depths, to 7.87 at the bottom; salinity ranged
from 32.46 parts per thousand (ppt) at the surface to 32.42 ppt at the bottom. The range
in Total Dissolved Solids varied from 32.23 g/1 to 32.18 g/1 at the bottom.
Maximum and minimum survey values for each parameter were 71.17 F (bottom) and
76.73 F (surface) for water temperature; 4.10 mg/1 (bottom) to 7.76 mg/1 for dissolved
oxygen; 7.76 (bottom) to 8.05 (bottom) for pH; 32.26 ppt (surface and bottom) to 32.95
ppt (surface) for salinity; and 32.03 g/1(bottom) to 32.65 g/l (surface) for total dissolved
solids.
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City of Newpott Beach Marina Park Project
Marine Biological Impact Assessment
Coastal Resources Management, Inc.
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Table 1.
Rhine Channel Buoy (Mid channel between
Balboa Peninsula and Lido Peninsula)
Oceanographic Data, July 25 to August 22nd, 2008
Source: Coastal Resources Management, Inc.
Surface Values (1 ft below surface)
Total
Temp
Dissolved
Dissolved
Temp (F)
(C)
Oxygen
pH
Salinity
Solids
mg/L
ppt
g/L
Mean
74.28
23.49
6.71
7.95
32.46
32.23
Std Dev
1.1
0.6
0.5
0.1
0.2
0.1
N
21
21
19
21
21
21
Min
72.68
22.60
5.89
7.85
32.26
32:04
Max
76.73
24.85
7.65
8.04
32.95
32.65
Mid Depth (-6 ft MLW)
Total
Dissolved
Dissolved
Temp (F)
Temp C
Oxygen
pH
Salinity
Solids
mg/L
ppt
g/L
Mean
73.47
23.04
6.51
7.95
32.44
32.20
Std Dev
1.1
0.6
0.9
0.1
0.1
0.1
N
19
19
17
19
19
19
Min
71.78
22.10
4.46
7.85
32.28
32.06
Max
76.14
24.52
7.76
8.04
32.59
32.34
Bottom Water (42 ft MLLW)
Total
Dissolved
Dissolved
Temp (F)
Temp C
Oxygen
pH
Salinity
Solids
mg/L
ppt
g/L
Mean
72.69
22.61
5.15
7.87
32.42
32.18
Std Dev
1.2
0.7
1.1
0.1
0.1
0.1
N
16
16
14
16
16
19
Min
71.17
21.76
4.10
7.76
32.26
32.03
Max
75.13
23.96
7.27
8.05
32.64
32.38
City of Newport Beach Maiina Patk Paoject
Marine Biological hnpact Assessment
Coastal Resources Management, Inc.
2.2 SEDIMENTS
Identifying sediment types and concentration of chemicals in Newport bay sediments is
important for several reasons: (1) chemical contaminants are primarily bound to finer
grain sizes (2) contaminants in the sediments can be assimilated into the food chain (3)
alterations to the seafloor through dredging or other activities that disrupt the seafloor
may result in the release of contaminants to the water column and (4) sediment
characteristics and sediment contamination will affect the distribution and abundances of
marine organisms.
2.1.1 Intertidal Sand Beach Sediments and Levels of Contaminants
Petra (2004a) conducted sediment grain size and sediment chemistry testing from beach
sediments in the area proposed as a 12-slip marina for a Limited Phase II Soils Assessment.
These sediments were collected at the low tide line. Photograph 2 shows the general area where
the samples were collected from. No tidal level data relative to Mean Lower Low Water
information was provided. The upper three feet of sediment cores taken at the swimming beach
sediments consisted of fine to medium sands; at a depth of four feet, the sediments included finer
silts. No detectable concentrations of semi -volatile organic compounds (SVOCs), organo-
chloride pesticides (OCPs), or polychlorinated biphenyl's (PCBs) were detected. Metals were not
detected at elevated ranges. Total Petroleum Hydrocarbons (TPH) were detected at 10 milligrams
per kilogram (mg/kg) in soil from Boring 2. TPH concentration of 10 mg/kg is insignificant and
does not represent an environmental condition at these boring locations (Petra 2004a).
2.1.2 Subtidal Bayfloor Sediments and Levels of Contaminants
Beyond the tide line, Newport Harbor sediments consist of sand, mud, or combinations of
sand/shell hash sediments depending on tidal exchange rates, current velocities, channel
depths, the configuration of the bay, and proximity to sources of sediment inputs.
Observations made during a site reconnaissance survey at the proposed marina project site
(CRM 2004, 2008) indicated that sediments at depths shallower than -2 ft MLLW were
predominantly sands, a combination of sands and silts at depths up to -6 ft MLLW, and
primarily silts at depths up to 11 ft MLLW. Sediment samples taken at a depth of -3 ft
MLLW in front of the proposed marina in at 1561 Street in front of the existing trailer park in
September 2008 indicated the sediments consisted of 0.43% gravel, 3.12% coarse sand,
48.93% medium sand, 44.89% fine sand, 0.58% silts, and 2.05% clay (Coastal Resources
Management, Inc. unpublished data). Comparatively, the bayfloor in the vicinity of 186'
Street at the entrance to the Rhine Channel consists of between 90% and 95% fine-grained
sediments at depths of -5 to -10 ft MLLW (Harbor Resources Department unpublished
data).
Petra (2004b) conducted environmental site assessment work at the proposed Regent
Marina site, Newport Beach, California on March 17"i, 2004. The work consisted of
drilling and sampling three borings at a depth of 0.5, 2.5 foot and 5 feet below the mud
line in the Rhine Channel to assess the environmental condition of submarine sediments
on site. The five foot samples were archived. The soil samples were analyzed by dry
City of Newport Beach Marina Park Project Coastal Resources Management, Inc.
Marine Biological Impact Assessment
weight in a State approved laboratory. In addition, representative samples of the
subsurface sediments were collected for grain size analysis.
The geologic and chemical information obtained indicates the following:
• The Rhine Channel in the vicinity of the site is underlain by one to three
feet of bay mud consisting of organic silty and clayey sand. Beneath the
bay mud is medium and coarse sand with shell fragments.
Trace amounts of Total Petroleum Hydrocarbons (TPH) were detected in
the one-half foot samples in all three borings and in the two and one half
foot sample in Boring BP-2. The detected concentrations were less than
40 milligrams per kilogram (mg/kg). The likely source of this
contamination is storm water runoff.
Semi -volatile organic compounds (SVOCS) were not detected in any of
the collected'samples.
• The organo-chlorine pesticide 4,4'-DDE was detected at a concentration of
13 micrograms per kilogram (ug/kg) in the one half foot sample in boring
BP-3. The source of this material is likely.
• Polychlorinated biphenyls (PCBs) were not detected in any of the
collected samples.
• Metals concentrations were within the anticipated background range for
soils in Southern California.
Based on these findings, the Limited Phase Two Sampling Program of submarine
sediments at the proposed Marina Park marina site indicates that sediments are >80%
sand material, and classified as medium to coarse sands. These materials are suitable for
beach disposal. Slight chemical degradation of the sediments has occurred (Petra 2004b).
Very low concentrations of petroleum hydrocarbons are present in the upper one-half foot
of the bay mud. The hydrocarbons are not present at levels which require regulatory
involvement or remediation. A single sample contained a very low concentration of a
organo-chlorine pesticide (13 ug/kg 4,4-DDE). This concentration is well below action
levels for soils on land.
Between 1992 and 1997, the State Water Resources Control Board (SWRCB and other
State and Federal agencies conducted investigations of sediment chemistry, toxicity, and
benthic community conditions in Newport Bay and other selected water bodies in the
Santa Ana Region (SWRCB et al. 1998). Lower and Upper Newport Bay sediments were
surveyed in 1994'at 23 locations (Figure 2). Three stations were located in west Newport
Bay region, in the region surrounding the proposed marina site
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City of Newport Beach Marina Park Project
Marine Biological Impact Assessment
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P
86004 /' 860M 8600\1
I
°® 85017
850I8 i
85007 i
83001
85006
85014 85015 85000' '
85002
85mo
�85004 &
85013 'B501G
85006 83011
85012 85005 '
Figure 4. 1994 SWRCB Sampling Stations in Newport Bay
for sediment contaminants and sediment biology. These stations included 85006, off the
east tip of Lido Peninsula; 85012, mid -channel between the Balboa Peninsula and Lido
Isle near the 1 Oth Street Beach, and 85013, in the Rhine Channel.
Based on the results of the sampling, Newport Bay sediments contained elevated
concentrations of several contaminants at levels known to be toxic to marine organisms.
Rhine Channel sediments (85013) contained elevated concentrations of mercury, copper,
p,p; DDD, Total PCBs, and tri-butyl tin (TBT). Sediments around Lido Peninsula and
Lido Isle (including 85006 and 85012), Harbor Island, Dover Shores, and De Anza
(Bayside) Peninsula were elevated for either lead, p'p, DDE, or Total Chlordane, or a
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City of Newport Beach Marina Park Project Coastal Resomces Management, Inc.
Marine Biological Impact Assessment
combination of these compounds. Potential biotoxicity on marine organisms was also
addressed. These results are summarized in Section 2.2.
The Southern California Coastal Water Research Project (SCCWRP) investigated site -
specific sediment contamination in the Rhine Channel and the effects of contaminants on
marine organisms at 16 stations in 2002 (SCCWRP 2003). Their study results also found
contamination in the sediments. Concentrations of copper, mercury, lead, zinc, and total
PCBs exceeded the sediment TMDL (Total Maximum Daily Load) targets at all 15
sediment stations in the Rhine Channel. The exceedances varied between 4.3 times the
TMDL sediment target for zinc, to 110 times the TMDL sediment target for mercury.
Total PCBs exceeded the TMDL sediment target by 13 times. Several other constituents
were also elevated. Elevated concentrations of dissolved trace meters (copper, nickel,
mercury, selenium, and zinc) indicated that some sediments were being released to the
water column. The results of toxicity experiments conducted with these contaminated
sediments are discussed in Section 2.2.
Petra (2003c) conducted sediment contaminant sampling in the Rhine Channel for a
proposed shipyard redevelopment project at the South Coast Shipyards. Copper, lead,
and mercury exceeded the Title 22 of the California Code of regulations Soluble
Threshold Limit Concentration (STLC) by 10 times in several samples. Elevated
concentrations of PCBs were also found in the sediments.
TABLE 2
Total Maximum Daily Load (TMDL) Target Values for Newport Bay
Source:
SCCWRP 2003
Contaminant
TMDL Target
Contaminant
TMDL Target
Value (mg/kg)
Value (ng/g)
Copper
18.7
chlordane
2.26
Chromium
52
dieldrin
0.72
Lead
30.4
Total DDTs
3.89
Zinc
124
Total PCBs
21.5
Mercury
0.13
2.3 MARINE BIOLOGICAL RESOURCES
Marine habitat types in the Marina Park project area include a city -maintained sandy beach,
intertidal sand/mudflats, subtidal bay bottom (benthos), a cement groin that separates the
sand beach from,the American Legion marina, and open water bay habitat (Photographs 2
to 5).
The project area intertidal zone extends from Extreme Low Water (-2.0 ft. MLLW) to
Extreme High Water (+7 ft. MLLW). Subtidally, water depths in the project area range
from -2.0 ft to approximately -12 ft MLLW. Depths at the offshore edges of the boat docks
located to the east of the project area are approximately -8 ft to -10 ft MLLW (Coastal
Resources Management, 2004).
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City of Newport Beach Marina Park Project Coastal Resources Management, Inc.
Marine Biological Impact Assessment
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City of Newport Beach Marina Park Project Coastal Resources Management,.Inc.
Marine Biological Impact Assessment
Photograph 5. North -facing view of shoreline and waters
in the vicinity of the proposed marina
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Marine Biological Impact Assessment
Coastal Resources Management, Inc.
2.3.1 Sand Beach
While most of the shoreline of Newport Harbor is dredged for boat slips and lined with
bulkheads, open sand beaches are scattered throughout the harbor. Most of Newport
Harbor's sandy beaches are located around Balboa Island, although some sand beach
habitat is found on Bay Isle, Lido Isle and Balboa Peninsula.
