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HomeMy WebLinkAboutC-3780 - Lower Buck Gully Channel Restoration ProjectAugust 15, 2013 CITY OF NEWPORT BEACH Mr. Farid Soroudi Environmental Construction Inc. 21550 Oxnard Street, Suite 1050 Woodland Hills, CA 91367 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Buck Gully Restoration Project — C-3780 Dear Mr. Soroudi: On August 14, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was August 23, 2012. Reference No. Vigilant Insurance Company and the Faithful Performance Bond. Sincerel , Leilani I. Brown, MMC City Clerk Enclosure recorded by the Orange County Recorder on 2012000485997. The Surety for the contract is the bond number is 8219-64-23. Enclosed is Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca. us PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT Bond No. 8219-64-23 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Premium: $13,190.00 Executed in Two Originals City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 BOND NO. 8219-64-23 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 13,190.00 being at the rate of $ 14.40 for the first 500 thousand thousand of the Contract price. $8.70 for the next $2 million WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Environmental Construction, Inc., hereinafter designated as the "Principal", a contract for construction of LOWER BUCK GULLY CHANNEL RESTORATION PROJECT, Contract No. 3780 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3780 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Vigilant Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Eighty -Eight Thousand, Five Hundred Fifty - Eight and 36100 Dollars ($1,188,558.36) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, of assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 30 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the worts to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of August , 2011. Environmental Construction, Inc. (Principal) Vigilant Insurance Company Name of Surety *996?� " Signature/Title Agent Signature 15 Mountain View Road, Warren, NJ 07059 Stephanie Pham, Attorney -in -Fact Address of Surety Print Name and Title (212) 612-4000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of r.nc nNGI;ES On ZZ 7.a1 before me, BEVERLY PARKS- NOTARY Pi1RT T(' (Here insert name and title of the officer) personally appeared FARID SOROUDI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MY of Notary and official seal. BEVERLY PARKS Commission # 1806841 ,.A Notary Public - California zZ ' Los Angeles County (Notary Seal) My Comm. Expires Jul 19, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fur a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully fur proper notarial wording and attach this form tf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they=- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form.. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 011 ` before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Pham Name(s) of Signer(s) IRENE LUONG Commission # 1883838 z Notary Public - California i Z Orange County My Comm. Expires Mar 22, 2014 v� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/af:e subscribed to the within instrument and acknowledged to me that +nte/she/thaey executed the same in4iis/her/their authorized capacity(ies), and that by k>is/her/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my, hand a offid I s al. Signature OPTIONAL Signature of Nolary Public J Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Cc! 2007 National Notary Association 9350 Uc Solo Avo • P.O. Box 2402 • Chatsworth, CA 91313-2402 www.NationalNolary.org Item 45907 Reorder: Call Toll-Froe 1-800-876-6827 See Attached ACKNOWLEDGMENT ■■■•rr��■rr■■■■•rr►■■rr■•rr■•rrr■•■r■•■■■►■•r■■■•■■■r■r■r►■►r►rr►r■■■■rr■r■►■►� State of California County of On Public, personally appeared SS. before me, proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/s same in his/her/their authorized capacity(ies), and that by his/her/their instrument the person(s), or the entity upon behalf of which the persoXS instrument. I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary ,who hose name(s) is/are /they executed the lignatures(s) on the acted, executed the of California that the (seal) •■■r•■■rr►rrrr►rr■rr■r•■rrr■■►►r■rrr■•■■rr■•r■•■►■■r■■►■►►■rr►rr■rrrr►r■►■rrr� OPTION L INFORMAT/ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence Personally Known wi Paper Identification Paper Identification Credible Witness ) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ■arrr■raaa■■■■■■•aarrarr■■■•■.a■raa■r■rarra■rar■•arrarar■■araraaarrr■rrar■rara� State of California County of }ss. On Public, personally appeared before me, Notary --- ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsi 6atures(s) on the instrument the person(s), or the entity upon behalf of which the persons cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the tate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ...,•rrrrrrar■rr■r■raaa■■.......... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evide/ : Personally Known with Paper Identification Paper Identification Credible Witness(es) (seal) •■■■r■■•arrr•■ar■rr■aarar■rra■rraraarrr.r� . INFORMATION Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 33 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. October 25, 2012 Mr. Farid Soroudi CITY OF NEWPORT BEACH Environmental Construction Inc. 21550 Oxnard Street, Suite 1050 Woodland Hills, CA 91367 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Buck Gully Restoration Project - C-3780 Dear Mr. Soroudi: On August 14, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was August 23, 2012, Reference No. Vigilant Insurance Company and Labor & Materials Payment Bond Sincerely, Lei ani I. Brown, MMC City Clerk Enclosure recorded by the Orange County Recorder on 2012000485997. The Surety for the bond is the bond number is 8219-64-23. Enclosed is the 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us Bond No. 8219-64-23 Premium listed on performance bond Executed in Two Originals City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 BOND NO. 8219-64-23 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Environmental Construction, Inc., hereinafter designated as the "Principal," a contract for construction of LOWER BUCK GULLY CHANNEL RESTORATION PROJECT, Contract No. 3780 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3780 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Vigilant Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Eighty -Eight Thousand, Five Hundred Fifty -Eight and 36/00 Dollars ($1,188,558.36) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of .employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0- The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of. time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN 'WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of August 2011. Environmental Construction, Inc. (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212) 612-4000 Telephone Stephanie Pham, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of L()S AAT aELES On J C, '4-1011 before me, BEVERLY PARKS. NOTARy P 1Bi Tt^ , (Here insert name and title of the officer) personally appeared FARID SOROUDI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my h4n� and official seal. otary BEVERLY PARKS Commission # 1806841 -+r ' Notary Public - California Los Angeles County My Comm. Expires Jul 19, 2012 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on .such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity, of the signer). Please check the document carefully fur proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tlte}� is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form.. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On � before me, Irene Luong, Notary Public . Date Here Insert Name and Title of the Officer personally appeared Stephanie Pham Name(s) of Sgner(s) IRENE WONG Commission # 1883838 Notary Public - California Z Orange County I%Ay Comm. Expires f0ar 22, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that �te/she/tray executed the same in-his/her/their authorized capacity(ies), and that by kris/her/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a ffic- Ise Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Title(s):-_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ttt �thotcttc' C cc>1etc Cc 200/ National Notary Association 9350 De Solo Aia., r O. Box 2402 • Chatsworth, CA 91313-2402 • wwkr.NahonlNotary.org Item 45907 Rcordor" Call "roll F oe 1-800-876-6827 Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer— Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chubb PvWER Federal Insurance Company Attn: Surety Department - OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Eric Lowey, Stephanie Pham and Mark Richardson of Costa Mesa, California -------------------- each as their true and lawful Attorney- in. Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day of January, 2010, 4.nn.C. end4dl ntSecretary Da Norris, Jr., Vice Presi STATE OF NEW JERSEY ss. County of Somerset On this 15th day of January, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal ADD -40 PUit NKATHENNE J. ADELAAR QTARY Neuc OF NEW JERSEY NO 2316685 Cg4ii(ili35ien bPlres July 16.2014 CERTIFICATION Notary Public Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in Fad for purposes only of executing and attesting bonds end undertakings end other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (I) the foregoing extract of the By- Laws of the Companies is true and correct, (ti) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islantls American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and , and Federal is licensed in (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this August 17, 2011 v- •'�otANt' s�P ytrY YOa L ,Kenneth C. a Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 Form 15-10- 0225B- U (Ed. 5- 03) CONSENT See Attached ACKNOWLEDGMENT •■rrrrarrrrrrrarraraarararrraaaaarrrrrarrraarraaaraaaraaraarraararrrrrraaaraar► State of California County of l ss. On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be the I subscribed to the within instrument and acknowiedged to me same in his/her/their authorized capacity(ies), and that by hi, - instrument the person(s), or the entity upon behalf of which instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct_ WITNESS my hand and official seal. Signature Notary ,who Per/their (s) whose name(s) is/are Ihe/sheJthey executed the signatures(s) on the person(s) acted, executed the of the State of California that the (seal) •rra•�ar�arrrrarar•/aaaarrlr•r••■araaaarrrarr■•ar■a•r■•ra■■arrrr•rrr■aar•■■■r► PTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Langu4 Type of Satisfactory Eviden�e; Personally Known th Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 001 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, OV �i 'f �V Tom Daly, Clerk -Recorder (.J III III 1[�IPII Ii E�� II II I 111 I I I� ! J��&O FEE *$R 000506429 -4 AN a. 36 2012000485997 8:29 am 08123112 276 422 N12 1 BICE OF 0.00 0.00 0.00 0.00 0.00 0.00 ,0.00 on CITY t CITY OF NEWT SM "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Environmental Construction Inc. of Woodland Hills, CA, as Contractor, entered into a Contract on August 9, 2011. Said Contract set forth certain improvements, as follows: Lower Buck Gully Restoration Project - C-3780 Work on said Contract was completed, and was found to be acceptable on August 14, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Vigilant Insurance Company. ublic Works Director ity of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on h6luf l 6 , BY Jui 4 - �/w City Clerk at Newport Beach, California. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director BY TMcrrvCOU"cd 949-644-3311, sbadum a@newportbeachca.gov"EWPORTBEO "3 PREPARED BY: Robert Stein, Assistant City Engineer.1 L '� 1 2P 1) APPROVED: �U.�t/� D D D TITLE: Lower Buck Gully Restoration Project — Completion and Acceptance of Contract No. 3780 ABSTRACT: On August 9, 2011, City Council awarded Contract No. 3780 to ECI Construction, Inc. for an amount of $1,188,558.36 and established a 15 percent construction contingency allowance. Work is now complete and Staff request City Council to accept and close out the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. 4. Approve Budget Amendment No. 13BA- 007 transferring $18,000 from 7014- 05002002 to Account No. 3170-80883 for routine landscape maintenance services for FY 2012-13 for the Lower Buck Gully restoration area. Lower Buck Gully Restoration Project— Completion and Acceptance of Contract No. 3780 August 14, 2012 Page 2 FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Environmental Contribution General Fund DISCUSSION: Account Number Amount 7255- C5002002 $ 705,000.00 7014- C5002002 558.768.88 $ 11263,768.88 Overall Contract Cost/Time Summary *94 working -day construction period, 120 calendar -day plant establishment and maintenance period The work for this contract included grading of a construction road into the canyon, restoring the streambed near the center of the canyon, constructing rock - filled gabion grade control structures and bendway weirs to guide flows into the center of the canyon, installing subsurface wetland filters for water quality improvements, and re- vegetating the canyon with California native plant materials. Following completion of the hydraulic structures in February, the project design was effectively tested during a large storm in April at which times the creek flows were redirected and contained as intended. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $ 1,188,558.36 1,237,448.86 26, 320.02 $1,263,768.88 2 Contract Construction Final Cost at Contingency Actual Time Time+ Contract Award Completion Target Contract (Under) E tension Amount Change or Over (days $1,188,558.36 $1,263,768.88 15% L 6.30/o 94 +120* 1 27 *94 working -day construction period, 120 calendar -day plant establishment and maintenance period The work for this contract included grading of a construction road into the canyon, restoring the streambed near the center of the canyon, constructing rock - filled gabion grade control structures and bendway weirs to guide flows into the center of the canyon, installing subsurface wetland filters for water quality improvements, and re- vegetating the canyon with California native plant materials. Following completion of the hydraulic structures in February, the project design was effectively tested during a large storm in April at which times the creek flows were redirected and contained as intended. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $ 1,188,558.36 1,237,448.86 26, 320.02 $1,263,768.88 2 Lower Buck Gully Restoration Project — Completion and Acceptance of Contract No. 3780 August 14, 2012 Page 3 The final construction contract cost of $1,263,768.88, which includes five change orders (itemized below), was 6.3% over the original bid amount. There were 5 change orders approved as part on the contract. The first two change orders were approved to improve project constructability. Change Orders 3, 4 and 5 involved small changes in the design to improve the performance and aesthetics of the project as well as to improve canyon security. CO # Description Cost 1 Additional backfill and com action to meet revised elevations $ 3,5_37.00 2 Additional vegetation and tree removal/disposal 7,800.00 3 H dro -seed mix change 1,508.29 4 Install additional landscaping material 6,361.51 4 Install chain link fence and gate 3,931.30_ 5 Install additional landscaping material 875.44 5 Install security si na e 438.67 5 Relocate bendway weir rocks 352.62 5 Re -H dro -seed project area 1,515.19 TOTAL _ $26,320.02 Summary of the projected and actual project schedule is as follows: Estimated completion date per July 2011 Schedule May 14, 2012 Project Awarded for Construction August 9, 2012 Contract Completion Date Plus Approved Extensions: June 12, 2012 Actual Completion Date: July 19, 2012 Post construction, there are maintenance and monitoring costs that are worthy of note. Per the conditions of the Coastal Development Permit, the City is required to monitor the health of the native plants installed on the restoration site for five -years and to make recommendations regarding removal of invasive species and installation of new native plants as needed to meet the required benchmarks. RBF Consulting is preparing a proposal for the monitoring work and, if acceptable, staff will propose an amendment to RBF's contract for approval. As recommended, Trugreen Landscape ( Trugreen), the City's contractor, will perform the required "routine" landscaping work at a budget of $18,000 for the first year. This landscaping work will be on -going maintenance. On July 301h, staff met on site with OC Vector Control. Based on the discussions, Trugreen will be given some additional tasks to remove algae in some low velocity areas of the new creek. The excessive algae accumulation was a phenomenon that was Lower Buck Guliy Restoration Project — Completion and Acceptance of Contract No. 3780 August 14, 2012 Page 4 also observed in Morning Canyon immediately after construction. The problem disappeared the following year once the native plants had had time to establish. In response to concerns by a couple property owners, Trugreen will also plant additional mulefat and willow cuttings to better mask some of the exposed rocks. Trugreen is preparing a budget for these additional tasks. It is not expected that this additional work will be required in future years. Project savings will be used to fund the 5 -year monitoring contract amendment, as well as the routine and additional landscaping tasks this fiscal year. Funding for on -going landscape maintenance will need to be addressed in the FY13114 budget. ENVIRONMENTAL REVIEW: The City - prepared Mitigated Negative Declaration for the Lower Buck Gully Restoration Project was adopted by City Council on January 25, 2011. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Location Map Budget Amendment ATTACHMENT A �J offk ✓3fyS�. a y `t ,.r 9.inT j H ATTACHMENT B City of Newport Beach BUDGET AMENDMENT 2012 -13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 13BA -007 AMOUNT: $18,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance qX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Prop 50 Buck Gully Stabilization CIP account to the Parks Contract Services account for routine landscape maintenance services for FY 2012 -13 for the Lower Buck Gully restoration area. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIA TIONS (3603) Description Description Amount Debit Credit ' Automatic S Signed: Fin cia Approval: Finance D' r-- Signed: Administra'veApproval: CitOAanager Signed: City Council Approval: City Clerk $18,000.00 9 -a -ice Date Date Date Description Division Number 7014 Misc & Studies Account Number C5002002 Prop 50 Buck Gully Stabilization $18,000.00 Division Number 3170 MOD Parks Account Number 80883 Contract Services - Park s /Facililies Division Number Account Number Division Number Account Number ' Automatic S Signed: Fin cia Approval: Finance D' r-- Signed: Administra'veApproval: CitOAanager Signed: City Council Approval: City Clerk $18,000.00 9 -a -ice Date Date Date CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 14th day of July, 2011, at which time such bids shall be opened and read for LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Title of Project Contract No. 3780 $ 1,350,000.00 Engineer's Estimate ., ' Ste.pKen G. Badum P,ul lhtc Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756 -1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for project task 1: "A" Contractor License Classification(s) required for project task 2: "C -27" There will be a MANDATORY Pre -Bid Meeting at 10:00 AM on July 6, 2011. Please meet at the intersection of Ocean Boulevard and Poppy Avenue. For further information, call Iris Lee, Project Manager at (949) 644 -3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.Newr)ortBeachCA.,qov CLICK: Online Services /Bidding & Bid Results City of Newport Beach LOUVER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT .................................................. .................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT.................................................................................... ............................... 22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................34 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 Ira City of Newport Beach LOUVER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. �Q7lb ��.1'71 �, Co tractor's Lic nse No. & Cla sificati n Bidder / l 7—/ c%— Date 0 City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of (10 %) Ten Percent of the Attached Bid Amount Dollars .($ 10 0% of Bid Amount), to be paid and forfeited to the City of Newport.Beach if the bid proposal of -the undersigned Principal for the construction of LOWER BUCK GULLY CHANNEL RESTORATION PROJECT, Contract No. 3780 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award°, otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 7th day of July 2011. Environmental Construction, Inc. Name of Contractor (Principal) % Authorized SignaturelTitle Vigilant insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212) 612 -4000 Telephone v �-Auth nzzed Agent Signature Stephanie Pham, Anomey -in -Fact Print Name and Title (Notary acknowledgment of Principal & SUretV must be attached) ACKNOWLEDGMENT cnv uao 00000evevevaavvaevo... DUG ....vo oao40000009GD0000 veovev ..44444404404444464 State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures($) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of th b State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature v o eo4 a e n 4 v 6 o 4 v a 0 a v 0 v 000 o a 0 v a 440 v 0 v 0 a 6 v ov Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with I _ Paper Identification Credible W itness(es) Capacity of Signer: Trustee OPTIONAL Identification (seal) va.....vv na4vo avu...avv000640vv.aavao Thumbprint of Signer ❑ Check here it no thumbprint or fingerprint Power of Attorney is available. CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Information: C:4 ,s \- _I="OR iA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of T.nG Angeles On t before me, Beverly Parks, Notary Pahl ; r Date Here Insort Name an Ile of me Officer personally appeared , rid N A es o ge s) 0200714ational Notary Association- 9350 De Soto Am.. P.O. Box 2402 • Chaeavorth, CA 91313- 2402•w ..NmlonaINotaryoig Item 959W' Roorder.Cafl Tol4Free 1- 600-076-6e27 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized �•,,,,._., BEVERLY PARKS capacity(ies), and that by his /her /their signature(s) on the Commission # 1606841 instrument the person(s), or the entity upon behalf of <''m Notary Public - California : which the person(s) acted, executed the instrument. .. Los Angeles County My Comm. Ex ires Jul 19, 2012 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y hand and official se I. In Signature Place Notary Seel Above Si pmt re of Notary Puhl c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: P Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator . ❑ Other: ❑ Other: Signer Is Representing: I Signer Is Representing: 0200714ational Notary Association- 9350 De Soto Am.. P.O. Box 2402 • Chaeavorth, CA 91313- 2402•w ..NmlonaINotaryoig Item 959W' Roorder.Cafl Tol4Free 1- 600-076-6e27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange — 7 On I -7 1 before me, Irene Luong, Notary Public Date I Here Insert Name and Title of the OMER personally appeared Stephanie Pham Namefs) of Signer(s) IRENE LUONG SmyCorrim Commission # 1883838 Notary Public - Calilarnia i orange County . Explres Mar 22, 2014 Place Notary Sea Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand anc(/o(Bci jl Sew /h Signature I V Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited ❑General ® Attorney in Fact ❑ Trustee e ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee e ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: :`�L'CC?EiJ�:L'ZSc°Ct,?�)Z L'�t- '�•c.`�ti�'��is�c�.�''�`. ` Cts�c.' oC�` �t1�' �' t�..' Q` ��ci�= i.`: t7�G` �' Z `�iSi5G2iZ2.^�L��- t`":�i:�_'tT� 02007Natiura NoWa Assmiation.g3bODe S010 A"..P.O.B..2402- Cralnnortr CAetn13- 2402,ww NationalWlaryorg IIem45907 Reoroel:Cell TO.bfroel -R10- 9766927 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Eric Lowey, Stephanie Pham and Mark Richardson of Costa Mesa, California----- - - - - -- each as their true and lawful Aaomay- In. Fact to execute under such designallon in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed In the course of business, and any Instruments amending or eltedng the same, and consents to the modification or alteragon of any instrument referred to In said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day of January, 2010. /n w enne h C. 6rderAssigrant Secretary � Oa ' . Norris, Jr., Vice Presi STATE OF NEW JERSEY ss. County of Somerset On this 15th day or January, 2010 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomey, and the said Kenneth C. Wendel. being by me duly scorn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,. and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed mid Power of Attorney as Assistant Secretary of said Companies by like authority: and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Pourer of Attorney is In the genulne handwriting of David B. Norris, Jr., and was thereto subwdbed by authority of said By. Lava and in deponent's presence. Notarial Seel 04--w RY KATHERINE PUBLIC J. F ADELAAR WJE NOTT9�y FUBUC OF NEW JERSEY C No 2316685 Notary Public -.,mmig§I ®n blues Juiy, 16, 2014 CERTIFICATION Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following oNlcam: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secrelary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appolnling Assistam Sacmiades er Attomeys- in- Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of anamey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cartifled by such facsimile signature and lacsimlle seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies°) do hereby certify that (f) the foregoing extract of the By. laws of the Companies is We and coned, (fl) the Companies am duty licensed and authorized to Ramat surety business in all 50 of the United Slates of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren. NJ this July 7, 2011 n � Z ° Y '� � • r+'n\ a 0 Mao,h� d ° 4tW taw~ Kenneth C. VTeW. Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e -mail: surety ®chubb.com Form 15-10- 02250- U (Ed. 5- 03) CONSENT City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: Bidder �— uthonze ignature/Title 8 City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Dates: From 7JD00t To: ZO l Agency Name 0A , aL L� Contact Person j� 2At 1 1 .1UU� Telephone .30-10W Original Contract Amount $Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. I.] No. 2 Project Name /Number Project Description Approximate Construction Dates: From ?—o t l To: Z-011 Agency Name Contact Person A..t h,! dk) '. 1tiYV1 Telephone 061)266-1713 Original Contract Amount $ (3.16 Final Contract Amount $ 3.1 M, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. r a' No. 3 Project Name /Number Project Description Approximate Construction Dates: From ZZ1C) To: zo ( I Agency Name Contact Person Original Contract Amount $ L.Final J=elephonew) ract Amount $ Z If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /I Project Descrif Approximate C Agency Name Contact Persoi Original Contr If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate C Agency Name Contact Person Telephontos `3 f z -Z3 (P 4' Original Contract Amoun l . t5M Final Contract Amount $ l 't904 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Numbe Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $UMFinal Contract Amount $ 0 .4 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Off Bidder ~�— uthori SiQnature,TtIe / J 12 MICHAEL M.SABZEROU 5 Medici Aisle Irvine, California 92606 (949) 387 -7700 Professional Experience: Project Manager /Operations Manager/Vice President (2000 -Now) Environmental Construction, Inc., Woodland Hills, California. A growing General Engineering /Landscaping Contractor with over $25 Million in annual volume. Position involves: • Planning, directing, and coordinating activities of various engineering, landscaping(including native planting and restoration) projects to insure that aims, goals and objectives specified for each project are accomplished in accordance with prescribed priorities, time limitations, and funding conditions. • Reviewing project documents to ascertain time frame and funding limitations; determining methods and procedures for accomplishment of project, staffing requirements, and allotment of funds to various phases of projects. • Developing staffing plan, recruiting or requesting assignment of personnel according to staffing plan; and conferring with staff to outline project plans. • Supervising, directing and coordinating activities of project through delegated subordinates; establishing budget control system for controlling expenditures; and reviewing project schedule and reports on the status of each phase. • Managed projects include: Bishop Canyon Landfill (Park, Site development, Native planting and restoration). Rio Hondo (Landscaping native plants and restoration). Sulfur Creek Improvements (Earthwork, Native landscaping and restoration). Project Manager /Senior Project Manager/Director of Project Management (1996 -2000) Valley Crest, Inc., Santa Ana, California. Position involved the same responsibilities as stated above, including the following: o Planning, staffing, developing and establishing policies and objectives of project management department; coordinating functions and operations between divisions and departments; and establishing responsibilities and procedures for attaining objectives; reviewing activity reports and financial statements to determine progress and status in attaining objectives. o Managed various landscaping, native planting and restoration for University of California, Irvine Campus, Shea.Homes and Lennar Homes Project Manager /Senior Project Manager (1991 -1996) Terra-Cal Construction, Inc., Baldwin Park, California. Responsibilities were as stated above. Project Manager /Operations Manager/Vice President (1983 -1991) Moulder Bros. General Contractors, Glendale, California. In addition to the above responsibilities, supervised and directed field and office operations. Managed various landscaping, native planting and restoration for Getty Museum, and State of California Education: Bachelor of Science -Civil Engineering (Spring 198 1) California State University, Los Angeles. Computer Skills: Expedition 8.0, Primavera P3, Sure Trak, Microsoft Project, word and Excel Valley Crest: List of major Projects directly managed or supervised project managers and project engineers. Col. Bill Barber Park ($6.5 Million), Harvard Park ($1.5 Million), Harvard Landscape Spine ($1.7 Million) City of Irvine (Included native planting and Restoration). UCI Slope Restoration) (1.1 Million), University of California (Project was all native planting and restoration).Valencia Park, Comstock Park, Sector I, Neighborhood Park, Sector I & II, Streetscapes ($4.8 Million) Irvine Company. Pathfinder Park ($3.7 Million) County of Los Angeles. Glendale Sports Complex ($6.8 Million) City of Glendale (Included Native planting and restoration). McPherson Sports Complex ($3.5 Million) City of Orange. Pier Plaza ($3.3 Million) City of Huntington Beach. Wood field/Springdale Parks ($2.5 Million), AV -40 Streetscape ($1.3 Million) Shea Homes (Included native planting and restoration). Terra -Cal Construction: Conejo Park ($4.5 Million) City of Conejo. Various Metro Link Stations ($1.0 Million to $2.5 Million). Chino Hills Park ($1.5 Million) City of Chino Hills. Various Freeway Improvements ($1.0 Million to $2.8 Million) State of California. Moulder Bros. Contractors: Downtown Improvements ($5.8 Million) City of Manhattan Beach. Getty Museum Slope Restoration (2.7 Million of native planting and restoration).Cerritos Sports Complex ($4.3 Million), Cerritos Auto Square ($1.3 Million) City of Cerritos. Brand Blvd. /Central Avenue/Maryland Avenue Improvements ($6.5 Million) City of Glendale. Downtown Improvements ($4.3 Million) City of Redlands. Alhambra Auto Row ($2.4 Million) City of Alhambra. Burbank Mall ($2.8 Million) City of Burbank. Lambert Street Improvements ($2.4 Million) City of Brea. City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 NON - COLLUSION AFFIDAVIT State of California ) ss. County of 11 1s�� ) 1 / tpQl, u Nod lizu .