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HomeMy WebLinkAbout16 - Big Canyon Creek Restoration ProjectCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Assistant City Manager Dave Kiff 949 - 644 -3002 ordkiff @city.newport- beach.ca.us SUBJECT: BIG CANYON CREEK RESTORATION PROJECT — ADOPTION OF MITIGATED NEGATIVE DECLARATION ISSUE: The City of Newport Beach, as the Lead Agency, has prepared a Mitigated Negative Declaration (MND) for the Big Canyon Creek Restoration Project. California State Law requires that the Lead Agency conduct environmental review for all pending projects that require a public hearing. An environmental review examines the nature and extent of any potentially significant adverse effects on the environment that could occur if a project is implemented. The City of Newport Beach would require the preparation of an Environmental Impact Report if the review concluded that the proposed project could have a significant unavoidable effect on the environment. Based on an Initial Study and a Project Feasibility Design Study, City staff has concluded that with mitigation, the Big Canyon Creek Restoration Project will not have a significant effect on the environment. RECOMMENDATION: Staff recommends that the City Council adopt the Mitigated Negative Declaration. DISCUSSION: Environmental Review: As part of the environmental review for the proposed project, stakeholder meetings were held on September 28 and December 12, 2006. Stakeholders indicated general support for the proposed - project at both meetings. In accordance with §15064(f) of the CEQA Guidelines, a MND shall be prepared if the proposed project will not have a significant effect on the environment after the inclusion of mitigation measures in the project. Based on the available project information, and the environmental analysis presented in the MND, there is no substantial evidence that, after the incorporation of mitigation measures, the proposed project would have a Big Canyon Creek Restoration Project Adoption of Mitigated Negative Declaration September 11, 2007 Page 2 significant effect on the environment. The MND states that the proposed Big Canyon Creek Restoration Project would result in less- than - significant impacts for the following issues: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation /traffic, and utilities and service systems. The completed MND was circulated for a 30 -day public review period (July 18 to August 17, 2007). The MND was reviewed with Council at Study Session on July 24, 2007. Meeting minutes from the study session are included in Exhibit 1. Additionally, a public hearing was held on August 1, 2007 adjacent to the Bluffs Community Center in Newport Beach and meeting minutes are included in Exhibit 2. Attendees of the public hearing indicated general support for the proposed project. Comments were received regarding the project, including: sediment removal, amphitheatre, plant species, hydrology, funding, traffic and pedestrian safety, public access, Back Bay Dr. realignment, parking, trails, noise and removal of exotic plant species. Responses to the comments have been prepared and incorporated into the MND as Exhibit 3. Staff thinks all concerns have now been addressed and recommends Council acceptance of the MND referenced as Exhibit 4. Prepared by: Oor JMr�r. w Mark Reader, AE. Project Manager Exhibits 1. July 24, 2007 City Council Study Session Minutes 2. August 1, 2007 Public Hearing Minutes 3. Response to Public Comments 4. Mitigated Negative Declaration Submitted by: i Da a iff Ass tant City Manager EXHIBIT 1 July 24, 2007 City Council Study Session Minutes Agenda Item No. I August 14, 2007 CITY OF NEWPORT BEACH City Council Minutes Study Session July 24, 2007 — 4:00 p.m 1• ROLL CALL II. Present: Council Member Henn, Council Member Council Member Webb, Council Member ] CURRENT BUST KESjS I. • CLARIFICATION OF ITEMS ON Regarding item 9 (Buck Gully W the controlling(blocking of se di Gully and it is critical that it gets Pro Tem. Selich, Mayor Rosansky, Member Gardner O uncil Member G expressed concern about :e the sediment in Littl na comes from Buck as possible. Regarding item 14 and Jury to the Report "Newport Harbor Moorings"), Council Me gle stated t she plans on pulling the item for discussion and that there isri t any that bushes that profits are being made. In response to Council M ber He 'on, Chief Lewis stated that, Item 5 (Execution 1 Year 20 Ho nd Grant Programs Transfer Agreements) is reset ' g from 2 12 (Request for Additional Funding for Proposed Unde d ssment D' 92, 100, 101 and 103), Council Member Henn stated the he be p item 12 to ht. Regarding Item 16 purchase of Police Department Digital eo Jail and Police acility). Council Member Henn expressed concern that it s like rtmen doing single source bids. Mayor Pro Tem. Selich stated oul a to life of the DVR system since there is a possibility that the Po pli ill %be moved. He' also wanted to know if the system can be relocated to another b line City introdua* the new Utilities Director Steve Myrter. Utilities Director Myrter gave a backgfund of his career and spoke briefly about his personal life. 2. It w, 8. BIG AND GRANT DEALING WITH WATER QUALITY. of Council to continue this item to a future study session. PROJECT. Assistant City Manager Kiff introduced the Public Works Consultant Mark Reader and the Lead Consultant to the project, Lan Weber, from WRC Consulting. Mr. Reader utilized a PowerPoint presentation to explain the existing conditions and Dredge/Fill history. He stated that in 2003, the Community Conservancy International (CCI) led a project team to address various issues within the Big Canyon Nature Park in which scientific research and analysis was conducted to develop possible restoration alternatives. In April 2004, CCI completed the Phase 1 report and made the following recommendations: restore the historic title zone, improve water quality issues, restore functioning wetlands & fresh water marshes, repair upland habitats, improve public trail access, scenic opportunities, and Volume 58 - Page 220 Exhibit 2, Page 3 City of Newport Beach Study Session Minutes July 24, 2007 interpretive facilities, remove invasive non - native plants, encourage public participation, and provide educational and recreational opportunities. In August of 2005, the City selected WRC to move forward with Phase 2. They have completed the feasibility assessement, water quality analyses and preliminary engineering. He explained the changes to the grading, drainage, utilities plan, planting/habitat plan, trail and facility plan, ampitheater plan, restroom plan, interpretive education/park use, and the trail and facility plan. He stated that the next step is a. meeting on August 1, 2007, at 6:30 p.m. at The Bluffs' Community Room and the comment period for the CEQA process closes on August 17, 2007. In response to Council Member Gardner's que: maintenance of the sediment will not be a problei maintenance manual will be provided at the end cleanings. Council Member Gardner stated tha e or test the sediment considered. Regarding seat ampitheater w�11 be on the slope and Ingle will be concrete but, between the seats, t,#re will be In response to Council Member Da the Orange County DepartmentAO ampitheater and that the. City of the schedule. He stated that ti County to determine the use of the Weber stated that th ill not species and replace the ills In response to Council M project is to get better drs capacity, tojl&ve the roa restorati budget be lin for aonj Ms. Weber explained why the LAe reported that an operation and Fhe study that will recommend annual would like the issue of having to distill Neater, Ma_ Weber stated that the 100 h the nature_ Further, the seating s q lions, Assistant'W&r Manager Kiff stated that u n will be the most organization using the t involve with the but will keep track ty might want to enter into an agreement with the 1 n and to deal with other issues as they arise_ Ms. in new species,- but will remove the• invasive w trees. ue i _ Weber stated that the focus of the trjOUR"jiL Ba Drive and, when the water exceeds its enough Lain the overflow. She stated that the .mine the level of protection; but the whole facility can't can not be obtained. In reap to until Member 's questions, Assistant City. Manager Kiff stated that the pants the State Water Resources Control Board and the Cos cY via Propositions 40 and 50_ He confirmed that the City.. about 15 p rcent of the overall cast to date_ He added that there is money de The Irvine Company for the interpretive elements and they have proposed a t $90 , for the trail systems, overlook, benches and ampitheater area. In response Mayor Tem Selich's questions, Assistant City Manager Kiff stated that they will get construction estimates and then approach the funding agencies. He rted the City can set it up so that certain elements of the project are deferred if th is no g. He indicated that the project is considered a research improvement, so he d o xpect the City to pay for improvements over the budget_ In res se to Council Member Curry's questions, Assistant City Manager Kiff stated that the estimated amount of the project is about $8 million to $10 million dollars. He reported that the State passed another bond measure for.$5.2 billion and the State has supported this project in the past. In response to City Manager Bludau s questions, Ms_ Weber stated that speed can be limited and stop signs can be installed for vehicles. Assistant City -Manager Kiff reported that the Upper Newport Bay Ecosystem project has a requirement that states there should not be a net loss of no more than 10 percent of one habitat, and noted that, in this case, it is the mudflats. He confirmed that it is possible to widen the road upstream and Volume 58 - Page 221 Exhibit 2, Page 4 City of Newport Beach Study Session Minutes July 24, 2007 III. IV consider providing a pedestrian lane for safety reasons_ Council Member Daigle stated that there will be a meeting at the Bluffs and it is up to the community_ Pat.Krohn, representative from the Homeowners Association, stated that the owners in her candiminium are very interested in the Big Canyon Project and believe that it will be an enhancement to the community. She asked how the additional people in the area will affect her neighborhood. Assistant City Manager Kiliexplained that there will not be a new paved public road, no increase in public access, and all of the tra7s are already existing. Diana Blazer stated that her biggest concern is tVvehicles because people do not pay attention to the speed limit which makes the one. She believed that the stop signs will be ignored, but widening for ingress greas would be helpful_ She reported that City crews leave the dead branches an ri w they clean the culvert. Council Member Gardner stated that t Ry should co speed bumps. In response to Council Member Web's q ons, Ms. We ted that they decided to keep the same amount of park' ' ' aces use the parking lot derutilized. He added that the parking area will bent d by school buses brin , ' dren to the area. PUBLIC COMMENTS - None ADJOURNMENT - 5:00 p.m. The agenda for the Study Hall Bulletin Board loco Building. AIML City Clerk 19, 2007, at 12:80 p.m. on the City ' Newport Beach Administration Recording Secretary Volume 58 - Page 222 Exhibit 2, Page 5 EXHIBIT 2 August 1, 2007 Public Hearing Minutes BIG CANYON CREEK RESTORATION PROJECT Phase 11 Engineering, Design, Permitting, and Final Construction Documents NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION PUBLIC MEETING MINUTES August 1, 2007 OPENING REMARKS AND INTRODUCTIONS Mr. Dave Kiff, Assistant City Manager for the City of Newport Beach, began the meeting at approximately 6:30 p.m. by thanking the attendees for their interest. A sign -in sheet was provided and circulated to the meeting attendees. Mr. Kiff then introduced City Council Member Leslie Daigle and explained that she requested the meeting as part of the public review process for the Draft Mitigated Negative Declaration (MND) for the Big Canyon Creek Restoration Project. He then explained that pertinent, project documents, including the MND, are available on the City web site and that public comments may be submitted by using the link to his email address that is provided at the bottom of the project web page. Mr. Kiff continued the meeting by providing a summary of the project's history and background. He emphasized that Big Canyon is a nature park and that the project is not intended to increase park usage or change its character. Mr. Kiff then proceeded to introduce Mr. Mark Reader, Project Manager for the City of Newport Beach Public Works Department, as well as members of the project consultant team in attendance. PRESENTATION OF PROJECT OVERVIEW Mr. Reader began the next portion of the meeting by presenting an overview of the Big Canyon Creek Historic Tidal Wetlands Conceptual Restoration Plan, prepared by Community Conservancy International in 2004. He summarized the issues of concern in Big Canyon and Upper Newport Bay that are identified in the plan, including poor water quality and degraded habitats. Mr. Reader continued by describing the opportunities (which are identified in the plan) to address issues of concern, as well as how the issues of concern and opportunities were used to guide the project and identify specific project elements. Referring to a series of large project plans shown to the meeting attendees, Mr. Reader described the project feasibility study completed earlier this year by WRC Consulting Services. He highlighted the specific elements of the proposed project, including realignment of Back Bay Drive, habitat restoration, removal of invasive exotic species, modification of an access road. for sewer maintenance, water quality improvement, and facilities for education and interpretation. Additionally, Mr. Reader indicated that mitigation measures incorporated into the project will prevent negative impacts on the environment and that overall the project will serve to enhance the environment. QUESTIONS AND CONCERNS OF MEETING ATTENDEES The meeting continued with attendees asking questions about the plan and providing input regarding specific issues of potential concern. In general, questions were focused on clarifying specific aspects of the plan. Clarification questions were answered primarily by Mr. Reader and Mr. Kiff, who occasional requested that project consulting team members provide additional information related to their specific areas of technical expertise. Issues of concern generally served to initiate discussions between and among meeting attendees and City representatives. During these open discussions, Mr. Kiff ensured that all attendees were provided with speaking opportunities by requesting that attendees raise their hands and be recognized to speak one -at -a- time. As the group discussed environmental mitigation measures, Mr. Jack Keating — of the Newport Bay Naturalists and Friends (NBNF) — addressed the group and stated that the NBNF has been involved with the planning process and has a favorable opinion of the project. Following Mr. Keating's remarks, the meeting continued with further questions and additional discussion. The overall level of interaction during this portion of the meeting was very productive and the group was reminded to use the City web site or call Mr. Kiff s office to provide comments and raise issues regarding the plan during the public comment period. Questions asked for clarification of the project during the meeting, and issues of concern identified, are summarized below in separate sections. Questions and issues have been paraphrased for summary purposes when more than one attendee asked questions or raised concerns about the same or similar topic. Issues of Concern: Need for educational and interpretation facilities — several attendees expressed a concern that facilities were not needed at Big Canyon because other facilities currently exist around the Bay (for example, the Peter and Mary Muth Interpretive Center). Much of the concern was focused on the need for the planned amphitheater. Attendees also expressed concern that the planned seating capacity of the amphitheater is larger than necessary. • Hours of operation — issues related to planned hours of operation and controlling access to the park were raised. Several attendees questioned the need for Back Bay Drive to be open after dark, primarily due to noise concerns, but also as a means of limiting access to the park to planned hours of operation. • Unplanned or nuisance uses of park facilities — several attendees expressed concerns that the proposed amphitheater would be used for activities that are noisy, incompatible with project goals, or generally a nuisance to the surrounding community. This concern was primarily focused on evening and after -dark hours. Noise related to park use — attendees expressed concerns that the realignment of Back Bay Drive would result in increased noise from vehicular traffic. Attendees also Big Carryon Creek Restoration Project Phase 11 Notice of intent to Adopt MND Meeting Minutes Page 2 expressed concerns that the planned uses of educational and interpretive facilities would result in greater noise levels than under current conditions. The potential for increased noise related to sewer maintenance was also expressed as a concern. Negative impacts to birds and other animals in Big Canyon — several attendees voiced concerns about project construction displacing or negatively impacting animals. An attendee asked if the Audubon Society had been contacted about impacts to birds. Others expressed concerns that coyotes and bobcats might be impacted. Erosion related to removal of invasive exotic vegetation — attendees were concerned that removal of vegetation in steep areas of the canyon near home might result in increased erosion problems. Ouestions: • Will Back Bay Drive be moved from the current location? • What will happen to the existing freshwater pond? • Will access from Jamboree Road be limited to sewer maintenance vehicles and pedestrians? • Will buses be using Back Bay Drive after it is moved? • Does the County own any of the land? • Will the County be involved in construction? • What will be the hours of operation? • What will happen to the existing parking lot? • Does the project include Shellmaker Island? • Will educational use of the park by the Inside the Outdoors program increase? • Is financial help available for removing Brazilian pepper trees from private homes? • How will the project be funded? • What is the schedule for project construction? • Will concrete be used to construct the amphitheater? • How will the project affect the watershed and water quality? Big Canyon Creek Restoration Project Phase II Notice of Intent to Adopt WIND Meeting Minutes Page 3 • Will groundwater continue to get into the canyon? • Will the plan do anything about problems with dog waste in the park? • Is anything going to be done about removing dead pampas grass in the park? CONCLUSION After meeting participants finished asking questions and discussing issues of concern, Mr. Kiff provided concluding remarks and the meeting was adjourned. Big Canyon Creek Restoration Project Phase 11 Notice of Intent to Adopt MND Meeting Minutes Page 4 EXHIBIT 3 Response to Public Comments Big Canyon Restoration Project Mitigated Negative Declaration Public Comment and Response Chronology and Table of Contents DATE COMMENTIRESPONSE SYNOPSIS STATUS PAGE Comment Cow Meerd Nary Gardr�r commented via email 7/14107 on maintenance issues related sediment removal from the upper pond and possible damage th plods as a result of maintenance. Comment 1 Response: Mr. Mark Read (Public Works Department) responded 7/17107 via email on July 17, 2007 by outlining the sedarrert maintenance Addressed plans for the proposed project. 7!17/07 Folknw up: Council Member Nancy Gardner aeknovAedged the response via email on July 17, 2007 Comment Council Member Nancy Gardner conri enthd at the City 7/24/07 Council Study Session on ftwiritanance issues related to sediment removal and testing of sediment characteristics. Comment Addressed 4 Response: Dr. Lan Weber (WRC Cog ) responded 7/24107 that a maintenance manual will be prepared as pmt of the proposed project 7/24M7 Comment Council Member Nancy Gardner commented at the City Council Study Session on the design of the Proposed amphitheater. Comment Addressed 4 Response: Dr. tan Weber (WRC Consulting Services) responded 7/24107 that the amphitheater will be designed to blend visually with the surroundings and will use grass be[r the concrete sects. Comment Council Member Leslie Daigle commented at the City 7/24107 Council Study Session on the use of the proposed amphitheater and to City's involvement in coordinating use. Response: Assistant City Manager Dave Krff responded that the Orange County Department of Education is expected to be the most Addressed 4 frequent user of the ampfhitheater. Assistant City Manager Kiff also 7/24/07 stated that the City will keep track of tie amphitheater use schedule and that the City may want to enter into an agreement with the Orange County Depaztinerit of Education to deal with any issues ttrat arise. 7/24107 Comment Council Member Leslie Daigle commented at the City Council Study Session on the introduction of new plant species. Comment Addressed 4 7!24/07 Response- Lan Weber (WRC Consulting Services) responded that native species will be used to replace invasive species. DATE COMMENTfRESPONSE SYNOPSIS STATUS PAGE Comment Council Member Don Webb commented at the City 724107 Council Study Session on drainage control and the potential for damage to Back Bay Drive. 