On the Balboa Peninsula, public swimming beaches are located between 9th Street and
10tlr Street, and between 15t t Street to 191" Street. These beaches provide the public with
recreational opportunities, but they are also habitat for marine -associated wildlife.
The high intertidal portion of the city -maintained public beach support few if any marine
organisms in the sediments because of the infrequent tidal exposure and periodic cleaning
and grooming. This higher elevation however, is resting habitat for seabirds (gulls and
pelicans). The middle and low intertidal zones provide more consistent tidal inundation and
supports burrowing species of invertebrates (primarily clams, crustaceans, and polychaete
worms). These organisms attract shorebirds to the mid and low intertidal elevations of the
beach that utilize these invertebrates as their food source (Quammen 1980).
2.3.2 Subtidal Soft Bottom Benthos
Beyond the shoreline, the sediments support algae and bottom -dwelling organisms (benthic
invertebrates), some of which crawl over the surface of Newport Bay sediments, while
others lead a sessile existence and protrude above the sediments from within a tube.
While the majority of benthic invertebrates of bays and estuaries obtain their nutrition by
consuming organic detritus, some graze on diatoms and algae or actively prey on other
invertebrates. In turn, bottom feeding fishes and resident soft bottom -dwelling fishes
(gobies, juvenile flatfish, and sand bass) rely upon these benthic organisms as food
sources (ACOE 2000, MBC and SCCWRP 1980).
Algae and Eelgrass. The shallow subtidal zone fronting the sand beach shoreline in the
project area is occasionally vegetated green algae (Enteromorpha sp). At deeper depths,
red algae is more common. During marine biological surveys conducted along the
shoreline of the project area in October 2003, March 2004, October 2007, and August
2008, no eelgrass (Zostera marina) was at depths between 0.0 and -12 ft MLLW along
the 15a' to 19th Street shoreline. Eelgrass is a sensitive marine resource because of its
value as a nursery habitat and protective cover that it provides for invertebrates and fish.
While it is prolific throughout may parts other Newport Harbor from Bay Isle east to the
Harbor Entrance Channel (CRM 2004, CRM 2008, in preparation) its western -most
occurrence along the Balboa Peninsula is near the Newport Harbor Yacht Club (CRM,
2004; CRM 2008 in preparation).
Benthic Invertebrates. Over 300 species of benthic invertebrates that live in the
sediments (benthic infauna) have been identified from Newport Bay mudflats and
subtidal channel sediments (Barnard and Reish 1959, Dawson 1963, Daugherty 1978,
MBC and SCCWRP 1980, Seapy 1981, Ware 1985, SWRCB et al., 1998). The dominant
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types are annelid worms (polychaetes and oligochaetes), arthropods (gammarid and
caprellid amphipods, isopods, ostracods, and cumaceans), and mollusks (gastropods and
pelecypods). Most are not endemic to Newport Bay or necessarily reflect polluted
bottom conditions. Rather, they are widely distributed and highly adaptable (they survive
well under stress conditions which occur naturally in many California coastal bays and
estuaries).
The numbers of benthic infaunal species decrease between the harbor entrance and the
regions where water circulation is restricted in Newport Harbor and Upper Newport Bay
(MBC and SCCWRP 1980, Daugherty 1978). These community changes occur because
of increasing environmental stresses due to extremes in salinity, temperature, and
dissolved oxygen, as well as decreasing grain sizes within the sediments they inhabit.
Other influences, related to the concentrations of contaminants in the sediments will also
affect the types and abundances of organisms inhabiting Newport Bay sediments
(SWRCB et al. 1998).
Common benthic invertebrates identified in the fore -mentioned studies include
polychaete worms (Capitella capitata, Pseudopolydora paucibranchiata, Streblospio
benedicti, Haploscoloplos elongatus, Tharyx sp. Neanthes arenaceodentata, Polydora
socialis, P. ligni, P. nuchalis, Prionosplo heterobranchia newportensis), oligochaete
worms, amphipods (Grandidierella japonica, Corophium acherusicum, C. insidiosum,
Ampithoe spp.), caprellid amphipods (Mayerella banlreia), snails (Tryonia imitator and
Assiminea californica), and clams (Theora lubrica, Chione fructii laga, Macoma spp.,
Tagelus subteres and T. californianus)
Many larger types of benthic invertebrates live on the sediment surface (epifauna).
Several species of epifauna were observed at the site of the proposed Marina Park marina
in October 2003 (CRM 2003, Appendix 1). These included the hydroid Corymorpha
palma, tube anemone Pachycerianthus fimbriatus, tube -dwelling polychaete annelid
worms, tube -dwelling amphipods (Grandidierella japonica), and the predatory sea slug
(Chelidonera [Navanax] inermis.
Historically, the benthic infrtmal community in the general vicinity of the proposed Marina
Park marina is characterized by low numbers of species and high abundances of a few
species of invertebrates that reproduce well and out compete other species under stressed
environmental conditions (California Department of Fish and Game 1953, County of
Orange 1978, SWRCB et al. 1998). The number of benthic species identified at stations
between 10°i Street and the Rhine Channel during the SWRCB et al. 1994 survey varied
between 14 (1& Street) to 32 (Lido Peninsula). Comparatively, cleaner sediments near the
Newport Harbor Entrance Channel support as many as 207 species (MBC and SCCWRP
1980).
The Rhine Channel and Lido Peninsula sites were classified as a "Transitional" by the
SWRCB which indicates that the sediments have elevated chemical contamination and
some toxicity to marine organisms is present. However, the benthic community is not
"Degraded" compared to other areas of Newport Bay and other water bodies within the
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region. In Newport Harbor, "Degraded" benthic conditions were noted in the channel
near 10`h Street beach, on the north side of Lido Island, the south side of Harbor Island,
and the north side of Balboa Island.
Benthic Contaminants and Toxicity to Marine Organisms in Newport Harbor. The
State study (SWQCB et al. 1998) employed the Long and Morgan's Effects Range Low
(ER-L) and Effects Range -Medium (ER-M) analysis (Long and Morgan 1990) to rate the
potential for biological effects based upon the concentrations of contaminants found in
the sediments that are associated with toxic responses on marine organisms. Biological
effects are most probable at or above the ER-M (Long and Morgan 1990). Some
Newport Bay sediments, including the Rhine Channel had the highest ERM Quotient of
any regional water body. The Rhine Channel had the highest number of ERM
exceedances; these were for copper, mercury, zinc, and total PCBs. The highest overall
exceedances in Newport Bay were for mercury in the Rhine Channel (12.3x the ERM).
Toxicity studies were conducted using Rhine Channel Sediments during the SCCWRP
2002 investigation (SCCWRP 2003). Sediments were toxic to amphipod crustaceans and
sea urchin larvae at a majority of the 15 stations sampled. However, the cause of the
sediment or seawater -interface toxicity (SWI) reported in this study could not be
determined with the available data. There were no statistically significant negative
correlations among metals or organic contaminants and toxicity. It is possible that
unmeasured contaminants or differences in contaminant bioavailability among stations
may be responsible for the observed toxicity (SCCWRP 2003).
Based on the results of the 1998 SWRCB et al. benthic studies in Newport Harbor, the
benthic community in the Rhine Channel has exhibited some signs of recovery compared to
earlier studies in Newport Harbor in 1951-1952 (California Department of Fish and Game
1953) and 1975-1976 (County of Orange 1978). However, species richness is considerably
lower in the sediments between Lido Isle and the Rhine Channel than in sediments nearer
the harbor entrance channel. However, these sediments still have significant chemical
contamination that may be toxic to benthic invertebrates and fishes. In addition, sediments
released into the water column have a potential to release contaminants into the water
column (SWRCB 1998 et al., SCCWRP 2003).
During the 1951-1952 Fish and Game study, 16 individuals of C. capitata were found in the
Rhine Channel. In September 1975, 18 taxa and 184 individuals were collected in three,
0.05 sq. in. Ponar Grab samples. Mean density per sample was 1,226 individuals/sq. in, and
the mean number of species per sample was 8.6. During March/April 1976, 23 taxa and 483
individuals were collected at the same site. Mean density per sample was 3,220
individuals/sq. in, and the mean number of taxa collected increased to 14.3 per sample. The
dominant species encountered in the Rhine Channel during the County study were the
polychaetes Capitella capitata, Schistomeringos rudolphi, Polydora ligni, the crustaceans
Leptochelia sp., Ampithoe pollex, Corophium acherusicum, and C. insidiosum. During both
surveys, 30 species were collected.
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Table 3.
Comparison of Benthic Species Richness, Abundance
and Density Per Square Meter. Rhine Channel, Newport Bay. 1952-1994
SAMPLING
TOTAL RICHNESS
RICHNESS
MEAN
METHOD AND
AND ABUNDANCE
PER
DENSITY
SAMPING AREA
SAMPLE
PER
SURVEY
SAMPLE
AND YEAR OF
(SQ M)
STUDY
Cal Fish & Game
16 individuals
1951-1952
1 species
County of Orange
Three, 0.05 sq. m
184 individuals
8.6
1,226
September 1975
Ponar Grab samples
18 taxa
n=3
n=3
County of Orange
Three, 0.05 sq. m
483 individuals
14.3
3,220
March/April 1976
Ponar Grab samples
23 taxa
n=3
n=3
Combined Survey
Six, 0.05 sq. m
667 individuals
11.5
2,223
County of Orange
Ponar Grab samples
30 taxa
n=6
n=6
1975-1976
Regional Board
Three, 0.1 sq. m
1,567 individuals
20.3*
4,816*
September 1994
Modified Van Veen
30 taxa
n=3
n=3
Samples
* Excludes nematode worms; nematodes were not counted during the County of Orange Survey
During September 1994, three, 0.1 sq. In. Young -modified Van Veen Grab samples were
collected at Station 85013 in the Rhine Channel. Cumulatively, 30 taxa and 1,567
individuals were collected. With nematodes excluded (they were not counted during the
County survey but described as "uncommon" in the Rhine Channel) the mean density per
sample was 4,816 individuals/sq. In, and the mean number of species was 20.2 per sample.
The dominant species included a complex of oligochaete worms, nematode worms, the
polychaete worm Streblospio benedict, and the amphipod crustaceans Grandidierella
japonica and Ampithoe valida.
Based upon this analysis, the health of the benthic community in the Rhine Channel slowly
improved between 1952 and 1994, a span of 42 years. And, since 1975, the number of
species in the Channel increased by a factor of 1.8 and infaunal density increased by a factor
of 2.2. The stability of the community structure and the types of organisms present
however, are likely still affected by levels of sediment contaminants that are known to
produce toxicity at levels measured in the Rhine Channel sediments (SWRCB et al. 1998).
2.3.3 Bulkhead and Seawall Associated Plants and Animals.
Man-made substrates (bulkheads, seawalls, docks, pilings, jetties) in Newport Harbor are
not biologically sensitive. However, hardscape provides surface area for sessile marine
animals and plants that would not be present in the Harbor in the absence of
development. Common types of organisms found on bulkheads and docks in Newport
Bay are listed in Table 3. The hardscape of these structures support mussels, barnacles,
and sponges, and other types of invertebrates, and plants that constitute the "biofouling
community". The undersides of boat floats and docks are commonly colonized by green
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Table 4.