� beni first duly sworn, deppo s an s s that he or c;ae is �Rlf+i li JLiL, of L�ua I-h 0 Jrvi !uxhe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I d Clare under penalty of perjury of the laws of the State of California that the foregoing-Ls true and correct. • �tCl Bidder thorize tr u re/Title S Subscribed and sworn to (or affirmed) before me on this-1--day of 2011 r by �1K I A) 60 16U& proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. 13 the laws of the State of California that the Notary Public My Commission Expires: —l4' 12 BEVERLY PARKS [SEAL] Commission # 1806841 <Notary Public - California Los Angeles County Comm. Expires Jul 19, 2012 13 the laws of the State of California that the Notary Public My Commission Expires: —l4' 12 CALIFORNIA 9S 9r. ]v ?]�✓ 1cL.N -'n? :]v!�?ny. i \��nCG> G)1 '�I.i..: Av.G: �:T .cT. .G)u ST Y]a. !� �.,.G]4� State of California County of _T oS- Angeles On before me, Bever y Parks, Notary Pnh] i c na!e Here Insert Name an Ile of iha Olikar personally appeared N e s o i e) BEVERLY PARKS Commission X 1806841 Notary Public - California Los Angeles County My Comm. Expires Jul 19, 2012 Place No1ery Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Signature OPTIONAL. hand and Though the Information below is not required by law, it may prove valuable to persons relyiay on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT-THUMBPRINT OFSIGNER 0 Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General • Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator ❑ Other: Signer Is Representing: +/C.',✓GY:�t/4``✓�C�q<(-- //�'✓� <UGVC %<(�:�!1��<Lt/,<�:LG ✓. ^V« ✓< </<�`l<�YQ• ✓ <�JCV< <d«,4L,C L>'✓, <VGd,G L, �.� ' / /<' 1 q %GL <L,CL.<L,<CUGV City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Bidders nam Contract No. 3780 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and Ponds (list by insurance /bond type): MW 02 MMW M 31 r� Ci-1c iman �scr� 412e -OaVp 14 Ire City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name C�Wkn �tVU rx5LL 0 EN IS � t Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts LP Z 10 10 8 58 Total dollar Amount of Contracts (in Thousands of $ LFOOb ISOO I60oo k00W Ion ao00 LeSboD No. of fatalities G © d� No. of lost Workday Cases © f� No. of lost workday cases involving permanent O 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: ZIS5 Business Tel. No.: (816) 44Q State Contractor's License No. and Classification: WV Title ofc The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signatu bi Signatu bi Signatu bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partners /joint ventures submit with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 n n• _ a:..ne • �. os :v>:av!-aC a � � nvnsz>S., nS�n. a. �eC�e� . ¢, g e• a State of California County of T nc AntPl ca On before me, Beverly Parks, Notary Pahl; Data Here Insert Name an tie of the OHmer personally appeared Name s o ene s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/herRheir signature(s) on the BEVERLY PARKS instrument the person(s), or the entity upon behalf of Commission # 1806841 which the person(s) acted, executed the instrument. F; -o Notary Public - California § ' - Los Angeles County ' My Comm. Expires Jul 19, 2012 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES "hand ia eel. Signatur Place Notary Seal Above Slgna re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner —❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator . ❑ Other: Signer Is Representing: r.�c�,c. Ica:, �c ic: �' U: �rvn✓ e�eiec�c�, c�< �e:< �r✓ c�cue� ✓, <`,e� «.e`,c.U<se:�s.�e� ^� «. '-� :�e`,c.�r� <:�c:�ccUCV «,cve.0 „ M.1 711. City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received gDat 000- Z -II -lI 17 City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation:1�1.V Business Telephone and Fax Number: (06) t1lW- California State Contractor's License No. and Class: �i-0lacaz� Q.3 022 F-FI� (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: l- 1�1— 1�5 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Teleohone Corporation organized under the laws of the State of in The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, Have you ever failed to complete a project? If so, explain. I n For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labayCgmpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes C� 19 Are any claims or actions unresolved or outstanding? Yes If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. (Print name of Owner or President :..- Date On bef re me, , Notary Public, appeared , who proved to basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the behalf of which the person(s) acted, executed the instrument. personally me on the the within authorized entity upon I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BEVERLYPARKS (SEAL) Commission # 1806841 Notary Public in a d for said Stale I •'�� Notary Public - California = Los Angeles County £ My Comm. Expires Jul 19, 2012 My Commission Expires: — �� —��� Kill City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND o FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach LOUVER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and Environmental Construction, Inc., a California corporation ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of two Project Tasks and all other incidental work items necessary to complete the work in place. Project Task 1 work includes clearing and grubbing; dewatering and controlling surface water; construction surveying; preparing and implementing SWPPP; potholing; constructing rock - filled gabion grade control structures, bendway weirs, subsurface wetlands, construction road, and gravel pad; placing unclassified fill; water quality monitoring; installing perforated and non - perforated polyvinyl pipe systems; controlling sediment and erosion; securing a material layout area; providing traffic control submittals, water diversion plans, and dust control plans; and all other work as required to bring the channel and the proposed subsurface wetland into readiness to accept storm water flows. Project Task 2 work includes fine grading; installing various California native plant materials; hydroseeding; installing temporary irrigation system; weed killing; 120 -Day Maintenance and Plan Establishment Period, and all other work items to complete the project in place. QM4111INVA ►[N 2.9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide construction survey services that are required to construct the improvements. The Contractor shall be aware that the existing topography may vary from the topography shown on the plans. Any discrepancies that affect the construction of the project improvements shall be brought to the attention of the City prior to construction. The design surveyor for this project is RBF Consulting (Bill Cox) and can be contacted at (949) 472 -3505. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work 22 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3780, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, One Hundred Eighty -Eight Thousand, Five Hundred Fifty -Eight and 36100 Dollars ($1,188,558.36). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 23 E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Iris Lee (949)644-3323 Environmental Construction, Inc. 21550 Oxnard Street, Suite 1050 Woodland Hills, CA 91367 818 - 449 -8920 818- 703 -9073 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C, Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or 24 rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 25 C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. I:I:1 j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project 27 (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. rim IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE- F THE CITY ATTORNEY Date: Lennie Mulvihill r. Assistant City Attorney V Wb ATTEST: �I II Date�p6qU �If/ kmfv-- Leilani I. Brown City Clerk /m—fta�- 1041 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter City Date: / /J By: / "''n Mich�del F. Henn Mayor ENVIRONMENTAL CONSTRUCTION, INC. A California corporation (Co... e • Title: President Print Name: Farid Soroudi Date: CLIAO . 'ZZ. -?.D I I By: (Fina Officer) Title: Secretary Print Mol : Farid Soroudi Date: .2z PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT Bond No. 821.9 -64 -23 TO ADJUSTMENT BASED ON FINALCONTRACTPRICE Premium: $13,190.00 Executed in Two Originals City of Newport Beach LOWER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 BOND NO. 8219-64-23 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 13 190.00 being at the rate of $ 14.40 for the first $500 thousand, thousand of the Contract price. $8.70 for the next $2 million WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Environmental Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of LOWER BUCK GULLY CHANNEL RESTORATION PROJECT, Contract No. 3780 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3780 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Vigilant Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Eighty -Eight Thousand, Five Hundred Fifty - Eight and 36100 Dollars ($9,188,558.36) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 30 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond_ Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the I7th day of August , 2011. 1 Environmental Construction, Inc. (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212) 612 -4000 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED 31 nature/Title Agent Signature Stephanie Pham, Attorney -in -Fact Print Name and Title AND SURETY MUST BE (CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of T OSANGEIES On ZZ 7,L before me, BEVERLY PARKS, NOTARY PURT.TC (Here insert name and title of the officer) personally appeared FARID SOROUDI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my haN and official seal. BEVM Y ARKS PCommi41 34 nia € n 2012 (Notary Seal) - ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgment form most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instancar, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage over nut require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized copocty of the signer). Please check the document carefidly for proper notarial wording and altach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshchliey,- is /are ) or circling the correct forms. Failure to correctly indicate this information may load to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment fomr.- • Signature of the notary public must match the signature on file with the orrice of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT :�C<:Ci.�C.c;�`..^��L%Z���.�`�' _-� -�_ �' �' �i74 `�l'�C.`�i:'Ci7CC7Cti�C:`�i'Ctr _ice.. " �t: �c'` Ci�G'` �ti` �4` �f'. Y. E`) �`Ct:`�^�.^i`�.`Z`�(:`�t��`•4�C STATE OF CALIFORNIA County of nOrange On 1 I k1 before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Pham Names, of Sfgner(s) OPTIONAL Thou_oh the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— Cl Limited ❑ General ® Attorney in Fact ❑ Trustee e ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ?2007 Wwal Notary A-nM* m•e350 Do Sm•,0..c,P0 &n 2a42•Charsvmth,CAa/313.24,V.• uw..A.,l oc. 4 laryrlq hornM 07 n -ow,,c C,!� 7'11-Roe 14900.976.6821 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that #a/she/they executed the same initis/her/their authorized capacity("), and that by his/her /their signature(&) on the instrument the person(s), or the entity upon behalf of which the persons) _ IRENE LUONG acted, executed the instrument. Commission # 1803838 Z I certify under PENALTY OF PERJURY under the laws of Notary Public - California the State of California that the foregoing paragraph is true Orange County and correct. My Comm. Expires Mar 22, 2014 Witness my hand a offic' I s al. Signature Place Notary Seal Above signeturc of Notary Public OPTIONAL Thou_oh the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— Cl Limited ❑ General ® Attorney in Fact ❑ Trustee e ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ?2007 Wwal Notary A-nM* m•e350 Do Sm•,0..c,P0 &n 2a42•Charsvmth,CAa/313.24,V.• uw..A.,l oc. 4 laryrlq hornM 07 n -ow,,c C,!� 7'11-Roe 14900.976.6821 See Attached ACKNOWLEDGMENT vv vvvvvvvva avvv v vv vvvvaevvvvv voevvvvvvvvvcvavvvv vvavovvvuvvvvvvvavaavv v aavvvv.. State of California County of On personally appeared ss. before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her/thei�/signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of thg State of California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature (seal) ooeeeeeoe0000000000aeaooa000e ao ao ooavara0000aoaooavaoeeeevev.... a aaaaaaaavaaaaal Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evid Personally Known Paper Idenfficatio Credible Witness(. Identification INFORMATION Capacity of Signer: _ Trustee - Power of Attorney _ CEO /CFO /COO _ President / Vice - President /Secretary / Treasurer Other: Other Information: 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .aa ...............a a c a...................0........ an... v.. a s a. a s a....... a. a aaar State of California County of ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) .... a s v. a.. v.. a c. a..... a.... a..... a ............. a.... a a a a.. a a a a a c. a a..... a a a or INFORMATION Dale of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evides'ce: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: t*ILT -i 33 Thumbprint of Signer Check here if na thumbprint or fingerprint is available. Bond No. 8219 -64 -23 Premium listed on perfonnance bond Executed in Two Originals City of Newoort Beach LOUVER BUCK GULLY CHANNEL RESTORATION PROJECT Contract No. 3780 BOND NO. 8219 -64 -23 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Environmental Construction, Inc., hereinafter designated as the "Principal," a contract for construction of LOWER BUCK GULLY CHANNEL RESTORATION PROJECT, Contract No. 3780 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3780 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Vigilant Insurance Company duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Eighty -Eight Thousand, Five Hundred Fifty -Eight and 36 /00 Dollars ($1,188,558.36) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. . THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of, time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17th day of August . Y011. Environmental Construction, Inc. (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212) 612 -4000 Telephone Stephanie Pham, Attomey -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANcErEs before me, BEVERLY PARKS, NOTARY PURT T(- (Here insert name and title of the officer) personally appeared FARID SOROUDI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. (Notary Seal) RKS 1806841 Zi7EF;� California County £ ,a ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Panner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Vcmion CAPA vl2.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mist contain verbiage comedy as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fur a notary in California ri.e. certifying the authorized capaciq, of the signer). Please check the document carefullyfor proper notarial warding and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forts by crossing off incorrect forms (i.e. he /shekbeyr is lase ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form.- • Signature of the notary public must match the signature on fide with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On e) _ before me, Irene Luong, Notary Public Date Here Insert Name and Title rt the Oflicer personally appeared Stephanie Pham Name(s) of Signer(s) y]- IRENE LOONG M Commission # 1883638 z a ®, p Notary Public - California z Z Y Orange County D ?ty Comm. Expires Rlar 22, 2014 Purse Notary Sea, Au u who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is /are subscribed to the within instrument and acknowledged to me that fee /she/they executed the same iniiis /her /their authorized capacity(ies), and that by kris /her /their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a , iitffic I Ste Signature " ;2 -Z I! Signature of Notary PuUlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited ❑General ® Attorney in Fact ❑ Trustee - ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • - ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: : rct: �icL" �t�t: ��i�: �.' r- c�• v� .�ci?�.�:`Ci?c..'?��ti�.'Ce:�' cis' cii�` �c�. �. CC. ri- ci;�°•i.�:�i;�:€:S�i�'t�"'�i:�5 �!2M/Y1lronal NS.ary Ax:'..::ialan•9150 De Soto A, ^.P.C. So. 2a2- ChalrrXrtb. CA 91313- 2402•w «, +' Nal onzlN, lary.org Ilo'n 9;;907 now l.r Ce11- .'I.Fre, 1.898$76.6827 Chubb POWER Federal Insurance Company AUn: Surety Department . OF Vigilant Insurance Company 15 Mountain View Road —_ Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Eric Lowey, Stephanie Pham and Mark Richardson of Costa Mesa, California---- - - - - -- each as their True and lawful Attorney. In. Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise. bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) glven or executed in the course of business. and any Instruments amending or sharing the same, and consents to the modifeation or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day of January, 2010. enne h C. andarAssIllant Secretary STATE OF NEW JERSEY as. Norris, Jr., Vice Presl County of Somerset On this 15th day of January, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Pourer of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority: and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and in deponenl's presence. Notarial Seal mtww 15ATHERINE J. AOEIAAR NOTARY RUBUC OF NEW JERSEY ' /N9 2316665 Notary Public C9FABils§IOff ettplrm July 16, 2014 CERTIFICATION Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective deslgnallons. The signature of such ogicers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vim President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys. in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of anumoy or "Allicate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company win respect to any bond or undertaking to which It Is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies' do hereby certify that (f) the foregoing extract of the By- Laws of the Companies is true and correct, (If) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in Amedcon Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney is true, correct and in lull lorce and effect. Given under my hand and seals of said Companies at Warren, NJ this August 17, 2011 i 5 r Kenneth C. VlchW. Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM. VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903.3493 Fax (908) 903- 3858 e -mail: sure"chubb.com Form 15 -10- 02250- U (Ed. 5- 03) CONSENT See Attached ACKNOWLEDGMENT 0 oo.. e a o a a e a v v o m o o o o o o o o e v o e o e o a o o o o o o e o o o v a a o o v e v e o n o o o o o e o o a s o o o v o o e o o o a vav� State of California County of ) ss. On Public, personally appeared before me, proved to me on the basis of satisfactory evidence to be the I subscribed to the within instrument and acknowledged to me same in his /her /their authorized capacity(ies), and that by hi: instrument the person(s), or the entity upon behalf of which tJti instrument. / I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct_ WITNESS my hand and official seal. Signature Notary / ,who irson(s) whose name(s) is /are hat helshe /they executed the her /their signatures(s) on the person(s) acted, executed the of the State of California that the (seal) aeveveeeevvvvvvvvv vovveavvavvvvavvoeveeovvoeavvvv nvv evoovevvveevvvvaevvvevovve, INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Eviden�e: _ Personally Known v+nth Paper Identification Paper IdenlificationL_ Credible W itness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 36 Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1 1 4 L1111TUQ�wOM LOWER BUCK GULLY CHANNEL RESTORATION PROJECT CONTRACT N . �37)80,10 DATE: July 8, 2011 BY: Public Works Director TO: ALL PLANHOLDERS ENGINEER'S ESTIMATE 1. Revise Engineer's Estimate from $1,350,000 to $1,450,000. SPECIAL PROVISIONS 2. Remove Section 9; (pp 11 -14) of the Special Provisions and replace with ADDENDUM NO. 1: SECTION 9 — MEASUREMENT AND PAYMENT (attached). 3. Remove Section 300 -4.1, page 22 of the Special Provisions and replace with: "300 -4.1 General. Add to this Section: Unclassified fill material shall be approved by the Engineer. The City will provide geotechnical inspection and compaction testing. It shall be the sole responsibility of the Contractor to provide all required labor, equipment, materials and methods to accomplish the work in accordance with applicable grading codes, agency ordinances, these Technical Specifications, the Standard Specifications and the approved Drawings. If, in the opinion of the Geotechnical Inspector, unsatisfactory conditions, ' such as questionable soil, poor moisture condition, inadequate compaction, adverse weather, etc.:, are resulting in a quality of work less than required in these Technical Specifications, the Geotechnical Inspector will be empowered to recommend to the Engineer that the work be rejected and the construction be stopped until the conditions are rectified." \ \cnb- 2005 \users\pbw \shared\contracls \fy 11 -12 \buck gully diannel restoration c- 3780 \contract addendum\addendum- 1.doc ADDENDUM NO. 1: SECTION 9 - MEASURE AND PAYMENT, SHEET 1 OF 5 ADDENDUM NO. 1: SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: PROJECT TASK 1 ITEMS: Item No. 1: Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; temporary installation and maintenance of public restroom facilities, preparing and implementing SWPPP or BMP Plan, compliance with GCP requirements, construction signage, and construction and material delivery schedule; coordinating with other agencies and utilities; notifying businesses and residents; attending all coordination meetings; and keeping photographic and video records of project site; and all other related work as required by the Contract Documents. Item No. 2: Traffic Control: Work under this item shall include, but not limited to, delivering all required notifications and temporary parking permits; posting signs and all costs incurred to notify residents and businesses; preparing a storage /layout area plan and water diversion plans; and preparing /providing all required submittals. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer and providing the traffic control per W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, and flagpersons. Item No. 3: Pothole Existing Sewer Lines: Work under this "Item shall include, but not limited to, potholing the existing sewer lines within the project limits prior to construction. Each utility line shall be potholed a minimum of two (2) locations. Locations shall be coordinated with the City prior to the work being completed. Work under this item shall include providing all material, labor and equipment necessary to perform the work required. Item No. 4: Construction Survey: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2 -9. Item No. 5: Clearing and Grubbing: Work under this item shall include, but not limited to, applying herbicide; removing and disposing of all trees, bushes, shrubs, stumps, roots, arundo rhizome, fences, concrete, pipe or interfering portions thereof, and any other native or non- native material to accommodate the project improvements as required to complete the work in place. The item also includes protecting items in place including and not limited to trees and sewer lines per construction drawings. Item No. 6: Unclassified Excavation: Work under this item shall include, but not limited to, removing and disposing of all excavated materials, less the removals and excavation work specified in other items of work, necessary to accommodate the project improvements as required to complete the work in place. ADDENDUM NO. 1: SECTION 9 - MEASURE AND PAYMENT, SHEET 2 OF 5 Any increases or decreases in quantity under this item shall not result in renegotiation of unit price. Item No. 7: Construction Road: Work under this item shall include, but not limited to, identifying a proper location for construction road, grading of construction road; filling support slope; and providing and installing crushed miscellaneous base, unclassified fill, rock, and any material as required to complete the work in place. Location of construction road shall require the approval of the Engineer. Any relocation or adjustment of construction road or fill slope to accommodate project improvements shall be included in this payment item. The Item also includes removal of the crushed miscellaneous base on construction road upon completion of work, revegetation of the graded area, and removal and replacement of the existing fencing. All labor, material, and equipment used for this payment item shall not be paid under a separate payment item. Item No. 8: Gabion Grade Control Structures: Work under this item shall include, but not limited to, constructing the galvanized and PVC coated rock - filled gabion grade control structures per the limits and details on the drawings including, but not limited to, excavating, grading, controlling ground or surface water, backfilling, compacting, submitting manufacturer's layout sheets, removal, abandoning or protecting interfering portions of existing utilities or improvements, providing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Any increases or decreases in quantity under this item shall not result in renegotiation of unit price. Item No. 9: Subsurface Wetland: Work under this item shall include, but not limited to, installing Ecorain tank system and all connecting 6 -inch perforated and non - perforated polyvinyl chloride (PVC) pipes per the limits and details on the plans including, but not limited to, excavating, controlling ground or surface water, placing bedding, filling of tank units with filtration materials per the limits and details on the plans, backfilling, compacting, providing fasteners, wire ties, connections, geotextile filter fabric, metallic locator tape, removing, abandoning or protecting interfering portions of existing utilities or improvements, furnishing and installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Item No. 10: Bendway Weir Structures: Work under this item shall include, but not limited to, constructing the rock bendway weir structures per the limits and details on the plans including, but not limited to, excavating, controlling ground or surface water, backfilling, placing crushed rock, benching, grading, placing of unclassified fill for this payment item, placing of top soil, compacting, controlling erosion on disturbed slopes; removing, abandoning or protecting interfering portions of existing utilities or improvements; furnishing /installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Any increases or decreases in quantity under this item shall not result in renegotiation of unit price. Item No. 11: Unclassified Fill, Imported: Work under this item shall include, but not limited to, furnishing and placing unclassified fill per the limits shown on the drawings but not covered under another payment item, excavating, hauling, and stockpiling of imported borrow, controlling ADDENDUM NO. 1: SECTION 9 - MEASURE AND PAYMENT, SHEET 3 OF 5 ground or surface water, preparing subgrade, benching, placing fill, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Any increases or decreases in quantity under this item shall not result in renegotiation of unit price. Item No. 12: Unclassified Fill, Native: Work under this item shall include, but not limited to, relocating and placing native unclassified fill (excavated from within the limits of the project) per the limits shown on the drawings but not covered under another payment item, excavating, hauling, and stockpiling of borrow, controlling ground or surface water, preparing subgrade, benching, placing fill, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Any increases or decreases in quantity under this item shall not result in renegotiation of unit price. Item No. 13: No. 4 Gravel Backfill: Work under this item shall include, but not limited to, furnishing and placing No. 4 gravel backfill and filter fabric per the limits and details on the plans, excavating, controlling ground or surface water, backfilling, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 14: Loose Riprap: Work under this item shall include, but not limited to, placing loose riprap, gravel, and filter fabric per the limits and details on the plans, excavating, controlling ground or surface water, backfilling, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 15: Repave and Repair Public Access Road: Work under this item shall include, but not limited to, repaving the public access road and repairing any damage to the road during the project construction. The work shall include joining existing surfaces, grinding failures, and a 1.5 -inch overlay. Repairs shall be made after completion of Project Tasks 1 and 2, and shall include all material, labor and equipment necessary to perform the work required. Item No. 16: No Trespassing Sign: Work under this. item shall include, but not limited to, furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item to furnish and install signs as specified in these construction documents including excavation and backfill. The exact placement of the sign shall be directed by the Engineer at the Project site. Item No. 17: As -Built Drawings: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for. marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings for all work under this Contract. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. ADDENDUM NO. is SECTION 9 — MEASURE AND PAYMENT, SHEET 4 OF 5 PROJECT TASK 2 ITEMS Item No. 18: 15- Gallon Plant Material: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing 15- gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 19: 1- Gallon Plant shrub: Work under this item shall include, but not limited lo, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing 1- gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 20: Rooted Cutting Plant Material: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 21: Fine Grading & Hydroseed: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals; procuring, approving, delivering, storing and broadcasting the hydroseed including virgin wood cellulose fiber, seed, mycorrhizl inocullum and hydroseed compost, top soil over fabric and fine grading around planting after performing all operations for weed eradication specified in these construction documents, and provide protection for plant material prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two -part seed application. Item No. 22: Two (2) cycles of pre planting and hydroseeding weed eradication: Work under this item shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work necessary under this item for irrigating all planted areas for 21 days to germinate weed seeds, application of approved herbicide and removal of dead weeds and disposal off -site. Item No. 23: Purchase Plant Material: This item is a budgeted amount for the purchase of 1- and 5- gallon plant material to be installed at the project site. This item is for the purchase and delivery of the plant material only. The type and number of plants shall be coordinated with the City. A budget amount of seven thousand five hundred dollars and no /100 ($7,500.00) shall be allocated for this item. Item No. 24: Install 5- Gallon Plant Material: Work under this item shall include, but not limited to, the installation of the 5- gallon plant material purchased under Item No. 23. Work under this item shall include full compensation for furnishing all labor, materials (except plant material), tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and ADDENDUM NO. is SECTION 9 — MEASURE AND PAYMENT. SHEET 5 OF 5 installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Exact placement of the plants shall be at the direction of the Engineer. Item No. 25: Install 1- Gallon Plant Material: Work under this item shall include, but not limited to, the installation of the 1- gallon plant material purchased under Item No. 23. Work under this item shall include full compensation for furnishing all labor, materials (except plant material), tools, equipment, and incidentals, and for doing all the work necessary under this item for providing plant and photographic submittals; procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Exact placement of the plants shall be at the direction of the Engineer. Item No. 26: Install Temporary Irrigation System: Work under this item shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work necessary under this item for providing a complete and operable irrigation system as specified in these construction documents including connecting to existing domestic water source and backflow preventer, layout, excavation, assembly, backfilling, testing and as- building of system for all piping, sleeving, ball valves, quick couplers, remote control valves, valve boxes, irrigation controller, all wire from controller to remote control valves, master valve and flow sensor. Item No. 27: 120 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, providing all material, labor and equipment necessary to perform the work required for plant establishment and plant maintenance as specified in these construction documents. This work shall not commence until Project Tasks 1 and 2 are complete as determined by the Engineer. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial. payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PROPOSAL 4. Replace PROPOSAL with ADDENDUM NO. 1: PROPOSAL. Replacement pages are attached to this Addendum No. 1. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in mmy� Proposal. Bidder's Name (Please Print) q- 62 l Date orizeoTignature & Title \\cnb-2005\users\pbw\shared\contractsVy 11-12\buck gully channel restoration c-3780\contract addendum\addendum- 1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. I: PROPOSAL LOWER BUCK GULLY CHANNEL RESTORATION PROJECT CONTRACT NO. 3780 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3780 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Qi � ollars and Cents $ d Per Lump Sum Lump Sum Traffic Control I @ A" -- t -A tars and Z£ Cents $ `i7r �)-ry Per Lump Sum 3. 4 E.A. Pothole Existing Sewer Lines @ F rTrZ Dollars and '>.1.d4. Cents $ 00 Per Each ADDENDUM NO. 1: PR 2 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Construction Survey.,¢ @ a.� QLy- —Dollars and 2.l fZ 0 Cents Per Lump Sum 5. Lump Sum Clearing and Grubbing p ollars and �G1W Cents $ Per Lump Sum 6. 500 C.Y. Unclassified Excavation @ > Dollars and %t,Lu Cents $ Per Cubic Yard 7. Lump Sum Construction Road Dollars and 2E�v Cents $ 7Td (2 Per Lump Sum B. 2600 C.Y. Gabion Grade Control Structures @ A--s Dollars and Cents Per Cubic Yard 2 EA. Subsurface Wetlan .� �1_� ,.,..._ Dollars and Cents Per/Each ADDENDUM NO. 1: PR 3 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 10. 100 C.Y. Bendway Weir Structures @ Dollars and 7 E4UC Cents $ [5-0 $ /T I'm) Per Cubic Yard 11. 2,000 C.Y. Unclassified Fill, Imported @ Dollars and 2f'4a Cents $ Ij_ $ �U Per Cubic Yard 12. 9,000 C.Y. Unclassified Fill, Native @ Dollars and 2ui-v Cents $ 3 Per Cubic Yard 13. 30 C.Y. No. 4 Gravel Backfill @ rL��^Dollars and 7_6LP Cents $ Ij z $ 9/o Per Cubic Yard 14. 160 C.Y. Loose Riprap @ • .( — ollars and Ztn . Cents $ lyi Per Cubic Yard 15. 7,000 S.F. Repave and Repair Public Access Road @ Dollars ` and 1(41 Cents 3 •)-b $ 24 5-V Per Square Foot °-- r ADDENDUM NO. 1: PR 4 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 E.A. No Trespassing Sign @ 1g40.k k11W4 Dollars ` and Zf�Za Cents $ (/�-c $ q0 C) Per Each 17. Lump Sum. As -Built @ Ten Thousand Dollars and Zero Cents $ 10.000.00 Per Lump Sum 16. 50 E.A. 15- Gallon Plant Material @ �u Dollars and Cents $ 0/ $ q1 I �� Per Each 19. 290 E.A. 1- Gallon Plant Shrub 20. 750 E.A. 21. 60,000 S.F @ Dollars and Cents Per Each Rooted Cutting Plant Material $ $ ),39-0 @r u L Dollars U and ` Cents $ y fZ $ Pe VE c Fine Grading & Hydroseed @ Dollars and c�rXu Cents Per Square Foot $ $ ..17 ro. �d ADDENDUM NO. 1: PR 5 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum. Two Cycles of Pre Planting and Hydroseeding Weed Eradication Dollars and Cents $ 3. c� Per Lump Sum 23. Lump Sum. Purchase Plant Material @ Seven Thousand Five Hundred Dollars and Zero Cents $ 7,500.00 Per Lump Sum 24. 100 E.A. Install 5- Gallon Plant Material @ &I lit— Dollars and 2f dv Cents $ /V $ /, qo Per Each 25. 75 E.A. Install 1- Gallon Plant Material @ LU - Dollars and 2_ Rdx Cents $ Per Each 26. Lump Sum Install Temporary Irrigation System @ 4&-A�F4( Ila s and Cents $ uoz Per Luffi Sum 27. Lump Sum 120-Day Maintenance and Plant Establishment @ N c> cYn A/ Dollars and e Cents Per Lump Sum ADDENDUM NO. 1: PR 6 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS v m and Cents $ Total Price (Figures) rDate Bidder id er's Telephone and Fax Numbers dder's Aut ze Signature and Title -71 ccn �ase`` G� ",%AcIbso BfoZL4 7. 7 _ l�la Qc>ticY dder's License No(s). Bidder's Address and Classification(s) 1 1 1 2 2 6 2 2 2 3 3 3 3 3 3 3 4 4 El 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LOWER BUCK GULLY CHANNEL RESTORATION PROJECT CONTRACT NO. 3780 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 2 2 6 2 2 2 3 3 3 3 3 3 3 4 4 El 0 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 9 7 -10.3 Street Closures, Detours, Barricades 9 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 10 7 -10.7 Notice to Residents and Temp Parking Permits 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 15 200 -1 ROCK PRODUCTS 15 200 -1.3 Gravel 15 200 -1.5 Sand 15 SECTION 206 MISCELLANEOUS METAL ITEMS 15 206 -8 GABIONS 15 206 -8.1 Gabion Materials 15 206 -8.2 Ecorain Tank Unit Materials 15 SECTION 207 PIPE 15 207 -17 POLYVWAL CHLORIDE (PVC) PIPE 15 207 -17 Perforated PVC 15 207 -25 POLYPROPYLENE PLASTIC UNITS 15 207 -25.1 Ecorain Tank units 15 SECTION 212 LANDSCAPE AND IRRIGATION MATERAILS 15 212 -1 LANDSCAPE MATERIALS 15 212 -1.1 Topsoil 15 212 -1.1.1 General 16 212 -1.2 Soil Fertilizing and Conditioning Materials 16 212 -1.2.4 Organic Soil Amendment 16 212 -1.2.5 Mulch 16 212 -1.4 Plants 17 212 -1.4.1 General 17 212 -1.4.7 Hydroseed Materials 18 212 -1.5 Headers, Stakes and Ties 20 212 -1.5.3 Tree Stakes 20 212 -1.6 Herbicides and Pesticides 20 SECTION 300 EARTHWORK 22 300 -1 CLEARING AND GRUBBING 22 300 -1.3 Removal and Disposal of Materials 22 300 -1.3,1 General 22 300 -1.5 Solid Waste Diversion 22 300 -4 UNCLASSIFIED FILL 22 300 -4.1 General 22 300 -12 GABION GRADE CONTROL, AND ROCK BENDWAY WEIR STRUCTURES 23 300 -12.1 General 23 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 23 308 -1 GENERAL 23 308 -2.5 Weed Abatement Prior to Planting and Hyrdroseeding 23 308 -2.65 Exotic Vegetation Control 24 308 -4 PLANTING 24 308 -4.1 General 24 308 -4.5 Tree and Shrub Planting 26 308 -4.6 Plant Staking and Guying 28 308 -4.6.1 Seed 28 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 29 308 -7 GUARANTEE F: \Users \PBW\Shared \Contracts \FY 10 -11 \Buck Gully Channel Restoration C-3780 \SPECS INDEX C -3780. Doc 32 SP 1 OF 32 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS LOWER BUCK GULLY RESTORATION PROJECT' CONTRACT NO. 3780 Funding for this project has been provided in full or in part through an agreement with flit= St6t4 Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resource Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation use. INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5355 -S, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Latest Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009), including supplements; Orange County Public Works Standard Plans (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of two Project Tasks and all other incidental work items necessary to complete the work in place. Project Task 1 work includes clearing and grubbing; dewatering and controlling surface water; construction surveying; preparing and implementing SWPPP; potholing; constructing rock - filled gabion grade control structures, bendway weirs, subsurface wetlands, construction road, and gravel pad; placing unclassified fill; water quality monitoring; installing perforated and non - perforated polyvinyl pipe systems; controlling sediment and erosion; securing a material layout area; providing traffic control submittals, water diversion plans, and dust control plans; and all other work as required to bring the channel and the proposed subsurface wetland into readiness to accept storm water flows. Revision Date: 6/20/2011 SP2OF32 Project Task 2 work includes fine grading; installing various California native plant materials; hydroseeding; installing temporary irrigation system; weed killing; 120 -Day Maintenance and Plan Establishment Period, and all other work items to complete the project in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize!follow the existing City survey records used for the project design to provide construction survey services that are required to construct the improvements. The Contractor shall be aware that the existing topography may vary from the topography shown on the plans. Any discrepancies that affect the construction of the project improvements shall be brought to the attention of the City prior to construction. The design surveyor for this project is RBF Consulting (Bill Cox) and can be contacted at (949) 472 -3505. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 Revision Date: 6120/2011 SP3OF32 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. Unless otherwise noted, the Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements and subsurface conditions for the placement of Unclassified Fill. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. The contactor shall protect the existing sewer lines in place. The sewer lines shall be potholed by the Contractor prior to construction. Each line shall be potholed at a minimum of two (2) locations, and shall be coordinated with the City. The results of the pothole data shall be provided to the City prior to construction. No material may be stockpiled above the sewer lines. Any damage to the existing sewer lines shall be the sole responsibility of the Contractor including all other losses that may occur as a result of the damage." Revision Date: 6 120/2011 SP4OF32 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall contact Southern California Edison, The Gas Company, AT &T, cable television, and other utilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities- 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, all submittals, including the Stormwater Pollution Prevention Plan, are received and approved, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 80 consecutive working days after the date on the Notice to Proceed and all required regulatory agency permits have been issued to the City. The maintenance and plant establishment period is 120 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Replace subsection 6 -7.2 3) with the following: "any City holiday, defined as January 1s',t the third Monday in January (Martin Luther King Day), the third Monday Revision Date: 6/2012011 SP5OF32 in February (President's Day), the last Monday in May (Memorial Day), July 4'h, the first Monday in September (Labor Day), November 11`n (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24'h, (Christmas Eve — half day), December 25th (Christmas) through January 1st, If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. Note that Saturdays not are considered working days. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for Saturday from 8:00 a.m. to 6 p.m. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above, except for pumping operations for water control. Dewatering activities may begin at 6:00 a.m. at the request of the Contractor if "silent" pumps are used. Dewatering equipment set -up must be completed the day prior to pumping activities to minimize noise impacts. Maximum decibel level shall be less than 55 dba at a distance of 50 feet from the pumps. Contractor's ability to start pumping at 6:00 a.m. may be revoked by the City. Additionally, as this is a residential area, unnecessary noise shall be avoided. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of two thousand two hundred fifty dollars and no /100 ($2,250.00). Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that two thousand two hundred fifty dollars and no /100 ($2,250.00) per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." Add the following after the second paragraph: "During the 120 -Day Maintenance and Plant Establishment, if the site is not weeded within one week of achieving the Weed Control criteria specified in Section 308 -6, a penalty of liquidated damages equal to five hundred dollars and no /100 ($500.00) per day will be imposed on the Contractor by the City after the seventh day." Revision Date: 6120/2011 SP6OF32 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime or Saturday work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402." The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements and subsurface conditions for the placement of Unclassified Fill. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "All steel plates utilized be the slip resistant type per Caltrans Standards. In addition, steel plates be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. 7 -8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Add to this section: "For this project, the City has prepared the application for coverage under the Construction General Permit (CGP) as specified by the State Water Resource Control Board (State Water Board) Order No. 2009 - 0009 -DWQ. The Contractor shall comply with the provisions and requirements of the CGP. A copy of this permit and related documents /attachments may be found on the internet at: Revision Date: 6120/2011 SP7OF32 http: / /www.swrcb.ca -qov /water issues / programs /stormwater /constDerm its. shtml The Contractor shall prepare and a site - specific SWPPP, prepared by a Qualified SWPPP Developer (QSD) as defined by the CGP and submit the SWPPP to the Engineer. The SWPPP shall include the information needed to demonstrate compliance with all the requirements of the CGP. The City will submit the approved SWPPP to the State Water Board as part of the permit registration document package. Note that no construction activity shall be allowed until the State Water Board approves the permit package. The SWPPP shall be developed and updated using Section 2 and Appendix B of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook Web Portal for Construction. The CASQA Construction BMP Web Portal can be accessed at the following link: https:// www. casga. org/ LeftNavigation /BMPHandbooksPorta1 /tabid /200 /DefauIt.aspx The Contractor shall amend the SWPPP as needed during the course of work to reflect actual construction progress and construction practices. The Contractor shall designate a Qualified SWPPP Practitioner (QSP), as defined be the CGP, who will be responsible for compliance with CGP requirements on the project at all times. The SWPPP shall not be construed to be a waiver of the Contractor's obligation to review and understand the CGP before submitting a bid. By submitting a bid, the Contractor acknowledges that he has read and understands the requirements of the CGP. The Contractor shall be responsible for providing all reports required by the CGP (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the Engineer for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is available. All other reports shall be provided to the Engineer a minimum of two weeks prior to their deadline for submittal to the State Water Board. Full compensation for conforming to the requirements of CGP shall include, but not be limited to, the following: 1. Develop a SWPPP to conform to a Risk Level 2 and the Contractor's actual construction practices. 2. Administer, implement, maintain, and ensure adequate functioning of the various water quality control measures identified within the SWPPP during construction including all Numeric Action Level (NAL) and Numeric Effluent Limitation (NEL) sampling, monitoring and reporting requirements statutorily required for the determined Risk Level of the PROJECT site. These tasks must be performed by the QSP. 3. Provide and maintain all documentation at the jobsite and administration for the entire Contract period. 4. Perform all work required for compliance with the requirements of the CGP including preparation of all Rain Event Action Plans and construction of effective treatment control BMPs. 5. Provide all labor, tools, equipments, and materials for any additional BMPs which may be required to comply with the requirements of the CGP. Revision Date: 6120/2011 SP8OF32 Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A2,3 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Contractor access to the project site shall be along the existing public access road at the corner of Ocean Boulevard and Poppy Avenue. Construction traffic shall access the project site from Marguerite Avenue to Ocean Boulevard only, and NOT any other local streets. The existing public access road is steep (grades exceed 15 %), narrow (less than 15 feet wide), and shall remain open for public use during construction. Safe and adequate public access and City vehicular access to the beach along the public access road shall be maintained at all times. Contractor shall provide a minimum of two flaggers during working hours at all times. The flagger(s) shall be certified in accordance with Caltrans and City's requirements. Contractor to provide signage at the entrance to the public access road indicating potential delays due to temporary closures. The public access road shall be maintained in a clear and clean manner. The road shall be cleaned on a daily or more frequent basis to meet this requirement. Two (2) toilet facilities with hand - washing facilities shall be provided for public use during construction. At least one of the facilities shall be ADA compliant. The location of the facilities shall be coordinated with the City, and provide easy access for use by the public along the existing access road. The facilities shall be regularly cleaned and maintained by the Contractor. At the request of the Contractor, and with the approval of the Engineer, Contractor may use the limited area adjacent to the existing restroom facilities for temporary storage and parking of pick -up trucks only. Area shall be adequately fenced to prohibit public access. All vehicles and equipment shall be moved at the request of the Engineer. No equipment or vehicles shall be left in this area after 5:00 p.m. Contractor's delivery schedule for materials and equipment shall be coordinated with the City. Contractor to provide a delivery schedule to the Engineer and update as delivery schedules are modified or changed. When requested by the Engineer, Contractor shall provide access to the existing wet well adjacent to the restroom area. Contractor shall construct a construction road as shown on the plans and upon completion remove the AB surface and revegetate the area. Pedestrian access to all properties within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advanced notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." Revision Date: 6120/2011 SP9OF32 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. An alternate /additional storage area in the Big Corona parking lot may be made available by the City at the Contractors request and approval by the Engineer. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." The laydown area shall not be used for storage of material from the clearing and grubbing. 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre- construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718 -3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Revision Date: 6/2012011 SP 10 OF 32 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow - Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten (10) working days prior to starting work, the Contractor shall deliver a written construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice to the Contractor. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "Class A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. The Contractor also shall have experience in performing all the components of this project, including installation of the subsurface wetlands. Tasks under Project Task 2 shall be performed by a contractor that possess a "Class C -27" License. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. Revision Date: 6/20/2011 SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 11 OF 32 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: PROJECT TASK 1 ITEMS: Item No. 1: Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; temporary installation and maintenance of public restroom facilities, preparing and implementing SWPPP or BMP Plan, compliance with GCP requirements, construction signage, and construction and material delivery schedule; coordinating with other agencies and utilities; notifying businesses and residents; attending all coordination meetings; and keeping photographic and video records of project site; and all other related work as required by the Contract Documents. Item No. 2: Traffic Control: Work under this item shall include, but not limited to, delivering all required notifications and temporary parking permits; posting signs and all costs incurred to notify residents and businesses; preparing a storage /layout area plan and water diversion plans; and preparing /providing all required submittals. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer and providing the traffic control per W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, and flagpersons. Item No. 3: Pothole Existing Sewer Lines: Work under this item shall include, but not limited to, potholing the existing sewer lines within the project limits prior to construction. Each utility line shall be potholed a minimum of two (2) locations. Locations shall be coordinated with the City prior to the work being completed. Work under this item shall include providing all material, labor and equipment necessary to perform the work required. Item No. 4: Construction Survey: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2 -9. Item No. 5: Clearing and Grubbing: Work under this item shall include, but not limited to, applying herbicide, removing and disposing of all trees, bushes, shrubs, stumps, roots, arundo rhizome, fences, concrete, pipe or interfering portions thereof, and any other native or non- native material to accommodate the project improvements as required to complete the work in place. The item also includes protecting items in place including and not limited to trees and sewer lines per construction drawings. Item No. 6: Construction Road: Work under this item shall include, but not limited to, grading of construction road; and providing and installing aggregate base and any material as required to complete the work in place. The Item also includes removal of the aggregate base Revision Date: 6/20/2011 SP 12 OF 32 construction access road upon completion of work, revegetation of the graded area, and removal and replacement of the existing fencing. Item No. 7: Gabion Grade Control Structures: Work under this item shall include, but not limited to, constructing the galvanized and PVC coated rock - filled gabion grade control structures per the limits and details on the drawings including, but not limited to, excavating, grading, controlling ground or surface water, backfilling, compacting, submitting manufacturer's layout sheets, removal, abandoning or protecting interfering portions of existing utilities or improvements, providing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Item No. 8: Subsurface Wetland: Work under this item shall include, but not limited to, installating Ecorain tank system and all connecting 6 -inch perforated and non - perforated polyvinyl chloride (PVC) pipes per the limits and details on the plans including, but not limited to, excavating, controlling ground or surface water, placing bedding, filling of tank units with filtration materials per the limits and details on the plans, backfilling, compacting, providing fasteners, wire ties, connections, geotextile filter fabric, metallic locator tape, removing, abandoning or protecting interfering portions of existing utilities or improvements, furnishing and installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Item No. 9: Bendway Weir Structures: Work under this item shall include, but not limited to, constructing the rock bendway weir structures per the limits and details on the plans including, but not limited to, excavating, controlling ground or surface water, backfilling, placing crushed rock, benching, grading, placing of unclassified fill for this payment item, placing of top soil, compacting, controlling erosion on disturbed slopes; removing, abandoning or protecting interfering portions of existing utilities or improvements; furnishing /installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Item No. 10: Unclassified Fill: Work under this item shall include, but not limited to, furnishing and placing unclassified fill per the limits shown on the drawings but not covered under another payment item, excavating, hauling, and stockpiling of imported borrow, controlling ground or surface water, preparing subgrade, benching, placing fill, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, geotechnical services, and all other work items required to complete the work in place. Item No. 11: No. 4 Gravel Backfill: Work under this item shall include, but not limited to, furnishing and placing No. 4 gravel backfill and filter fabric per the limits and details on the plans, excavating, controlling ground or surface water, backfilling, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, and all other work items required to complete the work in place. Item No. 12: Loose Riprap: Work under this item shall include, but not limited to, placing loose riprap, gravel, and filter fabric per the limits and details on the plans, excavating, controlling ground or surface water, backfilling, compacting; removing, abandoning or protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utilities, and all other work items required to complete the work in place. Revision Date: 6/20/2011 SP 13 OF 32 Item No. 13: Repave and Repair Public Access Road: Work under this item shall include, but not limited to, repaving the public access road and repairing any damage to the road during the project construction. The work shall include joining existing surfaces, grinding failures, and a 1.5 -inch overlay. Repairs shall be made after completion of Project Tasks 1 and 2, and shall include all material, labor and equipment necessary to perform the work required. Item No. 14: No Trespassing Sign: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item to furnish and install signs as specified in these construction documents including excavation and backfill. The exact placement of the sign shall be directed by the Engineer at the Project site. PROJECT TASK 2ITEMS: Item No. 15: 15- Gallon Plant Material: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing 15- gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 16: 1- Gallon Plant shrub: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing 1- gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 17: Rooted Cutting Plant Material: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Item No. 18: Fine Grading & Hydroseed: Work under this item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals; procuring, approving, delivering, storing and broadcasting the hydroseed including virgin wood cellulose fiber, seed, mycorrhizl inocullum and hydroseed compost, top soil over fabric and fine grading around planting after performing all operations for weed eradication specified in these construction documents, and provide protection for plant material prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two -part seed application. Item No. 19: Two (2) cycles of pre planting and hydroseeding weed eradication: Work under this item shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work necessary under this item for Revision Date: 6/2012011 SP 14 OF 32 irrigating all planted areas for 21 days to germinate weed seeds, application of approved herbicide and removal of dead weeds and disposal off -site. Item No. 20: Purchase Plant Material: This item is a budgeted amount for the purchase of 1- and 5- gallon plant material to be installed at the project site. This item is for the purchase and delivery of the plant material only. The type and number of plants shall be coordinated with the City. A budget amount of seven thousand five hundred dollars and no /100 ($7,500.00) shall be allocated for this item. Item No. 21: Install 5- Gallon Plant Material: Work under this item shall include, but not limited to, the installation of the 5- gallon plant material purchased under Item No. 20. Work under this item shall include full compensation for furnishing all labor, materials (except plant material), tools, equipment, and incidentals for doing all the work necessary under this item for providing plant and photographic submittals, procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Exact placement of the plants shall be at the direction of the Engineer. Quantities for this payment item maybe increased /decreased /omitted without cost negotiation. Item No. 22: Install 1- Gallon Plant Material: Work under this item shall include, but not limited to, the installation of the 1- gallon plant material purchased under Item No. 20. Work under this item shall include full compensation for furnishing all labor, materials (except plant material), tools, equipment, and incidentals, and for doing all the work necessary under this item for providing plant and photographic submittals; procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavation of plant pits, installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch. Exact placement of the plants shall be at the direction of the Engineer. Quantities for this payment item maybe increased /decreased /omitted without cost negotiation. Item No. 23: Install Temporary Irrigation System: Work under this item shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work necessary under this item for providing a complete and operable irrigation system as specified in these construction documents including connecting to existing domestic water source and backflow preventer, layout, excavation, assembly, backfilling, testing and as- building of system for all piping, sleeving, ball valves, quick couplers, remote control valves, valve boxes, irrigation controller, all wire from controller to remote control valves, master valve and flow sensor. Item No. 24: 120 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, providing all material, labor and equipment necessary to perform the work required for plant establishment and plant maintenance as specified in these construction documents. This work shall not commence until Project Tasks 1 and 2 are complete as determined by the Engineer. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." Revision Date: 6120/2011 PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -1 ROCK PRODUCTS SP 15 OF 32 200 -1.3 Gravel. Add to this section: "Pea gravel shall be No.4 gravel and shall conform to the gradation specified in section 200 -1.4, Table 200- 1.4(B) 200 -1.5 Sand. Add to this section: "clean sand shall be free from lumps and debris or any other sharp objects." SECTION 206 - -- MISCELLANEOUS METAL ITEMS [Add the following to this section] 206 -8 GABIONS 206.8.1 Gabion Materials. Materials for galvanized and PVC - coated woven wire mesh gabion baskets, and fasteners shall conform to the specifications on the contract plans. 206.8.2 Ecorain Tank Unit Materials. Materials for galvanized plastic coated wire ties shall conform to the specifications on the contract plans. SECTION 207 -- -PIPE 207 -17 POLYVINYL CHLORIDE (PVC) PIPE 207 -17 Add to this section: "Perforated PVC - The pipe shall be shop perforated with perforations symmetrically located within a maximum arc of 160 degrees. All perforations on PVC pipes shall be 1 inch diameter holes with a minimum 2 perforations per linear foot'. Add the following to Section 207: 207 -25 POLYPROPYLENE PLASTIC UNITS 207 -25 -1 Materials for moulded polypropylene plastic units ( Ecorain Tank units) shall conform to the specifications on the contract plans. SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS. 212 -1.1 Topsoil. Revision Date: 6/2012011 SP 16 OF 32 212 -1.1.1 General. Add the following: Unless otherwise specified on the Plans or required by the City, topsoil shall be Class "C" in accordance with the requirements of 212- 1.1.4. Imported soil, if required, shall be Class "A" topsoil in accordance with the requirements of 212- 1.1.2. 212 -1.2 Soil Fertilizing and Conditioning Materials 212 -1.2.4 Organic Soil Amendment. Replace entire section with the following: SOIL TESTING Soil samples shall be taken from a minimum of one location per acre or a minimum of three samples for the project area to represent an adequate cross - section of conditions as. determined by the Engineer. Soil tests shall be performed by an approved soil testing laboratory such as Wallace Laboratories, 365 Coral Circle, El Segundo, CA 90245, telephone number (310) 615 -0116, contact Garn Wallace. The test shall indicate, but not be limited to the following: Organic matter content; N, P, K, pH; EC; soil texture (i.e., silt, clay, sand), recommendations for amendments, leaching, and maintenance fertilizations. The results and recommendations of soil testing laboratory shall be submitted to the City for review and approval. Costs associated with the soil testing will be the responsibility of the Contractor. Products specified by product name in the soil testing laboratory recommendations may be substituted with equal products approved by the Engineer. 212 -1.2.5 Mulch. Replace entire section with the following: Unless otherwise specified, mulch shall consist of wood chips, tree bark, or shredded bark, or any combination thereof, at the Contractor's option. Mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz, or San Mateo counties shall not be used. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between one and one -half inch (1 -1/2 ") and three inches (3") in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness. Chips produced from tree trimmings that contain leaves or small twigs will not be accepted. Tree bark shall have a particle size between one -half inch (1/2 ") and one and one -half inches (1 1/2 ") and shall be free of salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Shredded bark shall be a mixture of shredded bark and wood; shall have a particle size between 1/8 -inch (1/8 ") and one and one -half inches (1 1/2 ") in thickness and one inch (1 ") to eight inches (8 ") in length, and shall be free of salt and deleterious materials such as clods, coarse objects, and rocks. Revision Date: 6/2 012 01 1 SP 17 OF 32 212 -1.4 Plants. 212 -1.4.1 General. Add the following: All plants furnished by the Contractor shall be true to type and name as shown on the Plans, and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, determination of plant species or variety shall be made by the Engineer, whose decision shall be final. Prior to plant and tree procurement, Contractor shall submit representative photographs of each material along with nursery information for approval. Plants shall be subject to inspection and approval or rejection by the City at place of growth and /or upon delivery to the site at any time before or during progress of the work. Inspections shall include: a) Quantity, quality, size, and variety; b) Ball and root condition; C) Latent defects and injuries resulting from handling, disease and insects, and installation. d) Uniformity of plant materials. The Contractor shall notify the Engineer forty -eight (48) hours before the delivery of plant material, so the plants can be inspected prior to planting. Replacement material must be purchased from the same nursery and must originate from the same collection sources as the original material. If additional material is required, then arrangements shall be made with the nursery and the Engineer to secure the material in a timely manner. The Contractor should be aware that as many as 10 months lead time may be required to secure custom - collected propagules and seed. Plants shall be of the variety and size specified on the Contract and shall conform to the requirements of these Specifications. Any substitutions shall be approved in writing by the City. The Engineer shall notify the Contractor of any changes at least 72 hours prior to Contractor taking delivery of plant material. Plants shall be healthy, vigorous, free from plant disease, insect pests or their eggs, excessive abrasions or other objectionable disfigurements, and shall have healthy, normal root systems, well - filling their containers, but not to the point of being root - bound. Tree trunks shall be sturdy and well hardened off. Plants shall not be pruned or topped prior to delivery. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to insure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Revision Date: 6/20/2011 SP 18 OF 32 Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the City. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Add the following subsection: 212 -1.4.7 Hydroseed Materials Fiber Fiber shall be produced from virgin wood cellulose, and shall be free of synthetic or plastic materials. Fiber shall not contain more than seven - percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPPI) Standard T413, shall contain less than 250 parts per million of boron, and shall be otherwise nontoxic to plant or animal life. Fiber shall have a water - holding capacity by weight of not less than 1,200 - percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15- percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. A Certificate of Compliance for fiber shall be furnished to the City Seed Seed shall conform to the provisions of Materials in these Specifications. Individual seed species may be measured and premixed prior to delivery by the seed supplier or in the presence of the City. Seed not required to be labeled under the California Food and Agricultural Code shall be tested for purity and germination by a seed laboratory certified by the Association of Official Seed Analysts, or a seed technologist certified by the Society of Commercial Seed Technologists. Seed shall have been tested for purity and germination not more than one year prior to application of seed. Revision Date: 6/20/2011 SP 19 OF 32 Results from testing seed for purity and germination shall be furnished to the City prior to applying seed. The seed specified on the Contract has been ordered and will be paid for by the Contractor. It is the Contractor's responsibility to arrange for delivery of the seed. Replacement seed must be purchased from the same seed supplier and must originate from the same collection sources as the original material. If additional seed is required, then arrangements shall be made with the seed company and the City to secure the material in a timely manner. Seed required to be labeled under the California Food and Agricultural Code shall be labeled by the vendors supplying such seed. Seed specified without a purity or germination requirement shall be labeled to include the name, date (month and year) collected, and the name and address of the seed supplier. Said seed, at the time of sowing, shall be from the previous or current year's harvest. All shipments of seed not accompanied by a valid California Nursery Stock Certificate shall be reported to the County Agricultural Commissioner at the point of destination for inspection and shall be held until released by the Commissioner. Seed shall be labeled and furnished in sealed standard containers. The seed shall not contain more than 0.5 percent weed seed by volume. Seed that has become wet, moldy, or otherwise damaged will not be accepted. Seed in broken or damaged containers will be rejected. The seed is available at S &S Seeds, P.O. Box 1275, Carpenteria, California 93014. Contact: Jody Miller, telephone number (805) 684 -0436. . Mycorrhizal Inoculum Mycorrhizae shall not be stored in temperatures greater than 90 °F and no less than 32 °F or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by extreme temperatures shall be rejected. Endomycorrhizal inoculum shall be ordered at least two weeks in advance of application to ensure availability. The Contractor must coordinate with the City as to when the inoculum should be ordered. It is the responsibility of the Contractor to arrange for and finance delivery of the mycorrhizae. Mycorrhizal inoculum shall be applied at the rate of 8,900,000 live propagules per hectare (3,600,000 live propagules per acre) based on the guarantee of the supplier or an analysis returned by an independent laboratory. Endomycorrhizal inoculum shall be applied before or in the same application as the seeds. In no case shall endomycorrhizal inoculum be applied after the seeds. Inoculum must be applied within one hour of addition to the mixing tank. Revision Date: 6/20/2011 SP 20 OF 32 Compost for Hydroseeding Compost shall be derived from green material consisting of chipped, shredded or ground vegetation or clean processed recycled wood products, or a Class A, exceptional quality biosolids compost, as required by US EPA, 40 CFR, part 503c regulations, or a combination of green material and biosolids compost. The compost shall be processed or completed to reduce weed seeds, pathogens, and deleterious material and shall not contain paint, petroleum products, herbicides, fungicides, or other chemical residues that would be harmful to plant or animal life. Other deleterious material such as plastic, glass, metal, or rocks shall not exceed 0.1 percent by weight or volume. A minimum internal temperature of 135 °F shall be maintained for at least 15 continuous days during the composting process. The compost shall be thoroughly turned a minimum of five times during the composting process and shall go through a minimum 90 day curing period after the 15 day thermophilic compost process has been completed. Compost shall be screened through a minimum 1/4 -inch screen. The moisture content of the compost shall not exceed 35 percent. Moisture content shall be determined by California Test 226. Compost products with a higher moisture content may be used provided the weight of the compost is increased to equal compost with a maximum moisture content of 35 percent. Compost shall be tested for maturity /stability with a Solvita Test Kit. The compost shall measure a minimum of 6 on the Solvita maturity /stability scale. 212 -1.5 Headers, Stakes, and Ties 212 -1.5.3 Tree Stakes. Replace the first paragraph with the following: Tree stakes shall be a 2 -inch (2 ") diameter, lodge pole pine, ten -foot (10') length, pressure treated, and pointed on one end. Add the following: Tree ties shall be a commercially manufactured tie, split corded rubber tree ties with a minimum length of twenty- inches (20 "). Split plastic hose ties shall be "Cinch -tie' by V.I.T. or approved equal. Add the following section: 212 -1.6 HERBICIDES AND PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture and the Department of Health, the Department of Industrial Relations, and all Revision Date, 6/20/2011 SP 21 OF 32 other agencies that govern the use of pesticides required in the performance of the Work on the Contract. Pesticides shall be limited to herbicides unless otherwise authorized by the City. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. The Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not be limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre- emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to the City, or when such copy is unavailable, the City shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non - native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as Aquamaster® or Rodeo@ (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non -ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off -site within 14 days. Revision Date: 6/2012011 SP 22 OF 32 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials. Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -4 UNCLASSIFIED FILL 300 -4.1 General. Add to this Section: Unclassified fill shall be from excavations performed within the limits of the project and shall be approved by the City. The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements and subsurface conditions for the placement of Unclassified Fill. It shall be the sole responsibility of the Contractor to provide all required labor, equipment, materials and methods to accomplish the work in accordance with applicable grading codes, agency ordinances, these Technical Specifications, the Standard Specifications and the approved Plans. If, in the opinion of the Geotechnical Consultant, unsatisfactory conditions, such as questionable soil, poor moisture condition, inadequate compaction, adverse weather, etc., are resulting in a quality of work less than required in these Technical Revision Date: 6/20/2011 SP 23 OF 32 Specifications. the Geotechnical Consultant will be empowered to recommend to the Engineer that the work be rejected and the construction be stopped until the conditions are rectified. (Add the following to Section 300:] 300 -12 GABION GRADE CONTROL AND ROCK BENDWAY WEIR STRUCTURES 300 -12.1 General. Materials, construction, and measurement and payment for gabion grade control and Rock Bendway Weir structures shall be as designed on the contract plans and these technical specifications. Gabions shall be Maccaferri Galvanized and PVC coated, or approved equal. The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements for the Gabion Grade Control, Subsurface Wetlands, and Rock Bendway Weir structures. SECTION 308 — LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 GENERAL. Add the following: All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the Project Site. The Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this contract. Any structure or facility to be protected, which is damaged as a result of the Contractor's construction operation shall be replaced by the Contractor at his /her cost, to the satisfaction of the Engineer. The City will review the site preparation and must indicate approval to the Contractor before planting or seeding may commence. The Contractor must give the City at least 72 hours notice before a site review. Add the following subsection. 308 -2.5 Weed Abatement prior to Planting and Hydroseeding. Upon completion of the fine grading work and prior to planting and seeding, Contractor shall perform weed control measures as follows: 1. Irrigate all areas designated to be planted for twenty -one (21) calendar days at a rate required to maximize germination of weed seed to the greatest extend possible. 2. Apply weed killer approved by City Authorized Representative and per manufacturer's recommendation. Allow sufficient time, a minimum of seven (7) days, for complete kill of all germinated weeds. 3. Repeat step "1" above. 4. Repeat step "2" above. Revision Date: 6/2012011 SP 24 OF 32 308 -2.65 Exotic Vegetation Control Exotic pest plants shall be removed according to these Specifications. Eradication of weedy plant species shall be performed by hand pulling and weed whipping, by the use of herbicides, or by other methods approved by the City. The City shall direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided. Weeds shall be manually removed at intervals of not more than 30 days. All portions of the plant will be removed, including the roots. The weeds may not exceed 1 foot in height. The type, quantity, and method of herbicide application will be determined by the PCA who will inspect the site and write project recommendations and submit same for approval to the City. A licensed qualified applicator (CAL) may work under the supervision of the PCA. The City will direct the PCA and Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. No herbicides shall be used on native vegetation or where Threatened or Endangered species occur. The Contractor shall coordinate with the City to determine the presence of Threatened or Endangered species. The Contractor shall notify the City at least 24 hours prior to each application of pesticide and shall indicate the hours of application. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by the City. Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. Target exotic vegetation to be controlled includes, but is not limited to, giant cane (Arundo donax). Annual grasses are expected to be present and the Contractor should make every effort to eradicate them; however, it is unreasonable to expect that annual grasses will not be present after the Plant Establishment and Maintenance Period. The Contractor will remove off -site all exotic plant material in a legally acceptable manner to a location that prevents its re- establishment. 308-4 PLANTING 308 -4.1 General. Add the following: All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to Revision Dale: 6/20/2011 SP 25 OF 32 promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the contract period. All plants shall be full -sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root - bound. Root balls may require scarification to the satisfaction of the Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by the Contractor that dies or has bark, branch or die -back injury shall be replaced at the Contractor's expense with an equal plant to the satisfaction of the Engineer. The Contractor shall not install planting as shown on the plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. No plants shall be transported to the planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of the City, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. No planting shall be done in any area until the area concerned has been prepared in accordance with these Specifications and presents a neat and uniform appearance satisfactory to the City. Contractor will submit product data and photos of materials to be utilized for review and approval by the City. All inspections herein specified shall be made by the City. The Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the planting work: a) During preliminary grading and initial removal of existing plants. b) When plants are spotted for installation, but before planting holes have been excavated. c) When all specified work has been completed (prior to the Maintenance and Establishment Period) d) Final inspection at the completion of the Maintenance and Plant Establishment period. Revision Date: 6/20/2011 SP 26 OF 32 The Contractor's failure to obtain inspection will extend the start and /or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer. 308 -4.5 Tree and Shrub Planting. Delete entire section and replace with the following: Planting done in soil that is too wet or too dry or not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. Container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered -in on that day. Trees and shrubs to be planted in areas to be seeded shall be planted before seed is applied. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. The Contractor shall avoid creating smooth, vertical walls in the planting hole, and scarify the side of planting holes with shovel or digger bar if an auger is used. Partially fill the planting hole with friable native soil to two- inches (2 ") below the expected depth of the rootball. Plants shall be set in the backfill material in flat bottomed holes, to such a depth that, after the backfill has settled, the soil shall be even with the top of the root ball as shown on the Plans. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on the Plans. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand leaving the rootball completely intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the rootball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set rootball atop backfill so the root crown is slightly above finished grade. Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. Construct hand - compacted earth berm watering basin per details on the plans. Revision Date: 6/20/2011 SP 27 OF 32 Apply two inches (2 ") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant. Planting of Mule Fat and Willow Cuttings Trees and shrubs to be planted in areas to be hyroseeded shall be planted prior to hydroseed application. Collect cuttings from healthy plants within the vicinity. Although willows and mule fat can withstand extensive pruning, minimize the impact to individual donor plants and the plant community. Choose straight branches as much as possible so they will be easier to plant. The usual diameter that can be harvested with garden loppers is 1 inch, but the larger the diameter of the cutting, the better. The minimum length needed to have enough stored nutrients to survive is 18 inches, but cuttings should be 36 to 48 inches and can be 6 feet long if they need to be planted deep enough to reach year -round moisture. Make clean cuts so there are no split ends or torn bark. After the cutting is removed from the tree, cut off the side branches as close to the stem as possible. Cut the top of the stem straight and the bottom end at an angle indicating that end will go into the ground. This is very important if the cuttings are planted upside down they will not grow. Angling or sharpening the bottom will also allow the cuttings to be driven into the soil with more ease. Place cuttings immediately into water or cover them with a wet fabric until they are planted. Do not let them dry out. They can be stored for long periods if they are kept damp and cool. If the soil is fine, moist, and soft enough to drive the cutting into place without damage then no soil preparation is necessary. Simply use a wooden mallet to drive the cutting into the soil. If the soil is hard and the depth to year -round moisture is deep, planting holes may be excavated by hand digging, using a sharp- shooter or equivalent planting tool, or by drilling with a small auger to open a small hole to insert the plant. Water shall not be used for the excavation of planting holes. Avoid creating smooth, vertical walls in the planting hole. Where rock or other hard material prohibits holes from being excavated to the depth specified, new holes shall be excavated and the abandoned holes shall be filled with the excavated material. When planting cuttings will be planted in areas of wetted or irrigated soil and approximately 75 percent to 80 percent of the length of the cutting should be below the ground. If the upper end is damaged while driving it in with a wooden mallet, cut off the damaged portion Revision Date: 6/20/2011 SP 28 OF 32 with scissor -type loppers (anvil -types tend to crush one side of the stem) leaving 15 percent to 20 percent of the cutting length above ground. This placement minimizes water loss and helps prevent damage to roots. Two to four viable buds shall be exposed above grade. Soil to cutting contact should be maximized by tamping the soil around the hole. Watering basins and mulch depths will be limited by the available planting space. The Contractor may employ his /her discretion in the size of watering basins Watering All plants and seeds shall be hand watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where water is applied with a hose, a water disbursement device or pressure- reducing device approved by the City shall be used. Under no circumstances shall the full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Water shall be applied to plants as often and in sufficient amounts as conditions may require to keep the plants in a healthy, growing condition during the life of the Contract. When watering does commence, it should be a deep watering and occur just enough to keep the plants alive. This holds especially true during the summer months when native plants are in their dormant phase. 308 -4.6 Plant Staking and Guying. Add the following: All trees shall be staked.per detail on plans. 308 -4.6.1 Seed. Delete entire section and replace with the following: General Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as the Subcontractor) for hydroseed operations. The Contractor shall ensure that the Subcontractor will apply seeds, compost, mycorrhizal inoculum, and stabilizing compound conforming to these Specifications. Planting areas will be hydroseeded after irrigation systems have been installed and are operational,grow and kill weed abatement is complete and the installation of container stock as specified in the Plans and Specifications. Hydroseeding will proceed after the City has certified that the hydroseed site preparation work has been completed. Seed and other additives shall be uniformly applied to those planting areas as specified in the Plans and Specifications. Revision Date: 6/20/2011 SP 29 OF 32 Any weeds will be hand cleared by the Contractor prior to hydroseeding. The ground will be thoroughly wetted prior to hydroseeding. The Contractor will coordinate installation of the container plant stock with the Subcontractor to ensure that no damage will occur during hydroseeding of the site. Application The ratio of total water to total stabilizing emulsion in the mixture shall be as recommended by the manufacturer of the emulsion. Any mixture containing stabilizing emulsion shall not be applied during rainy weather or when soil temperatures are below 40° F. Pedestrians or equipment shall not be permitted to enter areas where mixtures containing stabilizing emulsion have been applied. Materials shall be applied in two (2) separate applications. The first application as specified in the table below consists of the following mixture in the proportions indicated, shall be applied with hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been added to the mixture: Material Lbs per acreage Fiber 2000 Non-Legume Seed As specified in the Plans Legume Seed Asspecified in the Plans Endom corrhizal Inoculum 3,600,000 propagules per acreage Compost 1500 The second application consists of the following mixture in the proportions indicated which shall be applied with hydroseeding equipment: Material Lbs per acreage Fiber 1500 Compost 2000 Stabilizing emulsion solids 180 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT AND MAINTENANCE. DELETE THE ENTIRE SECTION AND REPLACE WITH THE FOLLOWING: General Contractor shall maintain the project on a continuous basis from the first day after the planting is complete and approval for all Work has been obtained from the City to start the 120 - calendar day Maintenance and Plant Establishment Period. Contractor shall request an inspection by the City after plant installation for acceptance of the Work in writing. In the acceptance letter to the Contractor, the City shall state the Revision Date: 6/20/2011 SP 30 OF 32 beginning and ending date of the Plant Establishment Period. Contractor shall schedule regular inspection meetings with the City during the period. The frequency of the meetings shall be as required by the City, but no less than one per month. Contractor shall provide all labor, materials and equipment to perform Work during the Post - Installation Maintenance Period, as specified herein, including but not limited to, adequate watering of plant material, replacing dead and /or declining plant materials, regular inspections, and controlling weeds. Any day the Contractor fails to adequately water or perform work determined to be necessary by the City will not be credited as part of the Post - Installation Maintenance Period. The Contractor shall replace any plants indicating weakness or probability of dying due to Contractor negligence during the Plant Establishment Period at his /her own expense. The Contractor shall be available within five (5) working days of request by the City for replanting or any other maintenance activity Work determined to be necessary by the City. The Plant Establishment Period may be extended by the City if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment Period for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to the City a minimum of five (5) working days prior to the date of the inspection. The City shall notify the Contractor in writing of the satisfactory completion of the Plant Establishment Period. General Maintenance Duties (120 -day Maintenance and Plant Establishment Period) The following tasks to be performed by the Contractor as General Maintenance duties during the Plant Establishment Period include, but are not limited to: 1. Plant inspection 2. Weed control 3. Trash and debris removal 4. Plant replacement 5. Seed replacement 6. Watering /temporary irrigation maintenance Plant Inspection All native plants shall be maintained in their natural shapes. No pruning is necessary or desirable. All dead wood must remain on the plant or where it has fallen. Revision Date: 6120/2011 SP 31 OF 32 All basins around plants shall be maintained at constructed depths during the Plant Establishment Period, unless otherwise directed by the Engineer. The mulch within each watering basin shall be maintained at no less than two inches (2 ") unless otherwise authorized by the Engineer. Weed Control The project site shall be maintained free of weeds during the first 90 consecutive days of the Maintenance and Plant Establishment Period. Weed eradication will minimize competition that would prevent the establishment of native species. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Maintenance and Plant Establishment Period, weeds shall be manually removed either before they can attain a height of twelve inches (12 ") or produce seed, whichever comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $500 per day will be imposed on the Contractor by the City after the seventh day. Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact with the ground, and removed from the project site on a daily basis. A cleared space, 18 inches from the base of the plant, will be maintained around each container plant to minimize competition from other plant species. Mulch, two inches (2 ") thick within the watering basin, will be maintained throughout the maintenance period following the same procedures described in these Specifications. Leaf and branch drop, and organic debris of native species shall be left in place. Annual grasses are expected to be present and the Contractor should make every effort to eradicate them; however, it is unreasonable to expect that annual grasses will not be present after the 90 -day Maintenance and Plant Establishment Period. Therefore, the project site shall have no more than 10% cover by weeds, including annual weeds, at the end of the 90 -day Plant Establishment Period. Trash and Debris Removal All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris during the Post - Installation Maintenance Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter, trash, and other debris from the project site and dispose of off -site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify the City regarding vandalism or dumping of trash immediately upon detection. Revision Date: 6/20/2011 SP 32 OF 32 Dead limbs and tree fall shall be left in place in the revegetation areas. Pest Control Contractor is responsible for monitoring trees and shrubs for signs of disease, insect and /or predator damage, and treating as necessary. Contractor shall repair and /or replace all damaged plants caused by rodents, disease, and /or insects. Badly damaged plants will be removed or pruned to prevent spreading of the pestilence and replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants. Plant Replacement Plants that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, shall be removed and replaced. Unless otherwise approved by the Engineer, the Contractor shall complete replacement of unsuitable plants within one week after notification. Replacement plantings shall conform to the species, spacing, and size requirements specified for the plants being replaced as indicated in the Specifications. Replacement plants shall be purchased from replacement stock inventory at a native plant nursery, as specified by the City. Replacement plants shall be furnished and planted by the Contractor at Contractors' expense during the Maintenance and Plant Establishment Period. Seed Replacement Hydroseeded areas showing less than 20 percent germination 6 months after installations or as determined by the City, and showing no signs of vandalism or erosion (not due to excessive irrigation), will be reseeded by the Contractor at the Contractor's expense. Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures described in these Specifications. Such reseeding may be performed by hand broadcasting or hydroseeding as determined by the City. 308 -7 GUARANTEE. Add the following: All trees (15 gallon and larger) shall be guaranteed for a period of one year. Guarantee period shall commence upon final acceptance from the City Engineer at the completion of the Maintenance and Plant Establishment period. Revision Date: 612 012 01 1 TO: CITY OF NEWPi City Counci Agenda Item No. 5 August 9, 2011 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(a)newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer Iris Lee, Senior Civil Engineer APPROVED: �— �( /�n� TITLE: LOWER BUCK GULLY RESTORATION PROJECT - AWARD OF CONTRACT NO. 3780 ABSTRACT: As part of an effort to restore the Lower Buck Gully natural stream and stabilize the streambed, staff requests City Council approval to award the Lower Buck Gully Restoration Project to Environmental Construction, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications, 2. Award Contract No. 3780 to Environmental Construction, Inc. for the total bid price of $1,188,558.36 and authorize the Mayor and the City Clerk to execute the contract, and 3. Establish a contingency of $181,441.64 (approximately 15 percent) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The adopted budget includes sufficient funds for this contract. Account Description Environmental Contributions General Fund Account Number 7255- C5002002 $ 7014- C5002002 Total $ Amount 705,000.00 672,000.00 1,377,000.00 LOWER BUCK GULLY RESTORATION PROJECT- AWARD OF CONTRACT NO. 3780 August 09, 2011 Page 2 Proposed uses are as follows: Vendor Purpose Amount Environmental Construction, Inc. Construction Contract $ 1,188,558.36 Environmental Construction, Inc. Construction Contingency 181,441.64 GMU Geotechnical, Inc. Geotechnical Services 7,000.00 Total $ 1,377,000.00 DISCUSSION: At 10:00 a.m. on July 14, 2011, the City Clerk opened and read the following bids for the Lower Buck Gully Channel Restoration Project: BIDDER Low Environmental Construction, Inc. 2 Los Angeles Engineering, Inc. 3 Bert W. Salas, Inc. 4 Excavating Engineers, Inc. 5 Rock Structures Construction Co. 6 Griffith Company 7 Clarke Contracting Corporation TOTAL BID AMOUNT $1,188,558.36 $1,200,619.00 $1,277,080.00 $1,323,835.00 $1,349,275.00 $1,781,300.00 $1,796,795.00 * As -bid amount is $1,179,565.55 The total bid amount is approximately 18 percent below the Engineer's Estimate of $1,450,000. The disparity between the estimate and the actual bid perhaps reflects a continuing competitive construction market. A portion of the costs, $705,000.00, will be funded through a grant from the State Water Resource Control Board as this project will improve water quality entering the sensitive marine life area at Little Corona Beach. The work for this contract includes the grading of a construction road into the canyon, grading to restore the steambed near the center of the canyon, installing rock - filled gabion grade control structures and bendway weirs to guide flows within the center of the canyon, subsurface wetland filters for water quality improvement, and revegetating the canyon with California native plant materials. The low bidder, Environmental Construction, Inc., possesses a California State Contractors License Classification "A" and "C -27" as required by the project specifications. A check of Environmental Construction, Inc. references indicates satisfactory completion of projects with similar components in other municipalities. LOWER BUCK GULLY RESTORATION PROJECT - AWARD OF CONTRACT NO. 3780 August 09, 2011 Page 3 Pursuant to the contract specifications, Environmental Construction, Inc. will have 80 consecutive working days to complete the work followed by 120 consecutive calendar days for plant maintenance and establishment. A 15 percent contingency is recommended for this project. The allowable construction window for work the canyon does not open until mid - September. As we have experienced large October storms in 2004 and 2010, construction in and around the canyon streambed will be complicated and delayed if the inclement weather occurs. This in turn could increase costs. Construction services, including biological survey and water quality testing, will be performed by the RBF Consultants, the design consultants. The cost is expected to be approximately $60,000 and will be paid under a separate professional services agreement. ENVIRONMENTAL REVIEW: The City - prepared Mitigated Negative Declaration for the Lower Buck Gully Restoration Project was adopted by City Council on January 25, 2011. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. In addition to the number of informal discussions with individual community members, staff also conducted two public information sessions (March 24, 2010 and April 7, 2010), one door -to -door property owner visit (October 19, 2010), and prepared a project status update mailer (February 17, 2011). Submitted by: A. Location Map AURA �:Z r YK 4w kh, tic VLI V. Z, f 4r sw- MAL&' A an ARM WE. or ZA'A Buck Gully Restoration Project LEAD AGENCY: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Contact: Mr. Robert Stein 949.644.3322 CONSULTANT: RBF Consulting 14725 Alton Parkway Irvine, California 92618 February 2011 IN 10-1P 515348 G n FINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Buck Gully Restoration Project LEAD AGENCY: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Contact: Mr. Robert Stein 949/644 -3322 CONSULTANT: RW = ■ CONSULTING 14725 Alton Parkway Irvine, CA 92618 February 2011 JN 10- 104465 TABLE O CONTENTS Section 1: Notice of Determination Section 2: Mitigation Monitoring and Reporting Program Section 3: Resolution of the City of Newport Beach Section 4: Public Notices Section 5: Response to Comments Section 6: IS /MND � SEW apRr 6 � z �C/ FOQa`P SECTION 1 WF CONSOLT..3 Notice of Determination Torn Daly, County Recorder Ialiil"! I111 11! 11IIIIIIIIIIIIIIIIIIIll111IIIIIIIIITill 2044.00 201185000089 1:45 pm 01/27/11 214 SC3 Z03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TO: ❑ Office of Planning and Research For U.S. rNniC Sireer Address: P.O. Box 3044 1400 Tenth St. Sacranento, CA 958 1 2 -3 044 Sacramento, CA 95814 m County Clerk County of. Orange Address: 24031 EI Toro Road, Suite 150 Laguna Hills, CA 92653 From: Public Agency: City of Newport Beach Address: 3300 Newpon eoulevand Appendix D Newport Beach, CA 92663 Contact- Mr. Robert Slain Ph,)ue. 9491644.3322 Lead Agency (ifdifferent from above): Address: Contact: _ Phone: SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): Project Title: Buck Gully Restoration Project 2010101060 Project Location (include county): The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway Project Description: The project proposes installing sleppedgabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach of Buck Creek and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, padicularly along the base of the canyon slopes to reduce the potential of slope erosion or failure which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. This is to advise that the City of Newport Beach has approved the above described project on E Lead Agency or ❑ Responsible Agency January 25, 2011 and has made the following determinations regarding the above described project: (Date) I. The project [❑ will E will not] have a significant effect on the environment. 2. ❑ An Environmental impact Report was prepared for this project pursuant to the provisions of CEQA. E A Negative Declaration was prepared for.this project pursuant to the provisions of CEQA. 3. Mitigation measures [E were ❑ were not] made a condition of the approval of the project. 4. A mitigation reporting or,monitoring plan [E was ❑ was not] adopted for this project. 5. A statement of Overriding Considerations [❑ was E was not] adopted for this project. 6. Findings [O were ❑ were not] made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to the General Public at: 3900 Newport Boulevar"ewport Beach, CA 92663 Title Signature (Pub-c 1 Agency) \d Date — 4�;1 r Date received for filing at OPR: PUO -TED FILED JAN 2 7 201' JAN 2 7 2011 Revised 2004 TOM DALY, CLK — ECORDER TOM DALY, CLER -RE DER BY: _DEPUTY By _.. ZZ DEPUTY Orange County Clerk /Recorder's Office Tom Daly 63ON Broadway Bldg. 12 Suite 101 Santa Ana, CA, 92701 County Finalization: 20110000022662 1/27/11 1:45 pm 214 SC3 Item Title Count 1 z03 1 Fish & Game: Neg Declaration Document ID Amount ------------------------------ DOC# 201185000089 2044.00 Time Recorded 1:45 pm ----------------------------- Total 2044.25 Payment Type Amount Check tendered 2044.25 # 181893 Overage 0.25 THANK YOU PLEASE RETAIN THIS RECEIPT FOR YOUR RECORDS www.ocrecorder.com Q SEW PORT�n U _ �l.I F00.N�P SECTION 2 PW CONSULTING MITIGATION MONITORING AND REPORTING PROGRAM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Restoration P, ,. LEAD AGENCY: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Contact: Mr. Robert Stein 9491644 -3322 CONSULTANT: ® momwo CONSULTING 14725 Alton Parkway Irvine, CA 92618 January 2011 JN 10- 104465 I , I H PAGE # 1.0 MITIGATION MONITORING AND REPORTING INTRODUCTION ......................1 2.0 MITIGATION MONITORING AND REPORTING PLAN .......... ..............................3 e J _ City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 1•0 MITIGATION MONITORING AND REPORTING CEQA requires that when a public agency completes an environmental document, which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached Section 4.0, Mitigation Monitoring and Reporting Checklist, has been prepared for the Buck Gully Restoration Project. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Buck Gully Project file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Buck Gully Restoration Project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached Mitigation Monitoring and Reporting Program Checklist. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: The City distributes reporting forms to the appropriate entities for verification of compliance. Departments /agencies with reporting responsibilities will review the Initial Study, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to the City as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. • Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. A 10- 104465 1 Mitigation Monitoring and Reporting Program oo City of Newport Beach Buck Gully Restoration Project u z Initial Study /Mitigated Negative Declaration f 4 FO0.H\ The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. Appropriate mitigation measures will be included in construction documents and /or conditions of permits /approvals. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and /or modification, substitution, or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. 0 A 10.104465 2 Mitigation Monitoring and Reporting Program City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration �, t,/ _i �. t i'I '�a ► �° _„ .5. �7 ;� I ► C�I«Ta I =[111, `r�I, A9tigatiom _- IMonitoring 'Enfnrc"emenf Monitoring I' ActlbnJndicating VERIFICATION�OF.COMPLIANCE 1Numb'er MlegationlfNeasu're Pha e-, Agency Agency, Compliance — ; - , Initials Date; Remarks __.._. AIR QUALITY AQ1 During clearing, grading, earth moving, or Pre. Construction/ City of Newport City of Newport Approval of excavation operations, excessive fugitive dust Ongoing During Beach Public Beach Public Plans /Field emissions shall be controlled by regular water or Construction Works Works Verification other dust preventive measures using the Department Department following procedures, as specified in SCAQMD Rule 403: • Water material excavated or graded sufficiently to prevent excessive amounts of dust. Water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. • Indicate these control techniques in project specifications. Compliance with the measure will be subject to periodic site inspections by the City. • Prevent visible dust from the project from emanating beyond the property line, to the maximum extent feasible. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with the . requirements of California Vehicle Code CVC Section 23114 freeboard means JN 10. 104465 3 Mitigation Monitoring and Reporting Program EWPO City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration - S4iroaa' ARitigation; iMidgatlon Measure Monitoring j . __ Enforcement Mondorjng AcEi3n Indicating VERIFICATION OFACOMPLh4NCE Nptnbor Phase Agency, ; Agenryi Compliance Initial$ i Date- RemaFks; .j vertical space between the lop of the load and lop of the trailer). m Trucks transporting soil, sand, cut or fill materials, and /or construction debris to or from the site shall be tarped from the point oforigin. AQ2 Project grading plans shall show the duration of Pre - Construction/ City of Newport City of Newport Approval of construction. Ozone precursor emissions from Ongoing During Beach Public Beach Public Plans /Field construction equipment vehicles shall be Construction Works Works Verification controlled by maintaining equipment engines in Department Department good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure shall be subject to periodic inspections of construction 'equipment vehicles by the City. BIOLOGICAL RESOURCES 8101 Vegetation clearing shall be restricted to outside Pre - Construction/ City of Newport City of Newport Completion of the peak nesting raptor season (February 1 — Ongoing During Beach Public Beach Public Survey/ Submittal of June 30). If vegetation clearing occurs between Construction Works Works Survey Results to February 1 and June 30, a Biological Monitor Department/ Department City and CDFG shall conduct a pre - construction nesting raptor CDFG survey to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified biologist. 8102 The City of Newport Beach shall obtain all Pre - Construction/ City of Newport City of Newport Acquisition of appropriate permits for impacts to project areas Post- Constsuction Beach Public Beach Public Regulatory containing USACE and CDFG jurisdictional Works Works Approvals /Submittal resources, including a Coastal Development Department/ Department/ of Restoration Plan Permit (CDP) from the California Coastal USACE /CDFG/ USACE /CDFG/ to USACE/ Commission (CCC). Restoration activities would RWQCB /CCC RWQCB /CCC CDFG /RWQCB mitigate project impacts; therefore, mitigation /CCC would be at no less than a 1:1 ratio. JN 10-104465 _ E _ 4 __ _ _ _Mitigation Monitoring and Reporting Program E�'p0 u �� r �4tona City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigations Number _ hAdigatwniMeasute IMonRo[ fog, P,hasb Enforcement• tigency iMoriitoring Agency – — Acton Indicating ; Compliance – – VERIFICATIONAF COMPLIANCE- jnitials – Date Remarks Prior to the initiation of any construction - related activities, the City shall submit a detailed restoration program and restoration site plans for USACE, CDFG, and CCC approval. The Restoration Program shall contain the following items: • Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the City, Specialists, and Maintenance Personnel that would supervise and implement the plan shall be specified. • Site preparation and planting implementation. Site preparation shall include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) sail treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation (if required); (6) erosion - control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. • Schedule. A schedule shall be developed which includes planting in late fall and early winter, between October 1 and January 30. • Maintenance plan /guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal 4 irrigation system maintenance A 10. 104465 5 Mitigation Monitoring and Reporting Program 4 EWr City of Newport Beach Buck Gully Restoration Project gl = Initial Study /Mitigated Negative Declaration �� /FOPS R§rtlgatlon" I ?Momtoring�, Enforcement i dMon Ronngl ;Actio_n Intllwtmg, �VE9 _- AT10N10FFCONIPLrIANCEr ; Number,° Midgatmnil�e_asur_e] - PUN, Agency - A'gency,? Comptiance� - J i ___ _ _ _ L Initiate= D`ateL Remarks_ (if required); (5) maintenance training; and (6) replacement planting. • Monitoring Plan. The Monitoring Plan shall include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e.. randomly placed transects); (3) performance criteria, as approved by the above - listed resource agencies; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, which shall be submitted to the resource agencies on a yearly basis, for five years. The City shall monitor and maintain the project site for five years to ensure successful establishment of riparian habitat within the restored and created areas. • Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. CULTURAL RESOURCES CR1 If during ground disturbance, potentially Pre - Construction/ City of Newport City of Newport Approval of significant archaeological evidence (i.e., stone Ongoing During Beach Public Beach Public Plans /Field artifacts, dark ashy soils, burned rocks, old Construction Works Works Verification glass, metal, ceramic artifacts) becomes Department Department apparent, work in that location shall be stopped; if not present, a qualified archaeologist (approved by the City) shall be notified , immediately to evaluate the find. According to CEOA criteria, the importance of the resource �JN 10. 104465 _ _ - _ . _ _ _ r — _ _ _ _ _ 6 . _ Mitigation Monitoring and Reporting Program a, e u C1� /FDH�' City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration A 10. 104465 7 Mitigation Monitoring and Reporting Program i Mitigation - 'easur`e� Mttlg`ation {M Monitor n � 9I En forcemerif Monitoring Action Indicating 'I VERIFICATION OF °COMP,LIANCE Number Phas "e= A' enc 9� y Agency, ;Compliance lniti'als_ _LDate _ (Remarks, j _ - -- — -- _ — shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and will be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. CR2 If human remains are discovered, the County Pre - Construction/ City of Newport City of Newport Approval of Coroner's office shall be notified immediately Ongoing During Beach Public Beach Public Plans /Field under state law (California Health and Safety Construction Works Works Verification Code § 7050.5), and all activities in the Department Department immediate area of the find shall cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner shall contact the. Native American Heritage Commission (NAHC). The NAHC shall designate a Most Likely Descendent who shall make recommendations concerning the disposition of the remains in consultation with the lead agency and project archaeologist. CR3 If, during ground disturbance, potentially Pre - Construction/ City of Newport City of Newport Approval of significant paleontological evidence becomes Ongoing During Beach Public Beach Public Plans /Field apparent, work in that location shall be stopped; Construction Works Works Verification if not present, a qualified paleontologist Department Department (approved by the City) shall be notified immediately to evaluate the find. According to CECA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and would be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. A 10. 104465 7 Mitigation Monitoring and Reporting Program iW`bkr City of Newport Beach Buck Gully Restoration Project uk(,A;,ls Initial Study /Mitigated Negative Declaration 4<iroa� � Mt4 atlom I iMomtorin" g Enforcement i,. Monitorl'n Action lid6tio _ 9 VERIFI_CATION KOCOM ,LlANCE Number i_. Mttt anon Measure, g____.. Phis ®, kgency I AgeOcy,g Compliance Initials DatQ�, Remarks I —' � � i CR4 Due to the undeveloped nature of the canyon Ongoing During City of Newport City of Newport Approval of Floor, an on-call qualified archaeologist monitor Construction Beach Public Beach Public Plans/Field shall be retained and City staff will be present Works Works Verification during excavation activities. Department Department HAZARDS AND HAZARDOUS MATERIALS HAZ1 During construction, if the contractor discovers During City of Newport City of Newport Approval of unknown wastes or suspect materials that Construction Beach Public Beach Public Plans /Field he /she believes may be hazardous, the Works Works Verification contractor shall: Department Department • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the Project Engineer of the implementing agency; • Secure the areas as directed by the Project Engineer; and • Notify the implementing agency's hazardous and waste /materials coordinator. NOISE N1 Construction activities, including equipment During City of Newport City of Newport Approval of startup, shall be limited to 7:00 A.M. to 6:30 P.M. Construction Beach Public Beach Public Plans /Field Monday through Friday and 8:00 A.M. to 6:00 Works Works Verification P.M. on Saturday; no construction will occur on Department Department any Sunday or federal holiday. N2 Prior to grading operations, the project shall Pre - Construction/ City of Newport City of Newport Approval of demonstrate, to the satisfaction of the City of Ongoing During Beach Public Beach Public Plans /Field Newport Beach Planning Department, that the Construction Works Works Verification project complies with the following: Department Department • All construction equipment, fixed or mobile, shall be equipped with properly operating JN 100.104465 - _ � — - 8 _, Mitigation Monitoring and Reporting Program 2EW �a> is lr a :� City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation ` Mibgation`Measure Monito[ing iErifoic`emegt ,g— � (Monitoring I �g — Action Indicating VERIFICATION Af COMPLIANCE Number — Phase A -enc y A enc y Com Nance, p - Initials Datei Remarks _ - and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment and maximizing the distance between construction equipment staging areas and occupied residential areas /sensitive biological habitat shall be implemented. • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • A project sign shall be clearly posted at the primary construction entrance, as an information resource for surrounding properly owners and residents. The sign shall include the following minimum project information: project name, general contractor, normal construction hours, normal workdays, and local telephone number of the Job Superintendent. If the City or the Job Superintendent receives a complaint, the Superintendent shall investigate, lake appropriate corrective action, and report the action taken to the City. TRANSPORTATION 1 TRAFFIC TRF1 Short-term mitigation to roadway use shall be Pre - Construction/ City of Newport City of Newport Approval of TMP/ mitigated by a Traffic Management Plan (TMP) Ongoing During Beach Public Beach Public Field Verification to be established by the City prior to construction Construction Works Works of any improvements. This TMP shall consist of Department Department prior notices, adequate sign - posting, detours, phased construction, and temporary driveways where necessary. The TMP shall specify JN 10.104465 9 Mitigation Monitoring and Reporting Program �?EWPOa> City of Newport Beach �� <' •�9 Buck Gully Restoration Project u Initial Study /Mitigated Negative Declaration Mitigation cumber Miigation Mgasu`re, Monitoring, phase Enforcement' Agency Montoril g Agency; Action Indicating; Compliance VERIFICATION OFCOMP,LIARM I Initials! I -Date Remarks;_. implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Engineer. Prior detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to reduce impacts. — JN 10.104465 _ _ _ _ _ _ _ „� 10 ____ - r _ Mitigation Monitoring and Reporting. Program SECTION 3 MF CONSULTING RESOLUTION NO. 2011 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE BUCK GULLY RESTORATION PROJECT WHEREAS, an Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; and WHEREAS, the draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on October 19, 2010 and ending November 17, 2010. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project; and WHEREAS, on the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level; and RESOLVE D basis of the whole measures, will hav Declaration reflect s hereby adopts the Program attached , that the City Council of the City of Newport Beach does hereby find, on the record, that there is no substantial evidence that the project, with mitigation e a significant effect on the environment, and that the Mitigated Negative the City Council's independent judgment and analysis. The City Council Mitigated Negative Declaration and the Mitigation Monitoring and Reporting as Exhibit A. The document and all material, which constitutes the record upon which this decision was based, are on file with Newport Boulevard, Newport Beach, California. the Public Works Department, 3300 PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF JANUA Y, 2011. Michael F. Henn_ Mayor ATTEST: Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of January, 2011 , and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of January, 2011. City Clerk Newport Beach, California (Seal) F SEW PART F U I C94� iOQ�`P SECTION 4 C❑NSULT'NC CITY OF NEWPORT PEACH CITY COUNCIL AGENDA REGULAR CITE' COUNCIL MEETING TUESDAY, JANUARY 25, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER STEVEN ROSANSKY Mayor Pro Tern Council Member RUSH N. HILL, II Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH KEITH D. CURRY Council Member Council Member DAVE KIFF - City Manager DAVID HUNT - City Attorney LEILANI BROWN - City Clerk DANA SMITH - Assistant City Manager STEPHEN BADUM - Public Works Director NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card please place it in the box at the podium. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available'on the City's website: http: / /www.newportbeachca.gov. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD JANUARY 25, 2011 I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference With Legal Counsel - Existing Litigation (Government Code S 54956.9(a)): One matter: Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. B. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employee(s). Titles: City Manager and City Clerk III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church DC PRESENTATION - None X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non- agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will he posted on the City's website at www.newportbeachca.gov. XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 20) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF JANUARY 11, 2011. Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION 3. CITYWIDE SPEED LIMIT ORDINANCE — SECOND READING. a) Conduct second reading and adopt Ordinance No. 2011 -1 amending Chapter 12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding increasing and decreasing State speed limits; and b) direct staff to replace /modify all speed limit signs requiring changes to reflect new speed limits. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 2011 -2 PERTAINING TO A MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE FOR CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND /OR DANCE (PA2010 -041). a) Conduct second reading and adopt Ordinance No. 2011- 2 amending the Newport Beach Municipal Code and incorporating Chapter 5.25 establishing the requirement for an Operator License; and b) adopt Resolution No. 2011 -_ establishing the fee for filing an appeal of the Chief of Police's determination on an Operator License. 5. NEWPORT BUSINESS PLAZA (PA2008 -164) — 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE — GENERAL PLAN AMENDMENT NO. GP2008 -007 — PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001 — TENTATIVE PARCEL MAP NO. NP2010 -006 (COUNTY TMPM NO. 2010 -101). a) Conduct second reading and adopt Ordinance No. 2011- 3 approving Planned Community Development Plan Amendment No. PD2009 -001 to amend the Kell Center Newport Planned Community text. 6. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 — FIRE CODE. Conduct second reading and adopt Ordinance No. 2011 -4 amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.0120. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND 2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. a) Conduct second reading and adopt Ordinance No. 2011 -5 relating to adoption of amendments to the 2010 California Building Codes and Newport Municipal Code, and adoption of the 2009 International Property Maintenance Code and 2009 Uniform Swimming Pool and Hut Tub Code; and b) adopt Resolution No. 2011 -9 setting forth findings for the proposed amendments. C. ORDINANCE FOR INTRODUCTION 8. PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE RELATING TO AMENDING THE TIME LIMITS AND RULES FOR THE CITY'S PUBLIC PIERS. Introduce Ordinance No. 2011 -_ amending Newport Beach Municipal Code Section 17.01.030, Section 17.25.010, and Section 11.20.060 which amends the time limits and rules for the City's public piers, and pass to second reading on February 8, 2011. D. RESOLUTIONS FOR ADOPTION 9. BUCK GULLY RESTORATION PROJECT — CONTRACT NO. 3780 — ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND). Adopt Resolution No. 2011 -_ approving the Buck Gully Restoration Project Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. 