4 Response: Dr. Lan Weber (WRC Consulting Services) responded 724107 that a project objective is to protect Bic Bay Drive from damage and Comment that the level of protection will ultimately, depend on hxxling Addressed availability. Folbw -up Response Mr. Mark Reader (Pubes Works Department) 8007 emailed a more detailed follow -up response to Council Member Don 6 Webb an August 2, 2007 724107 Comment Council Member Keith Curry commented at the City Council Study Session on the sources of funding for the project. Comment Addressed 4 Response: Assistant City Manager Dave lGff responded by 724 /07 identifying the funding sources, including state agencies, the City, and The Irvine Company. Comment Maya Pro Tem Edward Selich commented at the City 724 /07 Council Study Session on the process of obtaining funding for the projea Comment 4 Response: Assistant City Manager Dave Kill responded that funding agencies will be approached after constructor cost esbmates are Addressed 724 107 prepared.. He continued that the project will be designed so that certain elements can be deferred if funding is not available and that the City is not expected to pay for improvement costs that exceed budgets. 724107 Comment Council Member Keith Curry camrerted at the City Council Study Session on the expected project cost. Comment 4 Response: Assistant City Manager Dave Koff responded that the 724 /07 estimated cost of the project is $8 to $10 million. He eonti.nued that the State has supported the project in the past and recently passed a $5.2 billion bond measure. 724107 Comment City Manager Horner Bludau commented at the City Council Study Session on baft and pedestnanh safety. Comment 4 Response: Dr. Lan Weber (WRC Consulting Services) responded that the legal speed fa vehicles can be limited and that stop signs Addressed 724/07 can be installed. Assistant City Manager Dave Kiff responded that it is possible to widen the road except in the mudtat areas and a pedestrian lane could be considered for safety reasons. Comment: Ms. Patricia Krone commented at the City Council Study 7/24107 Session on how additional people in the area will affect her Garment 5 neighborhood. Addressed COMMENTIRESPONSE SYNOPSIS Assistant City Manager Dave Kiff responded that project does not iriclude a new paved public road or an increase in public access. He continued by stating that all of the trails e already existing. WAI El- .\L • n - L. r rr 1 \. r-• i .YI i! - � • �Y • ii �• 1 - ` •,• ate. >• ' I 1 .I • -Ja-1 is f - - IL \ '15: • Y _I 1 1 "+ \_ Cn r. f :1 I I, rA FFN -.. -e- f � �1 I - �-. • .Y 14 f 4� - :Y is I f f �.r. �I r. Y- •r•t 4 IA Response: Gornmentacknowledged. Ealorcerneryt of rules governing park access and noise levels is outside the Scope of the proposed • • however, the YY' • make any appropriate enforcement changes if necessary the Uwe. Comment; Mr. Milliard MacAdam (President Bluffs Homeowners 1. 1 _ • Dave • the • erf exofic plans • coricem Canyori, the fttance of potential negative effect of the exotic plants and potential funding sources for the removal of exotic plants on private • •!- IV COMMENTIRESPONSE SYNOPSIS providing a list of plants of concern. Points of contact for additional provided- Follow-up Response Mr Mark Reader D. (Public .. Department) 1 emaded _ more detailed list orf . plants and associated f . r- ha. • negafiveeffiact 1 Comment Mr. Greg Holmes Substances r t • nr- addressed v Mr. Mark Reader (Public Works Department) commented about currentiffifstoric land •. 1 use in the project area t1rat may haw cr in hazardous wasWsubstance releases; offsite disposal orf scid; procedures necessary ff contaminated soWgroundwater is encountered during construction; and other environmental ftclors. r Response Historical land use in Big Canyon has been evaluated through file review of historic aerial ptiotographs maps and other perbnerd documents. Additionally, limited sampling aid analysis orf dredge rroterials present at Um site has been perlonned. No conditicins associated with the release of hazardous waste or hazardous substances haw been ideritilied. Sol excavated during tr � I .« • 'r ♦ � he.�ar • � r - r _ « a - • _'Y f. r _: r 1 .'i „•.♦ t r.:. - \ cr . rr r �i •+r.' •r' r r _. 1•:. Comment Ms. Diana Blaisure via a letter addressed to Council Member I esl Daigle commented on the potential for increased noise; IW[ure of vehicles to observe, speed limits; the rationale for the proposed c. a , 1 .- - .r.a c:r or .r- uses of proposed facilities, loss of habitat mid other factors. Response: Big Canyon wig continue to be a nature park and the project is riot intended to increase park usage or change its 1 character Enforcement orf rules governing park access and noise levels is outside the scope orf the proposed project however, the City could make any appropriate enforcement changes if necessary in Um 'lbirnal written response forthcoming. r • .v a r 'mac. r r - '♦ Ali •nf c.•A•f 1 - • rf �« « or •r: -ter «_ IV DATE I COMMENTIRESPONSE SYNOPSIS I STATUS I PAGE . -.r Comment: Mr. Greg Gauthier (State Coastal Conservancy) via email commented ghat he reviewed the RAND documents ttrorougtdy and arl=7 does not have comments_ However, Mr. Gauthier indicated that tie observed some typographical errors. Additionally, tie stated that the National Oceanic & Ahnospheric Administration (NOAA) indicated Addressed 24 ttrat grey have no comments on the documents. ..« ..., ... .. From: M E Reader [mereader48@sbcglobal.net] Sent: Tue 7/17/2007 9:34 AM To: Nancy Gardner cc Robert Stein Subject: Big Canyon Creek Project Attachments: Councilwoman Gardner, I am assisting Bob Stein with the Big Canyon Creek Restoration project and wanted to respond to the email you sent to Bob on July 14th. In terms of sediment removal, maintenance roads are planned to access the upper and lower freshwater pond areas so that equipment can operate for removals of sediment. In terms of possible damage to plants due to sediment removals... the plantings are proposed along the banks of the fresh water ponds. The deeper areas of the ponds where sediments would coiled are proposed as open water habitats. Eventually cattails Could grow in these areas and hence would be removed with sediment removals, but the removals of these plant species would be Incidental to the project If I can be of any further assistance please let me know. Mark Reader Project Manager Public Works Department City of Newport Beach Any Q's call 94943815260 Exhibit 2, Page 1 From: Gardnemcy@aol.com [C,ardnerncy @aol.mm] Sent: Tue 7/17/2007 12:14 PM To: mereader48@sbcglobal.net Cc: Subject: Re: Big Canyon Creek Project Attachments: Thanks, Mark. It looks like a terrific project, and I'm glad to see that maintenance is built in up front. Nancy Gardner Exhibft 2, Page 2 Lan W From: Don Webb [don2webb@earthlink.net] Sent: Thu 8/2/2007 8:31 PM To: M E Reader Cc: Subject: Re: Big Canyon Creek Restoration Attachments: Mark I will be out of town until Aug 19 and would like to discuss thee5e items after then. Don Webb - -Original Message-'-- - From: M E Reader Serer Aug 2, 2007 2:52 PM To: Dior Webb Cc Steve Badum , Robert Stein Subject g8 Carryon Creek Restoration Councilman Webb, During the city council study session you had several questions regarding the project. Although I believe we had answered most of your questions, due to time limitations it was agreed that I would contact you to discuss the hydrology and the 90 degree turn at the beginning of the re- aligned back bay drive. During the meeting it was discussed that new culverts are proposed under the re- aligned Back Bay drive to accommodate a 100 year frequency storm and provide an all weather access across the mouth of Big Canyon. These culverts will also aid in the movement of water to create the tidal marsh. We also discussed the culverts crossing the middle service road will accommodate about 50 cis and during storm events with higher flows, the road crossing will act as an Arimna crossing as it does now and has for many years. This configuration will help to create the backup of water from the dry weather flows to create the proposed upper and lower freshwater ponds. You were concerned with how the improvements planned for the restoration project would be affected by a major storm event. I would like to point out that the 100 year flood plain limits have been mapped for this project by WRC consulting. The interpretive area which includes the parking lot and amphitheater is located outside the 100 year floodplain and therefore should not be impacted by a major storm event. The water quality elements such as the upper and lower pond and fresh water marsh are within the limits of the 100 year floodplain and are subject to the damages which would occur during a major storm event. The mid service road crossing and Back Bay Drive are designed to handle the 100 year flows, approximately 23,000 cis, but the water quality elements are designed.for low flows up to 1,000 cis. The ponds could become completely filled with sediments after a major storm event. It should be noted that maintenance roads and turnarounds are planned to remove the sediments from the ponds when this occurs under normal circumstances. Various grant money will be available to help construct the project but at this time since the project is still within the conceptual planning stage, proposed maintenance costs and who will pay for the ongoing maintenance of the project is still yet to be determined. In temps of the 90 degree bend from the existing Back Bay Drive to the proposed re- aligned roadway, the centerline radius is approximately 150 feet. There are some radius on the existing roadway which are less than 100 feet and seem to accommodate vehicle travel at the posted speed limit of 15 mph, The traffic department has reviewed the alignment and currently we have asked the consultant to analyze the roadway configuration for bus turning movements, especially near the connections to the interpretive area. I hope this answers your concerns and if need be I would be happy to meet with you in person to discuss this project further. Mark Reader Project Manager Public Works Department City of Newport Beach Any Q's call 949- 981.5260 Exhibit 2, Page 6 From: M E Reader [mereader48@sbcglobal.net] Sent: Mon 8/20/2007 12:02 PM To: tan Weber Cc: Dave Kiff Subject: Public Comment Attachments: Lan, Here is another Item to add to the public comments. On July 24th at the City Council Study Session, Patricia Krone had concerns about the relocated Back Bay Drive and proximity to her property. She also had concerns about the trails and their proximity to her property. On July 31st, Dave Kiff and Mark Reader met Ms. Krone at her home located at 835 Amigos Way no.4. It was determined that when viewing Big Canyon Creek from Ms. Krones balcony that her property was quite a distance away from the proposed interpretive center. Ms. Krone was also advised that the extension of the OCSD maintenance road along Jamboree would limit vehicle traffic to maintenance vehicles and the fire department. The Public would not have access to driving on the exisidng or proposed maintenance roads. Mark Reader Project Manager Public Works Department City of Newport Beach Any Q's call 94949615260 Exhibit 2, From: Kiff, Dave [DKiff @city.newport- beach.ca.us] Sent: Thu 8/2/2007 2:43 PM To: memader48@sbcglobal.net cc: Subject: FW: Big Canyon project . Attachments: Comments for the MND. Fran: Bob Olds [mailto:rbolds@pacbell.net] Sent: Thursday, August 02, 2007 2:14 PM To: IOff, Dave Cc: Daigle, Leslie Subject: Big Canyon project Dave: Many thanks for your informative presentation last evening With one exception I am very comfortable with the overall project. That exception is the potential for night time noise, thus hope some restriction or curfew can be placed on night time traffic and activity. Of those who commented on this issue last evening, Barry Wallace (with the LA ballcap) and I live on lower Vista Bonita and are in the closest homes on the North side of the canyon to the relocated section of Back Bay Drive, and the relocated parking (although the Park Newport apamnents on the South side appear closest). In finalizing the project please endeavor to preclude traffic and activity that will disturb the night time tranquility that we currently enjoy Again, thanks for your presentation. Bob Olds, 641 Vista Bonita, NB, 949- 720 -9111 Exhibit 2, Page 8 From: kff, Dave [DIOff@city.newport- beach.cams] Sent: Fri 8/10/2007 10:03 AM To: MarAdam@PALConsulting.net Cc: mereader48@sbcglobal.net; Dennis Baker Subject: RE: List of Exotic Plants Attachments: Hi Mr. MacAdam The plants of concern are in the feasibility study. It starts around page 38 of this document: httpl[www.city.newport -beach p. usjCMOJB igCanyonCreek/Main_Body.pdf I'll ask Mark Reader of our Public Works department to help connect you to the biologists who can advise you as to distancing. Distance is one factor, but so is a watercourse (storm drain) that would move a seed a lot faster than wind would. Finally, I have asked Dennis Baker of the NB Naturalists and Friends to help give us some ideas about grant opportunties. More later, and I apologize that you had to e-mail me twice. Dave - -- -Original Message---- - From: Millard MacAdam [mai- ftmaca..dam@palconsulting, net] Sent: Friday, August 10, 2007 9:08 AM To: Klff, Dave Subject: List of Exotic Plants Dave, I need a list of the exotic plants of concern to the Big Canyon Creek Project. I want our Association to begin identifying and mapping these plants that are on our property adjacent to the project and back bay bluffs. Would you please send me a list of those plants? Also, please give me some direction as to how far away from the canyon these plants are a detriment to the project. In addition, do you have any information or suggestions as to where to start to obtain a grant or funds for removal and replacement. Millard MacAdam President, Bluffs Homeowners Community Association Exhibit 2, Page 9 From: Mark Reader [mereader48 @sbcglobal.net] Sent: Tue 8/21/2007 2:12 PM To: Lan Weber Cc: Subject: FW: Fwd: Follow Through Attachments: Keeping you in the loop ­-Original Message---- - From: KEATING @pacbell.net [ma lto;KEATING @pacbell._net] Sent: Tuesday, August 21, 2007 1:49 PM To: M E Reader Cc: Millard MacAdam Subject: Re: Fwd: Follow Through Thanks, Mark The recommendations from Margot are very helpful. I'll get will Millard next week and we'll figure out what we need for his Board presentation and how to proceed on grants necessary to get the job done. Thanks again. Jack - -- Original Message - -- From: M E Reader <mereader48 @sbcglobal.net> To: John Keating <keating @pacbell.net> CC: Millard MacAdam <macadam @palconsulting.net> Subject: Re: Fwd: Follow Through >John, > =20 > Here are the recommendations from Margot Griswold with Earthworks >resto= ration > We recommend replacing the Brazilian pepper trees, myoporum and >acacia = shrubs with the following plants that are easy to purchase and >easy to gr= >ow: > =20 > 1) Toyon (Heteromeles arbutifolia): a native species that is >relativel= y fast growing. This plant maybe pruned to a tree shape or a >multi -trunk = tree and grows to 15- 20 feet. It may also be left to >grow as a wide shru= b 8 - 15 feet high and as wide. This plant has >several attractive feature= s, mainly t is evergreen and makes a good >screen, It has showy red berrie= s covering it in winter from December >through February. And it is very ha= rdy and almost foolproof. =20 =20 > 2) Bottlebrush (Callistemon citrinus): a non native species that > grows= to 15 -25 feet as a tree or 12 feet as a shrub. this species is >a common= screening plant With showy red flowers most of the year. It >is attractiv= a to hummingbirds. This is a foolproof plant to grow, and >it also grows r= elatively fast. =20 Exhibit 2, Page 10 > 3) Cape Honeysuckle (Tecomaria capensis): a fast growing shrub with a >v= ining habit. It grows to 8 - 12 feet high and 10 - 15 feet wide. It >has o= range tubular flowers from fall through winter. This species is >part of t= he landscaping above Big Canyon. > =20 > In terms of pictures needed for a presentation, these are not a part >of= the feasibility report > I did find some pictures on the internet of the recommended plant >speci= es. I have asked the city print shop to scan the color photos to >create a= .pdf which could be inserted into a power point >presentation. The city p= rint shop can get buried with other business >and I expect to recieve some= thing this afternoon and will forward to >you once I recieve. > I might suggest as a backup to search these plant names on the internet= > and you should find pictures suitable for your presentation. > =20 > Let me know if I can be of any further assistance > =20 > =20 > =20 >John Keating ¢keatng @pacbell.net> wrote: > Hi Mark, =20 > I spoke to Millard after our meeting last Wednesday. This message >from= him is encouraging as it appears the Bluffs HOA is willing to >work towar= d removing exotics from there property as we move forward >with the Big Ca= nyon project. =20 > In order to address his needs for information and pictures for his >pres= entation on August 22nd, we'll need to work closely together. >Would it b= a appropriate to ask Gordon Bailentine to respond to >Millard's specific q= uestions? Perhaps you could ask Gordon to >provide the listing of the nat= ive species we will use and the >invasive species that will be removed fro= m the area. I would expect >the pictures he needs for his presentation ar= a available as part of >the WRC Feasibility Report. Perhaps we could emai= I a few to Millard. > =20 > I will work with Millard to help him on the grant writing for HOA >fun= ding. Also, I'll discuss this with our UNB Restoration Team, >meeting tom= orrow. The Team is interested in working with HOA's >adjacent to the Bay = to help them find creative ways of removing the > exotics. =20 > Thanks, > =20 > Jack > I =20 > =20 > Begin forwarded message: • From: "Millard MacAdam" ¢macadam @palconsulting.net> • Date: August 5, 2007 4:11:03 PM PDT • To: keating @pacbell.net • Subject: Follow Through Exhmh a, n > Reply -To: MatAdam @PALConsulting.net > =20 > I appreciated receiving the information enjoyed meeting you and > learning more about the Big Canyon Nature Park enhancement efforts. > =20 > As President of the Bluffs Homeowners Community Association and > Chairperson of our Landscape Advisory Committee, I want to do all I > can to facilitate cooperation between our association and all > agencies and organizations working together on this effort. > =20 > If I =92m to be of help in a timely way, my immediate needs are to > have a list of the invasive species of concern and the native species > being proposed to replace them when removed. =20 > I also need a few jpg picture Ries sent to me which I can use in a > PowerPoint presentation I =9211 be doing on August 22nd as part of my > Landscape Committee Report to the Board. =20 > Lastly, any guidance and direction you can give me in applying for > funds to remove the invasive species from specifically identified > areas of our Association property which impact the Big Canyon Nature > Park is critical. I will need to have located for me to photograph > what needs to be removed and have pictures of what the trees and > plants removed will be replaced with. > =20 > If a walk around of our property is appropriate, I =9211 be glad to > schedule a time to do it. =20 > Regards, > =20 > Millard Mac4dam > President, Bluffs Homeowners Community Association > =20 > =20 >Mark Reader > Project Manager > Public Works Department > City of Newport Beach > =20 > Any Q's call 949 - 981 -5260 > =20 > =20 Exhibit 2. Page 12 Department of Toxic Substances Control Maureen F. Gorsen, Director Uxia S. Adam 5796.Corporate Avenue " for Cypress, California 0WM EmA e ram W Protection . August 14, 2007 �4 Arnold SchmrmnegM Grniemor Mr.. Mark Reader. City of Newport Beach, Planning Department 3306 Newport Bodlbv4rd Newport, California 92663 INITIAL STUDY AND NEGATIVE DECLARATION (ND) FOR BIG CANYON CREEK RESTORATION (SCH# 2007071081) Dear Mr. Reader: . The Department of Toxic Substances Control (DTSC) has received your submitted document for the above - mentioned project.. As stated in your.documeni: 'Big Canyon is the only natural, undeveloped portion of the Big Canyon Watershed and only significant remaining natural canyon on the east side of Newport Bay. This project will restore the tidal marsh by removing about 65,060 cubic yards and create about 7.9 acres of vegetated and non - vegetated salt marsh habitats.. Bade Bay Drive will be realigned in- land out of the Historical tidal inundation boundary. The new road alignment will follow the existing maintenance road and trail dike and will increase in length from 1000 to 1500 feet. The existing freshwater marsh will be modified to a tansiiionai marsh complex that supports a more diverse community of native wetlands plants. Two freshwater ponds are planned as habitat areas. and elements of the water quality Improvement design. Another freshwater pond wil[provide a sediment management function. Invasive plants will be removed and the area replanted with native species ". Based on the review of the submitted document DTSC has the following comments: 1) 2) 3) The ND should identify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. The document states that the ND would identify any known or potentially contaminated sites within the proposed project area.. The ND should identify the mechanism to initiate any required investigation and /or rernediation for any site that may be contaminated, and the government 9 Printed on ReWded Paper Mr. Mark Reader August 14,.2007 Page 2 agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted . to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated., It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate_ threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. 