Common Invertebrates Observed on the Bulkheads and Docks in Newport Bay
Source: Coastal Resources Management (1998; unpublished observations)
Intertidal Zone
to shallow
Ulva spp.
mid to subtidal
common to abundant
Phaeophyta
brown algae
low to subtidal
Cystoseira osmundacea
low to subtidal
present
Sargassum muticum
low to subtidal
present
Rhodophyta
red algae
low to subtidal
common
Haliclona sp.
sponge
low to subtidal
present
Cnidaria
hydroids & anemones
Aglaophenia dispar
hydroid
low to subtidal
present
A. elegantissima
anemone -solitary form
mid to subtidal
uncommon
Polychaeta
segmented worms
mid to subtidal
common to abundant
Arthropoda
crustaceans
Balanus glandula
barnacle
mid to high
common
intertidal
Chthamalusfissus/dalli
barnacle
high to splash
common
intertidal
Pachygrapsus crassipes
lined shore crab
high to low
uncommon
intertidal
Mollusca-Gastrouoda
snails
Lottia limatula
finger limpet
middle to low
common
intertidal
Mopalia mucosa
chiton
middle to low
present
intertidal
Mollusca-Pelecypoda
bivalves
Chamaidae, unid
rock jingle
low to subtidal
present
Ostrea conchilcola
oyster
mid intertidal
present
Mytilus galloprovincialls
bay mussel
mid to shallow
common
subtidal
Bryozoa
moss animals
I I low intertidal to
subtidal
Zoobotryon verticillatum
soli bryozoan
low to subtidal
common
Urochordata
tunicates
Styela montereyensis
sea squirt
low
common
Ciona intestinalis
tunicate
low
common
Styelaplicata
sea squirt
low
common
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algae, barnacles, mussels, limpets, polychaete worms, moss animals (ectoprocts), and sea
squirts (tunicates). Bay fishes are attracted to the biofouling habitat because it a constant
source of food. The cement groin separating the American Legion marina from the sand
beach at 16°i Street is colonized by few species on the beach side of the groin, primarily
because most of its length is buried by sand. Where exposed, it supports a limited
population of barnacles (Balarms glandula) in the high tide zone and mussels (Mytilus
galloprovincialis) in the mid to low tide zone.
2.3.4 Bay ZIshes
Over 75 species of fish are known from Newport Bay (Allen 1976; Bane 1968; Marine
Biological Consultants and SCCWRP 1980). Along the Peninsula between 9th St and 13th
St, Allen (1976) recorded 19 species of fish during 18 months of sampling between 1974
and 1975 This sampling was conducted midchannel by otter trawl net methods. The
numerically dominant species were white croaker (Genyonemus lineatus), shiner surf perch
(Cymatogaster aggregata), white surf perch (Phanerodon furcatus), slough anchovy
(Anchoa delicatissima), deepbody anchovy (Anchoa compressa), black surf perch
(Embiotoca jacksont), and queen fish (Seriphus politus). Bat ray (Myliobatis californica),
white croaker, and queen fish contributed the most biomass. Other species, such as halibut
(Paralichthys californicus), diamond turbot (Hypsopsetta guttulata), and various bottom -
dwelling blennies and gobies are also found in Newport Harbor environments.
Marinas, docks, bulkheads, and groins provide habitat that attract a variety of fishes and
these environments may exhibit a greater diversity of fishes than channel and mudflat
habitats alone because both soft bottom channel fishes and rock -associated fishes inhabit
these environments (Coastal Resources Management 1993). Hard substrate offers cover,
protection, or new sources of food for fishes such as pile perch (Damalichthvs vacca ,
pipefish (Sy ng athus spp.), keipfish (,Heterostichus spp.), opaleye Girella ni ricans ,
halfinoon (Medialuna tali orniensis), sargo (Anisotremus davidsoni), and kelp bass
(Paralabrax clathratus .
During two reconnaissance surveys conducted in depths between 0 and -12 ft MLLW in
August 2008, round sting ray (Myliobads californicus) and mullet (Mugil cephalus) were
observed. During the 2004 surveys, four species were observed by SCUBA diving
biologists at the site of the proposed marina CRM 2004). These included topsmelt
(Atherinops affinis), spotted sand bass (Paralabrax maculatofasciatus), bay goby
(Lepidogobius lepidus) and round stingray .,(Urolophus halleri) (Coastal Resources
Management 2004).
Other common species of fish that are known from Newport Harbor include the arrow goby
(Clevelandia ios)„ California halibut (Paralichthys californicus), topsmelt (Atherinops
affinis), black surfperch (Embiotoca jaclrsoni), white surfperch (Phanerodon furcatus)
shiner perch (Cymatogaster aggregata), and walleye surfperch (Hyperprosopon
argenteum). Several of these species may be present at the site, but were not observed
during the underwater surveys.
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2.4 ENDANGERED, THREATENED, RARE, OR SENSITIVE MARINE SPECIES
Table 5 lists potential federal and/or state endangered, rare, or non -listed sensitive species
and that could be present within or nearby the project area during construction. Species of
particular concern and relevance to this project are discussed in detail below.
2.4.1 Plants
Eelgrass, Zostera marina. Eelgrass is a marine angiosperm that forms meadows in mud -
and -sand substrates of bays and wetlands channels. Although it is not a listed species, it is
considered sensitive by resource agencies because it is an important biological habitat for
invertebrates and fishes.
In Newport Bay, eelgrass grows in the lower intertidal and the shallow subtidal substrates at
depths between 0.0 and -28 ft . MLLW, although more commonly, at depths shallower than
-8 ft. MLLW. Surveys using GPS surveying methods of eelgrass in Newport Harbor and
Upper Newport Bay indicate prolific growth of this seagrass along Corona del Mar, Balboa
Island, Collins Isle, Beacon Bay, Harbor Island, Linda Isle, DeAnza Bayside Peninsula,
Castaways, Bayshores Community, and Manner's Mile extending between Bayshores and
the Orange Coast College Rowing Facilities (CRM 2004), although areas within the middle
parts of the harbor and Upper Newport Bay experienced significant declines in eelgrass
areal cover and density between 2004 and 2008 (CRM 2008, in preparation). There are no
natural eelgrass beds along the shoreline between 15th St and 19' St. Eelgrass
transplanted conducted along the 15t" St to 191h St shoreline in late summer 2004 as part
of the U.S. Army Corps of Engineers Lower Newport Harbor Eelgrass Restoration
Project, in coordination with the County of Orange and the City of Newport Beach were
unsuccessful (Chambers Consultants and Coastal Resources Management, Inc. 2005),
likely due to (1) the lateness of the transplant in the growing season and (2) significant
rainfall in the months following the transplant.
2.4.2 Invertebrates
There are no sensitive species of marine invertebrates located in the project area.
2.4.3 Fishes
California Grunion (Leuresthes tenuis)._The California grunion (Leuresthes tenuis) is a
fish that uses the high intertidal sandy beach habitat of many southern California beaches
as spawning habitat (Walker, 1952), including Newport Beach (CRM and Chambers
Group, 2002). The grunion is a member of the silversides family, Atherinidae, along with
the jacksmelt and topsmelt. They normally occur from Point Conception, California, to
Point Abreojos, Baja California. Occasionally, they are found farther north to Monterey
Bay, California and south to San Juanico Bay, Baja California. They inhabit the
nearshore waters from the surf to a depth of 60 feet. Grunion are not expected to be
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TABLE 5
SPECIAL STATUS SPECIES IN THE MARINA PARK PROJECT AREA
Scientific Name
Common Name
USFWS Status
CDFG Status
Habitat
potential to Occur
_
orIQVIFS_ Status
_
_
Plants
Phyllospadix torreyi
surfgrass
Habitat Area of
—
Nearshore rocky intertidaUrocky
none
Particular Concern
subtidal
(HAPC)) for Fisheries
Management Plan
(FMP) Species under the
Magnuson -Stevens
Fishery Conservation
and Management Act
eelgrass
Habitat Area of
—
Bays, harbors, shallow nearshore
Not observed at the project in 2003,
Particular Concern
water sediments
2004, 2005, and 2008
(HAPC) for Fisheries
Management Plan
(FMP) Species under the
Magnuson -Stevens
'
Fishery Conservation
and Management Act
Fishes
Eucyclogobius newberryi
Tidewater goby
FE
—
Shallow marine waters, lower reaches
No potential, extirpated from
I
of streams
Orange County
Leuresthes tenuis
California grunion
—
—
Spawns on local open coastal beaches
No potential to occur at the project
site
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Scientific Name
Common Name
USFWS Status
CDFG Status
Habitat
Potential to Occur
or NMFS Status
None
Hypsypops mbicundus
California garibaldi
Protected under
California State
Subtidal rocky reef habitat; resident
commercial and
Marine Fish ,
and territorial species in shallow
sport fish
Assembly Bill
subtidal rocky habitats
regulations
AB77,1995
Paralichthys californicus
California halibut
—
—
Shallow coastal waters, open ocean
High potential
Reptiles
Chelonia mydas
Green turtle
FE
—
Nearshore and open ocean waters
Rare visitor but unlikely to occur in
the waters of West Newport Bay
Eretmochelys imbricata
Hawksbill sea turtle
FE
—
Nearshore and open ocean waters
Rare visitor but unlikely to occur in
the waters of West Newport Bay
Birds
Pelecanus occidentalis
Brown pelican
FE
CE
Bays, estuaries, nearshore waters
Forages and rests in project area
Moderate potential. Forages in the
waters of Newport Bay; Nesting
habitat occurs in Upper Newport
Sterna antillamm brown
California least tem
FE
CE
Nests on sparsely vegetated flat
Bay and nearby at the Santa Ana
substrates, forages in nearby waters
River mouth; least terns will forage
on juvenile baitfish in the nearshore
waters, Newport Harbor and Upper
Bay channels, usually within 5 mi
of nesting sites .
Scientific Name
Common Name
USFWS Status
CDFG Status
Habitat
Potential to Occur
or NMFS Status
Charadnus alexandrinus
Western snowy plover
FT
SSC
Nests on sandy beaches and shores
No nesting habitat present onsite,
nivosus
no potential for individuals to occur
on site
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Mammals
Zalophus californianus
California sea lion
MMA
Nearshore and open ocean waters
Moderate -to -high potential for
individuals to be present in West
Newport Bay. Locally becoming
more abundant in Newport Harbor,
and in the vicinity of vessels
moored offshore of Lido Peninsula
Tursiops trnncatus
Bottlenose dolphin
MMA
Nearshore and open ocean waters
Rare visitor to Newport Harbor
Eschrichtius robustus
California gray whale
MMA
Nearshore and open ocean waters
Rare visitor to Newport Harbor
FE—Federal Endangered; FF— Federal Threatened, MMA — Protected under Marine Mammal Act
California Department of Fish and Came
CE— California Endangered
SSC—Species of Special Concern
HAPC are subsets of Essential Fish Habitat (EFH) which are rare, particularly susceptible to human
induced degradation, especially ecologically important, or located in an environmentally stressed
area. Designated HAPC are not afforded any additional regulatory protection under the Magnuson
Stevens Fishery Conservation and Management Act (MSA); however, federally permitted
projects with potential adverse impacts to HAPC will be more carefully scrutinized during the consultation process (NMFS 2008a)
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Marine Biological Impact Assessment
California halibut. Although the California halibut does not have a formal special
species status, it is considered a sensitive species by resource agencies because of its
commercial value and a continued region -wide reduction of its nursery habitat in bays
and wetlands. California halibut spawn at sea and the larval stages are planktonic. After
several months, the larval fish settle to the bottom, and migrate into shallow coastal
waters, including Newport Bay. Halibut are distributed throughout the waters of
Newport Harbor and Upper Newport Bay, primarily as juveniles, although larger
individuals are caught near the ocean entrance and in offshore waters. Young -Of -The -
Year (YOTY) prefer shallow waters between about —0.45 meter (1.5 ft) and —1.0 meter
(3.5 ft) Mean Lower Low Water (MLLW), whereas juveniles prefer deeper channel
bottoms to a maximum depth of approximately 4.5 meters (15 ft) MLLW. After
spending nearly nine months in Newport Bay, juveniles will move out into the open
coastal environment. This species has a low to moderate potential to occur in the shallow
waters of the project area because of the nature of the sand shoreline and the relatively
wide shelf of sandy silt sediments.