10. RESOLUTION MODIFYING THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION FOR PART - TIME EMPLOYEES AND CITY COUNCIL MEMBERS. Adopt Resolution No. 2011 - to modify the paying and reporting of the value of the Employer Paid Member Contribution to the California Public Employees Retirement System (PERS) for Part -time Employees and City Council Members. E. CONTRACTS AND AGREEMENTS 11. PROFESSIONAL SERVICES AGREEMENT WITH JON C. KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (ECIS) FOR GREASE CONTROL DEVICE INSPECTION PROGRAM, GREASE CONTROL DEVICE PLAN REVIEW AND SERVICES, AND POST SANITARY SEWER OVERFLOW INSPECTIONS. Approve an agreement with ECIS for grease control device inspection program, plan review services and post sanitary sewer overflow inspection services for one year with an option of two one - year extensions, and authorize the Mayor and City Clerk to execute the agreement. 12. DREDGING REGIONAL GENERAL PERMIT RENEWAL AND SEDIMENT TESTING — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS. Approve a Professional Services Agreement with NewFields for sediment analytical services for the renewal of the City's RGP -54 at a contract price of $112,500, and authorize the Mayor and City Clerk to execute the agreement. XIII. aw 13. PURCHASE OF 2011 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2011 City of Newport Beach Junior Lifeguard Program uniform purchase to Quiksilver, for the total cost of $138,000, plus tax. 14. GRANT OF EASEMENT AND JOINT USE MAINTENANCE AGREEMENT - 2700 WEST COAST HIGHWAY. Approve the Grant of Easement and Joint Use Maintenance Agreement between the City and Mariners Mile Company (Ned McCune, Grantor and General Partner). 15. CORONA DEL MAR WATER TRANSMISSION MAIN — PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT NO. 4603. Approve a Professional Services Agreement with PSOMAS of Santa Ana, for design and construction support services at a not -to- exceed fee of $302,617, and authorize the Mayor and City Clerk to execute the agreement. F. MISCELLANEOUS 16. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2011. Receive and file written report. 17. REQUEST FOR BUDGET AMENDMENT TO COVER SPECIALTY LITIGATION COSTS — PARTICULARLY GROUP HOMES LITIGATION. Approve Budget Amendment No. IIBA -028 to transfer $262,900 from reserves to budget line item 0510 -5657 in order to cover the cost of Group Homes litigation and other specialty litigation year to date and through the balance of the year. 18. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND STANDARDS. Receive and file, or give direction as deemed appropriate. 19. PAPER REDUCTION PROJECT — I- PAD /TABLET PILOT. Receive and file. 20. PROPOSED AMENDMENTS TO COUNCIL POLICY F -14 AND PURCHASING POLICY F -5. Adopt Resolution No. 2011 -_ amending Council Policies F -14 (Authority to Contract for Services) and F -5 (Purchasing Authority for Goods and Materials). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. CURRENT BUSINESS 21. MESA CONSOLIDATED WATER DISTRICT TELECOMMUNICATIONS FACILITY PERMIT (PA2010 -046) — 36 RIDGELINE DRIVE — TELECOM PERMIT NO. 2010- 005 — REQUEST FOR A WIRELESS TELECOMMUNICATIONS FACILITY PERMIT TO INSTALL A SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM. a) Review the application, pursuant to Section 15.70.070(F) of the Newport Beach Municipal Code; and b) adopt Resolution No. 2011 -_ approving Telecommunications Permit No. 2010 -005, subject to the findings and conditions of approval. 22. LIDO VILLAGE CONCEPTUAL PLAN. Provide additional input to the design team and staff on re -use opportunities for the existing City Hall site and larger Lido Village concept plan, and if appropriate, approve Alternative oB as the final concept plan. 23. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COLLECTION OF GARBAGE AND RECYCLA13LES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04. Introduce Ordinance No. 2011 -_ amending the Newport Beach Municipal Code Section 6.04.070 and 6.040.240 of Title 6 of the Newport Beach Municipal Code pertaining to collection of garbage and recyclables and penalties for violations of chapter 6.04, and pass to second reading on February 8, 2011. 24. REQUEST APPROVAL FOR ORGANIZATIONAL AND STAFFING CHANGES IN COMMUNITY DEVELOPMENT DEPARTMENT AND CITY MANAGER'S OFFICE. Review and approve proposed staffing and organizational changes for the Community Development Department and City Manager's Office. XVI. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVII. MOTION FOR RECONSIDERATION items generally considered to be within the subject must limit comments to three (3) minutes. Before A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XVIII. ADJOURNMENT CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 January 25, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: BUCK GULLY RESTORATION PROJECT— CONTRACT NO. 3780 ADOPTION OF THE MITIGATED NEGATIVE DECLARATION ISSUE As part of the Buck Gully Restoration Project, the City is required to obtain environmental clearance pursuant to the California Environmental Quality Act (CEQA) guidelines. A Mitigated Negative Declaration (MND) was prepared, circulated for review, and is now ready for adoption. RECOMMENDATION Staff recommends that the City Council adopt a resolution (Attachment 1) approving the Buck Gully Restoration Project Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental . review record. DISCUSSION As part of the City's proactive approach in addressing canyon stabilization concerns in Lower Buck Gully, the project proposes installing stepped - gabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, particularly along the base of the canyon slopes to reduce the potential of slope erosion or failure, which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. ENVIRONMENTAL REVIEW RBF Consulting prepared a Mitigated Negative Declaration for the Buck Gully Restoration Project. California State Law requires an environmental review for all Buck Gully Restoration Project d Iption of Mitigated Negative Declaration January 25, 2011 Page 2 pending projects that have the potential to result in any significant adverse effects on the environment that could occur if a project is implemented. Based on an Initial Study, City staff has concluded that, with mitigation, the Buck Gully Restoration Project will not have a significant effect on the environment. The MND does not identify any component of the project that would result in a "potentially significant impact" on the environment per CEQA guidelines. However, the document does identify components of the project that would result in effects that are "less than significant with mitigation incorporated" as a result of construction of the project. The document recommends the adoption of 12 mitigation measures to mitigate the effects to a point where no significant effects would occur. These mitigation measures are identified-in the MMRP, which is attached to this report The MND was made available for public review for a 30-day comment period from October 19, 2010 to November 17, 2010. Comments were received from the following four parties: 1. California Cultural Resource Preservation Alliance, Inc. commented on the potential of buried cultural resource disturbance. 2. Department of Transportation, District 12 reminded the City of obtaining an encroachment permit in the event of any activity within Caltrans' right -of -way. 3. Southern California Gas Company noted existing gas facilities within the project vicinity. 4. The Department of Toxic Substances Control expressed concerns about on -site hazardous materials. The MND states there are no known hazardous materials within the Project Area and the Project would not involve the transport, use, or disposal of any hazardous materials. All comments have been addressed and the responses have been attached to this report. A copy of the MND is available at the City Clerks' Office and City website for public reference. With approval by City Council of the MND, staff will file a Notice of Determination with the County Clerk as required by Section 15075 of the California Environmental Quality Act. PUBLIC NOTICE Notice of this item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. The environmental assessment process has also been "noticed consistent with the California Environmental Quality Act. The Notice of Intent (NO]) to adopt the MND was advertised with the Daily Pilot on October 22, 2010, and was also posted at the project site. FUNDING AVAILABILITY Not applicable. Buck Gully Restoration Project. —P; ion of Mitigated Negative Declaration January 25, 2011 Page 3 Prepared by: Submitted by: _ -'- I ee_ . ph G. Senior Civil Engineer Publ' rks Attachments: 1. Resolution with Mitigation Monitoring and Reporting Program 2. Posted MND Notice 3. Project Location Map 4. Comment Letters and Responses e� r -040, ADEN STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): October 15, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 20, 2010 at Costa Mesa, California . Sign re Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445 -0613 SCH # For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Buck Gully Restoration Project Lead Agency: City of Newport Beach Contact Person: Mr. Robert Stein Mailing Address: 3300 Newport Boulevard Phone: 949 -644 -3322 City: Newport Beach -------------------------------------------------------------------------------- Zip: 92663 County: Orange Project Location: County: Orange City/Nearest Community: Newport Beach /Corona Del Mar Cross Streets: East Coast Highway /Hazel Drive Zip Code: 92663 Longitude/Latitude (degrees, minutes and seconds): 33 35 26 NI 117 52 ' 06 " W Total Acres: 7 Assessor's Parcel No.: Multiple Section: 6 Twp.: 7S. Range: 9W. Base: SBBM Within 2 Miles: State Hwy #: Highway 1 Waterways: Buck Gully/PacificOcean Airports: None Railways: None Schools: Yes -------------------------------------------------------------------------------- Document Type: CEQA: ❑ NrOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other ® Mit Neg Dec Other: ❑ FONSI -------------------------------------------------------------------------------- Local Action Type: ❑ General Plan Update ❑' Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit (CDP) ❑ Community Plan ® Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other: -------------------------------------------------------------------------------- Development Type: ❑ Residential: Units Acres ❑ Office: Sq. Ft. Acres Employees ❑ Transportation: Type ❑ Commercial: Sq. Ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq. Ft. Acres Employees ❑ Power: Type MW ❑ Educational: ❑ Waste Treatment: Type MGD ❑ Recreational: ❑ Hazardous Waste: Type ❑ Water Facilities: Type MOD N Other: Habitat Restoration -------------------------------------------------------------------------------- ProJect Issues Discussed in Document: ® Aesthetic/Visual ❑ Fiscal ❑ Recreation/Parks ® Vegetation ❑ Agricultural Land ® Flood Plain/Flooding ❑ Schools/Universities ® Water Quality ® Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply /Groundwater ® Archeological/Historical ® Geologic/Seismic ❑ Sewer Capacity ® Wetland/Riparian ® Biological Resources ❑ Minerals ® Soil Erosion /Compaction/Grading ❑ Growth Inducement ® Coastal Zone ® Noise ❑ Solid Waste ® Land Use ® Drainage/Absorption ❑ Population/HousingBalance ® Toxic/Hazardous ❑ Cumulative Effects ❑ Economic/Jobs ® Public Services/Facilities ® Traffic /Circulation ❑ Other Present Land Use /Zoning /General Plan Designation: The General Plan, adopted July 25, 2006, Land Use Element, designates the areas within the project site as Single -Unit Residential Detached (RS -D) and Open Space (OS), and, at the outfall to the Pacific Ocean, Parks and Recreation (PR). Pursuant to the City of Newport Beach Zoning Code, the proposed project is within areas designated Single - Family Residential (R -1) and Residential Combining District (R -1 -B). -------------------------------------------------------------------------------- ProJect Description: (please use a separate page if necessary): The project proposes installing stepped - gabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach of Buck Creek and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, particularly along the base of the canyon slopes to reduce the potential of slope erosion or failure which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. Note: The State Clearinghouse will assign identocation members for all new projects. If a SCH number already exists jar a project (e.g. Notice of Preparation or previous draft document) please fill in. Revised 2008 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with an "X ". If you have already sent your document to the agency please denote that with an "S ". Air Resources Boatd Boating & Waterways, Department of California Highway Patrol Caltrans District # Caltrans Division of Aeronautics Caltrans Planning Central Valley Flood Protection Board Coachella Valley Mtns. Conservancy Coastal Commission Colorado River Board Conservation, Department of Corrections, Department of Delta Protection Commission Education, Department of Energy Commission S Fish & Game Region It R5 Food & Agriculture, Department of Forestry and Fire Protection, Department of General Services, Department of Health Services, Department of Housing & Community Development Integrated Waste Management Board S Native American Heritage Commission Office of Emergency Services Office of Historic Preservation Office of Public School Construction X Parks & Recreation, Department of Pesticide Regulation, Department of Public Utilities Commission S Regional WQCB # R8 X Resources Agency S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mms. Conservancy San Joaquin River Conservancy Santa Monica Mms. Conservancy State Lands commission SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic substances control, Department of Water Resources, Department of Other: Other: -------------------------------------------------------------------------------- Local Public Review Period (to be filled In by lead agency) Starting Date October 19, 2010 Ending Date November 18, 2010 ------------------------------------------------------------- --- ---------- - - - - -- Lead Agency (Complete if applicable): Consulting Firm: RBF Consulting Applicant: City of Newport Beach, Public Works Address: 14725 Alton Parkway Address: 3300 Newport Boulevard City/State /Zip: Irvine, CA 92618 City/State /Zip: Newport Beach, CA 92663 Contact: Mr. Robert Stein (City) Phone: 949- 644 -3322 Phone_ - - —Mr. Richard Beck (RBF) 949 - 855 -3687 -- -- - --------------------------------- Signature of Lead Agency Representative: Date: NO Authority cited: Section 210783, Public Resources Code. Reference: Section 21161, Public Resources Code. Revised 2008 Notice of Intent to Adopt Mitigated Negative Declaration for the Buck Gully Restoration Project (Newport Beach) Notice is hereby given that the City of Newport Beach has completed an Initial Study for the Buck Gully Restoration Project. The area of the proposed restoration would occur within lower Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH) in Newport Beach. The goal of the Buck Gully Restoration project is to provide an engineered solution to stabilize the bed gradient of the lower Buck Gully downstream of ECH to reduce the potential of gradual erosion or catastrophic failure of the adjacent canyon slopes which support properties on the rim of the canyon. The project proposes installing stepped - gabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach of Buck Creek and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, particularly along the base of the canyon slopes to reduce the potential of slope erosion or failure which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. Contractor access to the project site would be provided by the existing public beach access road (Glen Drive) at the corner of Ocean Boulevard and Poppy Avenue. Construction traffic would access the project site from Marguerite Avenue to Ocean Boulevard only; no other streets would be utilized. The access road would remain open for public use during construction. On the basis of the Initial Study, City staff has concluded that the project would not have a significant impact on the environment and has therefore recommended adoption of a Mitigated Negative Declaration (MND). The MND reflects the independent judgment of City staff and recognizes project design features, previous environmental and planning evaluations and recommendations, and standard construction and engineering practices as contributing to avoidance of potential impacts. The project site does not include any sites on 'an Environmental Protection Agency hazardous waste site list complied pursuant to Government Code Section 65962.5. The MND is available for a 30-day public review period beginning October 19, 2010 and ending November 18, 2010. Copies of the document are available for review at the Newport Beach Public Works Department, located at 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The document can also be accessed online at: http:// www .newportbeachca.gov /index.aspx ?page =1347. Any written comments on the proposed project should be sent to the attention of Robert Stein at the address listed above and must be received no later than November 18, 2010 at 5:00 p.m. The City Council of Newport Beach is tentatively scheduled to consider this item at a regular meeting to be held on January 11, 2011, at the City of Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663. For additional information, please contact Robert Stein, Assistant City Engineer, at (949) 644 -3322 or at rstein(o)newportbeachca.gov. .;alifornia Coastal Commission South Coast District Office 00 Oceangate, 10'h Floor _ong Beach, CA 90802 -4116 southern California Edison 7333 Bolsa Avenue '"Vestminster,CA 92683 lewport Beach Public Library Salboa Branch 100 East Balboa Boulevard ° lewport Beach, CA 92660 Newport Beach Public Library ventral Library 000 Avocado Avenue Newport Beach, CA 92660 Newport Beach Public Library Mariners Branch 300 Irvine Avenue Newport Beach, CA 92660 BL A Gully Restoration Project IS /M'i..j Distribution List Santa Ana Regional Water Quality Control Board 3737 Main St., Suite 500 Riverside, CA 92501 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Newport Beach Public Library Balboa Branch 100 East Balboa Boulevard Newport Beach, CA 92660 Newport Beach Public Library Central Library 1000 Avocado Avenue Newport Beach, CA 92660 Newport Beach Public Library Mariners Branch 1300 Irvine Avenue Newport Beach, CA 92660 ;ity of Irvine Attn: Tim Gehrich, AICP, Manager Cal. Environmental Protection Planning & Development Services Agency '. O. Box 19575 P.O. Box 2815 rvine, CA 92623 -9575 Sacramento, CA 92518 -2815 2ichard S. Zeilenga, Esq. MWDOC itowell, Zeilenga, Ruth, Vaughn & 10500 Ellis Avenue Treiger LLP P.O. Box 20895 ?815 Townsgate Road, Suite 330 Fountain Valley, CA 92728 Vestlake Village, CA 91361 \rmy Corps of Engineers !15 Wilshire Blvd Los Angeles, CA 90017 South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 Southern California Gas Company Professional Native American .919 South State College Blvd. Cultural Resource Monitors Anaheim, CA 92805 P. O. Box 1391 Temecula, CA 92593 U. S. Fish and Wildlife Service Carlsbad Office 6010 Hidden Valley Road Carlsbad, CA 92009 California Department of Fish and Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 State Clearinghouse Office of Planning and Research 1400 Tenth Street P. O. Box 3044 Sacramento, CA 95812 -3044 Stop Polluting Our Newport (SPON) P. O. Box 102 Balboa Island, CA 92626 Gabrielino Tongva Tribal Council Gabrielino Tongva Nation 501 Santa Monica Boulevard, #500 Santa Monica, CA 90401 -2415 Metropolitan Water District of SC Attn: Rebecca De Leon 700 N. Alameda Street, US3 -230 Los Angeles, CA 90012 County of Orange Planning and Development 300 North Flower Street Santa Ana, CA 92705 California Dept of Toxic Substances Control Environmental Review P.O. Box 806 Sacramento, CA 95812 -0806 California Cultural Resource Preservation Alliance Patricia Martz, Ph.D. 1 Songsparrow Irvine, CA 92604 Attn: Iris Lee City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (Total: 10 Copies and 1 Camera Ready) 10 Hard Copies (Commission Members) 1 Camera Ready of MND + Appendices (for Planning Department) i r L_,;k Gully Restoration Project IS /k...D Distribution List Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 P.O. Box = certified mail Non -P.O. Box = via Fed Ex w/ signature delivery 53 Total Hardc®poes State Clearinghouse Office of Planning and Research Attn: Terry Roberts 1400 Tenth Street, Room 121 Sacramento, CA 95814 (15 copies) Q 2EW PORT O :U U S CqG /FOP \P SECTION 5 CONSULTING RESPONSE TO COMMENTS INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Buck Restoration Project LEAD AGENCY: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Contact: Mr. Robert Stein 9491644 -3322 CONSULTANT: Fm m''mm CONSULTING 14725 Alton Parkway Irvine, CA 92618 January 2011 JN 10- 104465 r E PAGE # 1.0 INTRODUCTION ...................................................................... ..............................1 2.0 RESPONSES TO COMMENTS ............................................... ..............................2 3.0 MITIGATION MONITORING AND REPORTING INTRODUCTION ....................16 4.0 MITIGATION MONITORING AND REPORTING PLAN ......... .............................18 rgW FORD o" l• o City of Newport Beach Buck Gully Restoration Project u i Initial Study/Mitigated Negative Declaration 1.0 INTRODUCTION The Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (see Public Resources Code Sections 21000 - 21177), as well as the State CEQA Guidelines (see Title 14 of the California Code of Regulations, Sections 15063). The IS /MND was made available for public review and comment pursuant to State CEQA Guidelines Section 15070. The public review period commenced on October 19, 2010, and concluded on November 18, 2010. The IS /MND and supporting attachments were available for review by the general public at the following locations: ® Newport Beach Public Works Department, located at 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 o Online at the City Website: http:// www .newl)ortbeachca.gov /index.aspx ?page =1347. JN 10- 104465 1 Introduction �a0`x'?ORT City of Newport Beach o Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration q� �soa' ® pp pq 2.® RESPO NSE T® COMM During the public review period, comments were received on the IS /MND from certain interested public agencies and private parties. The following is a list of the persons, firms, or agencies that submitted comments on the IS /MND during the public review period: Comment L_e "_tter Person, Fimr or Agency Letter Letter gated; Receivgd 1 Mike Harriel, Technical Supervisor, Southern California Gas October 22, 2010 October 22, 2010 Company, Orange Coast Region -Anaheim 2 Greg Holmes, Unit Chief, Brownfields and Environmental November 8, 2010 November 8, 2010 Restoration Program, Department of Toxic Substances Control 3 Patricia Martz, President, California Cultural Resource November 10, 2010 November 10, 2010 Preservation Alliance, Inc. 4 Chris Herre, Branch Chief, California Department of November 10, 2010 November 10, 2010 Transportation, District 12, Regional Planning Although the State CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received, as contrasted with a Draft Environmental Impact Report (see State CEQA Guidelines Section 15088), the City has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter. JN 10.104465 2 Response to Comments COMMENT NO. 1 1919 -S. -state College Blvd. ,Anaheim„ CA,9260676114 z�. 1 z(I S S V P� 1 1. Y A Sempra Energy utility October -22;;2010; City ofNewport'Beach 3300 New p oft :Blvd. Newport.Beach, CA 92658 Attention: Robert Stein Subjects Negative Declaration for Buck Gully Restoration Project ffewport. Beach) This letter is not to be interpreted•as a contractual commitment to serve, the proposed project "but only as an information service. Its intent is to notify you that the Southern California :Gas Company has facilities in the area where the above named project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any.sigmficant impact,on the environment. Information regarding construction particulars and any costs associated with initiating' service, may be 'obtained. by contacting the Planning Associate for your area, Dave Baldwin. at (714) 634 -3267. Sincerely, Mike HAriiel Technical Supervisor Orauge�Coast Region- Anaheim MMS mitnegde.doc. 1� r r na.,-O RESPONSE TO COMMENT LETTER NO. 1 Mr. Mike Harriel, Technical Supervisor Southern California Gas Company October 22, 2010 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 1.1 This comment indicates that the Southern California Gas Company has facilities in the project vicinity and that the facilities can be altered or abandoned without any significant impact on the environment. The comment does not provide specific comments regarding information presented in the IS /MND and no further response is necessary. JN 10.104465 4 Response to Comments Linda S. Adams Secretary for Environmental Protection Department of Toxic Substances' Control November 6,201 0 Mr; Robert Stein, in, Assistant City Engineer City,of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 COMMENT NO. 2 NOTICE, OF INTENT TO ADOPT AVITIGATED NEGATIVE DECLARATION. FOR THE BUCK GULLY RESTORATION PROJECT (SCH#20,10101060), ORANGE COUNTY Dear. Mr. Stein: The Department of Toxic Substances "Control (DTS.C) has received your submitted 'draft initial Study (IS) and "purposed draft Mitigated. Negative. Declaration (IVIND) for theabove-mentioned project. The, following, projebt description is stated in your 7h. document: e Pro I poLsed Buck Gully Restoration Project (project) is located within the City, of:Ne ' Newport Beach (City), County of . . :1 . I ., State within I - The Orange, (County), State of.California (State). The oropbsed. Buck Gully Restoration Project i8�aproactive project'thdt the City of Newport Beach has elected to implement,to protect the health qf1 the. ,canyon. Buck Gul,ly,consists of a natural stream draining a watershed of approximately two square miles. The specific: measures to be used. include (,1) bdqo4ay weirs al.h. .d , 0 the.*upp"er Buck Gully' to train the stream flows away from the toe* of the slope, and (2) steooed- . gablon grade control. structures in'the lower reach to safely ,cbnvey flood. flows throudh.thig reach of the canyon, The, project site is located within Buck Gully, upstream of the Pacific 'Ocean aad.south of.Easl: Coast Highway (ECH , ): The- surrounding, land uses consist of single-family residential uses to the east'larid 'west, the: Pacific Ocean to the south, and ECH to the north.. The residential street to the west of the project site is Hazel Drive and to the east is Evening, Canyon Road., PLIIrSuani-to the City of Newport Beach Zoning Code, the proposed project is within areas designated. Single-Family Residential (R-1) and Residential Combining District (R-1-B)". 0 Printed on Recycled Paper A 2.1 Mr. Robert Stein, November 8, 2010 Page-2 Based on the review -of the 'submitted document DTSC has the following comments, 1) The MND should evaluate whether conditions within 'the Project area may pose a threat to human h, ealth or the environment. Following are the databases of.some of the regulatory agencies: • National Priorities List (NPL):,A list maiptained.bythe United States Environmental Protection Agency- (U.S.EPA). • Envirostor (formerly CalSites): A Database primarily Used by the California Department of Toxic Substances Control, accessible through DTSC's website (see below). o Resource Conservation and, Recovery'informatlon System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information,Systeni (CERCLIS): A database of CERCLA sites that is maintained byU.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Iritegrated Waste Management Board which consists of -both open as well as closed and inactive solid waste disposal facilities and transfer stations. • GeoTracker: A List.thats maintained by Regional Water Quality Control Boards. - Local Counties and Cities maintain'lists for hazardous substances cleanup sites, and leaking underground storage tanks, The United States Army Corps of Engineers, 911 Wilshire Boulevard -, Los Angeles, California', NOV, (213) 452 - 3908, maintains a list of Formerly Used Defense Sites (FUDS). 2.2 2) The MND should identify the mechanism to initiate any required investigation and /or remediation for any site within the proposed Project I 2.3 area that may be contaminated, and 'the government agency to provide Mr. Robert Stein November 8, 2010 Paige .3 appropriate regulatory oversight. If necessary, DTSC would require an t 2.3 oversight agreeme,nt'in order to review such documents. 3:) Any environmental investigations, sampling arf&r remediation for a site should be conducted under a Workplan approved and overseen Eby a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of anyinvestigations, including any Phase 1 or 11 Environmental Sit6,Asse§sineht lnvesstigations should be summarized in the document: All sarnpling results in which hazardous 'substances were found above, regulatory standards should be clearly summarized in a table. A.11 closure, certification or remediation- approval reports by regulatory agencies,should be included in the MN,D. 4) if buildings, other structures, asphalt or concrete -paved surface areas. are being planned to be demolished, an investigation should also be. conducted for the presence o€ other hazardous chemicals, mercury,, and' asbestos co. ntaining materials (ACMs) , If other.hazardous chemicals lead'- based paints {LP,B) or products, mercury or ACMs'are identified, proper "precautions should be taken during demolition activities. Additionally, the contaminants should be remediated tin compliance with' California environmental regulations and policies: 5) Future project construction may require soil excavation or filling in certain areas. Sampling maybe required. If soil is contaminated, it must. be properlydisposed and not simply placed in another location orisite. Land Disposal Restrictions {LD.Rs) may be applicable to such soils. .Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the irriportedsoil is free of contamination. 6) Human health and the environment of'sensitive receptors should be protected during any construction or demolition activities. If necessary; a health risk assessmen, 't overseen 1. nd` approved by the appropriate government agency should be conducted bya qualified health risk assessor to determine if there' are, have been, or will be; any releases of hazardous materials that may pose a risk tohuman health or the environment. 2.4 2.5 2.6 Y 2.7 l 7) If the site was used fdr agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides,: agricultural chemical', 2.8 organic waste or other related residue. Proper investigation, and Mr. Robert Stein November 8, 2010 Page 4 remedial actions, if necessary; should be conducted under the oversight of and approved by a government agency at the site prior to construction. I 2,8 of the project. 