4) . The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated; properly dispose of it rather than placing it in another location_ Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have beery, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during constructlon/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procures should be implemented. If it is determined that contaminated.soll and/or groundwater exist, the NO should identify how any required investigation and/or remedlation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If weed abatement occurred, onsite soils may contain herbicide residue. if so, proper investigation arm remedial actions, if necessary, should be conducted at the site prior to construction of the project. Exhibit 2, Page 14 Mr. Mark Reader August 14, 2007 Page 3 If you have any questions regarding this letter, please contact Mr. Al Shami, Project . Manager, at (714) 484 -5472 or °ashami@DTSC.ca.god'. Sincerely, i Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Govemor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, Calffomia 95812 -3044 Mr. Guenther W. Moskat, Chief Planning and Environmental. Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812 -0806 CEQA #1763 Exhibit 2, Page 15 Diana Tenn Blaisure 1972 San Bruno Newport Beach, CA 92660 8 -15 -07 August 15, 2007 I II: � j,L4Y, o i� :y fl 11 Subject: Proposed Big Canyon Nature Park Dear Councilmember Daigle: I appreciate the opportunity to review and comment on the proposed improvements to the Big Canyon Creek area. As a resident of the Bluffs, a member ofthe Bhrffi Lane Committee, a member of the Friends ofNewport Back Bay and a recently mtaed city planner, I being a special perspective to my pia in this process. Improvements to the Big Canyon area are greatly needed and, in general, I supportthe Proposed program. Subsequent to my mince at the July 24, 2007 presentation to Cry Council, the August 1, 2007 community meeting at the Bluffs and review of both the feau%Mty study and the mitigated negative declaration, the Mewing comnwals are pmwnMd for your review and consideration: !. necessAY ofixm9rog Back Road .1 • !1 the homes e: n apartments 131 ring Canyon in 1 p r1 II[�r'. , and 4P:11', habitat taM ". IY \ and Supported. What is not understood II the proposed ose mitigation measures and improvernents is that proximity of the proposed \se glint n will exacerbate ensting conditions. Teenagm 4 andymmg / /a ot ' 1- I y' John Airport r:;.se Rights i l-' r i ! I: c, prominent. n r- r a ) 77teproposedlOqM4wedhmtzsmtbawdonreday CurrentlymostwinciesdoWt ,.r comply 1 1 the current °r : :+ larrut of uu r OvertitepastlOyearsofwallang along rr :c Drive at •:I .t times ofd: ofday and on both .. ,.: and weekends, I can aftest to the fict that most drivers ,.; no attention to the posted speed limit, n , 1 •_ the bus drivers who transport Ir.' children for the "Inside the outdoors" programs. Ao, on weekend evcmiags, none ofthe tmnagers and young :a r ;r: are concerned with the posted speed limit. Copy Dave Kit City Project Planer MMlard MwAdama, Bhd s HOA President - Board of Diredms Page I Exhibit 2, Page 16 Diana Tenn Blaisure 1972 San Bruno Newport Beach, CA 92660 9 -15 -07 2. Relocation of the 35 -space Parking Lot. (a) Again, as with realignment ofBack Bay Road, it is understood that the existing parlfrrg lot will be relocated, and like the Road, that relocation borings it closer to the homes and apartments. And again, the issue of teenagers and young adults who use the parking lot as a hang out, in particular on weekend evenings, will measurably increase noise msplac& to the adjacent residents. I can attest to evidence on a Saturday, Sunday or Monday turning of the previous nights activity m the parking lot_ food, food containers, bear cams and used condoms. For nine years I regularly walked through that area between 6:30 and 7:06 AM on weekday mornings prior to going to work. 3. Amphitheater (a) White relocation ofthe Road and parking lot are understood as necessary, a 100 -seat amphitheater is not neceesmy. It is understood that the "Inside the Outdoors" program director (employee oftbe Orange County Board of Education) has requested the amphitheater. No consideration, however, has been given to the anyAirheaier being an attractive nuisance. For the teenagers and young adults who hangout in the existing parking lot, the amphitheater will be even more attractive for clandestine parties, etc. The amphitheater will certainty attract more young people than the parking lot does now. The noise will measurably impact the adjacent residents. Currently, the children w! 1 attend the "Inside - 11" i' 1 1.1 , divided 1 into small V 1 p for Ian 11 activities and/or discussions have I' program .111 "\ years and :11f '4 pleased es 11 N: vl 1.: this opportunity. I addition, has been my impression 11 a the staff about I 1- 1 participation 11 the i' 1 u •III However, person `,'1 ' I -1 raised two children and attended 1 IIP.: 1 \ fimetions at If' II d ry schools cannot believe !.': bringing 1 t fourth =l I : into an amphitheater result in improved instruction. Between their limited attention span and the limited 1 11 , - of adults \ monitor mass instruction not 1 (c) Chaparral habitat will be lost with the installation of a 100 -seat concrete beach amphitheater. Copy: Dave Kilfy City - Project Planner Millard MacAdams, Bluffs HOA President - Board of Directors Page 2 EAU 2, Page 17 Diana Teran Blaisure 1972 San Brunc Newport Beach: CA 9266( &15-01 Mitigated Negative Declaration: Response and Recommendations 1. XI Noise c) Create a substantial permanent increase in ambient noise levels in the vicinity of the project (above levels without the project)? The MND states: "No Impact." As stated p wwusly, there wifl be an utcrease w noise teve& based on the previous$ raised issuer young adult evening activity impacts on adjacent residents inchWing the addition of the amp as an "attractive nuisance." d) Create a substantial temporary or periodic i tcrease in ambient noise levels in the vicinity of the project, in excess of noise levels existing without the project. As stated previously, there will be an increase m noise levels based on the previously raised issues: young adult evening wtivify impacts on adpzeffi residents including the addition of the amphitheater as an "attractive nuisance." Recommendattons and Mitigation Revisions • Cfose and foch the gates to Bactk Bay Drive after satrset. The games would greatly re the numbed ofteenagers and young adults in the area and would elim pate vehicle noise at night. • Eliminate the 100 -seat wnphftheater from the plan. • With the Back Bay Road gates closed and locked - an amphitheater compromise: build a 50 -seat amphitheater with logs for seating similar to the amphitheater at the Muth Interpretive Center. 2. XV Transportation/Traffic d) Contain a design feature (e.g., sharp curves or a dangerous intersection) or incompatible uses (e.g. farm equipment) that would substantially increase hazards? The MND states: "No Impact." In the " Discussion" design features such as stop signs and a 10 mph speed limit are expected to mitigate the realigned roadway. As stated previously, most drivers ignore the current 15 mph speed limit and at night this new curved Copy: Dave KifQ City - Project Planner Millard MacAdams, Bluffs HOA President - Board of Directors Page 3 Exhibit 2, Page 18 Diana Torero Blaisure 1972 San Bruno Newport Beach, CA 92660 9 -15 -07 roadway will be pad of the added "attractive nuhance "for teenagers end young adults who enM speeding along Back Bay Drive. d) Recommended mitigation revision: In addition to the stop signs near the parr ing lot that will affect some of the day time drivers and add some level of safety for pedestrians and bicyclist, close and lock the gates to Back Bap Drive at night Most drivers at night will ignore the stop signs and the 10mph speed limit in addition to those that will enjoy using that loop to test their driving skills. 1) This section of the MM creeds to clarify, as stated by the WRC consultant Len Weber, PhD at the City Council study session of July 24, 2007, that the exiling parking lot oontammg 35 parking spaces mrluding two bus parking spaces wilt be drapficafed in the proposed location outside of the Mal wetlands. Mitigation Addendum: Sisaaee for dog owners As noted at the community meeting on Wednesday, August 1, 2007, many people allow their dogs to run lose in the Big Canyon area and also to defiesate any where the dog chooses. If you walk the trail down from the edge of the Bluffs property and into the Canyon there is a lot of evidence of people not picking up after their dogs. An important addition to the Big Carryon Creek Park improvements would be installation ofskwW 1hr Clog owners regarding: no dogs off leask mice of City and SAitefnewfordogsojfksash Concluding SSS) andpicknsg up dogstooi. Also, place several dispensers of plasde bags for stool colledion and trashcans in the new park and a sign, dispenser and trashcan at the trailhead adjacent to the Bluffs property line. We all want the to improve Back Bay habitat, educational opportunities and recreation for residents and visitors. The above comments and recommendations have been submitted with that goal in mind. Sincerely, Duns Teran Blwsure fd* nwptb@pacbell.netj Copy: Dave KilX City - Project Planner Millard MacAdams, Bluffs HOA President - Board of Directors Page 4 �~ h !u 4 STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH '. STATE Cf EARiNGHOUSE AND PIANNIM UNIT. August 16, 2067 CtTT1 MBRYANT The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state. agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document The review period closed on August 15, 2007, and the comments from the responding agency (ies) is ( are) enclosed. If this comment package is not in order, Ply notify the State Cteermghnuge fly. Please reefer to the project's hen -digit State Clearinghouse number in future correspondence so that we may respond promptly. Plum note that Section 21104(c) of the California Public Resources Code dies that "A responsible or otter public agency shall only mater substantive camincnffi regarding those activities involved in a project which are within an area of expertise of the agency . or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These Comments are forwarded for use in preparing your final environmental doc®mt Should you need more information or clarification of the enclosed comments, we recommend that you contact the, commenting agency directly., This letter acknowledges that you, have complied with the State Clearinghouse review requirements for draft environmental documents, Pursuant to the California Envsonmental Quality Act Please contact the State . Clearinghouse. at (916) 445 -6613 if you have any questions regarding the environmental review process. Sincerely, Terry Roberts .. Director, State Clearinghouse Enclosures cc: Resources Agency, 140010th Street P.O. Sox 3044 Sacramento, California 95812 -3044 (916) 445 -0613 FAX(916)323-3018 www.oprca.gov . Exhibit 2. Page 20 Document Details Report State Clearinghouse Data Base SCH# 2007071081 Project 77ge Big Carryon Creak Restoration Lead Agency . Newport Beach, Cky of Type. MN MUgated Negative Declaration Description D Big Carryon is the only natural, undeveloped portion of the Egg Canyon Creek Watershed and the only significant remaining natural carryon on the east side of Newport Bay. This project will restore the tidal marsh by removing about 05,D00 cubic. yards and create abort 7.9 acres of vegetated and non- vegetated salt marsh habitats. Back Bay Drive will be realigned inland out of the historical tidal Inundation boundary. The new. road alignment will follow the ewsting maintenance road and trail dike and will increase in length from 1090 to 1500 feet. The existing freshwater marsh will be nuxified to a iransitional marsh complex #tat wIU support a more diverse community of native wed plods. Two freshwater ponds are plmined as habitat areas.and aliments of the water qurgity Improvement design. Another freshwater pond will provide a.sedinent management fundFon. Invasive piers will be removed and the area replanted with native species. Lead Agency Contact Name Mark Reader Rgeary 'City of Newport Beach Phone (849) 644- 3311- Four snag Address .3300 Newport Boulevard qty Newport Beach State CA.. ZIP 92663 Project Location Comfy Orage' City Newport Beach Region Cross Streets Backbay Drive and Jamboree Road -Parcel Ala 440-092-78,440-132-35, 440 -092.75 Township Range Section Base Proximity to: %Wwiays . 1 Airports Railways Waterways, Big Carryon Creek. Newport Bay . Sehoois Comm del Mar No school Land Use Open Space I Open Space Active ! Open Space (0.S) Project Issues . AesMedcAlisual; Agricultural Land; Air Quality; Archaeologlo•Historic; Biological Resources; Coastal Zone; DratnagaAbsorpdw. Flood Pla n/FWoding; Geobgiclselsmkc tarduse; Nfarereis; Noise;. PopulatiordHousing Balance; Public Services; Recreation/Parks; soil EmaionlCompaclion/Grading; To*Mazardous; TratliclCiroulation; Vegetation; Water Quality Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agendas and Game, Region 5; Of0ce of Kistoric Preservation; Department of Parks snd Recreatlorr Department of Wad Resources; California fthway Patrol; Cairene, District 12; Regional Water Quality Control Board, Region 8; Depafinent of Toxic substances Control; Native Ame dean Heritage Commission Date Received 07/17/2007 Start of Review 07117=07. 1 End of Review 06!1512007 Note: Blanks in data fields result from Insufficient information provided by NATIVE AMERICAN HERITAGE COMMISSION OU OPPrr0r. MAU , ROOM 3e4 . &4C RAS®rrq rA sm4 a6)tpueesr-8119n wresrmexv. emslk ds� Auguste, 2007 Re: Dear Mr. Reader. RECEIVED AUG .0 9 2007 is/is IQ( STATE CtE 4RING HOUSE e The Native Resources. A Com awn a #0 alaha's Trustee Agency for Nave American Culture adverse kl the of err historical aft Ad (CEQA) sWHO that any project that causes a substantial. effect' regrdragi the preparation of an Envim,nmerttal I UsR in (EJRs a §bXOj in Import Rt�ort (EIFZ) per CEt]A guide6rtfs § 15064.5(bj(c). In . order to comply with this prevision, the lead agency (e.g. the.Cily of San Diego) Is required In seem whetherthe. pno d wit have an adverse Irrupamd on these reeamcea within the *area of poterdaf effect (APEy, and i so, to mifigate that ~ To adequately assess the profi fed impacts on Nabftd amouam s the Commission recommends' the foicwhtg action .t Cmrbctfhe appmprOW CW"nb "BtOtic Rmm ces k t mm9an Cantsf (CHM). Corrfad inlbrmdion tax the Inlormatiar Cerdsr nearestyo i is available from the Stabs OfRce of tiatoric Preservafimf W6AW- 7778)1 h to f/nrww. one .DBFk9.MLMV110gaMimflGY,WRostar odf The record search will determine: • ' is pmt or the enure APE his been previously surveyed for cudbual resourcrc e$. • If airy latomn OdbEW resources have shreacly been recorded in or a*icenl to the APE. • If the probability is law, moderate, or twO that criturd resources are bceted m the APE_ • . If a survey is required to deteard ne whssineir previously unracarded cultural resources are present J if an Ombnedogicad ftwenicity sum is regtirart, the Inal stage a the preperathn of a praFessioned report deTaaing the findings and of t to records aaerch and field surrey. • The Inal report containing afttrams,siteawe.and aufflastim mss should be submitted imamediM* In the Planning depermerd. AN Intbrmstion regards e16a locations„ Nava.Amedcan human mfusnu , and s funerary d4acls skid be in a separate confidenfialladderadurn. and not be made .. evadable for pubic dsdosure. • . The final written report should be submitted wthn 3 months after work has been competed to the appropriate regiawl asdiaeohogical Adwnudlon Center. J Contadth a Native Ammicari Fps Commission (NRI -iC) for A Sa ad Lands Fib (SlF) search ofthe project aras.anrd odommfiOn on Mast coFdWb in the project riartgr that may taus adder steed resounw hdwrnisico. Please proridb ilia o�ewtii Una togowirng . atafion tbrrnat m assist with the sacred Lands Re search rer$raat LISGS 7 5-rri uk muadrascie citation with Hares. tovmablix ranee and sewn: . • . The NAHC advkm ft use of Nave American Monitors to endure properidenhTwation and care given aAturei resources that may be discovered. The NAHC mconmsmde that contact be mode with ContaftonthemOmbed In gs t Usk bW tau poierdiai project impart (APEj. In some anises, the ebspance of a Native Amerman culture! resources may be knmm only to a beat bbe(s). J Lack of smaface evince of ardneobgical resources close not predwie their subsnfma e». • Lead agencemshouid irnckde fn Uric' min plan provisions for ire ikon and svalua6mr of may d ecmwed arcdedogicaf mmum s, Per Caf m= Em4mr menbl QuaRyAct (CEQA) $75064.5 (f) In areas of ickartified Hirdamologleal seer, a coed arrhaeobgat and a mussily afinded Native American, wdh browledge fn cmiesal raeouees, shout monitor ati - diehebirp adyfilea. • Lead agencies should include In thek mitigation plan provisions fur the deposition of recovered artifacts, in consultation vwth culturally affibtad Native Americans_ J Lead agencies should include provisiene for discovery of Nave American hursn remafrs or unmarked cemeteries in their mitigallon plans. CEQA Guidelines Section 15054.5(d) regress the lead agency to work with the Native AnwHicans identified by this Commission I the fmtial Study identifies the presence or likely presence of Nave American human remains % in the APE. CEQA GrkkIdnea provide for agreemenla wfih Native American, Identified by the Exhibit 2, Page 22 Exhibit 2, Page 23 From: Greg Gauthier [ggauthier@scwrp.org] Sent: Thu 8/23/2007 1:03 PM To: Lan Weber; dkifftcity.newport- beach.ca.us CC: Subject: Big Canyon Attachments: Lan and Dave, I heard back from NOAA and they have no additional comments on the plan or the mitigated nag dec. I also had a chance to read the documents thoroughly and have no additional comments at this time. There are some spelling /grammatical errors in the mitigated nag dec but I imagine someone will edit the document for those issues. NOAA did say that they might have an idea for a potential funding source to be added to the list and 1 have left a message with Jennifer Pettis to follow up on that lead. I will pass along any information I get. Thanks Greg Gauthier State Coastal Conservancy PO Box 224o5 Santa Barbara, CA 93121 805- 892 -4858 office 805- 259 -9539 cell Exhibit 2, Page 24 EXHIBIT 4 Mitigated Negative Declaration MITIGATED NEGATIVE DECLARATION PROJECT: BIG CANYON CREEK RESTORATION PROJECT LEAD AGENCY: City of Newport Beach AVAILABILITY OF DOCUMENTS: The Initial Study for this Mitigated Negative Declaration is available for review at: Public Works Counter . City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 PROJECT DESCRIPTION: The City of Newport Beach proposes to restore Big Canyon Creek within the existing nature park between Jamboree Road and Back Bay Drive. Under the General Plan, the area is zoned for preservation and is designated for open space conservation. Surrounding areas are residential developments on the bluff-and Upper Newport Bay Ecological Preserve to the west. The proposed project would consist of the following: • Restore 6.62 acres of historic tidal wetlands at the mouth of Big Canyon • Realign Back Bay Drive to follow the historical tidal boundary at the mouth of Big Canyon • Convert 2.4 acre of the degraded freshwater marsh to tidal wetland and modify 0.8 acre remaining marsh to a transitional marsh complex that will support a more diverse community of native wetland plants •. Excavate the lower freshwater pond to create 1.5 acres of open water to use as habitat area and an element of the water quality improvement design • Excavate the upper freshwater pond to create 0.5 acres of open water to provide a sediment management function and open water habitat • Enhance water quality through wetland marshes, ponds, and BMPs • Enhance public use and educational opportunities; provide interpretive signage and coordinated trail access • Provide and repair maintenance service access and repair or upgrade any incidental facilities to meet codes and safety requirements Permitting and approval agencies include but not limited to US Army Corps of Engineers; Regional Water Quality Control Board; California Department of Fish and Game; US Fish and Wildlife Service; National Marine Fisheries Service; California Coastal Comn)ission; City of Newport Beach; and Orange County. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page i A copy of the Initial Study is attached. Questions or comments regarding this Initial Study /Mitigated Negative Declaration (IS /NMD) may be addressed to: Mr. Mark Reader, Project Manager Public Works Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Phone: 949 -981 -5260 Email: mereader48 @sbcgloba1.net Pursuant to Section 21082.1 of the CEQA, the City of Newport Beach has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for the proposed project and finds that these documents reflect the independent judgment of the City of Newport Beach. The City of Newport Beach, as lead agency, also confirms that the project mitigation measures detailed in these documents are feasible and will be implemented as stated in the Mitigated Negative Declaration. Dave Lepo, Planning Division Director City of Newport Beach person Dave Kiff, Assistant City Manager City of Newport Beach person Big Canyon Restoration Project Prepared by WRC Consulting Services, Inc. & WRA Inc. Date Date City of Newport Beach Page ii TABLE OF CONTENTS Chapter /Section page 1 Introduction and Summary 1 2 Project Description 4 3 Environmental Checklist 13 I. Aesthetics 13 II. Agricultural Resources 14 III. Air Quality 14 IV. Biological Resources 17 V. Cultural Resources 21 VI. Geology Soils 22 VII. Hazards and Hazardous Materials 25 VIII. Hydrology and Water Quality 26 IX. Land Use and Planning 30 X. Mineral Resources 31 XI. Noise 32 XII. Population and Housing 33 XIII. Public Services 34 XIV. Recreation 35 XV. Transportation/Traffic 36 XVI. Utilities and Service Systems 38 XVII. Mandatory Findings of Significance 40 4 References 41 Appendix A: Tables Appendix B: Figures Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services. Inc. & WRA Inc. Page iii CHAPTERI INTRODUCTION AND SUMMARY 1.1 INTRODUCTION AND REGULATORY GUIDANCE The Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared by the City of Newport Beach to evaluate the potential environmental effects of the proposed Big Canyon Creek Restoration Project in Newport Beach, Orange County, California. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant effects to a less- than - significant level, a Mitigated Negative Declaration may be prepared instead of an EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons a proposed project would not have a significant effect on the environment and, therefore, why an EIR need not be prepared. This IS /MND conforms to the content requirements under CEQA Guidelines §15071. 1.2 LEAD AGENCY The City of Newport Beach is the lead agency for preparation of environmental documentation in compliance with CEQA. The lead agency is the public agency with primary approval authority over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an. agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose." The lead agency for the proposed project is the City of Newport Beach. The contact person for the lead agency regarding specific project information is: Mr. Mark Reader, Project Manager Public Works Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Phone: 949- 981 -5260 Email: mereader48 @sbcglobal.net Questions or comments regarding this IS /MND should be submitted to: Mr. Mark Reader, Project Manager Public Works Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 1 Phone: 949 - 981 -5260 Email: mereader48 @sbcglobal.net Submissions must be in writing and postmarked or received by fax or email no later than August 16, 2007. The originals of any faxed documents must be received by regular mail within ten (10) working days following the deadline for comments, along with proof of successful fax transmission. Email or fax submissions must include full name and address. 1.3 PURPOSE AND DOCUMENT ORGANIZATION The purpose of this document is to evaluate the potential environmental effects of the proposed Big Canyon Creek Restoration Project. Mitigation measures have been incorporated into the project to eliminate any potentially significant impacts or reduce them to a less- than - significant level. In addition, the purpose of this document is to allow the City of Newport Beach to determine whether or not to adopt the IS /MND and to approve the proposed project. This document is organized as follows: Chapter 1 — Introduction This chapter provides an introduction to the project and describes the purpose and organization of this document. Chapter 2 — Project Description This chapter describes the reasons for the project, scope of the project, and project objectives. Chapter 3 Section I -XVI — Environmental Setting, Impacts, and Mitigation Measures This chapter identifies the significance of potential environmental impacts, explains the environmental setting for each environmental issue, and evaluates the potential impacts identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are incorporated, where appropriate, to reduce potentially significant impacts to a less than significant level. Chapter 3 Section XVII — Mandatory Findings of Significance This chapter identifies and summarizes the overall significance of any potential impacts to natural and cultural resources, cumulative impacts, and impact to humans, as identified in the Initial Study. • Chapter 4 — References This chapter identifies the references and sources used in the preparation of this IS /MND. 1.4 SUMMARY OF FINDINGS Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 2 Chapter 3 of this document contains the Environmental (Initial Study) Checklist that identifies the potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting from implementation of the proposed project. Based on the IS and supporting environmental analysis provided in this document, the proposed Big Canyon Creek Restoration Project would result in less- than - significant impacts for the following issues: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities and service systems. In accordance with §15064(f) of the CEQA Guidelines, a MND shall be prepared if the proposed project will not have a significant effect on the environment after the inclusion of mitigation measures in the project. Based on the available project information, and the environmental analysis presented in this document, there is no substantial evidence that, after the incorporation of mitigation measures, the proposed project would have a significant effect on the environment. It is proposed that a Mitigation Negative Declaration be adopted in accordance with the CEQA Guidelines. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 3 CHAPTER PROJECT DESCRIPTION 2.1 INTRODUCTION Big Canyon Creek Restoration Project (Project Area) is located in the City of Newport Beach, Orange County, California (Figure 1). Big Canyon Creek Watershed covers approximately two square miles and drains directly into Upper Newport Bay. The creek flows from southeast to northwest through the 60 -acre Big Canyon Creek Nature Park, ultimately draining into Upper Newport Bay. The lower portion of Big Canyon is within the Upper Newport Bay State Ecological Reserve. Big Canyon is the only natural, undeveloped portion of the Big Canyon Creek watershed, and the only significant remaining natural canyon on the east side of Newport Bay. 2.2 . PURPOSE AND NEED Natural tidal flow into Big Canyon was impeded in the mid -1900s with the construction of Back Bay Drive and placement of dredged materials from Upper Newport Bay, both of which effectively created a barrier and eliminated more than five acres of tidal wetlands. There has been significant habitat degradation throughout the canyon due to decades of dredged fill, invasive non - native plants from surrounding developed areas, erosion, and lack of a comprehensive plan. Dredged materials placed in Big Canyon have resulted in large areas of saline and infertile soils, which cannot support native plant communities. A freshwater pond was constructed in the early 1980s but is now a very shallow marsh filled with sediment. The pond water is characterized by temperatures too high to support native aquatic animal populations. Newport Bay is listed as an impaired water body under the federal Clean Water Act (CW.A) due to the high levels of constituents of concern flowing into the Bay. Unfiltered urban runoff carried by Big Canyon Creek is a water quality issue having potential negative impacts on Upper Newport Bay and the nearly 500 species of animals, fish and plants that reside in the Bay. The Big Canyon Nature Park has been heavily used by local communities for passive recreation and by the Orange County Department of Education for outdoor education. It is an integral part of the Upper Newport Bay ecological preserve and provides unique opportunities for the public to learn a diversity of the biological resources and environmental protection within a short walking distance. The project intends to achieve the following objectives: • Restore Tidal Marsh • Improve Water Quality • Enhance Riparian Habitat • Reduce Flood /Erosion /Sedimentation Damage • Encourage Public Participation and Provide Education • Provide Recreational Opportunities Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 4 2.3 PROJECT AREA BACKGROUND The Project is located between Jamboree Road .and Back Bay Drive, approximately one mile north of Coast Highway along the east shore of Upper Newport Bay. The Project Area occupies a 60 -acre area that consists of a nature park bounded by residential developments on bluffs to the north and south. The Project Area is bounded by Upper Newport Bay to the west and Jamboree Road to the east. A small parking lot, information kiosk, and Upper Newport Bay are located west of Bay Back Drive within the tidal zone. Land uses vary within and adjacent to the Project Area and include residential areas, golf courses, paved and unimproved roads, power lines, and commercial developments. Relatively undisturbed natural areas associated with the Upper Newport Bay Ecological Reserve are present within and to the north, south, and west of the Project Area. The Project Area is characterized topographically by steeply sloping bluffs and a narrow moderately sloped floodplain; site elevations range from 20 to 75 feet above mean sea level (msl) for the slopes and from below the mean sea level to 25 feet ms] for the canyon creek. A perennial stream area is present within the Project Area and supports riparian species. An artificial dam and freshwater pond are located east of Back Bay Drive. Forty -two native plant communities are present in the Project Area (see Figure 2.1 -2, Project Feasibility Report, WRC 2007). Many of these communities are fragmented, discontinuous, and threatened by invasive weeds such as Brazilian peppertree and lollipop tree. Native plant communities in the upper part of Big Canyon include arroyo willow scrub, alkali meadow, freshwater marsh, and sagebrush scrub. The lower (western) portion of the canyon is dominated by a large area of freshwater marsh, along with cottonwood- willow riparian forest, alkali meadow, brackish marsh, mulefat scrub, alkali grassland, chenopod scrub, coyote brush scrub, and sagebrush scrub. The canyon slopes contain areas of coastal bluff scrub and coyote brush scrub. The tidal wetlands on the bayside of Back Bay Drive are dominated by saltmarsh, with smaller areas of alkali grassland, alkali meadow, alkali marsh, brackish marsh, mulefat scrub and sagebrush scrub along the edges of the roadway. Mudflats and shallow tidal channels are present in Upper Newport Bay. 2.4 PROJECT DESCRIPTION The following work is proposed for this project a) Restore Tidal Marsh: The historic tidal wetlands at the mouth of Big Canyon Creek will be restored by dredging and realigning the existing Back Bay Drive inland along the historic extent of tidal marsh, and removing the existing parking lot. The project will create 7.88 acres of specific vegetated and non - vegetated salt marsh habitats. Approximately 65,500 cubic yards of material will be excavated with 1,100 cubic yards of fill. Plantings will be completed in the low marsh, high marsh, and transition zone (Table 2.3 -2, Figure 2.2 -3, Project Feasibility Report, WRC 2007). The plan will result in the addition of 6.62 acres of coastal salt marsh.- The restored tidal marsh Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 5 will improve the transition between fresh and saltwater habitat, enhance habitat for benthic invertebrates, and increase habitat diversity and complexity. Restoration of the tidal marsh will substantially increase benthic biological productivity as a consequence of the introduction of tidal creeks, mudflats, salt marsh habitat and transitional brackish water connecting the tidal habitats and the freshwater marsh and restored ponds. Invertebrate species likely to colonize the area will be similar in species composition to that which occurs along the existing mudflats and tidal channels in the vicinity of Big Canyon. These species are likely to include opportunistic species such as polychaetes (Polydora nuchalis, Streblospio benedicti and Polydora comuta), oligochaetes, and amphipods (Grandidierella japonica and Monocorophium acherusicum). Larger tidal marsh and mudflat marsh invertebrates will include California horn snails (Cerithidea califomica), yellow shore crabs (Hemigrapsus oregonensis), and fiddler crabs (Uca crenulata). b) Realign Back Bay Drive: Back Bay Drive will be realigned to the vicinity of the historical tidal inundation boundary, which is approximately 500 feet from the existing road at the maximum inland extent (see Figure 2.2 -1, Project Feasibility Report, WRC 2007). To avoid flow concentration and provide better transition from tidal marsh to the freshwater marsh, a series of shallow culverts (seven reinforced box culverts, each is approximately 3 ft high and 20 ft wide) is planned under the realigned Back Bay Drive. The new road will maintain the same width for pavement (20 feet) following the alignment of the existing maintenance road and trail dike. The length will increase from 1,000 to 1,500 linear feet in length for the improved reach. Existing wetland communities in Newport Bay will be protected by leaving the existing Back Bay Drive as a barrier during construction of the new berm and road. Grading will restore a gradual slope up to the new road. Once the new road is completed, the existing road will be removed. Since the salt marsh is open to the tidal flow, there are minimal constraints that could be caused by the road. Tidal flushing and inundation are highly dependent on the Upper Newport Bay and will be monitored for maximum tidal exchange and fluctuation that will ensure successful establishment of tidal- dependent plant communities. c) Freshwater Marsh Modification: The existing freshwater marsh will be modified to a transitional marsh complex that will support a more diverse community of native wetland plants adapted to salt and freshwater conditions. The reduced marsh area will be regraded to prevent flow concentration and the existing single outlet will be modified to multiple culverts in order to provide more uniform flow distribution throughout the marsh. This improvement will result in higher efficiency of pollutant removal per unit area of the marsh. The modification of freshwater marsh provides an opportunity to establish rush and bulrush species appropriate to local transitional marsh complexes that are currently excluded by existing dense cattail growth. The freshwater marsh will involve approximately 700 cubic yards of grading primarily to make the incised channel shallow for the growth of water quality marsh plants and even distribution of the dry weather flows. d) Lower Freshwater Pond: A series of two freshwater ponds are planned as habitat areas and elements of the water quality improvement design. The lower freshwater pond is designed to be entirely excavated to create 1.5 acres of open water habitat. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 6 Approximately 8,$00 cubic yards of materials will be excavated with minimal fill. The pond will have a 10 -foot wide freshwater marsh bench that transitions from the pond edge to two feet deep. At the edge of the freshwater marsh bench, the grade will rapidly increase to create a water depth of up to five feet to discourage cattail invasion of the transition and open water area. e) Upper Freshwater Pond: The upper pond is planned primarily to provide a sediment management function. This will create a 0.5 acre open water and require excavation of approximately 1,500 cubic yards of materials with 700 cubic yards of fill for the divided berm between the two ponds. Based on the sediment transport analysis, it is expected that primary sedimentation problems will be related to fine materials (the velocity of the creek is not sufficient to cause major sand or gravel movement and the existing creek bed contains significant fines as the sources of siltation). Sediment settling will provide reduction benefits for other constituents, including total suspended solids (TSS), fecal coliform, and metals. The upper freshwater pond will also provide open water habitat. This pond will be subject to regular maintenance to remove accumulated sediments. f) New Planting and Removal of Invasive Exotics: New planting and removal of invasive exotic species under the restoration project will facilitate restoration of tidal marsh, freshwater marsh, freshwater pond, riparian and upland habitats. Riparian habitat throughout Big Canyon will be enhanced through removal of non- native invasive species such as Brazilian pepper tree. Mapping of invasive exotic species within native habitats resulted in four general zones for exotic removal (see Figure 3.1 -3, Project Feasibility Report, WRC 2007). Dense infestations of exotic species, within approximately 4.3 acres of riparian, 0.99 acres of coastal sage scrub, and 0.3 acre alkali meadow habitats, will be removed and replaced with native vegetation (see Areas C and D on Figure 3.1 -3, Project Feasibility Report, WRC 2007). This includes the proposed freshwater pond area with dense Brazilian pepper trees. Additionally, spot removal of exotic species, with some replanting, will be applied to areas with less dense infestations, including 4.4 acres of riparian woodland, riparian scrub, mulefat, and coastal sage scrub and 0.2 acres of alkali meadow habitats. Approximately 0.9 acres of riparian habitat will be impacted by this restoration project (see Table 3.1 -2). The construction of the relocated Back Bay Road, vegetation clearing and excavation activities to create the open water pond above the new road, and the construction of a diversion berm at the east end of the canyon will likely result in the removal of some riparian trees. However, approximately 1.3 acres of riparian willow woodland will be restored adjacent to the new freshwater marsh and pond where ornamental pepper trees now exclude native species (areas C2, C3, C4 on Figure 3.1 -3). g) Long Term Water Quality BMPs: The project intends to enhance the water quality for dry and wet flows into the Upper Newport Bay (Figure 22-2). Most runoff from the two square mile Big Canyon Creek watershed enters the canyon via a 120" diameter pipe culvert under Jamboree Road. The flows were detected with elevated pollutants in 2004 and the existing creek offer minimal filtration. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 7 Under the proposed project condition, the natural meandering stream flow and system of riparian habitat, meadows, ponds, freshwater marsh and wetlands will act as natural filters, trapping pollutants, sediments, metals, bacteria and nutrients. The combined filtration and impoundment function of the freshwater pond, wetland and marsh system will help prevent these contaminants from reaching Upper Newport Bay. Additionally, water quality improvements can be provided through sand /gravel filters, erosion control, and end-of -pipe treatment. The mid - canyon service road crossing area was identified as the most feasible location for placing water quality BMPs. Surface flows split into two branches: the existing riparian channel near the north slope of the canyon (North Channel) and the existing freshwater pond and marsh in the middle of the canyon (South Channel). The north channel was determined to have high erosion potential in the reach upstream of the Back Bay Drive crossing (see Section 3, Project Feasibility Report, WRC 2007). Under the proposed Project condition, the flow, velocity, and erosion potential within the North Channel is expected to be reduced significantly under high flow conditions (near or larger than 1,000 cfs). This will benefit habitat protection (less root damage) and water quality improvements (less sediment discharge into the bay).' An optional BMP element is to provide an earthen berm near the City sewer line crossing (approximately 20 feet wide, 4 feet high, and 250 linear feet long) with a flow control weir and pipe near the low flow invert (see Figure 2.2 -2, Project Feasibility Report, WRC 2007). This is to provide an impoundment area for pollutant settlement. From the Jamboree Road culvert outlet to the first creek bed (from Jamboree Road), the creek has a reverse gradient which prevents positive drainage. This has resulted in a poor water quality pool and will be improved by minor grading of the low flow channel through the existing "hump" along the flow line. Bioswales will be provided as necessary to filter runoff from the proposed roadways and parking, and parking lots will be covered with pervious materials. h) Enhance Public Use and Provide Interpretive Opportunities: The Project intends to enhance public use and educational opportunities as well as provide coordinated trail access and interpretive signage. Included in the plan are trails, roadways, parking, interpretive areas and other facilities (Figure 2.2-4, Project Feasibility Report, WRC 2007). The components of the plan were identified to meet public and interpretive education needs to the greatest extent possible while not impacting restoration goals or practical considerations (e.g., access to sewer line for necessary maintenance). Two new minor trails are planned to connect existing trail systems within the canyon (see Figure 2.24). One trail is to -connect the existing service road crossing to the existing north trail from the boardwalk bridge to the Back Bay Drive (approximately 550 linear feet). Another is to provide an access between the upper and lower ponds (335 linear feet maintenance access and additional 275 linear feet foot access) (Figure 2..24). Within the interpretive area, Americans with Disabilities Act (ADA) trails (1,500 linear feet) and an amphitheater (for 100 visitors, 1,110 square feet) will be provided. The trails will be paved for ADA access or armored for erosion control. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 8 The existing parking lot (24,000 square feet and 40 parking stalls) and restroom facilities (2 to 4 portable toilets) will be moved out of the sensitive tidal wetlands area and relocated to the existing disturbed area between the previously mitigated and enhanced coastal sage scrub and the degraded freshwater marsh. The proposed parking will have similar capacity as the existing (40 stalls).. In lieu of asphalt pavement, partial pervious materials such as decomposed granite will be applied to most parking area except for ADA parking. Additionally, there will be an observation deck and six overlook areas along the trail and roads as rest stops where visitors can observe key natural features of the restored canyon and watch birds. Materials excavated during tidal marsh restoration and other activities will be reused at the central interpretive area to the maximum extent possible (Figure 2.24). i) Upper Canyon Manhole Maintenance Road: The existing upper canyon sewer maintenance road along jamboree Road will be preserved and provided with surface erosion control. This is to facilitate sewer line maintenance that is coordinated and compatible with existing public use. A new entrance from Jamboree Road to the existing maintenance road will be constructed. Additionally, a maintenance road creek crossing will be constructed to allow routine access to the sewer manhole located on the north bank of the creek near Jamboree Road (see Figure 2.2 -2, Project Feasibility Report, WRC 2007). The existing maintenance road will be protected with compacted and hardened aggregate base to reduce current erosion conditions while allowing for surface water infiltration. To construct the new service road crossing the creek, the existing 144 - inch diameter corrugated metal pipe will be extended approximately 30 feet with a reinforced concrete pipe of the same dimension. The headwall of the pipe will be extended to the banks to create a level pad for maintenance trucks and crews to access and serve the north bank manhole. The manhole will be adjusted to match the access road surface. Where the access ramp exists, natural logs or other environmental friendly erosion control methods will be placed to anchor the gravel pad. A maintenance truck turnaround will be provided on the south bank to allow trucks to back into the ramp and pad area and service the north bank manhole. The new maintenance road entrance from Jamboree Road will include a 20 -foot wide new driveway.and a transition to the existing 12 to 15 -foot wide ramp. The ramp is part of the existing access road described above. The steep slope adjacent to the new entrance and ramp will be protected with bioengineering measures and planting. Between the new service road at the creek crossing and new entrance from Jamboree Road, the existing service road is approximately 900 feet long and 10 feet wide. The disturbance area for the new entrance, creek crossing and turnaround is estimated at 0.4 acres, including temporary grading daylight. The total length of the existing maintenance road is approximately 900 linear feet which will be increased to nearly 1,000 feet including the new road and new entrance. Including the existing road erosion protection work, the total construction area is approximately 0.8 acre. There are no known sensitive species within and near the construction area and no mitigation is expected. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 9 j) Incidental Repair and Upgrade to Meet Safety Requirements In addition to the proposed project elements stated above, incidental repair and upgrade to current facilities such as the boardwalk bridge crossing the riparian channel may be included in the construction or deferred to future phases. As needed repair and upgrade will be determined based on the safety requirements and code compliance. k) Construction: Construction is likely to occur in fall and winter (September 1 to February 15) to avoid habitat impact. Project construction is expected to begin in 2008 (assuming funding is available) and may extend two to three years. In general, the following sequence of construction is recommended with the critical path to finish tidal marsh grading for open tidal flushing prior to planting in the subsequent year. Exotic Removal (First Phase in 2008 fall or prior to construction) 1. Remove exotic plants along the upper northern slopes of Big Canyon and on private property. These trees and shrubs likely are the source of seed that has led to the degradation of native habitats, and must be removed as soon as funding is available (and private owners are notified) to avoid degradation of restored habitats. 2. Remove exotic plants within the existing riparian channel and enhance with native groundcover. This can be performed following Item a shown above independent of other elements and as soon as funding is available. Staging Area (Prior to Construction) 1. Prepare construction staging within the proposed central gathering area. This area is for construction equipment storage and dredged material stockpile. Lower Creek Restoration: Tidal Marsh and Freshwater Marsh (2008 fall and winter and 2009 fall) 1. Construct new Back Bay Drive, culvert, and modify upstream freshwater marsh. 2. Grade new tidal marsh and plant on the road slopes and in the transitional zones. 3. Remove existing freshwater pond embankment (existing trail), weir, concrete drop structure, trail bridge, Back Bay Drive .(in four segments), roadside berms, and existing interpretive kiosk, and parking lots. 4. Expose the graded .area to tidal flushing and refine grading if needed (delay low marsh planting to 2009 later winter or 2010 fall). Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 10 Upper Canyon Restoration (2008 fall and winter) 1. Grade upper channel invert to drain. 2. Extend pipe culvert and construct new maintenance access crossing the creek to serve the sewer manhole on the north bank. Construct a new driveway to access the existing access ramp from Jamboree. Improve the existing sewer maintenance road with erosion control. The access route must be defined prior to restoration to avoid unintentional degradation by the maintenance crew. 3. Construct temporary water supply — a water line from Jamboree Road to Back Bay Drive along the existing maintenance road. 4. Provide slope stabilization and native planting near the new road (high canyon bank is not included in the project) 5. Provide native planting in the remaining upper canyon floodplain area Middle Canyon Restoration (2009 fall and winter, 2010 fall) 1. Remove concrete armor and pipes at the service road crossing and replace with freshwater pond embankment (plus the upper pond embankment) and water quality filters. 2. Construct energy dissipater basin and open water zone for the freshwater marsh downstream of the embankment. 3. Remove pepper trees and construct freshwater ponds. This activity includes excavation, lining, and planting. 4. Construct a trail link on the northern bank from the service road to the existing trail near the boardwalk bridge. This element can be performed as soon as funding is available, independent of other work. Central Gathering /Interpretive Area (2009 winter and 2010 fall) 1. Grade central gathering and interpretive area, parking, and loop road access. 2. Remove excess material. 3. Furnish interpretive facilities, parking, loop road, ADA trails and toilet pad. 4. Pave access road and furnish portable chemical toilets. -5. Provide native planting surrounding facilities. Signage (2010 fall and winter) Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 11 1. Speed control and traffic warning signs will be provided along Back Bay Drive and the loop road. 2. Directional, interpretive and regulatory signage will be provided if funding is provided. Construction activities will be coordinated with erosion control and surface water diversion to prevent soils loss, channel instability, discontinuity of water supply during dry weather season, and flood damages during major wet season events. A Water Quality Management Plan (WQMP) will be developed and a Construction Stormwater Pollution Prevention Plan (SWPPP) will be part of the project elements to be implemented from the onset of the construction to post construction. Disturbance to biological resources will not be permitted and will be monitored prior to and during construction. Water quality protection during construction will be monitored based on a pre - construction Quality Assurance Project Plan (QAPP) and Sampling and Analysis Plan (SAP), to be developed prior to construction. Approximately 75,000 cubic yards of soils are expected to be excavated and 50% of this amount (40,000 cubic yards) will need to be hauled off during the creation of the tidal wetlands. Removal of dredge material is expected to begin in 2008 and will take approximately 125 days per year for two years. These materials are to be disposed of at Frank R. Bowerman Landfill at 11002 Bee Canyon Access Road, Irvine, CA, approximately 15 miles from the Project Area. The haul route will be from the site to Bee Canyon Access Road via Jamboree Road, Ford Road /Bonita Canyon Road, University /Jeffrey Road, and Portola Parkway. 1) Project Maintenance: After construction, plants are expected to be established within two years (with temporary irrigation). Post construction biology monitoring will be performed to measure the success of the restoration project. In addition, freshwater ponds will require routine inspection for vector control, as well as debris and sediment management. Sediment removal is expected only after major rainfall events. Other routine maintenance will be performed to keep the culverts clear of debris and sediments. Erosion control materials for embankment and slope protection will be inspected routinely and repaired or replaced, as necessary. Inspection will include water quality BMPs at the storm outlets for erosion protection. Additionally, BMPs involving filtration functions will be inspected to ensure their pollutant reduction efficiency. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services. Inc. & WRA Inc. Page 12 CHAPTER ENVIRONMENTAL CHECKLIST ENVIRONMENTAL ISSUES AESTHETICS Environmental Setting The Project Area provides great views of Upper Newport Bay and tidal flats, freshwater marsh, and coastal bluffs. Views and aesthetics will be further enhanced with the proposed project. LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMFACT WOULD THE PROJECT: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ El b) Substantially damage scenic resources, including, ❑ ❑ ® ❑ but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character ❑ ❑ ® ❑ or quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ ❑ ❑ El which would adversely affect day or nighttime views in the area? Discussion a) The proposed project would not impact scenic vistas. Restoration activities proposed for the project would in the long -term improve the visual character of the area. Scenic overlooks at the north edge of the restored tidal wetlands, on the new berm at Back Bay Drive, at the southern end of the new freshwater pond and at the upper end of the freshwater pond would provide views of the restored canyon. b,c) The Project Area is located approximately one mile north of Coast Highway. Relatively undisturbed natural areas associated with the Upper Newport Bay Ecological Reserve surround the Project Area to the north, south, and west. Temporary impacts to views of these surrounding scenic resources. during restoration activities would be less than significant. d) The proposed project would not create a new source of substantial light or glare. Lights located within the Project Area and near streets would not adversely alter the day or nighttime views because they would represent an incremental addition to light emitted in the area. Mitigation Measure Aesthetics: • None Required Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 13 AGRICULTURAL RESOURCES Environmental Setting The proposed Project is located within an urbanized area consisting of a nature park bounded by residential developments, golf courses, commercial developments and the Upper Newport Bay Ecological Reserve. The Project Area does not contain any farmlands. *In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts on agricultural and farmland. Discussion a, b, c) The proposed Project would not convert prime farmland, unique farmland, or farmland of statewide importance. The Project would also not conflict with existing zoning for agicultural use or a Williamson Act contract, or result in the conversion of any Farmland to non - agricultural uses. No impacts would occur. Mitigation Measure Agricultural Resources: • None Required Ill. AIR QUALITY Environmental Setting The South Coast Air Quality Management District (SCAQMD) governs air quality in the South Coast Air Basin, which includes Orange County and portions of Los Angeles, Riverside and San Bernardino Counties. Air pollution is significant in this region due to high population density (approximately 15 million people), and tends to stagnate within this basin due to natural barriers, such as mountains. SCAOMD has a comprehensive strategy for reducing air pollution from all sources to compliance with federal and state health -based standards. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 14 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT I ACT WOULD THE PROJECT'*: a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use or ❑ ❑ ❑ a Williamson Act contract? C) Involve other changes in the existing environment ❑ ❑ ❑ which, due to their location or nature, Could result in conversion of Farmland to non - agricultural use? *In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts on agricultural and farmland. Discussion a, b, c) The proposed Project would not convert prime farmland, unique farmland, or farmland of statewide importance. The Project would also not conflict with existing zoning for agicultural use or a Williamson Act contract, or result in the conversion of any Farmland to non - agricultural uses. No impacts would occur. Mitigation Measure Agricultural Resources: • None Required Ill. AIR QUALITY Environmental Setting The South Coast Air Quality Management District (SCAQMD) governs air quality in the South Coast Air Basin, which includes Orange County and portions of Los Angeles, Riverside and San Bernardino Counties. Air pollution is significant in this region due to high population density (approximately 15 million people), and tends to stagnate within this basin due to natural barriers, such as mountains. SCAOMD has a comprehensive strategy for reducing air pollution from all sources to compliance with federal and state health -based standards. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 14 Ambient air monitoring data indicate that the South Coast area is currently in nonattainment status for two of six criteria air�pollutants listed in the Clean Air Act: ozone (8 -hour standard) and small particulate matter (PM2_5). The remaining criteria air pollutants are carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SCIA and lead. SCAQMD has attained federal and state standards for all these pollutants, as well as for larger particulate matter (PMIo10). LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO WOULD THE PROJECT *; IM IMPACT MITIGATION PACT IMPACT a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan or regulation? b) Violate any air quality standard or contribute ❑ ® ❑ ❑ substantially to an existing or projected air quality violation? C) Result in a cumulatively Considerable net increase ❑ ® ❑ ❑ of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations (e.g., children, the elderly, individuals with compromised respiratory or immune systems)? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? 'Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. Discussion a) The Project will not conflict with or obstruct implementation of any applicable air quality plans or regulations. The project area is governed by the Southern California Air Quality Management Plan. The region currently exceeds standards for ozone and PM2.5. The most significant sources of these pollutants are vehicle and other mobile source emissions. This Project will restore a degraded tidal wetland and creek watershed area for ecological value and public use. The functioning of this natural area will not generate air emissions nor obstruct implementation of air quality plans. b) The South Coast region is currently in violation of air quality standards for ozone and PM2,5, and is anticipated to reach attainment in 2010. The Project is not expected to result in significantly increased air emissions during operations. During construction and restoration operations, dust resulting from vehicle travel and fuel combustion from vehicles may cause locally increased levels of particulate matter. Approximately 75,000 cubic yards are expected to be excavated and 50% of this amount (40,000 cubic yards) will need to be hauled off during the creation of the tidal wetlands. Removal of dredge material is expected to begin in 2008 and will take approximately 125 days per year for two years. These materials are to be disposed of at Frank R. =Bowerman Landfill at 11002 Bee Canyon Access Road, Irvine, CA, approximately 15 miles from the Project Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & 1NRA Inc. Page 15 Area. The haul route will be from the site to Bee Canyon Access Road via Jamboree Road, Ford Road /Bonita Canyon Road, University /Jeffrey Road, and Portola Parkway. Approximately 20 cubic yards of material would be hauled per truck, eight truck trips per day in average. This may yield approximately 0.24 lb PM2.5 emitted per day (SCAQMD 2007) in average for the duration of the removal process. Considering possible excess material removal during a shorter duration and transportation of other construction materials, it is necessary to define maximum truck traffic allowance per day in the construction specifications. For 40 truck trips per day maximum, the maximum daily PM2.5 emission level may be increased to 1.20 lb/day. This value is significantly less than 760 lb/day which is the average PM2.5 emission level for heavy diesel trucks across Orange County, (GARB 2006). Based on this analysis, potential emissions from truck traffic associated with this project would represent insignificant sources of pollutant contributing the overall PM2.5 emissions. Nonetheless, because the South Coast airshed is a nonattainment area for PM2.5, mitigation should be employed to minimize particulate emissions during construction (MMAQ -1). (SCAQMD 2003, SCAQMD 2007, California Air Resources Board 2006) c) The Project is not expected to result in a cumulatively considerable net increase in air emissions during operations. However, construction may cause locally increased dust emissions from vehicle travel, as discussed in b) above. The South Coast area is a nonattainment area for PM2.5, and therefore mitigation measure should be employed to minimize particulate emissions (MMAQ -1). d) The Project will not expose sensitive human receptors to substantial pollutant concentrations. There are no residences in Big Canyon, and best management practices will be used to curtail locally increased dust levels resulting from construction, so there will be minimal off -site transfer of particulate matter from the site. e) The Project will not create objectionable odors impacting a substantial number of people. There are no residences within the Big Canyon area, and odor emissions will not be changed after implementation of the restoration project. Mitigation Measure Air Quality -1: • Best management practices (BMPs) should be employed to minimize dust emissions from vehicle travel during site restoration. Dust control BMPs typically include the following: o Cover all trucks hauling soil and other loose materials or require al trucks to maintain at least two feet of freeboard. o Roadways should be watered down to reduce dust emissions and vehicle trips to and from the site should be minimized. o Remove loose soil from truck surfaces before leaving the Project Area. • Limit traffic speeds on unpaved roads to 15 mph. • Suspend excavation and grading activity when winds exceed 25 mph. • Minimize idling time. • Maintain properly tuned equipment. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 16 o Limit the hours of operation of heavy -duty equipment and /or the amount of equipment in use. - As part of the BMPs, construction activities will need to comply with all applicable SCAQMD rules and regulations from the 2007 "Air Quality Analysis Guidance Handbook ", which is currently being developed to replace the 2003 Handbook. IV. BIOLOGICAL RESOURCES Environmental Setting Habitats present within the Project Area were identified and mapped as part of the Phase I study for the project. Forty -two native plant communities are present in the Project Area. Many of these communities are fragmented, discontinuous, and threatened by invasive weeds such as Brazilian peppertree and lollipop tree. Native plant communities in the upper part of Big Canyon include arroyo willow scrub, alkali meadow, freshwater marsh, and sagebrush scrub. The lower (western) portion of the canyon is dominated by a large area of freshwater marsh, along with cottonwood- willow riparian forest, alkali meadow, brackish marsh, mulefat scrub, alkali grassland, chenopod scrub, coyote brush scrub, and sagebrush scrub. The canyon slopes contain areas of coastal bluff scrub and coyote brush scrub. The tidal wetlands on the bayside of Back Bay Drive are dominated by saltmarsh, with smaller areas of alkali grassland, alkali meadow, alkali marsh, brackish marsh, mulefat scrub and sagebrush scrub along the edges of the roadway. Mudflats and shallow tidal channels are present in Upper Newport Bay. In addition, a freshwater marsh, riparian areas, and stream channel occur on the project site. Wetlands, streams, and riparian areas that are subject to jurisdiction by the Corps of Engineers, the California Department of Fish and Game, and the City of Newport LCP have been determined. As described in the project description, these areas will be impacted by project construction; however, overall, a net increase in wetland and riparian habitats will be present following project implementation. The Project Area contains approximately 13.9. acres of Section 404 jurisdictional wetlands and 5.8 acres of "other waters ". This restoration project includes permanently filling 0.9 acres of wetlands and 0.1 acres of waters. Approximately 3.8 acres of wetlands and 2.3 acres of waters will be temporarily impacted during Project construction. However, a net gain of 4.0 acres of Section 404 jurisdictional wetlands is expected to occur as a result of this project while 1.0 acres of waters will be lost (Table 3.1 -1). Approximately 14.2 acres of wetlands and 5.8 acres of open waters as defined by the City of Newport Beach Local Coastal Program (LPC) occur in the Project Area. Approximately 0.9 acres of wetlands and 0.13 acres of waters will be permanently filled. Approximately 3.8 acres of wetlands and 2.3 acres of waters will be temporarily impacted during Project construction. A net loss of 2.4 acres of freshwater marsh, 0.3 acres of seasonal alkali wetlands, and 1.0 acres of open waters are expected to result from this restoration project. However, a net gain of 6.6 acres of coastal salt marsh and 0.4 acres of riparian habitat will result from this Project. (Table 3.1 -2) Several federally listed plant and avian species associated with wetland and salt marsh habitats have been observed or have a high potential to occur within the Project Area. Patches of salt marsh bird's beak (Cordylanthus maritimus ssp. maritimus; FE, SE) occurs in salt marsh near Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 17 the mouth of Big Canyon. With 30,000 individuals counted in 2003, Big Canyon has the most significant population in Southern California. The project is designed to avoid impacts to this species. Five additional special status plant species occur within the Project Area: southern tarplant (Hemizonia panyi spp. australis; CNPS List 1B), California boxthom (Lycium californicum; CNPS List 4.2), southwestern spiny rush (Juncus acutus ssp. leopoldii; CNPS List 4.2), estuary seablite (Suaeda esteroa; CNPS List 1B), and woolly seablite (Suaeda taxifolia; CNPS List 4.2). The Coastal California Gnatcatcher (Polioptila californica califomica; FT) has been observed in saltbrush scrub habitat. The Light - footed Clapper Rail (Ralius longirostris levipes; FE, SE, State Fully Protected) has been observed in cordgrass dominated habitats and Beldings Savannah Sparrow (Passerculus sandwichensis beldingi; ST, State Fully Protected) has been observed in pickleweed habitat within the Project Area. In addition, the California Brown Pelican (Pelicanus occidentalis, FE, SE) was observed foraging in channels west of the salt marsh in Upper Newport Bay and California least tem (Sterna antilarum browni, FT) was observed foraging in tidal water areas near the Project Area. Neither species has been observed within the Project Area. c) Have a substantial adverse effect on federally LESS THAN ® ❑ POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Have a substantial adverse effect, either directly or ❑ ® ❑ ❑ through habitat modification, on any species d) Interfere substantially with the movement of any ❑ ® identified as a sensitive, candidate, or special status ❑ native resident or migratory fish or wildlife species species in local or regional plans, policies, or or with established native resident or migratory regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian ❑ ® ❑ ❑ habitat or other sensitive natural community identified e) Conflict with any local policies or ordinances ❑ in local or regional plans, policies, or regulations, or ❑ protecting biological resources, such as a tree by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ ® ❑ ❑ protected wetlands, as defined by §404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any ❑ ® ❑ ❑ native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ ❑ ❑ protecting biological resources, such as a tree preservation policy or ordinance? 1] Conflict with the provisions of an adopted Habitat - ❑ ❑ ❑ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 18 Discussion a) In 2004, Keane Biological Consulting (KBC) conducted surveys for rare species with potential to occur within the Project Area. There are six special status plant species that were observed or are expected to occur in the Project Area and twelve species that are present in Upper Newport Bay and therefore could potentially occur at Big Canyon. Eleven special status bird species were observed within the Project Area and ten bird species have potential to occur. Two herpetological species have potential to occur and one special status insect species was observed. Twenty additional insect species have potential to occur within the Project Area. Mitigation measures have been established for those species impacted during restoration construction (see Mitigation Measure Biological Resource -1 MMBR -1 and MMBR4). b) 11.2 acres of riparian habitat are present in the Project Area (Table 3.1 -3). Approximately 0.9 acres of riparian habitat will be impacted by the restoration project. Coastal sage scrub habitat, which is an environmentally sensitive habitat area (ESHA), is also present in the Project Area: Of the 14.7 acres of coastal sage scrub found in the Project Area, approximately 1.8 acres will be permanently removed. (see MMBR -2). c) The Project Area contains approximately 13.8 acres of Section 404 jurisdictional wetlands and 5.8 acres of `other waters". This restoration project includes permanently filling 0.9 acres of wetlands and 0.1 acres of waters as a result of the Back Bay Road realignment, non - native plant removal, and grading in stream, pond, and marsh areas for their conversion to salt marsh or pond habitat. Approximately 3.8 acres of wetlands and 2.3 acres of waters will be temporarily impacted during Project construction. Approximately 25.3 acres of wetlands as defined by the City of Newport Beach LCP occur in the Project Area. Approximately 1.3 acres of wetlands will be dredged or filled, including 0.3 acres of seasonal alkali wetland, 2.4 acres of freshwater marsh, and 1.0 acres of open water areas. (see MMBR -3) d) Removal of riparian habitat would occur as a result of the relocation of Back Bay Road, the creation of the open water pond above the new road, and construction of a diversion berm near the east end of the canyon. The removal of riparian habitat may interfere with the movement of migratory fish species and wildlife species (see MMBR4). e,f) The proposed Project would not conflict with protection of biological resources under the City of Newport Beach Local Coastal Program Coastal Land Use Plan (as Adopted December 13, 2005). The proposed tidal marsh restoration would serve to enhance and restore marine resources. The biological productivity and the quality of coastal waters, tidal marsh, Big Canyon Creek, and wetlands would be enhanced and restored. The proposed Project would control runoff, maintain natural vegetation buffer areas that protect riparian habitats and provide erosion control to protect Big Canyon Creek. The proposed Project would protect environmentally sensitive habitat areas against significant disruption of habitat values by carefully controlling public use. Recreation, interpretation and educational areas would be sited and designed to prevent impacts to environmentally sensitive habitats. The Project would not conflict with the provisions of any local policies and ordinances. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 19 Mitigation Measure Biological Resources -1 The restoration of the Project Area would create native transitional and wetland habitats, which would increase the nesting and foraging habitats for wildlife species. The restoration of native habitats would also improve habitat for special status plants. Impacts to special status species may occur during the construction of the restored creek. • Project construction will be limited to the non - breeding period for sensitive wildlife, generally between September 1st to February 15t ". However, should work be conducted outside this period, a qualified biologist will conduct preconstruction surveys within two weeks prior to the commencement of construction to verify the presence or absence of birds, including raptors, passerines, and their nests. If the survey indicates the potential presence of nesting raptors or protected passerines, construction workers will adhere to CDFG avoidance guidelines, which are typically a minimum 500 -foot buffer zone surrounding active raptor nests and a 250 -buffer zone surrounding nests of other birds. • Populations of Cordylanthus maritimus ssp. maritimus within 100 feet of project construction will be marked and construction fencing will be erected to protect these areas during construction. No take of this species is anticipated with the project. Mitigation Measure Biological Resources -2 Approximately 1.3 acres of riparian willow woodland will be restored and enhanced through removal of invasive exotic plant species. Native riparian species will be planted and seeded in areas that are opened up with the removal of exotic species. A mix of each canopy layer will be planted. Specific placement of species will depend on soil and hydrologic conditions. In addition, 3.3 acres of coastal sage scrub habitat will be restored and 2.3 acres will be enhanced with the implementation of this project Therefore it is self- mitigating and no additional mitigation measures are necessary. Mitigation Measure Biological Resources -3 A net gain of 4.0 acres of Section 404 jurisdictional wetlands is expected to occur as a result of this project by restoring tidal influence to Big Canyon Creek, and converting the degraded freshwater pond to freshwater marsh. (Table 3.1 -1) A net gain of 6.6 acres of coastal salt marsh habitat and an overall 2.1 acres of wetland features subject to LCP policies are expected to result from this restoration project (Table 3.1 -2). Wetlands will be restored and enhanced through improving drainage and planting native wetland species. Because additional wetland habitat will be created with the implementation of the Project, it is self- mitigating and no additional mitigation measures are necessary. Mitigation Measure Biological Resources -4 Restoration of the riparian habitats will improve habitat and water quality for migratory fish and wildlife species and restore migratory corridors within the Project Area. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 20 Mitigation Measure Biological Resources-5 Permit applications to the U.S. Corps of Engineers, the Regional Water Quality Control Board, the Department of Fish and Game, and the City of Newport Beach must be filed prior to construction of the project and all conditions associated with those permits will be adhered to during and following construction activities. V. CULTURAL RESOURCES Environmental Setting The Project Area is in an area of known resources according to the Environmental Assessment of Back Bay Trunk Sewer (East Side) (1976). A resource site does exist on the landward side of the road at the base of the bluff near Big Canyon. Discussion a, b, c) The resource site would be fenced so that there will be no trespassing or construction in this area. The Project will have no permanent impact on known archaeological /paleontological resources. d) No known human remains, including those interred outside of formal cemeteries would be disturbed by the Project. Mitigation Measure Cultural Resources: • Mitigation Measure Cultural Resources -1 An. archaeological observer will be present during excavation to inspect the materials. If a significant resource is found, contract provisions will be made to halt construction for three days . to facilitate resource removal. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 21 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT MI PACT WOULD THE PROJECT: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource, as defined in §15064.5? b) Cause a substantial adverse change in the ❑ ❑ ® ❑ significance of an archaeological resource, pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological ❑ ❑ ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? Discussion a, b, c) The resource site would be fenced so that there will be no trespassing or construction in this area. The Project will have no permanent impact on known archaeological /paleontological resources. d) No known human remains, including those interred outside of formal cemeteries would be disturbed by the Project. Mitigation Measure Cultural Resources: • Mitigation Measure Cultural Resources -1 An. archaeological observer will be present during excavation to inspect the materials. If a significant resource is found, contract provisions will be made to halt construction for three days . to facilitate resource removal. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 21 VI. GEOLOGY AND SOILS Environmental Setting Surface materials at the Project Area generally consist of dredged fill which is typically silty sand. Native site material contains sandy clay. The deposition of dredge materials in Big Canyon combined with the construction of Back Bay Drive have apparently modified the topographic features of the canyon and influenced the establishment of both native and non- native plant communities. The specific chemistry and soil characteristics of the dredge spoil locations have created large infertile areas and areas dominated by exotic species. Discussion Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 22 LESS THAN PQLENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMP ACT IMPACT WOULD THE PROJECT: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑ delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic - related ground failure, including ❑ ❑ ❑ liquefaction? IV) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ® ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is ❑ ❑ ❑ result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ❑ ❑ ® ❑ 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ ❑ ❑ the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? _ Discussion Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 22 a) The Project Area is located in the City of Newport Beach. There are a number of faults in the southern California area which are considered active and will have an effect on the Project Area in the form of moderate to strong ground shaking, should they be the source of an earthquake. i) The Project Area is not located within an Alquist - Priolo Earthquake Fault Zone. No known active or potentially active faults are shown crossing the Project Area on published maps. No evidence for active or potentially active faulting was encountered during the onsite geotechnical evaluation (GSI 2006). ii) Based on the analyses by GeoSoils, Inc. (GSI 2006) historical seismic activity in the area surrounding the proposed Project shows that the largest earthquake magnitude within a 100 -mile radius of the Project Area between 1800 and 2006 was 7.6. The Project Area would be subject to varying groundshaking intensities in the event of an earthquake on any of the potentially active faults in the region. However, the project does not include any buildings or critical facilities which could be damaged and result in loss, injury, or death. iii) Liquefaction, a secondary earthquake- induced hazard, occurs when water - saturated soils lose their strength and liquefy during intense and prolonged groundshaking. According to analyses by GeoSoils, Inc. (GSI 2006), areas within the middle of the canyon have liquefaction potential in the Seismic Hazard Zone. However, there are no buildings or critical structures within the Big Canyon Creek which could expose people or structures to potential substantial adverse effects. iv) The Project Area does not contain any existing landslide hazards. b) During Project construction, excavation and grading will be required. Construction is likely to occur in and near the winter due to habitat impact restrictions (March to August). An Erosion Control Plan will be included in the Construction SWPPP and implemented at the onset of the construction to avoid temporary erosion caused by rainstorms. The contractor will provide a surface flow control plan to avoid erosion for approval prior to construction. The Proposed Project involves beneficial changes to creek topography, including creation of upper and lower ponds and modification to the freshwater marsh, Back Bay Drive, and tidal marsh. This will result in a more stable channel condition and reduce erosion potential as summarized below. A complete description is provided in the feasibility study report (WRC 2007). The north channel, which is currently subject to severe erosion, will have lesser flows and lower velocities during high flow events due to reduction in both the trail dike length and overtopping flows from the south channel. Back Bay Drive will have relatively higher elevations compared to the 100 -year flood level. Drainage culverts will be much wider than the existing weir and pipe culverts to avoid flow concentration and reduce scour potential. The freshwater ponds created above the service road crossing, partially by fill at the service road (embankment) and partially by excavation, will maintain similar hydraulic Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 23 features as the existing condition — as described in Section 3.2 and Appendix B of the feasibility study report (WRC 2007). Therefore, no negative impacts on channel stability and erosion /sedimentation will result from the construction of freshwater ponds. The creek bed upstream of the existing service road is much higher than the downstream marsh area. Creek soils may become unstable during future major rainstorm events as the service road is only protected locally and partially near the pipe culvert outlet. Under the Proposed Condition, stabilization of the road embankment will ensure the gross stability of the creek and no mass erosion will occur and impact the tidal marsh and Upper Newport Bay (MMGS -1). c) The canyon slope near the central gathering area has been identified as potentially unstable; however, Project elements will be placed with sufficient setback (20 feet at minimum) and will not cause any impact to the slope stability. Based on the feasibility study report (WRC 2007), no active fault zones exist in the area (see Section 3.5 and Appendix C of the report). With only minor, temporary alterations to site topography resulting from Project construction, no impacts to unique geologic features will occur. d) The Project area contains previously dredged materials from Upper Newport Bay and may contain expansive soils. However, there are no habitable structures and buildings existing and proposed within the project site which can expose people to hazards related to expansive soils. All concrete work, boardwalk, and roadway pavement must be constructed with adequate foundation preparation following City standards and geotechnical engineer's recommendation (MMGS -2) e) The Proposed Project does not include septic tanks or alternative waste disposal systems. As such, there is no potential for soil failure associated with the installation of septic tanks or alternative waste disposal systems. Mitigation Measure Geology and Soils -1: Soil loss prevention will be provided through the implementation of the erosion control plan and surface flow control plan, as described under Mitigation Measure Hydrology and Water Quality - 2. Mitigation Measure Geology and Soils -2: A licensed geotechnical engineer will prepare a foundation recommendation report for roadways and minor structures, such as overlooks and the amphitheater. A registered civil engineer will prepare structural and facility foundation details per the geotechnical engineer's recommendation or City standards (if more conservative). Other excavation and competent materials will be described on the detailed plans to guide the contractors where needed (such as roadways and minor structures), as recommended by the soils engineer. The Project will result in no significant impacts. Design and construction will follow the currently available public work construction standards, including City's standards. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 24 VII. HAZARDS AND HAZARDOUS MATERIALS Environmental Setting A preliminary soil contaminant analysis of soils within the Project Area was conducted by Weston Solutions, Inc. during November 15 -17, 2006. , In addition and water quality was also assessed on August 10, 2004 and August 20, 2004. The results of the soil contaminant analysis show that metals including arsenic, barium, Cadmium, chromium, lead, mercury, selenium, and silver were all detected at levels below effects range -low (ERL) for marine sediment and within background levels for soil established by NOAA (WRC 2007). Organochlorine pesticides and PCBs and organotins were not detected. These results suggest that the soils in the tidal marsh and freshwater marsh are not considered contaminated. Therefore, these soils are likely to be suitable for on -site fill. With the creation of tidal wetlands, approximately 37,500 cubic yards of dredged fill material will be disposed offsite. Offsite disposal of these soils is not expected to require additional costs due to soil Contaminants. However, the analysis is based on a single sample which may not be representative of general site conditions. The analysis results will need to be verified during the construction phase. POTENTIALLY SIGNIFICANT IMPACT WOULD THE PROJECT: a) Create a significant hazard to the public or the ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials, substances, or waste into the environment? c) Emit hazardous emissions or handle hazardous or ❑ acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ❑ hazardous materials sites, compiled pursuant to Government Code §65962.5, and, as a result, create a significant hazard to the public or environment? e) Be located within an airport land use plan or, where ❑ such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the project result in a safety hazard for people residing or working in the project area? t) Be located in the vicinity of a private airstrip? If so, ❑ would the project result in a safety hazard for people residing or working in the project area? Big Canyon Restoration Project Prepared by WRC Consulting Services, Inc. & WRA Inc. LESS THAN SIGNIFICANT LESS THAN WITH SIGNIFICANT NO MITIGATION IMPACT IMPACT ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ City of Newport Beach Page 25 g) Impair implementation of or physically interfere with ❑ ❑ ❑ an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ❑ ❑ El loss, injury, or death from wildland fires, including areas where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a) No known hazardous materials are present within the Project Area and the Project would not involve the transport, use, or disposal of any hazardous materials. Soil toxicity testing conducted to date by Weston Solutions, Inc. has shown that contaminant concentrations in site soils are within background levels, and the soils are considered non -toxic and suitable for use as fill or disposal at solid waste landfills or dredge disposal areas. Therefore, no impact would occur. b) No foreseeable upset and /or accident conditions involving the release of hazardous materials, substances, or waste into the environment is anticipated with the implementation of this Project. c) No schools are. present or proposed within one - quarter mile of the Project Area, nor are hazardous emissions expected to be emitted or handled through the implementation of this Project. d) No portion of the Project Area is included on a list of hazardous materials sites that would create a significant hazard to the public or environment. e, f) The project area is within two miles from John Wayne Airport. However, given the nature of the project (habitat restoration and installation of recreational and interpretive facilities), safety hazards are not expected for people working, visiting, or residing the Project Area. g) The proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) Since the proposed Project is a restoration project covering a 60 -acre site of open space and includes the preservation of native plant communities susceptible to wildland fires such as chaparral and coastal sage scrub, there would be less than significant impact on exposure to people or structures to fire. VIII. HYDROLOGY AND WATER QUALITY Environmental Setting: Big Canyon Creek's watershed of approximately completely developed and contributes significant drains this watershed directly into Upper Newport San Joaquin Reservoir east of MacArthur Blvd. Big Canyon Restoration Project Prepared by WRC Consulting Services. Inc. & WRA Inc. two square miles is highly urbanized and water flow to the Project Area. The Creek Bay. The headwaters are located near the City of Newport Beach Page 26 Le C Big Canyon Creek is in a natural, un- channelized condition within the Project Area. The natural function of Big Canyon includes accommodating storm events and flooding; during large floods, such as a 100 -year flood, the entire canyon floor is inundated. This natural flooding process provides the necessary soil moisture for plant growth. However, the channel banks and inverts are subject to erosion and sedimentation during flood events which may cause damages to roadways, boardwalk bridge, and other infrastructures. This may also impact the existing habitats. The Project intends to improve the creek stability and prevent major erosion hazards during future flood events. Recognizing the environmental sensitivity, no major engineering work is allowed to entirely armor the creek and canyon. The Project's goal is to protect the infrastructure and reduce potential habitat loss with erosion and sedimentation management acceptable to the regulatory agencies. Tidal inundation in the Project Area is limited to the bayside of Back Bay Drive. Previous construction of Back Bay Drive cut off tidal flow but historic aerial photographs and maps of Big Canyon show that the historic range of the tidal wetlands once extended approximately 500 feet inland from Back Bay Drive and reached across the entire canyon mouth. Big Canyon currently drains through three 15 -inch pipes under Back Bay Drive. The Project intends to restore the historical tidal inundation while preserving the existing sensitive habitats. The water in Big Canyon Creek is unfiltered urban runoff draining a two- square mile.developed watershed. The creek carries fertilizers and pesticides from lawns, landscaping and golf courses and pollutants from cars, streets and paved areas upstream of the Project Area. During storms, water sampling has shown very high levels of fecal bacteria at the Big Canyon Creek outlet in Upper Newport Bay based on the 2004 monitoring results. Upper Newport Bay is listed as an impaired water body under section 303(d) of the Clean Water Act. According to this classification, the following contaminants occur in both Upper and Lower Newport Bay: pesticides and metals, nutrients, pathogens, and sediments /siltation. Total Minimum Daily Loads (TMDL) for Newport Bay have been established for sediments, nutrients, and fecal coliform. The Project intends to help meet these TMDLs by addressing the polluted runoff in the creek before contaminated water reach Upper Newport Bay. The proposed Project includes an integrated system of water quality improvement components, erosion and sedimentation control and use of natural habitats. (Community Conservancy International 2004) Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 27 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or ❑ ❑ ❑ interfere substantially with groundwater recharge, such that there would be a net. deficit in aquifer volume or lowering of the local groundwater table. level (e.g., the production rate of pre - existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of ❑ ® ❑ ❑ Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 27 the site or area, including through alteration of the course of a stream or river, in a manner which would result in substantial on- or off -site erosion or siltation? d) Substantially alter the existing drainage pattern of the ❑ ❑ ❑ site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in on- or off -site flooding? e) Create or contribute runoff water which would exceed ❑ ❑ ❑ the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Substantially degrade water quality? ❑ ® ❑ g) Place housing within a 100 -year flood hazard area, ❑ ❑ ❑ as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map, or other flood hazard delineation map? h) Place structures that would impede or redirect flood ❑ ❑ ❑ flows within a 100 -year flood hazard area? i) Expose people or structures to a significant risk of ❑ ❑ ❑ loss, injury, or death from flooding, including flooding resulting from the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion a) The Proposed Project would not violate any water quality standards or waste discharge requirements. b) No groundwater resources would be affected. Therefore, the direction or rate of flow of groundwater would not be affected by the Proposed Project. The Project would not introduce artificial recharge or create a significant barrier. Therefore, the groundwater and subsurface flows would remain the same in both magnitudes and directions. c) The existing creek shows moderate sedimentation potential upstream of the service road crossing and within the freshwater marsh area. Under the project condition, the fresh water ponds would be constructed in the existing sedimentation area upstream of the service road crossing. The ponds would trap sediments as the flows move through; however, the project includes an upper pond for sediment management. The upper pond will serve as a debris /sediment management area which will significantly reduce the sedimentation levels within the lower pond and protect its habitat value. The upper pond will be routinely maintained by the City to achieve the desired restoration objectives (MMHWQ -1) No development exists downstream which would be impacted by the sediment levels within the pond. Since the upper watershed is heavily urbanized, it is expected that sediment removal is feasible and may need to be performed only after major rainstorms. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 28 0 1 ■ 1A // 0 d) The Project would maintain the same drainage paths and patterns as currently exist. The surface flow rates would also remain the same with the implementation of the Project. e) The additional impervious surfaces or other similar features are insignificant to cause any noticeable increase in surface runoff. f) The Project would result in positive water quality improvement. This project does not involve major riparian woodland creation work which might result in negative impacts associated with wildlife pollutants. The restoration elements provide an integral system of water quality filtration: riparian wetlands, freshwater ponds (upper pond also serves sediment detention), freshwater marsh, and additional end of the pipe BMPs. Optional BMPs can be offered through formation of a detention area behind the water quality berm at the City sewer crossing in the upper canyon. In addition, the riparian channel (North Channel) would receive less flows, therefore, reduce the erosion potential during high flows (approximate at or larger than 1,000 cfs). The Project would be required to comply with .applicable construction activity through preparation and implementation of a Water Quality Management Plan (WQMP) for urban runoff pollutants (MMHWQ -2) g) All residential properties are on the high banks above the 100 -year floodplain. These banks will not be impacted by the Proposed Project. h) The existing Project Area is within the Big Canyon Creek 100 -year floodplain and would maintain nearly the same floodplain footprint and water surface elevations under the Proposed Project conditions. The water surface elevations in.most of excavated area below the proposed Back Bay Drive would be reduced to the tidal level and the realigned portion of Back Bay Drive would not be subject to riverine or tidal flooding. The embankments of the freshwater ponds would be constructed with sufficient stability against erosion by a 10 -100 year flood. Note that the design requirements do not require 100 -year flood protection since it is a restoration project, but the City has elected to increase its stability level. The park will be closed during significant rainstorms and no risk associated with property loss or life threatening conditions would result from the project since no development is below the pond embankment. The Proposed Project would not increase the risk of people or structures to loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. j) The Proposed Project would not increase the risk of the Project Area or surrounding land to be inundated as a result of seiche, tsunami, or mudflow. The watershed is heavily urbanized and the Upper Newport Bay is protected against ocean waves. Mitigation Measure Hydrology and Water Quality -1: A California State registered civil engineer with sufficient knowledge of Big Canyon Creek erosion and sedimentation issues will develop a maintenance program prior to construction completion. The City will inspect and maintain the freshwater ponds per the guidelines stated in the maintenance program. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 29 Mitigation Measure Hydrology and Water Quality -2: The WQMP would implement all applicable Best Management Practices (BMPs) as outlined in the Countywide NPDES Drainage Area Management Plan to ensure that potential adverse effects on water quality are minimized. A California State registered civil engineer with knowledge of the erosion, sedimentation, and water quality issues of Big Canyon Creek will prepare a Water Quality Management Plan (WQMP) according to the Orange County Resources and Development Management Department's Drainage Area Management Plan guidelines and specific project needs for construction water quality management. Construction phasing, construction SWPPP, and surface flow control will be part of the WQMP. The contractor will prepare a final plan based on the civil engineer's draft and review comments. A resident engineer or City representative will certify plan implementation and will monitor the construction activities from preparation for construction to construction completion. Weston Solutions, Inc. (2006) has prepared a Monitoring Plan and Quality Assurance Project Plan for assessing baseline water quality data and to assess the water and sediment quality that need to be addressed in the design and long -term sustainability of the Project. The project itself is a water quality enhancement project and no additional long term mitigation is required. IX. LAND USE AND PLANNING The Project Area is currently a primary access point to Upper Newport Bay. The estuary is used by the public for recreation, wildlife observation and wetland -based education. Hikers, joggers, and bicyclists typically concentrate their activities along Back Bay Drive. The parking lot can currently accommodate 35 cars and two buses. A wood timber kiosk is located a short walk from the parking lot. The trails leading to the kiosk have been damaged by flooding and are not clearly marked. The Project would maintain the current open space land use and restore the Project Area to improve open space activities for the public. Environmental Setting Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 30 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with the applicable land use plan, policy, ❑ ❑ ❑ or regulation of any agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? " Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 30 Discussion a) The proposed Project would restore Big Canyon Creek and the surrounding open space. It would not involve dividing an established community. b) This restoration project would not conflict with the current City of Newport Beach General Plan and any policies or regulations of any agency with jurisdiction over the Project Area. The City of Newport Beach and the Department of Fish and Game are the present owners and managers of the Project Area and are involved in the restoration efforts of this Project. c) The proposed Project would restore tidal influence to Big Canyon Creek and re- establish natural transitions between wetland and upland communities. In addition, the Project would involve the removal of infertile soils, repair flood damage, address urban runoff, remove non - native plant species, restore native habitats and restore the freshwater pond. None of these activities conflict with the City of Newport Beach LCP. Mitigation Measure Land Use and Planning: • None Required X. MINERAL RESOURCES Environmental Setting The Project Area is located primarily on dredged fill. There are no known mineral resources of value to the region or the state. Discussion a) Because the Project does not contain any mineral resources, there would not be any potential for the loss of known mineral resources and no impact would occur. b) Based on the type of underlying soils, there is no known locally important mineral resource within the Project Area. As such, there would not be any potential for the loss of known mineral resources and no impact would occur. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page. 31 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Result in the loss of availability of a known ❑ ❑ ❑ N mineral resource that is or would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally ❑ ❑ ❑ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Discussion a) Because the Project does not contain any mineral resources, there would not be any potential for the loss of known mineral resources and no impact would occur. b) Based on the type of underlying soils, there is no known locally important mineral resource within the Project Area. As such, there would not be any potential for the loss of known mineral resources and no impact would occur. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page. 31 Mitigation Measure Mineral Resources: • None Required XI. NOISE Environmental Setting The project is located in a canyon, which is surrounded on both sides by residences. The closest residences are approximately 500 feet from the Project Area and elevated above the site. The project is an ecological restoration of a creek and wetland area, which will not generate any noise when completed. d) Create a substantial temporary or periodic increase ❑ ® ❑ ❑ in ambient noise levels in the vicinity of the project, in excess of noise levels existing without the project? e) Be located within an airport land use plan or, where ❑ ❑ ® ❑ such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the project expose people residing or working in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? Discussion a, b, C) The project would not generate or expose people to noise levels in excess of standards established in a local general plan, noise ordinance, or other applicable federal, state or local standards. The project would also not expose people to excessive ground -borne Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. R WRA Inc. Page 32 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT WO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Generate or expose people to noise levels in excess ❑ ❑ ❑ of standards established in a local general plan or noise ordinance, or in other applicable local, state, or federal standards? b) Generate or expose people to excessive groundborne ❑ ❑ ❑ vibrations or groundborne noise levels? c) Create a substantial permanent increase in ambient ❑ ❑ ❑ noise levels in the vicinity of the project (above levels without the project)? d) Create a substantial temporary or periodic increase ❑ ® ❑ ❑ in ambient noise levels in the vicinity of the project, in excess of noise levels existing without the project? e) Be located within an airport land use plan or, where ❑ ❑ ® ❑ such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the project expose people residing or working in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? Discussion a, b, C) The project would not generate or expose people to noise levels in excess of standards established in a local general plan, noise ordinance, or other applicable federal, state or local standards. The project would also not expose people to excessive ground -borne Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. R WRA Inc. Page 32 vibrations or ground -borne noise levels, or create a substantial permanent increase in ambient noise levels. d) The project could create 'a substantial temporary or periodic increase in ambient noise levels in the project vicinity during Construction of tidal marshes and riparian habitat, removal of fill material, trail- building and other activities. Other than roadway pavement and erosion control work, grading operation is the only other significant activity and no other development activities will be involved. Several elements such as restrooms and amphitheaters have been changed to involve portable equipments and more environmentally friendly facilities. This will reduce construction noise significantly. In addition, proper scheduling of construction activities and control of Construction equipments are planned to reduce noise to the extent possible (MNNS -1). e) The Project is within two miles from John Wayne Airport. However, the nature of the project involving restoration in the creek bed which is 20 feet below the surrounding residential neighborhood will not expose people residing or working in the Project Area to excessive noise levels. f) The project is not located in the vicinity of a private airstrip Mitigation Measure Noise -1: Construction will be scheduled for normal work hours when most neighboring residents are at work. Construction will occur during fall and winter seasons only for a two to three year time period but about 50% time period will involve only planting without noise concern. Construction materials and methods which do not require heavy and noisy equipments will be applied to the extent possible. XII. POPULATION AND HOUSING Environmental Setting The proposed Project is a creek restoration project and does not contain any housing developments. LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Induce substantial population growth in an ❑ ❑ ❑ area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing ❑ ❑ ❑ housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 33 Discussion a) The proposed Project would not directly or indirectly induce population growth through the provision of new homes, businesses, infrastructure, or service. b,c) No existing housing would be displaced as a result of implementing the proposed Project, nor would the Project result in the displacement of people. Therefore, no replacement housing would be required and no impact would occur. Mitigation Measure Population and Housing: • None Required XIII. PUBLIC SERVICES Environmental Setting Police and fire protection are provided by the City of Newport Beach. The Project Area is managed by the Department of Fish and Game. Schools in the vicinity are managed by the Newport Mesa Unified School District. LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT IMPACT MITIGATION IM ACT WOULD THE PROJECT: a) Result in significant environmental impacts from construction associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Discussion NQ IMPACT a) The Project would not result in the construction of new or altered fire protection, police protection, school, or other public facilities. The Project would not induce population growth, and therefore, the need for new or physically- altered governmental facilities (fire and police protection, schools, and other public facilities) would not be required. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 34 ❑ ❑ ❑ ❑ ❑ ❑ a) The Project would not result in the construction of new or altered fire protection, police protection, school, or other public facilities. The Project would not induce population growth, and therefore, the need for new or physically- altered governmental facilities (fire and police protection, schools, and other public facilities) would not be required. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 34 Mitigation Measure Public Services: e None Required XIV. RECREATION Environmental Setting The Project would restore Big Canyon Creek and provide opportunities for recreation by means of trails, bike paths, overlook sites and interpretative media. LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Increase the use of existing neighborhood and ❑ ❑ ® ❑ regional parks or other recreational facilities, such that substantial physical deterioration Of the facility would occur or be accelerated? b) Include recreational facilities or require the ❑ ❑ ® ❑ construction or expansion of recreational facilities that might have an adverse physical effect On the environment? Discussion a) The Project would result in a beneficial impact and would not cause deterioration of Big Canyon Park and other adjacent facilities. The Project will maintain and enhance its current function for outdoor education and passive recreation. The trail network in Big Canyon would be improved to provide continuous ADA access within the central gathering area and the public viewing of the freshwater pond and wetlands. In addition to ADA trails, two -way bike trails along Back Bay Drive and the loop road (connecting to parking. and the central gathering area) will also function as hiking and jogging trails for physical fitness. b) The new trails and interpretive facilities would be constructed in areas without environmental significance under existing and Project conditions; therefore, no significant impact is expected. The Project would provide outdoor education and passive recreation for nearby residents, school children in Orange County and other public groups. A major objective of the project is to increase environmental awareness. Interpretive, regulatory, and directional signs would be posted to educate visitors on biological resources and water quality protection, while avoiding any unintentional disturbance. Mitigation Measure Recreation: • None Required Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 35 XV. TRANSPORTATIONITRAFFIC Environmental Setting The Project Area is currently accessible by the public through San Joaquin Hills Road and Back Bay Drive, which is also a primary access to Upper Newport Bay. The Project Area and estuary are used by the public for recreation, wildlife observation and outdoor education. The existing.daily vehicular traffic on the Back Bay Drive was measured at 136 and 164 on April 17 and 18, 2007, respectively, by the City of Newport Beach. There are 35 existing parking lots and two buses to accommodate the existing traffic with less than 50% of these lots occupied most of time. The Back Bay Drive has a one -way lane (toward north) with a two -way dedicated bike trails on the bayside. This will be maintained under the Project condition except for realignment of the road except for tidal marsh creation. Vehicular access to the Big Canyon will continue via Back Bay Drive. Back Bay Drive will continue to function as a throughway along the edge of Upper Newport Bay Ecological Preserve (Community Conservancy International 2004). Discussion a) As a goal of this Project is to promote public use through recreation and education, visitor counts are expected to increase with-the implementation of the Project. The vehicular traffic, however, will be managed by advanced scheduling of the public and school tours Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 36 LESS THAN P_QSENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Cause a substantial increase in traffic, in relation ❑ ❑ ® ❑ to existing traffic and the Capacity of the street system (i.e., a substantial increase in either the number of vehicle trips, the volume to Capacity ratio on roads, or congestion at intersections)? b) Exceed, individually or Cumulatively, the level of ❑ ❑ ❑ ED service standards established by the County congestion management agency for designated roads or highways? C) Cause a change in air traffic patterns, including ❑ ❑ ❑ ED either an increase in traffic levels or a Change in location, that results in substantial safety risks? d) Contain a design feature (e.g., sharp curves or a ❑ ❑ ❑ dangerous intersection) or incompatible uses (e.g., farm equipment) that would substantially increase hazards? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs ❑ ❑ ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion a) As a goal of this Project is to promote public use through recreation and education, visitor counts are expected to increase with-the implementation of the Project. The vehicular traffic, however, will be managed by advanced scheduling of the public and school tours Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 36 through Inside the Outdoor, which has been conducting educational tours to the project site. By proper scheduling visitor groups, it is expected that vehicular traffic increase will be insignificant and will be monitored yearly for at least three years after Project construction. Since the land use is preserved under the Project condition, it is expected that traffic changes or associated hazards would not occur due to design features or incompatible use. During the construction phase of the Project, trucks will be used to haul off approximately 40,000 cubic yards of dredge material. Removal of dredge material is expected to begin in 2008 and will take approximately 125 days per year for two years. The dredged material is expected to be disposed of at Frank R. Bowerman Landfill, located at 11002 Bee Canyon Access Road, Irvine, CA, approximately 15 miles from the Project Area. Approximately 20 cubic yards of material would be hauled per truck, an average of eight truck trips per day with 40 truck trips per day maximum (See Air Quality section, discussion (b) for details on construction traffic). This will not cause significant impacts on Back Bay Drive or adjoining streets. b) The Project would not exceed the level of service standards established by the county congestion management agency for designated roads or highways. c) The construction of the Project and related facilities would not affect air traffic facilities. The Project Area is not in the immediate vicinity of any air traffic facility or function. Therefore, no impacts are anticipated. d) To create the tidal marsh, Back Bay Drive has to be lengthened with a large curve crossing freshwater marsh as shown in Figure 2.2 -2 of the Project Feasibility Study Report (WRC 2007). No major obstruction within the driving distance of this crossing will cause visibility issue. Traffic speed will be limited to ten miles per hour generally with stop signs at pedestrian crossings. Numerous speed limit and warning signs will be posted along the road to enforce traffic safety. No significant impacts are expected for the realigned roadways. e) The Project Area is accessible to and from Jamboree Road, San Joaquin Hill Road /Big Canyon Drive, and several service roads on the high banks. The Project would maintain all these access points. f) The parking lot Will be moved out of the sensitive tidal wetlands area and relocated to the opposite side of the road in an infertile, barren area where dredge spoils were dumped as shown in Figures 4.2 -3 and 4.24 of the Project Feasibility Report (WRC 2007). Relocation of the parking lot will allow school groups and other visitors to assemble safely away from traffic on Back Bay Drive. Forty parking lots including bus pads and ADA stalls will be provided. This should be sufficient as any increased activities for school tours will be scheduled properly to maintain the traffic and visitor intensity. g) Implementation of the Proposed Project would not conflict with any adopted policies supporting alternative transportation. Mitigation Measure Transportation /Traffic: • None Required Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 37 XVI. UTILITIES AND SERVICE SYSTEMS Environmental Setting Orange County Sanitation District (OCSD) sewer main is the only major utility crossing the Project Area. The sewer main and manholes will not interfere project construction. The sewer lines are deep below the proposed grade without potential damage. OCSD is extending the maintenance to the manhole north of the channel bank near Jamboree Road. City's sewer lines are, on the high bank and will not be impacted. Temporary irrigation water for construction and plant establishment will be tapped to those along Jamboree Road under the agreement with the City. c) Require or result in the construction of new LESS THAN ❑ ❑ POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT No IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: d) a) Exceed wastewater treatment restrictions or ❑ ❑ ❑ standards of the applicable Regional Water the project from existing entitlements and resources, Quality Control Board? or are new or expanded entitlements needed? b) Require or result in the construction of new ❑ ❑ ❑ ❑ water or wastewater treatment facilities or ❑ treatment provider that serves or may serve the expansion of existing facilities, the construction of which could cause significant environmental effects? the project's anticipated demand, in addition to the c) Require or result in the construction of new ❑ ❑ ❑ storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve ❑ ❑ ❑ the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ ❑ ❑ treatment provider that serves or may serve the project, that it has adequate capacity to service the project's anticipated demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ ❑ ® ❑ capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations as they relate to solid waste? Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 38 Discussion a,b) The Project would not require construction of a new water treatment or wastewater treatment facility or expansion of the existing treatment facilities serving the project vicinity. The project would not impact the wastewater treatment quality based on the restrictions or standards of the applicable Regional Water Quality Control Board. The project does not require long -term potable water supply and all plants will be native with low water needs. However, short -term irrigation would be needed to establish the plants outside of the creek or outside tidal inundation areas. Temporary water may be needed during construction. A temporary water lateral from the Jamboree Road water main will be provided during construction and the two year plant establishment period. Reclaimed water may be considered but will require investigation regarding its quality for native plant establishment. Solar power could be used to operate the temporary irrigation system. The restroom facility included in the Project contains four unisex portable chemical toilets. The toilets are near the existing sewer manhole but there is no immediate plan for gravity sewer connection. c) The Project is within and near Big Canyon Creek. No new storm water system is required. d) The Project would have sufficient water supplies available to serve the implementation of the restoration. No new entitlements would be needed. e) The restroom facility included in the Project contains four unisex portable chemical toilets. The toilets are near the existing sewer manhole but there is no immediate plan for gravity sewer connection. The existing sewer has the capacity to accommodate the toilet discharge and the Orange County Sanitation District (OCSD) has approved the connection per OCSD standards. f) Project construction will produce debris and dirt. The Bowerman Landfill located at 11002 Bee Canyon Access Road, Irvine, CA 92602 would be the closest disposal site. Approximately 75,000 cubic yards of excavated materials would be generated; of which, approximately 50% would be disposed at the closest landfill, Bowerman Landfill in Irvine, California. Based on the available soils toxicity test, the soils do not contain toxicity and other hazardous materials (Project Feasibility Report, WRC 2007). The project waste will not exceed the existing landfill capacity. In fact, the site materials have high content of silt and clay and are suitable as landfill cap. g) Based on the available soil toxicity analysis (WRC 2007), there is not contamination in the soils that would be excavated during construction. The Proposed Project would not result in significant impacts related to solid waste. Mitigation Measure Utilities and Service Systems: • None Required Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services. Inc. & WRA Inc. Page 39 XVII.- MANDATORY FINDINGS OF SIGNIFICANCE b) Have impacts that are individually limited, but ❑ ❑ ❑ cumulatively considerable? ( "Cumulatively considerable" means the incremental effects of a project are considerable when viewed in connection with the effects of past projects, other current projects, and probably future projects ?) c) Have environmental effects that will cause ❑ ❑ ❑ substantial adverse effects on humans, either directly or indirectly? Discussion a) The proposed Project was evaluated for potential significant adverse impacts to the natural environment and its plant and animal communities. It was determined that the project could potentially impact birds and other sensitive wildlife species as well and sensitive plant species and communities. However, implementation of all conditions and mitigation measures incorporated into this document would reduce those impacts, both individually and cumulatively, to a less than significant level. b) The proposed Project would not have cumulatively considerable impacts. c) The proposed Project would not have environmental effects that would Cause substantial adverse effects on humans. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 40 LESS THAN POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT WITH SIGNIFICANT NO IMPACT MITIGATION IMPACT IMPACT WOULD THE PROJECT: a) Does the project have the potential to degrade ❑ ® ❑ ❑ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or Restrict the range of a rare or endangered plant or animal or eliminate important examples of the major Periods of California history or prehistory? b) Have impacts that are individually limited, but ❑ ❑ ❑ cumulatively considerable? ( "Cumulatively considerable" means the incremental effects of a project are considerable when viewed in connection with the effects of past projects, other current projects, and probably future projects ?) c) Have environmental effects that will cause ❑ ❑ ❑ substantial adverse effects on humans, either directly or indirectly? Discussion a) The proposed Project was evaluated for potential significant adverse impacts to the natural environment and its plant and animal communities. It was determined that the project could potentially impact birds and other sensitive wildlife species as well and sensitive plant species and communities. However, implementation of all conditions and mitigation measures incorporated into this document would reduce those impacts, both individually and cumulatively, to a less than significant level. b) The proposed Project would not have cumulatively considerable impacts. c) The proposed Project would not have environmental effects that would Cause substantial adverse effects on humans. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 40 CHAPTER 4 REFERENCES California Air Resources Board. 2006. Almanac Emissions Projection Data, Annual Average Emissions (2005), Orange County. Community Conservancy International. 2004. Big Canyon Creek: Historic Tidal Wetlands Conceptual Restoration Plan. County Sanitation Districts of Orange County. 1976. Environmental Assessment of Back Bay Trunk Sewer (East Side). Environmental Protection Agency (EPA). 1978. Protective Noise Levels. Condensed Version of US EPA Levels Document. USEPA 550/9-79-100. Geosoils, Inc. 2006. Geotechnical Feasibility Report: Big Canyon Creek Restoration, Upper Newport Bay, Newport Beach, County of Orange, California. South Coast Air Quality Management District (SCAQMD). 2007. Emissions Factors (EMFAC) Version 2.3. Onroad, Heavy Duty Diesel Trucks, http://www.aqmd.gov/ceqa/handbook/onroad/onroad.htmi. SCAQMD. 2003. Air Quality Management Plan. Weston Solutions, Inc. 2006. Monitoring Plan and Quality Assurance Project Plan for Big Canyon Creek Flow and Water Quality Assessment. WRC Consulting Services, Inc. 2007. Big Canyon Creek Restoration Project Phase II: Feasibility Study Report. Big Canyon Restoration Project City of Newport Beach Prepared by WRC Consulting Services, Inc. & WRA Inc. Page 41 TABLE 2.3 -2 PROPOSED TIDAL AND FRESHWATER MARSH PLANTING PLAN Plant Species/Zones Elevation Ranges (feet) Low Marsh Spartina foliosa 3.5-4.5 Mid Marsh Distichlis spicata 4.5-5.25 Jaumea carnosa 4.5-5.25 Salicomia virginica 4.5-5.25 Scirpus maritimus* 4.5-5.25 High Marsh Distichlis spicata 5.25-8.5 Frankenia Salina 5-25-8.5 Juncus acutus* 6-0-6.25 Juncus acutus spp. leopoldii* 6.0-6.25 Limonium californicum 6.0-6.25 Salicornia subterminalis 5.25-8.5 Salicornia virginica 5-25-5.5 Suaeda esteroa 5.25-6.5 Suaeda taxifolia 5-25-6.5 Marsh Transition Distichlis spicata 515 — 8.5 Frankenia Salina 5.25 — 8.5 Salicornia subterminalis 5.25-8.5 Coastal Saqe Scrub Upland Buffer TABLE 2.3 -2 PROPOSED TIDAL AND FRESHWATER MARSH PLANTING PLAN Plant Species/Zones Elevation Ranges (feet) Artemisia calif6mica 8.5 and above Atriplex canescens 8.5 and above Baccharis pilularis 8.5 and above Isomeris arborea 8.5 and above Freshwater Marsh Eleocharis palustras NIA Juncus balticus NIA Scirpus americanus NIA Scirpus californicus NIA * Will be planted only in areas adjacent to freshwater inputs or brackish areas. of Newport Beach WRC Consulting Services, Inc. BIG CANYON CREEK RESTORATION PROJECT PHASE 11 Feasibility Study Report Page 20 TABLE 3.1 -1 SUMMARY OF PROJECT - RELATED IMPACTS AND BENEFITS TO FEATURES POTENTIALLY UNDER CORPS JURISDICTION # Acres: Potentially Impacted Jurisdictional # Acres: # Acres to Net Gain or Feature Existing Temporary Permanent be Created Loss Freshwater Marsh 7 39 2.32 0.84 0.74 -2.36 Coastal Salt Marsh 5.93 1.26 0 7.88 +6.62 Seasonal Alkali Welland 0.54 0.23 0.07 0 0.3 Waters 5.78 2.33 0.13 1.48 -0.98 Totals 19.59 6.08 1.04 10.1 +2,98 City Of Newport Beach WRC Consulting Services, Inc. BIG CANYON CREEK RESTORATION PROJECT PHASE II Feasibility Study Report Page 25 TABLE 3.1 -2 SUMMARY OF PROJECT - RELATED IMPACTS AND BENEFITS TO FEATURES POTENTIALLY UNDER CCC JURISDICTION # Acres: Potentially Impacted Jurisdictional # Acres: # Acres to Net Gain or Feature Existing Temporary Permanent be Created Loss Freshwater 7.39 2.32 0.82 0.74 -2.4 Marsh Riparian 11.2 0.54 0.33 1.29 +0.42 Coastal Salt 5.93 1.26 0 7.88 +6.62 Marsh Seasonal Alkali 0.91 0.17 0.12 0 -0.29 Wetland pen Waters 5.78 2.33 0.13 1.48 -0.98 otals 33.21 6.62 1.4 10.1 +2.08 of Newport Beach WRC Consulting Services. Inc. BIG CANYON CREEK RESTORATION PROJECT PHASE II Feasibility Study Report Page 27 TABLE 3.1-3 RIPARIAN, ALKALI MEADOW, AND COASTAL SAGE SCRUB HABITAT RESTORATION Restoration Action — Replant Areas Dominated by Exotic Species and Areas of Project Grading Existing Habitat Acres Restored Habitat* Acres Ornamental Pe r Tree Woodland 1.29 Willow Riparian Woodland 1.29 Annual grassland 0.08 Mulefat Scrub 0.08 Annual grassland 0.67 Alkali Forb /Meadow 1.43 Alkali forb /exotic (orbs . 076 Ornamental (Pepper tree 0.24 Coastal Sage Scrub 2.43 Alkali forb /exotic (orbs 0.64 Annual grass/exotic fortis 0.78 Annual grass/ Ornamental 0.78 Various Habitats (marsh, pond and paved) 0 87 Upland Buffer/ Coastal Sage Scrub 0 87 *See Planting/Habitat Plan for location of each habitat type. Enhancement Action — Invasive Exotic Species Removal and Planting with Native Species Existing Habitat Removal Zones* Acres Riparian Scrub C1, C2, C6 4.32 Alkali Forb /Meadow C5 0.25 Coastal Sage Scrub C6 0.99 Enhancement Action — Spot Removal of Invasive Exotic Species and Seeding with Native Species Existing Habitat Removal Zones* Acres Willow Riparian Woodland D2 0.67 Willow Riparian Scrub D1, D3 3.19 Mulefat Scrub D1, D2, D3 0.37 Alkali Forb /Meadow D1, D4 0.16 Coastal Sage Scrub A, D1 1.32 *See Invasive Exotic Removal Plan City of Newport Beach WRC Consulting Services, Inc. SIG CANYON CREEK RESTORATION PROJECT PHASE It Feasibility Study Report Page 28 vp X E jj: Ts- \ � «� � � /�f ~d :�� \ \ \ \. . IMM X E jj: Ts- c I t ra I 'A 1P e f N4 R- 4r J. "Him, kx�ffyh uk -,A ;k 4. LIM P", 4, 77 17.1 Legend Study Area: (70.43 Acres) 0 0.5 1 1.5 Miles a "i ' Figur6 1. 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