2.4.4 Marine Reptiles
Marine reptiles do not utilize the local marine waters as a permanent breeding or foraging
habitat. However, the green turtle (Chelonia mydas) and hawksbill (Eretmochelys
imbricata), will occasionally occur in the nearshore environment offshore Orange
County. Green sea turtles have been reported in the San Gabriel River where they
encounter the warmer, discharged waters of the power generating facilities located farther
up the River and Alamitos Bay. (Vivian Cook, Marine Bureau; Allen Powder, Long
Beach Lifeguards pers. comm. with R. Ware, CRM, 27 July 2007). Their occurrence
within Newport Bay, located 20 miles east of Long Beach is expected to be rare although
because Newport Bay has a productive eelgrass system, green sea turtles may utilize the
seagrass beds within the bay as one source of their nutritional requirements.\
2.4.5 Birds
The State and Federally -listed California least tern (Sterna antillarum brown) is a spring -
and -summer resident in southern California during the breeding and nesting season. The
least tern does not breed or nest near the project site but will forage in Newport Bay and
nearshore coastal waters during their March through September breeding season. The
nearest least tern nesting sites are located approximately 2.5 miles west (upcoast) at the
mouth of the Santa Ana River and 4.2 mi northeast in Upper Newport Bay near the
Jamboree Bridge. The California brown pelican (Pelecanus occidentalis) is found in
Newport Bay year -around but does not breed locally. The brown pelican utilizes Newport
Harbor waters for foraging on baitfish, and the shoreline as resting habitat.
2.4.6 Marine Mammals
In recent years, California sea lions (Zalophus californicus) have taken up seasonal
residence in the Harbor. While initially concentrated in the southeast section of the harbor
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between the Pavilion and the entrance channel, they now extend their seasonal distribution
to the northwest (West Newport) waters and Mooring Areas J and H seaward of the
proposed Marina Park development. Their abundance in the Bay is the result of (1)
abundant food resources. They are able to utilize boats in the harbor as haul outs because
many of the boats have low stern platforms (i.e., dive platforms). Countermeasures have
been implemented by the City and boat owners to reduce the ability of sea lions to use
vessels as haul out areas, and to reduce the direct and indirect feeding of sea lions through
the implementation of ordinances and public education brochures. Their presence is a
concern for vessel owners who have experienced damaged vessels or sunken vessels
(Orange Newport Beach Harbor Resources Department, 2006; and most recently in August
2008 (Orange County Register, 2008). Their distribution in the West Newport waters may
also be related to observed increases in the population of mullet (Mugil cephalus) that have
been particularly abundant in this section of the Harbor in 2008 (R. Ware, pers.
observations).
The presence of bottlenose dolphin, and gray whales or other cetaceans would be an
extremely rare event in the western section of Newport Harbor.
2.5 SENSITIVE HABITATS
Newport Harbor and Upper Newport Bay shorelines and waters are defined as wetland
habitats under both the California Coastal Act and the National Environmental Policy Act.
Consequently this water body is considered sensitive habitat and is afforded protection to
conserve and protect the resource. Upper Newport Bay is also State of California Marine
Protected Area, and is designated as a State Marine Park.
Although no eelgrass occurs at the Marina Park project site, Newport Bay in general is
estuarine and eelgrass habitat, both of which are considered habitat areas of particular
concern (HAPC) for various federally managed fish species within the Pacific Groundfish
Fisheries Management Plan (i.e., rockfishes). HAPC are described in the regulations as
subsets of Essential Fish Habitat which are rare, particularly susceptible to human induced
degradation, especially ecologically important, or located in an environmentally stressed
area. Designated HAPC are not afforded any additional regulatory protection under the
Magnuson -Stevens Fishery Conservation and Management Act (1997). However,
federally permitted projects with potential adverse impacts to HAPC will be more carefully
scrutinized during the consultation process (National Marine Fisheries Service, 2007).
2.6 FISH MANAGEMENT PLAN SPECIES
This assessment of Essential Fish Habitat (EFH) for the Marina Park project is being
provided in conformance with the 1996 amendments to the Magnuson -Stevens Fishery
Management and Conservation Act (FR 62, 244, December 19, 1997). The 1996
amendments to the Magnuson -Stevens Act set forth a number of new mandates for the
National Marine Fisheries Service, eight regional fishery management councils, and other
federal agencies to identify and protect important marine and anadromous fish habitat.
The councils, with the assistance from NMFS are required to delineate EFH for all
managed species. Federal action agencies which fund, permit, or carry out activities that
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Marine Biological Impact Assessment
may adversely impact EFH are required to consult with NMFS regarding the potential
effects of their actions on EFH, and respond in writing to the NMFS recommendations.
EFH is defined as "those waters and substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity". An adverse effect is "any impact which reduces the
quality and/or quantity of EFH". Adverse effects may include direct or indirect physical,
chemical, or biological alterations of the waters or substrate and loss of, or injury to
benthic organisms, prey species, and their habitat, and other ecosystem components.
Adverse effects may be sites specific or habitat -wide impacts, including individual,
cumulative, or synergistic consequences of actions [50 CFR 600.910(a)].
Impacts to Habitat Areas of Particular Concern (HAPC) are described in the regulations as
subsets of EFH which are rare, particularly susceptible to human induced degradation,
especially ecologically important, or located in an environmentally stressed area, including
eelgrass.
The proposed project is located within an area designated as EFH for the Coastal Pelagics
Management and the Groundfish Management Plan designated species. Four coastal
pelagic species, the northern anchovy, pacific sardine, jack mackerel, and Pacific
mackerel potentially occur in the waters offshore of Newport Beach. Six goundfish
species also potentially occur within the local project area, including California scorpion
fish, vermillion rockfish, calico rockfish, California skate, spiny dogfish shark, and
leopard shark (Appendix 1). Of these species, only the northern anchovy comprises a
significant portion of fish that occur, and contribute moderate -to -heavy abundances to the
nearshore fish, but much less so within Newport Bay. Northern anchovy comprise a
portion of the commercial bait fishery in San Pedro Bay and a commercial bait fishing
operation operates in the Newport Harbor entrance channel that provides northern
anchovy to sports fishermen. This species is a planktivore, and is preyed upon by larger
fish and seabirds. Larvae of northern anchovy are also part of the Newport Bay
ichthyofauna and icthyoplankton community.
Although several other coastal pelagic and groundfish FMP species are known from the
project area, temporal data indicate that their presence in the project area is likely sporadic
and their numbers in the project region would be extremely low (Coastal Resources
Management, 2008).
Newport Harbor and Upper Newport Bay shorelines and waters are defined as wetland
habitats under both the California Coastal Act and the National Environmental Policy Act.
Consequently this water body is considered sensitive habitat and is afforded protection to
conserve and protect the resource.
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2.7 INVASIVE SPECIES
Caulerpa taxifolia. Caulerpa taxifolia has a characteristic bright green color, flat, leafy
fern -like fronds (branches), and a below -ground root system. This noxious algae was
found within shallow, enclosed lagoons located at the northeast section of Huntington
Harbour and in Agua Hedionda Lagoon in San Diego County in 2001. Although efforts
are believed to have eradicated this species over the last two years, this tropical marine
algae can be extremely harmful to marine ecosystems because it invades, out -competes,
and eliminates native algae, seagrasses, kelp forests and reef systems by forming a dense
blanket of growth on mud, sand, or rock surfaces (National Marine Fisheries Service,
California Department of Fish and Game and San Diego Regional Water Quality Control
Board unpub. brochure) . It can grow in shallow coastal lagoons as well as in deeper
ocean waters, and up to nine feet in length.
Caulerpa has not been found within Newport Bay despite intensive underwater searches
(Coast Keeper 2000; Coastal Resources Management, Inc. 2004, 2005, 2008, in
preparation). Newport Bay has been designated as a Caulerpa free system (National
Marine Fisheries Service 2001 revised 2003). This species was not observed at the
project site either in October 2003, March 2004, October 2007, August, 2008 (R. Ware,
CRM pers. observation).
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3.0 IMPACT ANALYSIS
3.1 THRESHOLDS FOR SIGNIFICANCE
The threshold for significance of impacts to marine biological resources is determined by
scientific judgment, and considers the relative importance of the habitat and/or species
affected by project implementation. For the purposes of this analysis, the project's effects
on biological resources are considered to be significant if it would:
Substantially affect a rare, threatened, endangered, or candidate plant or animal
species, or the habitat of any such species;
Substantially diminish or degrade the habitat of any marine plant or animal;
Result in notable net loss of a biotic community that is subject to local, state,
and/or federal regulations or that is otherwise of very limited occurrence in the
region.
Interfere substantially with the movement of any resident or migratory fish and
wildlife species; or
Conflict with adopted environmental policies, general plans, or regulatory policies
of the community and State of California.
3.2 RELEVANT CALIFORNIA ENVIROMENTAL POLICIES AND ACTS
The California Coastal Act (State of California 1976, amended 1999) provides the basis
for protection of land and marine resources within the California coastal zone. The
following relevant sections of the Coastal Act apply to protection of local marine
resources in the vicinity of the proposed Marina Park project.
Section 30231 of the California Coastal Act:
"The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine organisms
and for the protection of human health shall be maintained and, where feasible, restored
through among other means, minimizing adverse effects of wastewater discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and
substantial interference with groundwater flow, encouraging waste water reclamation,
maintaining natural vegetation buffer areas that protect riparian habitats, and
minimizing alteration of natural streams.
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Section 30107.5 of the California Coastal Act.
Environmentally sensitive areas are "any area in which plant or animal life or their
habitats are either rare or especially valuable because of their special nature or role in
an ecosystem and which could be easily be degraded by human activities and
developments"
Section 30240 of the California Coastal Act:
(a) Environmentally sensitive habitat areas shall be protected against any significant
disruption of habitat values, and only uses dependent on those resources shall be allowed
within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parlis
and recreation areas shall be sited and designed to prevent impacts which would
significantly degrade these areas, and shall be compatible with the continuance of those
habitats and recreational areas.
Section 30230 of the California Coastal Act:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special
protection shall be given to areas and species of special biological or economical
significance. Use of the marine environment shall be carried out in a manner that will
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educationalpurposes.
3.3 PROPOSED ACTION
Figures 2a and 2b illustrate the components of the proposed project. Existing mobile
homes on the project site will be removed and/or demolished. The basic features of the
project will include a public park for passive and active recreation, short-term visiting
vessel marina, bathroom and laundry facilities adjacent to the marina, a sailing center and
restaurant, tennis courts, and improvements to an existing bathroom.
This impact analysis addresses water quality issues related to the demolition of existing
structures, site hydrology, and marine -related impacts associated with the construction of
the marina.
Marina facilities will be constructed by excavating a basin out of landside, non marine
habitat and dredging a portion of the existing intertidal sandy beach to depths of -12 ft
MLLW. The marine will include a groin wall around the marina, three boat basins, ADA
gangway, 23 slips to accommodate vessels 40-57 ft in length, dry storage for small boats,
lockable kayak racks, and interlocking floats to provide dry storage within two of the 3
basins. Approximately 18 piles will be driven into the bayfloor to support the docks
(Source: URS, Inc).
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3.4 PROJECT -RELATED ISSUES THAT COULD ADVERSELY AFFECT
MARINE BIOLOGICAL RESOURCES
Demolition and construction tasks for the project has aspects that could potentially affect
Newport Harbor marine resources. Particular aspects of this project that have a potential
to degrade water quality and the quality of local marine resources include hydrology and
site runoff, visitor use, and construction and operation of a marina. This project
incorporates upfront Water Quality Best Management Practices that ensure there will be
no adverse and significant short-term or long-term effects on local water quality and
subsequent adverse effects on marine biological resources. These items include:
3.4.1 Storm Water Pollution Prevention Plan
Land -side construction impacts on water quality and marine resources will be reduced to
less than significant with the implementation of a Storm Water Pollution Prevention Plan
that incorporates specific Best Management Practices to avoid impacts to water quality
for both onshore and water -side construction operations. An Erosion Control Plan will be
part of this document. This plan will reduce the potential impacts of airborne dust
deposition and waterborne soil erosion during storm events on the marine environment.
See Section 4 for a listing of potential construction BMPs.
3.4.2 Post -Construction (Operational) Project Water Quality Management Plan
A Water Quality Management Plan will be prepared to avoid potentially significant
effects of the project on water quality and marine resources. The plan will address current
drainage systems, improvements to the drainage system to manage storm water and dry
weather runoff, hydrology, and mitigation measures to reduce potentially significant
project -related effects to less than significant. The Water Quality Management Program
will consist of strategies and Best Management Practices (BMPs) that will provide source
control for pollutants as well as treatment of runoff constituents.
Additional water quality BMPs will be developed for the construction and operation of
the marina.