8) If it is determined that hazardous wastes are, or will be generated by the proposed operations,, the wastes must be managed in accordance with the California Hazardous Waste Control' Law - (California Health and Safety Gode, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title •22, Division 4.5). If it is determine di that hazard ous, wastes will be generated, the facility should also obtain a'United States Environmental Protection Agency Identification Number by contacting (800) 618 -6942. Certain hazardous waste treatment processes or hazardous materials„ Handling, storage or uses may require authorization from the. local •Certified Unified Program Agency (CUPA). Information about the requirement for authorization, can be :obtained by contacting your local CUPA. 9) DTSC can provide cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. _F.or additional information on the EOA or VCA, pieasesee www.dtsc.ca.gov /SiteCleanup /Brownfields, or contact Ms. Maryam Tasnif- Abbasi; D_ TSC's Voluntary Cleanup Coordinator, at (714) 484- 54.89. If you have any questions regarding this letter, please contact Rafiq Ahmed, Project Manager, at,rahmed @dtsc.ca.00v, or by phone at (714) 484 -5491. Sincerely, k e7��� Greg Holmes Unit Chief Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State'Clearinghouse P.O. ;Box 3044 Sacramento, California 95812-3044 state. clearinohouse(a)aor. ca. g ov. 2.9 2.10 Mr. Robert Stein November 8, 2010 Page 5 cc: CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 ADelacrl(cDdtsc.ca.gov. CEQA # 3051 � e�f'W ART O 6 ci�:::a�;t RESPONSE TO COMMENT LETTER NO. 2 Mr. Greg Holmes, Unit Chief Brownfields and Environmental Restoration Program Department of Toxic Substances Control November 8, 2010 2.1 This comment introduces the project description. City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 2.2 This comment states that the MND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. As stated in Section 4.8, Hazards and Hazardous Materials, the project site consists of a natural canyon and perennial stream. It is not anticipated that environmental conditions or hazardous materials exist within the canyon. Environmental Data Resources, Inc. conducted a records search of regulatory databases for the project site and properties within a quarter -mile radius to determine whether regulatory sites or hazardous wastes had been reported within or near the project site. The EDR records search included a search of federal, state, and local agency environmental records, and a search for information about the physical setting of the project site and its surroundings. An environmental condition within the boundaries of the project site because of surrounding regulated properties is considered to be low due to the properties distance from the project site and /or regulatory status. 2.3 This comment states that the MND should identify the mechanism to initiate any required investigation and /or remediation for any site within the project area that may be contaminated. Based on the database search discussed in Response 2.2 and multiple field visits, no further investigation or remediation is warranted. In the unlikely event that hazardous materials are encountered during construction, Mitigation Measure HAZ1 shall be implemented to reduce impacts to a less than significant level. 2.4 This comment discusses activities that are required should sampling and /or remediation be required. Refer to Response 2.3, above. 2.5 This comment discusses measures that are required for the demolition of structures, asphalt or concrete -paved surfaces. No demolition of structures, asphalt or concrete - paved surfaces is proposed with the proposed project. 2.6 This comment states sampling may be required. Refer to Response 2.3, above. 2.7 This comment states that human health and the environment of sensitive receptors should be protected during any construction or demolition activities. In the unlikely event that hazardous materials are encountered during construction, Mitigation Measure HAZ1 shall be implemented to reduce impacts to a less than significant level. 2.8 This comment discusses issues relevant to agricultural, livestock and related land uses. The project site is situated in a natural canyon; no agricultural, livestock or related land uses are present within the boundaries of the project site. JN 10. 104465 10 Response to Comments 2EWRp oe o City of Newport Beach W )� Buck Gully Restoration Project u i Initial Study /Mitigated Negative Declaration �r G< /FOH� 2.9 This comment states the processes to follow should hazardous materials be found onsite. As mentioned in Section 4.8, Hazards and Hazardous Materials, City regulations include a Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Chapter 9.04 of the City's Municipal Code, and implementation of the California Accidental Release Prevention Program. Elements of these programs include spill mitigation and containment and securing of hazardous materials containers to prevent spills. Compliance with these requirements is mandatory as standard permitting conditions and would minimize the potential for the accidental release or upset of hazardous materials, helping to ensure public safety. 2.10 This comment states that DTSC can provide cleanup oversight and can provide additional information with respect to cleanup programs. The comment does not provide specific comments regarding information presented in the IS /MND and no further response is necessary. JN 10404465 11 Response to Comments P.O. Box 54132 Irvine, CA 92619 -0132 November 10, 2016 COMMENT NO. 3 California Cultural Resource Preservation Alliance, Inc. An alliance of American'Indian and s6enfific communities working for the preservation of archaeological sites-and other cultural resource's. Mr.. Robert Stein, Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA-92663 Dear Mr. Stein: Thank you for the opportunity to review the Initial Study and Mitigated Negative Declaration for the Buck Gully Restoration Project: As stated in section, 4:5 Cultural Resources, "Over 50 archaeological sites have been documented within the City. ....at least two distincY_cultuzal groups.inhabited the City ofNewport.Beach, and later'period,. sites indicate. that the City was heavily populated at.the;time of European contact" Previous studies of settlement patterns in coastal southern California indicate that village sites were usually located along a stream or canyon and in particular, at the mouth of the stream or canyon Where it'empti'es into the ocean (Moratto; Michael California Archaeology 1984), therefore therd'is a high potenti.al'that buried, cultural resources maybe present within the proposed, project and d rectly_ rnpacted.by ground disturbing construction ,activity. Given the potential for the.presence of sigaificantarchaeological resources, mitigation measures CRl and CR 2 that rely on construction personnel to iecbgnize, "potentially significant archaeological evidence' are not adequate to ensure that buried cultural resources are discovered and there is the opportunity for further mitigation measures to lessen the impacts. Construction personnel are not trained or qualified to make this determination. We strongly recommend that the mitigation measures include provisions for professional archaeological and Native American monitoring. In the interest of cultural resources preservation, we sincerely hope that our continents will, be considered and that adequate mitigation measures pertaining to, cultural resources will be included in a revision of the Mitigated Negative Declaration, if the California Cultural Resources Alliance may be of assistance and if you have questions; regarding our comments,. please call meat (949) 559 -6490, or email pmartz @calstatela.edu. With concern for the preservation of cultural resources, Patricia Martz, Ph.D. President 3.1 4���'Oq� urr{�!� ji City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration RESPONSE TO COMMENT LETTER NO. 3 Ms. Patricia Martz, President California Cultural Resource Preservation Alliance, Inc. February 25, 2010 3.1 This comment recommends that existing mitigation measures include provisions for professional archaeological and Native American Monitoring. Due to significant sedimentation within the canyon, excavation activities would be limited within native soils. However, due to the undeveloped nature of the canyon floor, an on -call qualified archaeologist monitor shall be retained and City staff will be present during excavation activities. This measure will be identified as CR4 (written below in double- underline text) and incorporated into the Mitigation and Monitoring Table as part of the Final IS /MND. Mitigation Measure: CR4: excavation activities. A 10. 104465 13 Response to Comments COMMENT NO. 4 ST\ T£ OFC4IIFORNlA— BUSIP£SSTRANSPORTATION AND HOII$INO AOE`'CY ARNOLb ScMVAR7FNF 7R c DEPARTMENT OF TRANSPORTATION District 12 o 33'37 Michelson Drive, Suite 380 Irvine, CA 92612 -8894. Tel: (949) 724-2267 - - Fax. (9'49) 724 -2592 FlnerV y7cie f Be rnergyr�cienrf November 1.0, 2010 Robert Stein File: IGRlCEQA City of Newport Beach SCH4: 2010101060 3300 Newport Boulevard :Log #: 2620 Newport Beach, CA 92658 SR =1 Subject: Buck'Gully Restoration Project Dear Mr. ;Stein; Thank you for' the opportunity'to'review and cominent on the Negative'Declaration for the. Buck Gully Restoration Project. The project proposes installing stepped- gabioil grade control_ structures with subsurface flow wetlands in'the lower reach of Buck Creek and bend- v,ay'weirs along the upper bend of the creek. The nearest State route io the project site is SR -:1. The California Department of T'ansportati:on (:Department), District 12 is a'commenling'a'gency on this project and we. have no continent at this time. However; in the event of any activity within the Department's right -of -way, an encroachment permit will be required: Please contiriue to keep us informed of this project and any future developments, which, could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Datnon Davis at (9499 440 -3487. Sine iris Herre, Branch Chief Local, DevelopnictiVIntergosenunentaf Review C: Terry Roberts, Office of Planning and Research "Column- h"Pruvea':�nobilR)' «cow's Cidijm?�i«.. 4.1 c'ti-wRr. City of Newport Beach Buck Gully Restoration Project u Initial Study /Mitigated Negative Declaration r —'ter �4aoaN I RESPONSE TO COMMENT LETTER NO. 4 Mr. Chris Herre, Branch Chief California Department of Transportation November 10, 2010 4.1 This comment indicates that the California Department of Transportation is a commenting agency and has no comments at this time. The comment does not provide specific comments regarding information presented in the IS /MND and no further response is necessary. a 0 O A 10. 104465 15 Response to Comments SECTION 6 MF CONSULTWO IIZ!III _111 ill O -NIlial`,111 d[e7_ 9:4bia=10:A01! /=111 1]*91W -AMANI M Z Buck Gully -'Vestoration Project LEAD AGENCY: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Contact: Mr. Robert Stein 949/644 -3322 CONSULTANT: MF ■ CONSULTING 14725 Alton Parkway Irvine, CA 92618 October 2010 JN 10- 104465 TABLE OF CONTENTS Paqe 1.0 INTRODUCTION .........................................................."..................... ..............:................ 1 1.1 Statutory Authority and Requirements ..................................... ............................... 2 1.2 .. ... .................................................................... Purpose ....... .. . .. ..............................2 1.3 Incorporation by Reference ...................................................... ............................... 3 2.0 PROJECT DESCRIPTION .................................................................. ............................... 5 2.1 Project Location ....................................................................... ............................... 5 2.2 Project Objectives .................................................................... ............................... 5 2.3 Environmental Setting ..................................................:........... ............................... 5 2.4 Existing General Plan Designation and Zoning ....................... ............................... 9 2.5 Project Characteristics ............................................................. ............................... 9 2.6 Earlier Analyses ..................................................................... ............................... 10 2.7 Project Phasing ...................................................................... ............................... 10 2.8 Project Approvals ..................................................................... .............................10 3.0 INITIAL STUDY CHECKLIST ............................................................ ............................... 14 3.1 Background ..............................................................::.............. .............................14 3.2 Environmental Factors Potentially Affected ........................... ............................... 15 3.3 Evaluation of Environmental Impacts .................................... ............................... 15 4.0 ENVIRONMENTAL ANALYSIS ......................................................... ............................... 17 4.1 Aesthetics ................................................................................. .............................17 4.2 Agriculture and Forest Resources ......................................... ............................... 19 4.3 Air Quality ............................................................................... ............................... 21 4.4 Biological Resources ............................................................. ............................... 28 4.5 Cultural Resources ................................................................ ............................... 34 4.6 Geology and Soils .................................................................. ............................... 37 4.7 Greenhouse Gas Emissions .................................................. ............................... 40 4.8 Hazards and Hazardous Materials ........................................ ............................... 42 4.9 Hydrology and Water Quality ................................................. ............................... 47 4.10 Land Use and Planning ......................................................... ............................... 51 4.11 Mineral Resources ................................................................. .......................... ...... 55 4.12 Noise ...................................................................................... ............................... 56 4.13 Population and Housing ......................................................... ............................... 63 4.14 Public Services ....................................................................... ............................... 64 4.15 Recreation ................................................................................ .............................66 4.16 Transportation and Traffic ...................................................... ............................... 67 4.17 Utilities and Service Systems ................................................. ............................... 69 4.18 Mandatory Findings of Significance ....................................... ............................... 71 5.0 LIST OF MITIGATION MEASURES .................................................. ............................... 73 5.1 Air Quality ............................................................................... ............................... 73 5.2 Biological Resources ............................................................. ............................... 73 5.3 Cultural Resources ................................................................ ............................... 74 5.4 Hazards and Hazardous Materials ........................................ ............................... 75 5.5 Noise ........................................................................................ .............................75 5.6 Transportation and Traffic ...................................................... ............................... 76 0 10 M TABLE OF CONTENTS (CONTINUED) 6.0 DETERMINATION ............................................................................. ............................... 77 7.0 REFERENCES ..................................................................................... .............................78 7.1 Environmental Evaluation Personnel ..................................... ............................... 78 7.2 Reference Documents ........................................................... ............................... 78 APPENDIX A Air Quality Modeling Data B Biological Constraints Assessment C Focused Biological Surveys D Delineation of Jurisdictional Waters E EDR Radius Map Report with GeoCheck F Noise Modeling Data F LIST OF EXHIBITS 1 Regional Vicinity ................................................................................... ............................... 6 2 Site Vicinity ........................................................................................... ............................... 7 3 Project Site ....................... :.................................................................................................. 8 4 Proposed Improvements .................................................................... ............................... 11 5 Subsurface Flow Wetland Cross - Section .......................................... ............................... 13 A LIST OF TABLES 1 Construction Air Emissions ................................................................ ............................... 23 2 Summary of Localized Significance of Construction Emissions ....... ............................... 26 3 Jurisdictional Impact Summary .......................................................... ............................... 30 4 Estimated Greenhouse Gas Emission Projections ........................... ............................... 41 5 Identified Sites Within a One -Mile Radius of the Project Site ........... ............................... 43 6 Typical Construction Equipment Noise Levels .................................. ............................... 58 7 Construction Average Leq Noise Levels by Distance and Construction Stage ............... 59 8 Typical Vibration Levels for Construction Equipment ........................ ............................... 61 ry 2010 LIST OF ACRONYMS AAQS Ambient Air Quality Standards AB Assembly Bill ANSI American National Standards Institute AQMP Air Quality Management Plan Basin South Coast Air Basin BMP Best Management Practice BSA Biological Study Area CAA (Federal) Clean Air Act Caltrans California Department of Transportation CARB California Air Resources Board CCC California Coastal Commission CCR California Code of Regulations CEQA California Environmental Quality Act CDFG California Department of Fish and Game CDP Coastal Development Permit City City of Newport Beach CLUP Coastal Land Use Plan CNDDB California Natural Diversity Database CNEL Community Noise Equivalency Level CNPS California Native Plant Society CO Carbon Monoxide CO2 carbon dioxide CO2e CO2 equivalent County County of Orange CVC California Vehicle Code CWA (Federal) Clean Water Act DAMP Drainage Area Management Plan dB Decibel(s) DOF (California) Department of Finance EB Eastbound ECH East Coast Highway ECP Erosion Control Plan EPA (U.S.) Environmental Protection Agency ESA Environmental Study Area ESHA Environmentally Sensitive Habitat Area FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map General Plan City of Newport Beach General Plan General Plan EIR (General Plan) 2006 Update Final Environmental Impact Report HCP Habitat Conservation Plan IA Implementation Agreement In Inch(es) IPCC International Panel for Climate Change km Kilometer(s) LOS Level of service m Meter(s) MBTA Migratory Bird Treaty Act MCAS Marine Corps Air Station MEA Master Environmental Assessment mi Mile(s) Minimal NES Minimal Natural Environmental Study MIND Mitigated Negative Declaration msl mean sea level 2010 LIST OF ACRONYMS (CONTINUED) NAHC Native American Heritage Commission NB Northbound NCCP Natural Community Conservation Plan NOA naturally occurring asbestos NOI Notice of Intent NOx Nitrogen oxides NPDES National Pollution Discharge Elimination System NROC Nature Reserve of Orange County 03 ozone OCFA Orange County Fire Authority OCFCD Orange County Flood Control District OCTA Orange County Transit Authority Pb lead PMZ,5 Particulate matter up to 2.5 microns in diameter PM10 Particulate matter up to 10 microns in diameter PS &E Plans, Specifications, and Estimates RCPG (SLAG) Regional Comprehensive Plan and Guide REC Recognized Environmental Condition RME Regional Mobility Element ROGs Reactive organic gases ROW Right -of -way RTIP Regional Transportation Improvement Plan RWQCB Regional Water Quality Control Board SB Southbound SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCS (U.S.) Soil Conservation Service SoCAB South Coast Air Basin Sox sulfur oxides SSF Subsurface flow SRA Seismic response area State State of California SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resources Control Board TCP Traffic Control Plan UBC Uniform Building Code USACE U.S. Army Corps of Engineers USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service (Department of the Interior) USGS U.S. Geological Survey (Department of the Interior) W B Westbound WPCA (Federal) Water Pollution Control Act 4�E`Po „�B 10 Buck Gully Restoration Project I Initial Study /Mitigated Negative Deu,eration 1.0 Introduction 1.0 INTRODUCTION Buck Gully downstream of East Coast Highway in the City of Newport Beach is in active decline. Due to upstream development, there has been a loss of sediment entering the canyon. Since the 1990s, storm runoff has been stripping sediment from the canyon bottom, resulting in downcutting of the streambed up to fifteen feet in the upper reaches of the canyon. This streambed scour is now evident in the lower reaches of the canyon (there is currently a fifteen -foot waterfall that is headcutting up toward Coast Highway). This continuing dramatic loss of sediment in the lower canyon is causing several adverse conditions. Without action, the soil substrate would be lost due to severe erosion, thereby increasing impacts to the native plant community. With the loss of sediment, the defined limits of the streambed have been significantly altered, resulting in multiple flow paths across the canyon. One flow path has migrated to the toe of the slope on the west side of the canyon, where it is eroding the slope buttress. The proposed project will protect the canyon bottom from a massive loss of sedimentduring a large storm event, which in turn will protect the buttress of the canyon slopes to forestall the potential for slope destabilization /failure. The proposed Buck Gully Restoration project is a proactive project that the City of Newport Beach has elected to implement to protect the health of the canyon. The project would implement measures to restore the creek back to its normal water course and provide energy dissipation within the streambed in a non - intrusive manner that is necessary for maintaining a stable equilibrium within the canyon. The specific measures to be used include (1) bend -way weirs along the upper bend of lower Buck Gully to train the stream flows away from the toe of the slope, and (2) stepped - gabion grade control structures in the lower reach to safely convey flood flows through this reach of the canyon. The proposed bend -way weirs are a series of upstream - angled low- profile stone sills designed to control and redirect currents and velocities throughout a bend of a river or stream. These underground, rock -type structures will protect the base of the canyon slopes from erosion and reduce the potential of slope destabilization /failure, which may result in damage to the existing residential structures situated at the top of these slopes. In addition, this installation would more uniformly distribute high flows, thereby reducing velocities and limiting the erosive nature of major flood events. The proposed gabion grade control structures are the same type of structures used successfully in the 2004 Morning Canyon restoration project. Gabion structures are woven or welded wire mesh baskets filled with rocks that are used to structurally retain earth in a non - obtrusive manner. The gabion structures are backfilled with native soil and planted with willows or mule fat. These trees take root within the natural voids of the rocks contained within the gabion baskets. Following preliminary review of the proposed Buck Gully Restoration project, the City of Newport Beach determined that it is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects associated with the Buck Gully Restoration project, as proposed. ®RAVII.i 1 October 2010 Buck Gully Restoration Project Initial Studv /Mitigated Neqative Declaration 1.0 Introduction 1.1 STATUTORY AUTHORITY AND REQUIREMENTS In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 - 21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR), the City of Newport Beach, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact. If, as a result of the Initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report (EIR) is warranted to analyze project - related and cumulative environmental impacts. Alternatively, if the Lead Agency finds that there is no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration for that project. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources Code). The environmental documentation, which is ultimately selected by the City of Newport Beach in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting documentation is not, however, a policy document, and its approval and /or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. The environmental documentation and supporting analysis is subject to a public review period. During this review, public agency comments on the document relative to environmental issues should be addressed to the City of Newport Beach. Following review of any comments received, the City of Newport Beach will consider these comments as a part of the project's environmental review and include them with the Initial Study documentation for consideration by the City of Newport Beach. 1.2 PURPOSE The purposes of the Initial Study are to: (1) identify environmental impacts; (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify project, mitigating adverse impacts before an EIR is prepared; (4) facilitate environmental assessment early in the design of the project; (5) provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environmental effect; (6) eliminate needless EIRs,; (7) determine whether a previously prepared EIR could be used for the project; and (8) assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant. Section 15063 of the CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include:. (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix or other method, provided that entries on a checklist or other form are briefly Buck Gully Restoration Project Initial Study /Mitigated Negative De,.,ration 1.0 Introduction explained to indicate that there is some evidence to support the entries; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6) the name of the person or persons who prepared or participated in the preparation of the Initial Study. 1.3 INCORPORATION BY REFERENCE Pertinent documents relating to this Initial Study /Mitigated Negative Declaration have been cited and incorporated by reference, in accordance with Sections 15148 and 15150 of the CEQA Guidelines, to eliminate the need for inclusion of voluminous engineering and technical reports within the Initial Study. Of particular relevance are those documents that present information regarding descriptions of environmental settings, future development - related growth, and cumulative impacts. This Initial Study/Mitigated Negative Declaration has incorporated by reference the City of Newport Beach General Plan (General Plan), the City of Newport Beach General Plan 2006 Update Final Environmental Impact Report (General Plan EIR), the City of Newport Beach Zoning Code, and the City of Newport Beach Local Coastal Program Coastal Land Use Plan. These documents were utilized throughout this Initial Study /Environmental Checklist and are available for review at the City of Newport Beach. City of Newport Beach General Plan The General Plan is comprised of 10 elements: Land Use, Harbor and Bay, Housing, Historical Resources, Circulation, Recreation, Arts and Cultural, Natural Resources, Safety, and Noise. The General Plan was adopted on July 25, 2006, and approved by a vote of the populace on November 7, 2006. The General Plan is intended to be used as a guide for the City's future. Each element of the Plan addresses the City's philosophy and approach toward different components of City development and provides goals and policies for implementation. The following policy from the Natural Resources Element provides policy direction for Buck Gully: Policy NR 10.8, Standards for Buck Gully and Morning Canyon, states that the City shall "prepare natural habitat protection regulations for Buck Gully and Morning Canyon for the purpose of providing standards to ensure both the protection of the natural habitats in these areas and of private property rights. Include standards for the placement of structures, native vegetation /fuel modification buffers, and erosion and sedimentation control structures." City of Newport Beach, General Plan 2006 Update Final Environmental Impact Report SCH No. 2006011119 The City of Newport Beach General Plan 2006 Update EIR examined the potential effects of the proposed General Plan Update for the City. This EIR reviewed the existing conditions of the City of Newport Beach and the Planning Area, analyzed potential environmental impacts from implementation of the General Plan Update, identified policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identified additional mitigation measures to reduce potentially significant impacts of the General Plan Update. Buck Gully Restoration Project l I 'I ' Initial Study /Mitigated Negative Declaration 1.0 Introduction City of Newport Beach Zoning Code The City of Newport Beach Zoning Code, adopted March 24, 1997 by Ordinance Number 97 -09, identifies land uses permitted and prohibited according to the zoning category of particular parcels. The provisions and standards contained in this Code are cited throughout this Initial Study /Environmental Checklist. City of Newport Beach Local Coastal Program Coastal Land Use Plan The City of Newport Beach Local Coastal Program Coastal Land Use Plan (CLUP), approved by the California Coastal Commission on October 13, 2005 and adopted on December 13, 2005 by Resolution Number 2005 -64, sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City of Newport Beach and its sphere of influence, with the exception of Newport Coast and Banning Ranch. The provisions and standards contained in this Plan are cited throughout this Initial Study /Environmental Checklist. Buck Gully Restoration Project Initial Study /Mitigated Negative Deu,dration 2.0 Project Description 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION The proposed Buck Gully Restoration Project (project) is located within the City of Newport Beach (City), County of Orange (County), State of California (State); refer to Exhibit 1, REGIONAL VICINITY, and Exhibit 2, SITE VICINITY. The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH) (refer to Exhibit 3, PROJECT SITE). The surrounding land consists of residential uses to the east and west, the Pacific Ocean to the south, and ECH to the north. The residential street to the west of the project site is Hazel Drive and to the east is Evening Canyon Road. 2.2 PROJECT OBJECTIVES The proposed project is partially funded by Proposition 84. The objective of the Buck Gully Restoration project is to provide an engineered solution to stabilize the bed gradient of the lower Buck Gully, located downstream of ECH, and to reduce the potential of future gradual or catastrophic failure of the adjacent canyon-slopes and subsequent adverse impacts to the existing occupied structures, which skirt the rim of this lower canyon. 