Implementation of a Water Quality Plan for the construction and operation of Marina
Park will reduce potentially significant water quality and hydrological impacts associated,
with storm water and dry weather runoff to less than significant impacts. Consequently,
hydrological and water quality effects originating from the construction of the resort will
have less than significant impacts on marine resources with the inclusion of these
measures.
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3.5 DEMOLITION AND MARINA CONSTRUCTION IMPACTS TO MARINE
RESOURCES
3.5.1 Site Hydrology, Water Quality, Noise, Dust, and Pollutant Generation
Implementation of the proposed project may alter the existing drainage pattern of the site.
In the short-term, construction activities may result in siltation and erosion as well as
potential fuel oil spills, which could result in a decrease in water quality and an increase
in turbidity and sedimentation as it relates to the amount of pollution flowing to Newport
Bay and the ocean. The project site is under the jurisdictional responsibility of the Santa
Ana Region of the California Water Quality Control Board which regulates discharges
into the State's waters. As part of its oversight, the state ensures the project is
implemented in accordance with federal water quality requirements during grading and
construction. More specifically, the Federal Clean Water Act (Section 402[p]) requires
discharges of stormwater associated with industrial and construction activity to be
regulated by National Pollutant Discharge Elimination System (NPDES) permits.
NPDES compliance requires implementation of Best Management Practices (BMPs) for
water quality control.
Site Hydrology
A storm water conveyance system will be constructed to manage storm water flowing
onto the site, as well as flows generated onsite. The project site, in its existing
conditions, drains directly to the bay or the City storm drain system without incorporation
of best management practices. Site drainage will be improved and standard Best
Management Practices will be included to prevent adverse impacts to bay water quality
and biology. The incorporation of the measures proposed by the project's Water Quality
Management Plan (WQMP) will greatly reduce existing pollutant discharge to the bay.
This is considered a beneficial impact on Newport Harbor water quality.
Storm Water Runoff
Fine sediments generated from the construction activities that might be transported to
the bay in storm water runoff would result in a localized short-term impact on water
quality and bay marine resources. During rainfall events, sediment flow to the bay
would increase that would create higher levels of suspended sediments. Because the tidal
flushing rate within this section of Newport Harbor is extended in this section of the bay
(Everest Consultants, Inc. 2007), the material would tend to stay within the local water
mass creating an extended period of higher water turbidity. Reductions in submarine
light intensity, slight reductions in primary productivity, and reduced subsurface visibility
for sight -foraging fishes and seabirds would be expected. These impacts will be
mitigated to less than significant with the implementation of the Erosion Control Plan and
the Storm Water Pollutant Prevention Plan. Project Water Quality Control Plan BMPs
will insure that Newport Harbor marine biological resources will be protected from short-
term construction effects.
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With the implementation of the project's long-term WQMP, storm water runoff
associated with the project will not result in localized adverse hydraulic effects.
Improved drainage system along the bay front will reduce storm drain flows to the beach
area and will improve water quality compared to conditions that currently exist, resulting
in a long-term, beneficial impact to water quality. Improvements to the storm drain
system and implementing the Water Quality Management Plan BMP provisions will
result in no significant impacts to water quality in Newport Bay.
Noise and Dust
Intertidal Sandy Beach Habitats and Resources. Noise, and dust generated from the
project may result in a temporary reduction in the quality of the sand beach as resting and
foraging habitat for shorebirds and seabirds. This would result in a temporary, less than
significant impact to these resource groups. Implementation of construction BMPs
including the installation of screening around the site will assist in lessening potential
construction impacts on seabird and shorebirds. No shorebird or seabird nesting or
breeding activity occurs on this local stretch of shoreline further reducing the potential
for population -level impacts to these resource groups.
Open Bay Environment. Demolition, grading, and construction of the marina will
produce dust from the operation of construction equipment and vehicles on the site.
During high velocity, windy conditions, this dust might be transported into Newport
Harbor with prevailing northwest winds, or offshore across the Peninsula and to the
ocean environment during Santa Ana wind conditions. The addition of dust would result
in a short-term, less -than -significant impact that would form a light coating of sediment
on the water depending on the velocity and duration of the wind event. The deposition of
fine dust in the project area could potentially result in a short-term increase of water
turbidity and a reduction in photosynthetic processes. Such a reduction would result in a
slight decrease in photosynthetic activity of bay and ocean phytoplankton. However,
there would be no long-term impacts to benthic resources resulting from an increase of
dust settling on the water.
Because of the expected short duration of any wind events that might generate dust the
expected effect will be less -than significant on water quality and marine resources. The
generation of dust from the construction site will also be mitigated by the inclusion of
project water quality management BMPs .
Pollutant Generation
Typical pollutants generated during demolition and marina construction related -activities
could include heavy metals, toxic chemicals, waste materials and debris, fuel, lubricants
and other toxins related to construction equipment and its maintenance. If these
pollutants enter the bay through airborne or water -borne transport methods, then water
quality degradation and potential adverse impacts to marine life could occur, including
reduced viability, tissue contamination, and a short-termland or long term effect on
plankton, fish, and benthic resources.
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The generation of these pollutants from the construction site will be mitigated by the
inclusion and implementation the Water Quality Management Plan and the preparation of
both a Storm Water Pollution Protection Plan (SWPPP) and an erosion control plan.
Strict adherence to identified source controls and project BMPs in these documents will
result in short-term, and less than significant impacts on Newport Harbor water quality
and marine resources.
In summary, the significant impacts of demolition and marina construction activities will
be less than significant on Newport Harbor and marine resources with the implementation
of the (1) Water Quality Control Plan, and (2) the preparation of a Storm Water Pollution
Prevention Plan (SWPPP) prior to site construction. These plans and documents will
identify dry season and wet season runoff control measures, source control, and or
treatment controls that will avoid and/or mitigate potential soil erosion, runoff pollutants,
and other storm water constituents.
3.5.2 Marina Construction
Marine biological habitats and resources (plants, invertebrates, fishes, marine mammals,
seabirds, federally listed and State -listed marine associated species and sensitive habitats)
have a potential to be affected by marina construction related to required deepen portions
of the shoreline that will be connected to part of the marina project that will be land -
excavated. Figure 5 illustrates the two components required to construct the marina.
Table 6 summarizes the potential impacts of the proposed marina project on marine
biological resources.
Landside excavation will be accomplished using dozers, skip loaders, trucks, and other
small equipment. Dredging will involve the removal of bayfloor sediments by either a
clam shell dredge or by hydraulic dredge for the purpose of providing necessary depths
to accommodate vessels to depths of -12 ft MLLW. In addition, 18 cement piles will be
driven into the sediments to secure the docks.
3.5.2.1 Habitat Alterations
The project will have a linear footprint of 534 feet along the shoreline and the maximum
width will be 403 ft, seaward to landward edge. The project will excavate approximately
1.17 acre of upland (5,000 cubic yards (cy) of dry material to create a portion of the
marina to depths of -12 ft MLLW.
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n
yr
35
Dredging
M.
BASIN3
BASIN 1
g
Figure 5. Approximate
Dredge Zone and Landside
Excavation Zone
0
0 39 70'
GRAPHIC SCALE
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Table 6. Habitat Losses and Gains, Marina Park Marina Project
Habitat Loss
Habitat Created
Net Effect
Miti2ation
Construction of Marina
1.17 acre of supra
tidal, non -marine
1.17 acre of shallow
water marine habitat
1.17 acre beneficial impact to marine resources and
Habitat Area of Particular Concern
None required. Short-term Best
Management Practices to avoid
Basin
habitat. Excavate
at depths of-12 ft
(HMC).Essential Fish Habitat; provides additional
adverse water quality impacts to
5,000 cubic yards
MLLW
water column habitat for fishes and foraging
bay resources
(cy) of material
seabirds, and soft bottom benthic habitat for benthic
invertebrates and bottom -foraging fishes
Dredging of estuarine
1.3 acre of sandy
intertidal habitat.
39% of sandy
1.3 acre of shallow
water marine habitat
at depths to -12 ft
Net loss of estuarine sandy intertidal habitat. Change
of 1.3 acre in habitat type from sandy intertidal to
shallow water estuarine habitat. Loss of intertidal
Replacement of 0.13 acre of
estuarine sandy intertidal
habitat at a replacement ratio of
sandy intertidal (+7 to -
2 ft MLLW) and
shallow subtidal to
intertidal shoreline
MLLW
seabird and shorebird roosting and foraging habitat
2:1(Mitigation to Impact) such
create deeper habitat for
along the beach will
be affected.
and Habitat Area of Particular Concern (HAPC).
Short-term loss of populations of soft bottom
that 0.26 acre (11,326 sq ft) will
be successfully created.
marina
Dredge 66,000 cy of
benthic invertebrates.
'material
Construction of oin
Included in
construction of
marina basins habitat
losses
Increased intertidal
and subtidal hard
bottom habitat
Net increase in biomass of marine community of
organisms living on hard substrate. Habitat will
support an assemblage of species typical of Newport
Bay's hardscape habitat (algae, mussels, limpets,
chitons, sea squirts and moss animals) providing a
wall around the marina
and the installation of
boat docks and piles
source of food for bay fishes
Net Impacts to
1.3 acre of sandy
1.17 acre of shallow
(1) Beneficial increase of 1.17 acre of marine
Replacement of 0.13 acre of
Newport Bay
intertidal habitat
water marine
habitat.
sandy intertidal habitat at a ratio
Estuarine Resources
habitat
(2) Net loss of 0.13 acre of sandy intertidal
of 2:1. (Mitigation to Impact)
habitat and associated seabird and shorebird
Note: Calculation is based on
roosting and foraging habitat
beneficial increase minus
adverse loss of intertidal habitat
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The marina will be enclosed by a cement groin wall. Along with the hardscape of dock
floats and 18 pilings this component of the marina will create a substantial amount hard
bottom habitat that will support species of marine algae and invertebrates typical of
Newport Bay (See Table 4).
3.5.2.2 Impacts on Water Quality
Dredging and marina construction activities will cause a short-term increase in turbidity
from the discharging of the suspended fine sediments with the liquefied portion of the
dredge material. Localized increases in turbidity can also occur as a result of vessel prop
wash from tug boats. Increased turbidity will reduce the amount of available light at
submarine depths and could potentially lead to short-term adverse biological impacts
related to a slight decrease in plankton production, the movement of fishes out of the
project area, and an interruption of seabird and shorebird foraging behaviors. The extent
and orientation of the dredge plume will depend on the prevailing tidal cycle. With
ebbing tides, the plume will' dissipate into the main channel, and out towards the harbor
entrance channel. Incoming flood tides will cause the turbidity plume to disperse farther
up towards the Rhine Channel. However, an increase in turbidity is likely be a localized,
less than significant impact with the implementation of Best Management Practices to
limit the spread of any turbidity plumes.
The sediment -bound particulates resuspended during dredging could potentially affect
water quality by releasing detectable levels of trace metals and organic contaminants in
the water column. Organically enriched sediments resuspended into the water column
during dredging will cause a slight decrease in dissolved oxygen levels. Tidal currents
will dissipate the oxygen -poor water mass and replenish ambient oxygen levels. These
impacts are expected to be short-term and less than significant, with a return to ambient
water quality conditions upon the completion of the dredging project.
Dredge material is being tested to determine its suitability for ocean disposal, if this
option for disposal is pursued (Mike Houlihan, Michael Brandman Associates, pers. com.
with R. Ware). However, preliminary analysis of sediment samples collected for the
Proposed Newport Regency Hotel Project in 2004 at the same project site indicate that
the intertidal sediments are greater than 80% sands, and would qualify for beach fill.
Contaminant levels are relatively low (Petra 2004c). In addition, water discharged from
the dredging operations or during dewatering of sediments will require a National
Pollutant Discharge Elimination System (NPDES) permit or a Waste Discharge
Requirements (WDR) permit from the California Regional Water Quality Control Board,
Santa Ana Region.
Accidental oil or fuel spills that could occur during the dredging operation or marina
construction could result in significant effects on the fish and wildlife of the Harbor
depending on the severity of the spill. Such events are likely to be localized spills of
lighter, refined diesel fuels, gasoline, and lubricating oils that are highly toxic to marine
life. The potential for petroleum -product leaks or spills would be low but the potential
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for significant, long-term effect on marine resources would be moderate to high.
The inclusion and implementation of a Marina Dredging Management Plan will assist in
preventing accidental spills and providing the necessary guidelines to follow in case of an
oil or fuel spill and reduce the potential for a significant long term impact to be mitigated
to less than significant.
3.5.2.3 Dredging, Excavation, and Marina Construction Impacts on Marine
Resources
Plants
Dredging will result in the loss of sandy intertidal and soft bottom habitat, upon which
the green algae Ulva spp. commonly colonizes. Waterfowl graze on algae as a food
source. However, this algae is opportunistic, grows throughout the shallow waters of the
bay, and the loss of the algae would be considered a short-term, non significant loss of
plant life. Eelgrass (Zostera marina) doe not grow in the project area, precluding any
impacts to this sensitive species. Marine plants will not be affected by landside
excavation activities.
Benthic Invertebrates
The intertidal and the shallow subtidal soft bottom wetland habitat of Newport Bay
supports a diverse assemblage of benthic invertebrates (i.e., clams, worms, crustaceans)
that are important in the detrital food web because they process organics and release
nutrients back to the system. Additionally invertebrates are an important food source for
shorebirds and bottom -foraging fishes. Dredging activity will result in the transition
from sandy and mud intertidal to permanent shallow subtidal habitat. Once dredging is
completed, benthic invertebrates will colonize the portion of the marina basin created
from land excavation, as well as the soft bottom areas dredged to -12 ft MLLW provided
tidal flushing and water quality within the marina basin is maintained to support marine
life.
The loss of the intertidal invertebrate population as a result of dredging would constitute
a significant but mitigable loss of intertidal habitat and benthic food resources for
foraging shorebirds by implementing a mitigation program to offset the loss of sandy
intertidal habitat. The net change in habitat types between habitat creation for the marina
(1.17 acre) and the loss of 1.3 acres of sandy intertidal habitat (0.13 acre, 5662.5 sq ft)
will be mitigated by conducting a sandy intertidal mitigation replacement program at a
replacement ratio of 2:1 (mitigation to impact) such that 0.26 acre (11,326 sq ft) will be
successfully created within Newport Bay or an acceptable offsite mitigation area. Marine
invertebrates will not be affected by landside excavation activities.
Piling and groin wall associated flora and fauna
The installation of the groin wall surrounding the marina and the installation of the 12
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support piles for the docks will occur following excavation of land soils and following
project dredging. Therefore, the installation of the groin wall and piles will not impact
marine resources. Piling -and -groin wall associated flora and fauna will colonize the
hardscape soon after the groin wall and the piles are installed Within one to three years,
the piling community is expected to be fully developed assuming successful recruitment
and recolonization occurs and water quality and adequate flushing is maintained.
Fishes
The project area fish community consists of approximately 19 species (Allen 1976). The
most common species are shiner surf perch, white surfperch, slough anchovy, and black
perch. During summer 2008 surveys at the project site, mullet were also extremely
common (Coastal Resources Management, Inc unpublished data).
There will be no direct mortality of open water (schooling) fishes during dredging. Some
mortality of bottom -dwelling species such as gobies may occur. However, these losses
will be short-term as other individuals migrate into the area created for the marina and
colonize the newly exposed sediments within one year based upon Allen's (1988) study
of how fast fish recolonized the Unit I and Unit II basins following the 1985 dredging
project. Secondary impacts of increased water turbidity will be less than significant. A
greater -than ambient suspended sediment load related to higher turbidity may reduce the
ability of both visual foraging fishes to feed (i.e., surfperch and halibut) and planktivores
(i.e., topsmelt, anchovy, juvenile surfperch, and juvenile sciaenid). In addition, water
column dissolved oxygen concentrations may decrease due to the resuspension of
organically -enriched sediments. These impacts would physiologically stress the fish, and
result in their temporarily movement out of the area to feed. Turbidity will return to
ambient levels upon cessation of dredging through tidal flushing and circulation and
fishes would return to the area.
Non -Endangered Water Birds
The most common groups of non -endangered species of water birds to be present within
the location of the marina construction and dredging activity are seabirds (gulls,
cormorants), waterfowl (mallards), and various shorebirds (i.e., willets, marbled godwits,
sanderlings). These species may avoid the marina construction zone due to noise,
interruption of resting areas and foraging sites, resulting in a short-term, less than
significant impact on the local water bird population.
Roosting areas for seabirds and shorebirds, and intertidal foraging habitat for shorebirds
however, will be permanently reduced (see discussion of benthic invertebrates) resulting
in a significant impact to bird habitat that would require mitigation as described above
(See Benthic Invertebrates). Once construction is completed, marine birds will return to
the unaffected areas of sandy beach, and non -endangered species of birds will use the
roosting areas of the groin walls. No mortality of marine birds will occur as a result of
marina construction or dredging activities.
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Marine Reptiles
Marine reptiles are protected under the Endangered Species Act. See Endangered
Species Section below.
Marine Mammals
All marine mammals are protected under the Marine Mammal Act (1972). See
Endangered Species Section below.
Sensitive Habitats
Estuaries are considered Habitats of Particular Concern (HAPC) for various federally
managed fish species within the Pacific Groundfish Fisheries Management Plan of the
Magnuson -Stevens Fishery Conservation and Management Act (1997). The excavation of
the landside area will result in creation of 1.3 acres of estuarine habitat for benthic
invertebrates, fishes, water fowl and seabirds, and result in a beneficial impact to
Newport Bay. Another 1.3 acres of sandy shoreline from elevations of +7 to -2 ft MLLW
will be dredged to depths of -12 ft MLLW (66,00 cy of sand and mud). The loss of 1.3
acres of intertidal sand beach habitat represents a 39% loss of estuarine intertidal habitat
along the project area shoreline between 15th Street and 19°t Street. The sandy habitat to
be dredged includes approximately 0.8 acres of intertidal habitat, and 0.5 acre supra -tidal
habitat at elevations above +7 ft MLLW. The net loss in HAPC is 0.13 acre (5,662 sq ft).
Loss of this habitat is a significant long-term but mitigable impact by creating 0.26 acre
(11,327 sq ft) of HAPC within Newport Bay or an acceptable offsite mitigation area.
Endangered, Threatened, Rare, or Sensitive Species
Plants. No sensitive species of marine plants occur within project intertidal or subtidal
habitats. The nearest eelgrass habitat is located 0.9 mile east of the project area at the
Newport Yacht Club (Coastal Resources Management, Inc. (2007).
Benthic Invertebrates. No sensitive species of benthic invertebrates occur in the project
area.
Fishes. The California halibut is a sensitive marine fish but does not have official status
as such. This species is an important commercial and sport fish resource that uses
Newport Harbor as nursery habitat. The proposed project does not support a large
population of halibut, although some may be present. Dredging activity will temporarily
degrade soft bottom subtidal habitat where this species is present, but individuals will
move to non -impacted areas precluding any direct or indirect adverse impacts. Proposed
project construction activities will not result in the mortality of any individuals. Habitat
degradation will be a short-term, less than significant impact on halibut. Once dredging
and the marina basins are completed, additional soft bottom and open water habitat will
available for this species provided that tidal flushing and water quality within the marina
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basin is maintained to support marine life.
Marine Reptiles. The potential for sea turtles to be in the project area is extremely low.
No impacts are anticipated on this resource group.
Marine Birds. Brown pelicans and California least terns may be in the project area
during marina construction. These individuals will respond to disturbances by avoiding
the immediate dredge area and will forage elsewhere outside areas of disturbance.
Turbidity plumes that would spread away from the dredge area would affect their
foraging habitat and result in a potentially locally significant impact to an endangered
species. These species may also move away from the marina construction site because of
the presence of the dredge vessel and noise. However, no direct mortality of endangered
species will result from the dredging activity.
With the implementation of a Marina Construction Management Plan (See Section 4),
potentially significant impacts to endangered least terns and brown pelicans would be
mitigated to a less than significant impact. To further reduce the potential for impacts to
endangered birds, dredging activity should be avoided during the breeding period of the
least tern (April and September), the time in which least terns would be locally foraging
and bring food back to their nest sites. If this mitigation measure is implemented, the
impact will be reduced to a less -than -significant impacts to endangered birds.
Marine Mammals. California sea lions have a potential to be present during the
dredging period. Dredging is expected to have a less -than -significant impact on
individuals that may be in the general dredging vicinity. In all likelihood, individuals
would avoid the dredging operation, and although individuals may be curious, there is a
low potential for harm to an individual or the population within Newport Bay. To date,
there are no records of sea lions being harmed by the Upper Newport Bay dredging
operation or the transport of dredge material by barges and tugs through Newport Harbor.
Bottlenose dolphin or California gray whales are not expected to be within the dredge
project area, precluding impacts to these species. No marine mammals will be impacted
by landside excavation of material for the marina.
Fishery Management Plan Species (FMP), Essential Fish Habitat
Project activities that could potentially affect identified Coastal Pelagic FMP species
(northern anchovy juveniles) and HAPC (estuarine habitat) include increased water
turbidity caused by the site excavation, and dredging. These impacts could result in (1)
the avoidance of juvenile and adult FMP species to the affected, turbid waters, (2) an
increase in the suspended sediment load in the water column that could introduce
contaminants to FMP species, and (3) the clogging of the gill apparatus of filter feeders
(engraulids) that would reduce the ability of the fish to breathe and/or feed. Groundfish
species are likely to be extremely rare or absent in the Marina Park project area.
However, should they be present, the potential for direct mortality on juveniles or adults
of is minimal -any impacts resulting from project turbidity would result in species
avoiding the project area.
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Based upon the life histories and the distribution of identified FMP species that indicate
Coastal Pelagic and Groundfish Managed species occur in very low abundances in
Newport Harbor, the potential for adverse impacts on FMP species related to the Marina
Park project is less than significant.
Invasive Species
Caulerpa algae is not present at the site of the proposed marina (CRM 2004). However,
a Caulerpa algae survey will be conducted according to the National Marine Fisheries
Service Control Protocol(httn://swr.ucsd.edu/hed/CaulgoaControlProtocol.htLn) prior to
marina construction. If this species is found, then protocols for the eradication of
Caulerpa will be implemented to remove this species from the project area.
3.6 LONG-TERM IMPACTS OF LANDSIDE OPERATIONS ON WATER
QUALITY
3.6.1 Water Quality
With the implementation of the Water Quality Management Plan and a Storm Water
Protection Plan (Section 4), there will be no significant impacts on Newport Bay water
quality resulting from the use of Marina Park onshore facilities.
3.7 LONG-TERM IMPACTS OF VISITOR USE ON WATER QUALITY
The public beach between 16'11 and 19°1 Streets will continue to be a popular recreational
area, and visitor use will likely increase. The volume of trash and debris generated from
beach use will also likely increase. This has a low potential to degrade water quality, and
impact marine life, provided that City maintenance of the area continues to be effective.
BMPs to reduce the potential for visitor -use impacts on Marina Park should be included
in the project's Water Quality Management Plan (Section 4). These could include, but not
be limited to adding additional signage to remind visitors to use trash receptacles, and
providing conservation brochures to visitors who visit Marina Park.
3.8 LONG TERM MARINA IMPACTS ON MARINE RESOURCES
3.8.1 Water Quality
Tidal Flushing. Water quality within the proposed marina will be governed by its
flushing capacity (Everest International Consultants, Inc. 2008). Water quality analyses
conducted by Everest indicated that tidal flushing rates would be poor and the flushing
capacities are well below the EPA guidelines which suggest adequate tidal flushing to
maintain water quality of marina basins requires flushing reductions (the amount of a
conservative substance that is flushed from the basin) ranging from 70% to 90% over a
24-hour period. Even with eliminating the existing groin system, the improvement is not
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enough to provide good water quality for the marina basin.
Inadequate tidal flushing in the marina basin would result in lowered dissolved oxygen
levels, higher water temperatures, poor water transparency, a potential for eutrophication
(a process where water bodies receive excess nutrients that stimulate excessive plant
growth), and increased sedimentation. Poor tidal flushing would also exacerbate water
quality issues in this region of the bay since the tidal flushing rate in this part of the
Harbor is already poor (30 days) outside the proposed marina in front of the swimming
beach and the American Legion Marina.
Poor flushing may also result in the potential for maintenance dredging to remove
trapped sediments during the long-term operation of the marina. Maintenance dredging
programs, conducted under either the City's Army Corps of Engineers blanket
maintenance dredging permit or an Army Corps of Engineers individual dredging permit
would result in the periodic removal of soft bottom benthic organisms, the resuspension
of bottom sediments that will increase water column turbidity, and periodic releases of
trace metals and organic contaminants into the water column. Dissolved oxygen levels
will be reduced slightly because of the resuspension of organic materials in the dredged
sediments. The short -tern impact on water quality would be potentially significant, and
also result in short-term significant impacts to marine life.
Unless mitigated, poor tidal flushing within the marina would result in a significant, long-
term impact on Newport Harbor water quality and would severely limit the colonization
of marina habitats by plants, invertebrates and fish. See Section 4 for mitigation
measures that will reduce the impact of poor tidal flushing on water quality and marine
resources to a less -than -significant impact.
Marina Tenant Impacts. Water quality will also be governed by the practices of the
tenants relative to their compliance with ordinances, laws, and guidelines related to
discharges, vessel maintenance and marina maintenance. Periodic and/or uncontrolled
discharges of various pollutants, oils, greases, and wastes will result in a long-term
significant adverse effects on water quality and local marine life. Surface runoff from
the marina will also be regulated through NPDES permit for storm water discharges.
Implementation of the creation and the implementation of a Marina Management Plan
(Section 4) will reduce potential long-term water quality impacts to less than significant.
3.8.2 Marine Resources
3.8.2.1 Non -sensitive Plants
The presence of marina hardscape (docks, pilings, and groin walls) will promote the
growth and establishment of algal species typical of Newport Bay hardscape areas. This
will result in a beneficial impact to marine plant productivity assuming water quality and
tidal flushing is maintained in the marina.
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3.8.2.1 Impacts to Benthic (bottom -dwelling) Resources
The permanent removal of 0.13 acre of sandy intertidal habitat and associated intertidal
invertebrate fauna will be a locally significant, long-term impact, mitigable by the
creation of 0.26 acres of sandy intertidal estuarine habitat within Newport Bay or an
acceptable offsite mitigation area as described in Section 3.5.2.3. Mitigation for this loss
is described in Section 4.
Hard substrate of pilings, retaining walls (bulkheads) and docks will be created which
will provide attachment surfaces for intertidal and subtidal hardscape associated plants
and animals such as algae, barnacles, mussels, limpets, and limpets, resulting in a
beneficial impact to hard substrate -associated plants and invertebrates. Many of these
organisms are food for fishes. The increased surface area and additional variety of
marine habitat afforded by the presence of hard substrates will increase species diversity
of both invertebrates and algae in the project area, which will also attract a greater
diversity of fish to the project area because of an increase in diversity of habitat types.
3.8.1.3 Impacts to Fishes
Marina operation will result in a beneficial impact to fishes (i.e., topsmelt, perch, sand
bass, and sting rays) because an additional 1.17 acre of shallow water habitat will be
created, provided that water quality is maintained to support marine life. The addition of
the retaining wall, the pilings, and docks will also attract fishes who will forage on plants
and invertebrates attached to the hard substrate.
3.8.1.4 Impacts to lion -endangered Shorebirds and Seabirds
The presence of the new marina will provide seabirds with roosting and open water
foraging habitat, although this will be at the expense of their current foraging and resting
habitat on the existing sandy beach. Both shorebirds and seabirds, however, will also be
permanently displaced to the remaining sandy beach habitat west of the marina. In the
long-term, there will be a loss of sandy intertidal habitat as a consequence of marine
construction (significant but mitigable), as described in Section 3.5.2.3 resulting in a
mitigation requirement to offset seabird and shorebird habitat.
3.8.1.5 Impacts to Marine Mammals
See Section 3.8.1.6.
3.8.1.6 Impacts to Endangered Species and Sensitive Species
Plants. The proposed marina will be excavated and dredged to a depth of -12 ft MLLW,
below the depth range in Newport Bay to support eelgrass in this part of the Harbor.
Therefore, there will be no long-term effects on this species, since appropriate habitat will
not be present.
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Invertebrates. No endangered species of invertebrates will be impacted by the presence
or the operation of the proposed marina.
Fishes. California halibut will be beneficially impacted by the creation of additional soft
bottom habitat from (1) the excavation of 1.17 acres of non -marine habitat and the
dredging and deepening of 1.3 acres of intertidal sand beach habitat. This will provide
additional shallow water nursery habitat in Newport Harbor.
Reptiles. The proposed project will have no impact on marine reptiles (sea turtles) due to
their absence in Newport Harbor.
Marine Mammals. There will be no long-term impacts on marine mammals resulting
from the presence or operation of the marina. Although sea lions may occasionally swim
into the marina, they are not expected to haul out if measures are taken to deter their
presence. Cetaceans (whales and dolphins are not expected to enter this part of Newport
Harbor, precluding potential impacts to these species.
3.8.1.7. Impacts to Fishery Management Plan Species. Based upon the life histories
and the distribution of identified FMP species that indicate Coastal Pelagic and
Groundfish Managed species occur in very low abundances in Newport Harbor, the
potential for adverse impacts on FMP species related to the Marina Park project is less
than significant.
The creation and operation of the marina will have no affect on either pelagic or
groundfish FMP species. The only species likely to be present in Newport Bay will be
the northern anchovy, which is unlikely to be benefited or adversely affected in this part
of Newport Harbor due to their limited numbers.
3.8.1.8 Impact To Sensitive Habitats
See Section 3.5.2.3 and Table 6 for a discussion of impacts to sensitive habitats. As
discussed, there will be a loss of 0.31 acre of sandy intertidal habitat that be replaced with
shallow water habitat. Since Newport Harbor is considered an estuarine Habitat of
Particular Concern (HAPC) under provisions of the Magnuson -Stevens Fishery
Conservation and Management Act (1997), this loss is considered a significant, but
mitigable adverse impact on an HAPC. Mitigation for this loss is provided in Section 4.
3.8.1.9 Impacts to Invasive Species
Caulerpa is not currently present at the proposed marina site. In the event that it
colonizes the marina, an eradication program would be implemented immediately under
the supervision of the Regional Water Quality Control Board, National Marine Fisheries
Service, and the California Department of Fish and Game according to the Caulerpa
Eradication Protocol (ht_pt://swr.ucsd.edu/hcd/CauIgMaControlProtocol.htLn).
Informational and educational pamphlets alerting boaters and visitors of this potentially
destructive species should be included in the Marina Management Plan.
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4.0 MITIGATION MEASURES
4.1 RUNOFF WATER QUALITY
Planning Documents. With the preparation and implementation of the following
documents and all required Best Management Practices contained in the plans, potential
water quality impacts on Newport Harbor related to site construction and operation will
be reduced to less than significant:
• Post -Construction (Operational) Project Water Quality Management Plan and
• Storm Water Pollution Prevention Plan
Specific BMPs should include:
Construction BMPs should include the following:
• Dust Control: Water will be sprayed in newly graded areas to prevent grading
activities dust to be blown to adjacent areas.
• Construction Staging: Specific areas will be delineated for storage material and
equipment, and for equipment maintenance, to contain potential spills.
• Sediment Control: Sand bags or silt fences will be located along the perimeter of the
site. Existing inlets and proposed area drains will be protected against intrusion of
sediment.
• Tracking: Tracking of sand and mud on the local street will be avoided by tire
washing and/or road stabilization. Street cleaning will be done if tracking occurs.
• Waste Disposal: Specific area and/or methods will be selected for waste disposal.
Typical construction waste include concrete, concrete washout, mortar, plaster,
asphalt, paint, metal, isolation material, plants, wood products and other construction
material. Solid waste will be disposed of in approved trash receptacles at specific
locations. Washing of concrete trucks will be done in contained area allowing proper
cleanup. Other liquid waste will not be allowed to percolate into the ground.
• Construction dewatering will require approved permits by the California Regional
Water Quality Control Board and the City.
• Maintenance: Maintenance of BMPs will take place before and after rainfall events
to insure proper operation.
• Training: The SWPPP will include directions for staff training and checklists for
scheduled inspections.
• Installation of screening around the site will assist in lessening potential impacts on
seabird and shorebirds.
1 Source: Metro Pointe Engineers, Inc. 2004
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These plans shall be completed prior to the initiation of construction and included in
construction bid packages to the contractors and be part of project's long-term
management requirements.
4.2 MARINA CONSTRUCTION AND OPERATION
4.2.1 Planning Documents.
• A Marina Management Plan shall be developed by the applicant to identify
construction and long-term operational BMPs to reduce the level of potential water
quality impacts to less than significant. This document shall be developed and
included in marine construction bid packages and implemented as a requirement of
the long term operation of the project.
With the implementation of the Marina Management Plan, and planning documents and
Best Management Practices potential water quality impacts on Newport Harbor will be
reduced to less than significant. This will significantly reduce the potential for adverse
impacts to intertidal and subtidal marine resources. The plan should provide boaters with
reasonable BMPs, safety guidelines, and steps to take in response to accidental spills,
leakages and fires to reduce the potential for water quality degradation. In addition, two
pamphlets The Guide to Clean, Green Boating (California Department of Fish and Game
1999) and Clean Boating (California Department of Boating and Waterways (undated
material) should be distributed and made available to management and marina tenants.
These are available through the City of Newport Beach Harbor Resources Department.
Clean Marinas California Program (2006) has developed a guidebook for to making
marinas environmentally clean facilities and to help protect the state's waterways from
pollution. This guidebook is available at http•//cleanmarinascalifornia.org. It is
recommended that a copy of this document be kept onsite in the Marina Office.
Examples of shoreline and boat dock BMPs' include:
• Limiting heavy equipment use to the backshore portions of the beach.
• Prohibit boat in -water maintenance and discharge of waste.
• Provide easily accessible restrooms and trash receptacles.
• Provide fire fighting and spill containment equipment.
• Additional BMPs for marina construction and operation will be integrated into the
project's Water Quality Management Plan.
• Dispose of used oil, antifreeze, paints, and other household chemicals properly.
• Avoid spills of hazardous or polluting material and prepare guidelines for
remediation of such occurrences.
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• Affix signs educating user of the property about BMPs.
• Scheduled inspections.
• Long -Term Maintenance: As design progresses, the owner's plan for the long-term
and continuous maintenance of all on -site BMP's requiring ongoing maintenance
will be developed. This plan will include his acceptance of the responsibility for
the on -site maintenance of all structural and treatment control BMPs.
• Maintenance of a Water Quality Management Plan report, its distribution to lessees,
and assignment of specific responsibilities by the owner.
4.2.2 Specific Dredging BMPs to reduce impacts to water quality and marine
resources
• The dredging contractor shall be required as part of the dredging contract to ensure
that dredging activities shall be conducted so as not to disturb sensitive biological
habitats and resources in Newport Bay.
• No vessel discharges are allowed within Newport Bay.
• Dredging and spoils disposal must be planned and carried out to avoid significant
disruption to marine and wildlife habitats and water circulation.
• Prior to the issuance of a grading permit, the City of Newport Beach Public Works
Department shall be provided with evidence that all appropriate permits or
clearances have been obtained from the U.S. Army Corps of Engineers, U.S.
Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality
Control Board.
Dredging operations will be surrounded with a dredge screen to reduce turbidity. In
addition, Best Management Practices that will further reduce the impact of turbidity
include using appropriate machinery when dredging and transporting materials, and
employing proper maintenance and operation on equipment (including adequate
training, staffing, and working procedures. Turbidity monitoring should be
conducted during dredge operations to insure compliance with standards set forth
by the Santa Ana Regional Water Quality Control Board.
• Treatment of extracted water, if required, shall be conducted in a manner and at a
location approved by the City of Newport Beach City Engineer and the Santa Ana
Regional Water Quality Control Board.
• Provisions shall be made, as necessary, for treatment of hydrogen sulfide to comply
with water quality standards and to control odors from the dewatering process.
• The dredging contractor shall conduct dredging activities in accordance with the
approved dredging permit from the U.S. Army Corps of Engineers.
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Conditions imposed by the Regional Water Quality Control Board and the
Department of Fish and Game will be incorporated into the project.
Should ocean disposal be required for the project, project operations will require
that the scow doors used to release dredged material remain closed until the scows
are towed to the disposal site.
To prevent long-term impacts on local water quality due to potential tidal flushing
issues the following mitigation measure is recommended:
4.2.3 Mitigation for Adverse Water Quality Impacts Related to Poor Flushing in
the Marina
Mechanical flow -enhancement devices should be installed, if feasible, to improve
tidal circulation within the marina Everest International Consultants, hic. 2008) to
mitigate potential long-term, adverse impacts on water quality and marine
biological resources. Other methods of providing increased circulation should also
be considered.
4.2.4 Mitigation for the Loss of Intertidal Soft Bottom Habitat and
Seabird/Shorebird Foraging and Roosting Habitat
M
The loss of 0.13 acre (5,662 sq ft) of
(HAPC) is a significant, but mitigable
(11,327 sq ft) of additional HAPC with
mitigation area.
estuarine Habitat of Particular Concern
long-term impact by creating 0.26 acre
in Newport Bay or an acceptable offsite
In accordance with Public Resources Code 21081.6, a mitigation monitoring plan
must be developed to monitor the success of the habitat replacement. A five-year
monitoring program is recommended.
The location of a suitable replacement site is under study and shall be approved by
the U.S. Fish and Wildlife Services (USFWS), California Department of Fish and
Game (CDF&G), and National Marine Fisheries Service (NMFS) prior to approval
of the marina construction permit issued by the ACOE and the California Coastal
Commission. An in -lieu fee agreement option for contributing to a permitted or
nearly -permitted mitigation project option will also be simultaneously pursued.
If the mitigation program is successful, the soft bottom habitat impacts would be
reduced to a level considered less than significant.
City of Newport Beach Marina Park Project Coastal Resources Management, Inc.
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4.2.5 Marine Biological Resource Monitoring
A construction and post -construction marine biological mitigation monitoring plan
will be prepared that will include preconstruction, construction, and post -
construction monitoring of the health of marine life at the project site, and a final
determination of areas impacted by the project.
These monitoring programs should be implemented to ensure that Newport Harbor
water quality and marine resources are being protected through the implementation
of the Marina Management Plan. This monitoring program should include
monitoring of the marina basin and the channel waters in front of the sand beach
prior to, during, and following marina construction for a period of 5 years. If it is
determined that Newport Harbor water quality or marine life have been degraded as
a result of the operation of the marina, then adaptive management techniques
should be implemented to protect the bay's water quality and marine resources.
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5.0 ALTERNATIVES ANALYSIS
5.1 ALTERNATIVE 1. NO PROJECT ALTERNATIVEINO DEVELOPMENT
ALTERNATIVE
This alternative would maintain status -quo marine water quality and marine resources
conditions. There would be no loss of marine resources or reduction in soft bottom
habitat as a consequence of this alternative.
6.0 CUMULATIVE IMPACTS
The proposed project will incrementally increase the potential for water quality
degradation in Newport Harbor. However, with the implementation of proposed
mitigation measures, these cumulative impacts are anticipated to be less than significant.
The project will incrementally reduce the amount of open sand beach and shallow
subtidal soft bottom habitat in Newport Harbor, reducing the value of Newport Harbor as
a biological habitat for seabirds and shorebirds. It will increase shallow water habitat
area for fishes and soft bottom benthic invertebrates. The net loss of 0.13 acre of sandy
intertidal habitat is a potentially significant, but mitigable long-term impact. Mitigation
for habitat losses, if successful, will result in a less than significant cumulative impact to
marine resources.
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7.0 LITERATURE CITED
Allen, L. A. 1976. Abundance, diversity, seasonality and community structure of the fish
populations of Newport Bay, California. M.S. Thesis, California State University,
Fullerton. 108pp.
Allen, L. G. 1988. Final report. Results of a two-year monitoring study on the fish
populations in the restored, uppermost portion of Newport Bay, California; with
emphasis on the impact of additional estuarine habitat on fisheries -related
species. Prepared for the National Marine Fisheries Service in fulfillment of
Contract #WASC-85-00216.
Barnard, J. L., and D. J. Reish. 1959. Ecology ofAmphipoda and Polychaeta of Newport
Bay, California. Allan Hancock Foundation Publications. Occasional Paper No.
21. Pp. 1-106.
California Department of Boating and Waterways. (no date). Clean boating habits.
Sacramento, CA. 23 pp.
California Department of Fish and Game Office of Oil Spill Prevention and Response.
1999. Guide to clean, green boating. no publication date. Sacramento, CA.
California Department of Fish and Game. 1953. Biological survey: Lower Newport
Bay. Report to the Santa Ana Regional Water Pollution Control Board. Feb 10,
1953. Code No. 58-8-8.
California State Water Resources Control Board. 1998. Sediment chemistry, toxicity, and
benthic community conditions of selected water bodies of the Santa Ana Region.
Final report. In association with the National Oceanic and Atmospheric
Administration, Regional Water Quality Control Board Santa Ana Region,
California Department of Fish and Game, University of California, Santa Cruz,
and San Jose State University. 33 pp. plus appendices.
Coastal Resources Management, Inc. 2008 (in progress). Newport Harbor oceanographic
field survey investigation: Phase 1: Summer 2008 Submarine light, temperature,
dissolved oxygen, pH, salinity, and dissolved solids studies. Under contract to the
City of Newport Beach Harbor Resources Division.
Coastal Resources Management. 2007. Distribution and abundance of eelgrass (Zostera
marina) in Newport Bay. 2006-2007. Eelgrass habitat mapping project. Bulkhead
to pierhead line surveys. Prepared for the City of Newport Beach Harbor Resources
Division. Map available on City of Newport Beach Website. (Final report in
progress).
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City of Newport Beach Marina Park Project Coastal Resources Management, Inc.
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Coastal Resources Management. 2005. Results of bay -wide eelgrass (Zostera marina)
habitat mapping surveys in Newport Bay, December 2003 April 2004. Prepared
for the City of Newport Beach Harbor Resources Department. GIS maps of
eelgrass habitat and density information. March 2005.
Coastal Resources Management, Inc. 2004. Marine biological impact assessment.
Marinapark Resort and Community Plan. Prepared for Michael Brandman
Associates. April 2004. 50 pp.
Coastal Resources Management. 1999. Marine biological impact assessment. Voit
residence seawall replacement project. Balboa Peninsula, Newport Beach, CA.
20 pp. plus appendices.
Coastal Resources Management and Chambers Group, Inc. 2002. City of Newport
Beach, California. Local Coastal Plan Biological Appendix. Prepared for the City
of Newport Beach Planning Department. November 2002. 101 pp plus
appendices.
Coastal Resources Management 2000. Marine biological resources impact assessment
(draft) for the Southcoast Shipyard redevelopment project, Newport Bay, CA.
Prepared for Shelhnaker, Inc. and Southcoast Shipyards. Prepared by R. Ware. 15
pp. Draft Report. May 2000.
Coastal Resources Management. 1993. Upper Newport Bay environmental evaluation.
Appendix E, Marine and Estuarine Resources in: Upper Newport Bay
Reconnaissance Study. Final Report. Prepared by R. Ware for Coastal Frontiers
Corporation and the U.S. Army Corps of Engineers. 202 pp.
Coast Keepers, 2001. Caulerpa taxifolia survey. Map of Caulerpa sampling sites and
identification of eelgrass bed locations in areas where surveys were conducted.
Map prepared for the City of Newport Beach. July 2001. Computer CD-ROM,
GIS format.
County of Orange. 1978. Environmental studies in Newport Bay. Orange County Human
Services Agency. Various pp.
Daugherty, S. J. 1978. Benthic ecology. In: Environmental Studies in Newport Bay.
Orange County Human Services Agency, Environmental Health Division. Santa
Ana, California. Pp. 129-192
Dawson, C. M. 1963. Benthic ecology in the entrance channel of Newport Bay,
California. M.S. Thesis, University of Southern California. 112 pp
Everest International Consultants, Inc. 2008. City of Newport Beach Marina Park
Coastal Engineering Study (Draft). Prepared for URS, Inc, and the City of
Newport Beach.
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City of Newport Beach Marina Park Project Coastal Resources Management, Inc.
Marine Biological Impact Assessment
Harbor Resources Division, City of Newport Beach. Unpublished PowerPoint
presentation on Rhine Channel toxicity.
Long, E. R. and L.G. Morgan. 1990. The potential for biological effects of sediment
absorbed contaminants tested in the National Status and Trends Program.
NOAA Technical Memorandum NOS OMA 62. National Oceanic and
Atmospheric Administration, Seattle Washington. 86pp.
Marine Biological Consultants (MBC) and the Southern California Coastal Water
Research Project (SCCWRP). 1980 (Dec). Irvine Ranch Water District Upper
Newport Bay and Stream Augmentation Program. Final Report. October 1979-
August 1980.
MEC Analytical Services, Inc. 1997. Biological resources of Upper Newport Bay,
California. Prepared for the U.S. Army Corps of Engineers Los Angeles District.
Contract Number DACW09-D-003. November 1997. 71 pp. plus appendices.
Metro Point, Engineers, Inc. 2004. Drainage technical study. Hydrology, hydraulic
calculations, and water quality management plan for the Regent Newport. W.
Balboa Blvd, Newport Beach, CA Environmental Impact Report. Prepared for
the City of Newport Beach, January 2004. Revised February 2004.
Newport Beach (City of). 2008. Marina Park Initial Study. Newport Beach Planning
Department. May 22, 2008.
National Marine Fisheries Service (NMFS). 2008. Essential Fish Habitat (EFH)
evaluation for the Balboa Marina Project, Newport Beach, Ca. February, 2008.
Prepared by Robert Hoffman, NMFS, Long Beach, CA. 4 pp.
National Marine Fisheries Service, California Department of Fish and Game, and the San
Diego Regional Water Quality Control Board. (no date). Undated brochure on
the noxious algae Caulerpa taxifolia.
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Appendix 1.
Pelagic and Groundfish Fishery Management Plan Species
Potentially Present in Newport Bay
Common Name
Scientific Name
Comment
Coastal Pelagics
FMP
Northern anchovy
Engraulis mordax
Upper Newport Bay
Absent in Upper Newport Bay (Allen, 1976)
1 individual in Upper Newport Bay (MBC and
SCCCWRP, 1980;
Eighth most abundant species in Upper Bay
(Horn and Allen, 1981);
Seventh most abundant species in Upper Newport
Bay (Allen, 1988);
Not among 10 most dominant species in Upper
Newport Bay (MBC 1997 in MEC 1997);
Engraulid juveniles abundant (1,844) in purse
seines in Upper Newport Bay (MEC 1997);
Lower Newport Bav
Present (13) in Lower Newport Bay (Allen, 1976)
Pacific sardine
Sardino s sa ax
Rare (1)in Lower Newport Ba Allen, 1976
Pacific mackerel
Scomber 'a onicus
rare 1 in Lower Newport Bay Allen, 1976
Jack mackerel
Trachurus
none reported
s mmetricus
Pacific Groundfish
FMP
English sole
Parophrys vetulus
rare (1) in Upper Newport Bay (Allen, 1976)
rare 1) in Lower Newport Bay (Allen, 1976)
Pacific sanddab
Citharichth s sordidus
none reported
Leopard shark
Triakis semifasciata
rare (1) in Upper Newport Bay (Allen, 1976)
Bocaccio
Sebastes paucispinis
none reported
California scorpion
Scorpaena guttata
rare (1) in Lower Newport Bay (Allen, 1976)
fish
Olive rockfish
Sebastes serranoides
Rockfish, unid)
Sebastes sp.
rare (1) in Lower Newport Bay (Allen, 1976)
Cabezon
Scorpaenichthys
none reported
marmoratus
RE