2.3 ENVIRONMENTAL SETTING 2.3.1 Existing Land Uses The project site is located within the coastal zone and is within a preserve area designated by the Coastal Subregion of Orange County's Natural Community Conservation Plan /Habitat Conservation Plan. Per the CLUP, Section 4.1.3, Buck Gully is designated as an Environmental Study Area (ESA). The CLUP defines ESAs as relatively large, undeveloped areas that contain natural habitats and may be capable of supporting sensitive biological resources. Portions of the ESAs are known to contain habitat that constitutes an Environmentally Sensitive Habitat Area (ESHA). Section 30107.5 of the Coastal Act defines an ESHA as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or disturbed or degraded by human activities and developments." On -site elevations range from approximately 10 feet above mean sea level (msl) to 100 feet above msl. Buck Gully consists of a natural stream draining a watershed of approximately two square miles. The project site is surrounded by residential uses. Urbanized effects (i.e., encroachments, sediment loss, reduction in water quality and pervious areas, invasive plants, nuisance runoff, etc.) over the past 50 years have impacted the stream, particularly in the downstream reach from ECH to Little Corona Beach. Erosion and dynamic sediment processes have resulted in split flows, debris islands, and low -flow impingement along the toe of canyon slopes. 2.3.2 Surrounding Land Uses The surrounding land uses consist of single - family residential uses to the east and west, the Pacific Ocean to the south, and ECH to the north. The residential street to the west of the project site is Hazel Drive and to the east is Evening Canyon Road. TEwroir 5'i S A N B E R N A R D I N O CGNSUITING not to scale Wt9JN 1414) MISM MA$ ® Project Site BUCK GULLY RESTORATION PROJECT • IS /MND Regional Vicinity Exhibit 1 z 117 °52'00" W 117 °51'00" W 50'00" W WGS84117 °49'00" W z C ek m y, m � ppt Val M •� 7 �r w _ m s •3T 1• «'•i &1,.' Bic ct Crryw « ��V �.: • II MUUIVFNn r � �1 � a �� 1 _ Fall C -PuCk i e vo ., - z :. .m �5 o I e« moo_ INTIMI 117 °52'00" W 117 °51'00" W 117 °50'00" W 13%' a s I we Project Site �0 HFI o IN If[U IWITIS El ?Wdfa TOPOI 0=1 Ntlmd ewpepbi H.Ibv (wwwbp,.O Q0 2500 - BUCK GULLY RESTORATION PROJECT • IS/MN D ® Site Vicinity CONSULTING I WIWJN1bI0H85 -0fiYdMAS Exhibit z W CONSULTING BUCK GULLY RESTORATION PROJECT • IS /MND Q not to scale Project Site Project Site WM JN 10.10 6- 15308M Exhibit 3 Buck Gully Restoration Project I Initial Study /Mitigated Negative De�.oration 2.0 Project Description 2.4 EXISTING GENERAL PLAN DESIGNATION AND ZONING The General Plan, adopted July 25, 2006, Land Use Element, designates the areas within the project site as Single -Unit Residential Detached (RS -D) and Open Space (OS), and, at the outfall to the Pacific Ocean, Parks and Recreation (PR). Pursuant to the City of Newport Beach Zoning Code, the proposed project is within areas designated Single - Family Residential (R -1) and Residential Combining District (R -1 -B). 2.5 PROJECT CHARACTERISTICS The canyon is in active decline. The proposed project will install stepped - gabion grade control structures in the lower reach and bend -way weirs along the upper bend of lower Buck Gully (south of East Coast Highway). Gabion structures are woven or welded wire mesh baskets filled with rocks that are used to structurally retain earth to assist in sediment and erosion control. Bend -way weirs are a series of upstream - angled low- elevation stone sills designed to control and redirect currents and velocities throughout a bend of a river or stream. These structures would limit bed erosion, particularly along the base of canyon slopes, and reduce the potential of slope destabilization /failure, which may result in damage to existing residential structures located at the top of these slopes. In addition, this installation would lower the grade and uniformly distribute high flows, thereby reducing velocities, and subsequently limiting the erosive nature of major flood events. Refer to Exhibit 4, PROPOSED IMPROVEMENTS. Grading of the project site is designed for balanced cut and fill. Vegetation removed during construction would be transported off -site for disposal. Disturbed areas will be revegetated with a native seed mix and /or container plants and trees that would be approved by the California Department of Fish and Game, California Coastal Commission, and City of Newport Beach. Prior to construction, the revegetation and landscape plan would be submitted and approved by the agencies as part of the regulatory review process. It should be noted that areas currently containing non - native species within the project footprint would also be revegetated with a native plant palette. Two subsurface flow wetlands would be constructed concurrently with the gabion structures and revegetation of native species effort. The subsurface flow wetlands would be located immediately upstream of the two downstream gabion structures. A constructed wetland is an engineered system that has been designed and constructed to use natural processes involving wetland vegetation, soils, and associated microbial activity to provide treatment of storm water and wastewater. Subsurface flow systems keep water below the soil surface and are sealed basins approximately two feet deep filled with a porous substrate of sand or gravel to support wetland macrophytes. Water moves horizontally through the pore spaces between the substrate and plant roots, and remains below the surface of the substrate. Subsurface flow systems remove constituents by reduction to insoluble forms that are deposited in sediments, accumulated in plant tissues, and volatilized to the atmosphere through biological processes facilitated by plants, plant/microbe associations, and microbes alone. It is a combination of physical, chemical, and biological processes through an interaction between water, substrate, plant roots, and micro - organisms that drives the remediation of constituents. Refer to Exhibit 5, SUBSURFACE FLOW WETLAND CROSS - SECTION. It is anticipated that storm, surface, ground, and other waters would be encountered at various times and locations during construction. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and /or public property by flooding, lateral erosion, sedimentation, or pollution if not properly Buck Gully Restoration Project � if Initial Study /Mitigated Negative Decaration 2.0 Project Description controlled by the Contractor. The Contractor would conduct all operations in such a manner that storm, surface, ground, or other waters may proceed along the existing drainage course. Drainage of water from existing outlets would be maintained at all times. Diversion of water around the construction site would be required in order to protect construction in progress. The diversion would include the construction of a small cofferdam at the upstream limits of the work area (chosen by the Contractor), and the use of a plastic storm drain pipe to convey flows through the site. The diversion pipe would be sized to convey the anticipated daily flow through the site. Surface runoff water, including all water used during operations, containing mud, silt or other deleterious material due to the construction of this project, would be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating onto the beach or into the ocean. During the course of water control, the Contractor would conduct construction operations to protect waters from being polluted with fuels, oils, bitumens, or other harmful materials, and would be responsible for removing said materials in the event protective measures are riot effective. Construction staking would occur within the limits of the construction /temporary easement. Staging of equipment and materials would occur within the construction easement, which would be located throughout the canyon. Contractor access to the project site would be provided by the existing public beach access road (Glen Drive) at the corner of Ocean Boulevard and Poppy Avenue. Construction traffic would access the project site from Marguerite Avenue to Ocean Boulevard only; no other streets would be utilized. The existing access road would remain open for public use during construction. Should the project not occur, the canyon would be in active decline and continue to undergo significant erosion during major flood events, which may result in some form of slope failure in the future. 2.6 EARLIER ANALYSES This Initial Study hereby incorporates by reference (in accordance with Section 15150 of CEQA) the General Plan, adopted July 25, 2006 and approved by populace November 7, 2006, the EIR, dated July 2006, and the City of Newport Beach Local Coastal Program Coastal Land Use Plan, approved by the California Coastal Commission on October 13, 2005, and adopted on December 13, 2005 (refer to Section 7.2, Reference Documents). 2.7 PROJECT PHASING The construction of the project would occur over a four to six month window, beginning fall 2011. 2.8 PROJECT APPROVALS Approval Adoption of Mitigated Negative Declaration Section 404 Permit Section 401 Water Quality Certification 1602 Streambed Alteration Agreement Coastal Development Permit Approval of Construction Bid Documents Standard Plan Check Procedures Issuance of Construction Permit Agency City of Newport Beach United States Army Corps of Engineers Regional Water Quality Control Board California Department of Fish and Game California Coastal Commission City of Newport Beach City of Newport Beach City of Newport Beach 0 A .. ail 74F 1 } r L a + J h T• t._. #A 1 l i as: u i 0 �a r' • Soil Pits Q Permanent Easment ® Developed Buck Gully Restoration Project 0 Picture Points Temporary Easment -Corps /CDFG /CCC Jurisdictional Send-Way Weir Parcel an um l Line d Number Drainage Impact (Non - Wetland) -- Proposed Improvements [=Stepped Gabion Grade Control Structure - CDFG Jurisdictional Vegetation Impact Source-- .EagleAeria12009 — Project Improvements ® CCC Jurisdictional Wetland Impact fT Corps /CDFG Jurisdictional Wetland Impact O Feet Exhibit - - OrainageEasement CM Access Route �= _ Ornamental Vegetation 0 62.5 125 250 MATRIX R II TANK MODULE OR EQUIVALENT PW CONSULTING OUTLET HEADER 0 not to scale WMM 161(946S15343 WS WIDTH WETLAND VEGETATION 5" MIN PREPARED SUBGRADE FINAL GRADE 4 HYDROSEED oiiil a WEIR PLATE TRENCH FOR CELL FEEDING \ INLET HEADER BUCK GULLY RESTORATION PROJECT - IS /MND Subsurface Flow Wetland Cross - Section Exhibit 5 Buck Gully Restoration Project II Initial Study /Mitigated Negative Declaration 3.0 Initial Study Checklist 3.0 INITIAL STUDY CHECKLIST 3.1 BACKGROUND 1. Project Title: Buck Gully Restoration project 2. Lead Agency Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 2. Contact Persons and Phone Number: Mr. Robert Stein 949/644 -3322 (phone] 4. Project Location: The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway. 5. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 6. General Plan Designation: Single -Unit Residential Detached (RS -D) and Open Space (OS). The project site at the outfall to the Pacific Ocean is designated as Parks and Recreation (PR). The City of Newport Beach Local Coastal Program Coastal Land Use Plan identifies the project site as Estate Residential (RE) and Open Space (OS). 7. Zoning: Single - Family Residential (R -1) and Residential Combining District (R -1 -B) 8. Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project and any secondary support or off -site features necessary for its implementation.) Refer to Section 2.4, Project Characteristics. 9. Surrounding Land Uses and Setting: The project site is located within the coastal zone and is within a preserve area designated by the Coastal Subregion of Orange County's Natural Community Conservation Plan /Habitat Conservation Plan (refer to Exhibit 3, PROJECT SITE). The project site is surrounded by single- family residential uses. On -site elevations range from approximately 10 feet above mean sea level (msl) to 100 feet above msl. Buck Gully consists of a natural stream draining a watershed of about two square miles. Urbanized effects (i.e., encroachments, sediment loss, reduction in pervious areas, invasive plants, nuisance runoff, etc.) over the past 50 years have impacted the stream, particularly in the downstream reach from ECH to Little Corona Beach. Erosion and dynamic sediment processes have resulted in split flows, debris islands, and low -flow impingement along the toe of canyon slopes. 10. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement). United States Army Corps of Engineers Regional Water Quality Control Board California Department of Fish and Game California Coastal Commission 14 r a R Buck Gully Restoration Project Initial Study /Mitigated Negative De,,aration 3.0 Initial. Study Checklist 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 3.3 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant Impact With Mitigation Incorporated," as indicated by the checklist on the following pages. EVALUATION OF ENVIRONMENTAL IMPACTS This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture Resources • Air Quality • Biological Resources • Cultural Resources • Greenhouse Gas Emissions • 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 • Utilities and Service Systems The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: • No Impact. The development will not have any measurable impact on the environment. 9640 15 October 2010 Aesthetics Land Use and Planning Agriculture and Forest Resources Mineral Resources ✓ Air Quality ✓ Noise ✓ Biological Resources Population and Housing ✓ Cultural Resources Public Services Geology and Soils Recreation Greenhouse Gas Emissions ✓ TransportationfTraffic ✓ Hazards & Hazardous Materials Utilities & Service Systems Hydrology & Water Quality ✓ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture Resources • Air Quality • Biological Resources • Cultural Resources • Greenhouse Gas Emissions • 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 • Utilities and Service Systems The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: • No Impact. The development will not have any measurable impact on the environment. 9640 15 October 2010 Buck Gully Restoration Project f f Initial Study /Mitigated Negative Deuiaration 3.0 Initial Study Checklist Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant. • Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the development's physical or operational characteristics can reduce these impacts to levels that are less than significant. • Potentially Significant Impact. The development will have impacts which are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. Where potential impacts are anticipated to be significant, mitigation measures will be required, so that impacts may be avoided or reduced to insignificant levels. Buck Gully Restoration Project Initial Study /Mitigated Negative. De,,aration 4.0 Environmental Analysis 4.0 ENVIRONMENTAL ANALYSIS The following is a discussion of potential project impacts as identified in the Initial Study /Mitigated Negative Declaration. Explanations are provided for each item. Refer to Section 7.2, Reference Documents, for the documents cited as sources. 4.1 AESTHETICS - — Less Than ro ect Would the,p j Potentlalty ` - Zignificarit Less Than No Significant Impact With Significant Impact Impadt, Mitigation Impact , Incorporated' a. Have a substantial adverse effect on a scenic vista? 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, which would adversely affect day or nighttime views in the area? a. Have a substantial adverse effect on a scenic vista? Less than significant impact. According to the Natural Resources Element of the General Plan, the project site is not located within an area that is designated as a scenic resource. As such, construction activities associated with the proposed project would not create a short -term impact on a scenic vista. Project construction activities would alter views and obstruct views of the canyon for the surrounding residents. However, construction is temporary, and the canyon would be restored after the restoration measures are complete. Exposed surfaces, construction debris, and equipment and truck traffic would have short- term and temporary impacts that would cease upon project completion. Project construction would occur in one phase over approximately four to six months. The canyon restoration would not result in a long -term impact on a scenic vista. Views from adjacent residences would not be obstructed. Furthermore, the proposed project would be compatible with surrounding uses. Since construction impacts are temporary and the nature of the project site is not proposed to change, no impacts on a scenic vista are anticipated. Mitigation Measures: No mitigation measures are required. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. According to the Natural Resources Element of the General Plan, there are no scenic vistas or scenic highways in Newport Beach officially designated by the State of California. Additionally, the proposed project would not result in alteration of a highway or roadway. Construction of the proposed project would occur entirely within the canyon; Buck Gully Restoration Project i f , Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis therefore, only views from the surrounding residences would be temporarily impacted. Additionally, no rock outcroppings or historic buildings are present within the project site. Mitigation Measures: No mitigation measures are required. C. Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant impact. Refer to Impact Statements 4.1(a) and 4.1(b) above. Mitigation Measures: No mitigation measures are required. d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No impact. No lighting would be installed with the project. In compliance with the City of Newport Beach Municipal Code, Section 10.28.040, restoration activities would be limited to weekdays from 7:00 a.m. to 6:30 p.m. and Saturday from 8:00 a.m. to 6:00 p.m., which would preclude the need for nighttime construction lighting. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project i Initial Study /Mitigated Negative Deuaration - 4.0 Environmental Analysis 4.2 AGRICULTURE AND FOREST RESOURCES rider terminrng whethenmpacts to agncditural resources 'ts,lleadagencresmay T aresignifrcani` e_" nvtronmentaleffec Less Than,' refe[ato the,Cal fomraAgricultural Land`Evaluahori and +Potentlally Slgmflcartt- Less Than Site AssessmentModel (1997)preparedbytheCalifonra Significant !`.ImpactWltl] Siginificant' 0i ,[) ep- artmentotddhservation °asanoptionalmodel "touse Impact 'Mltigation Impact' Impact in .assessing impacts ,omragnculture ;arid farmland Incorporated .. ; Would the PTNOct• 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. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non - forest use? e. Involve other changes in the existing environment which, due to their location in nature, could result in conversion of Farmland to non - agricultural use or conversion of forest land to non - forest use? 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? No impact. Pursuant to the Farmland Mapping and Monitoring Program for the California Resources Agency, no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance would be displaced by the proposed project. Therefore, no impacts would occur in this regard. Mitigation Measures: No mitigation measures are required. b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? No impact. No agricultural zones or Williamson Act contracts are located within the project impact area. Therefore, no impacts would occur in this regard. Mitigation Measures: No mitigation measures are required. 2010 Buck Gully Restoration Project ( j Initial Study /Mitigated Negative Deuiaration 4.0 Environmental Analysis C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No impact. The proposed project consists of riparian /streambed restoration activities. No loss or conversion of forest land to non- forest land would occur in this regard. Mitigation Measures: No mitigation measures are required. d. Result in the loss of forest land or conversion of forest land to non- forest use? No impact. Refer to Impact Statement 4.2 (c) above. Mitigation Measures: No mitigation measures are required. e. Involve other changes in the existing environment which, due to their location in nature, could result in conversion of Farmland to non - agricultural use or conversion of forest land to non - forest use? No impact. Refer to Impact Statements 4.2 (a) and (c) above. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative D(;- .aration - 4.0 Environmental Analysis 4.3 AIR QUALITY s Where available, the sign�cance criteria established by - 11 , ° 1i potentially ,Less Than S'ignrfjcant Less Ttian the;apphcable air quality management'or aii poiluhon Sigriificant ImpactWitl" Significarit No control' distnctnaybereliedupomtomakethefollowrhg Impact Mitigation Impact, Im acts P detgrmmahons: =Would the`proiect:: - - - = z Iricorporaterl - a. Conflict with or obstruct implementation of the applicable air quality plan? 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 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. , Create objectionable odors affecting a substantial number of people? a. Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact. The project site is located within the City of Newport Beach, which is part of the South Coast Air Basin (Basin) and under the jurisdiction of the South Coast Air Quality Management District ( SCAQMD). The SCAQMD is one of 35 air quality management districts that have prepared an Air Quality Management Plan (AQMP) to accomplish a five- percent annual reduction in emissions. The most recent AQMP was adopted in 2007. Both the State of California and the Federal government have established health -based Ambient Air Quality Standards (AAQS) for criteria air pollutants. These pollutants include carbon monoxide (CO), ozone (03), nitrogen oxides (NOx), sulfur oxides (SOx), particulate matter up to 10 microns and 2.5 microns in diameter (PM10 and PM2.5, respectively), and lead (Pb). 03 is formed by a photochemical reaction between NOx and reactive organic gases (ROGs). Thus, impacts from 03 are assessed by evaluating impacts from NOx and ROGs. 9 The net increase in pollutant emissions determines the significance and impact on regional air quality as a result of the proposed project. The results also allow the local government to determine whether the proposed project would deter the region from achieving the goal of reducing pollutants in accordance with the air quality management plan in order to comply with Federal and State AAQS. Consistency with the 2007 Air Quality Management Plan for the South Coast Air Basin (2007 Air Quality Management Plan) means that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the Federal and State air quality standards. Per the SCAQMD CEQA Air Quality Handbook, there are two main indicators of a project's consistency with the applicable Air Quality Management Plan: 21 Buck Gully Restoration Project II Initial Study /Mitigated Negative Declaration - 4.0 Environmental Analysis Whether a project would increase the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards orthe interim emission reductions specified in the 2007AirQuality Management Plan; and Whether a project would exceed the 2007 Air Quality Management Plan's assumptions for 2030 or yearly increments based on the year of project buildout and phasing. As indicated in the analysis provided in Response 4.3(b) below, the proposed project would not exceed the SCAQMD's thresholds of significance. The proposed project would consist of the installation of stepped - gabion grade control structures in the lower reach and bend - way weirs along the upper bend of lower Buck Gully (south of East Coast Highway). This installation would lower the grade and uniformly distribute high flows, thereby reducing velocities, and subsequently limiting the erosive nature of major flood events. No permanent mechanical equipment would be required, and there would not be the need for regular vehicle access to the area. The proposed project consists of temporary construction activities. The proposed project would not have operational emissions and is not a trip - generating land use. Additionally, the proposed project would not induce substantial population growth either directly or indirectly. Therefore, the proposed project would not create emissions that would exceed those assumed in the AQMP and would therefore be consistent with the AQMP. Impacts related to air quality plan consistency would be less than significant. Mitigation Measures: No mitigation measures are required. b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less than significant impact with mitigation incorporated. Short-Term Construction Emissions Variables factored into estimating the total construction emissions include the level of activity, length of construction period, number of pieces and types of equipment in use, site characteristics, weather conditions, number of construction personnel, and the amount of materials to be transported on- or off -site. A listing of the construction equipment assumed in the air quality modeling is included in Appendix A. Fugitive Dust Emissions. Fugitive dust (PM10 and PM2.5) from grading and construction is expected to be short -term and would cease upon completion of the proposed improvements. Most of the fugitive dust from ground disturbance is composed of inert silicates, which are less harmful to health than the complex organic particulates released from combustion sources. These particles are either directly emitted or are formed in the atmosphere from the combustion of gases such as NOx and SOx combining with ammonia. The greatest amount of fugitive dust is expected to be generated during site excavation and grading. Dust generated by such activities usually becomes more of a local nuisance than a serious health problem. Of particular concern is the amount of PM10 generated as a part of fugitive dust emissions. October 2010 Buck Gully Restoration Project r Initial Study /Mitigated Negative De,,dration 4.0 Environmental Analysis During construction, the contractors would be required to comply with regional rules, which assist in reducing short-term construction - related air pollutant emissions. Rule 403 requires that fugitive dust be controlled with the best available control measures, in order to reduce dust so that it does not remain visible in the atmosphere beyond the development area of the proposed improvements. Rule 403 also requires that all active operations utilize the applicable best available control measures included in Table 1 of Rule 403. Table 1 of Rule 403 is intended to minimize fugitive dust emissions from each fugitive dust source type within the active operation. The applicable control measures target various construction operations such as backfilling, clearing and grubbing, crushing, cut and fill, demolition, earth - moving activities, bulk material import and export, construction staging, stockpiles /bulk material handling, trenching, and loading. The applicable measures from Table 1 of Rule 403 suggest methods such as covering stockpiles with tarps and the application of water to stabilize materials. Earthwork in various quantities would be necessary for canyon restoration. There would be no project demolition, only the temporary clearing of vegetation for creek restoration. The UREEMIS 2007 computer model calculates PM10 and PM2.5 fugitive dust as part of the site earthwork calculations; refer to Table 1, Construction Air Emissions. Table 1 Construction Air Emissions Construction Equipment and Worker Vehicle Exhaust. Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the improvement site, and emissions produced on -site as the equipment is used. Implementation of Mitigation Measures AQ1 and AQ2 would ensure proper compliance with SCAQMD's Rule 403, as well as limiting the amount of ozone precursors (ROG and NOx) emitted by the construction equipment. As presented in Table 1, construction equipment and worker vehicle exhaust emissions for all construction phases would be below the established SCAQMD thresholds. Therefore, airquality impacts from equipment and vehicle exhaust emission would be less than significant. Naturally Occurring Asbestos. Pursuant to guidance issued by the Governor's Office of Planning and Research, State Clearinghouse, lead agencies are encouraged to analyze Pollutant(poundsiday)1 Emissions Source -- �, - - tROG Nox CO 1 ; Soz yPMto "' PMze Unmitigated Emissions 2.43 19.65 11.64 0.00 45.32 10.19 Mitigated Emissions2 2.43 19.65 11.64 0.00 4.11 1.59 SCAQMD Threshold 75 100 550 150 150 55 Is Threshold Exceeded After Mitigation? No No No No No No Notes: 1. Emissions were calculated using the URBEMIS 2007 version 9.2.4 Computer Model, as recommended by the SCAQMD. 2. The reduction /credits for construction emission mitigations are based on mitigation included in the URBEMIS 2007 version 9.2.4 computer model and as typically required by the SCAQMD through Rule 403. The mitigation includes the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces twice daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 1 Refer to Appendix A, Air Modeling Data, for assumptions used in this analysis, including quantified emissions reduction by mitigation measures. Construction Equipment and Worker Vehicle Exhaust. Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the improvement site, and emissions produced on -site as the equipment is used. Implementation of Mitigation Measures AQ1 and AQ2 would ensure proper compliance with SCAQMD's Rule 403, as well as limiting the amount of ozone precursors (ROG and NOx) emitted by the construction equipment. As presented in Table 1, construction equipment and worker vehicle exhaust emissions for all construction phases would be below the established SCAQMD thresholds. Therefore, airquality impacts from equipment and vehicle exhaust emission would be less than significant. Naturally Occurring Asbestos. Pursuant to guidance issued by the Governor's Office of Planning and Research, State Clearinghouse, lead agencies are encouraged to analyze Buck Gully Restoration Project t Initial Study /Mitigated Negative Deuaration 4.0 Environmental Analysis potential impacts related to naturally occurring asbestos (NOA). Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies, and was identified as a toxic air contaminant by the CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos - bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. Serpentinite and /or ultramafic rock are known to be present in 44 of California's 58 counties. These rocks are particularly abundant in the counties of the Sierra Nevada foothills, the Klamath Mountains, and Coast Ranges. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report (dated August 2000), the proposed project is not located in an area where NOA is likely to be present. Therefore, impacts would be considered less than significant. Long -Term Operational Emissions Long -term air quality impacts generally involve mobile source emissions generated from project - related traffic and stationary source emissions. As the project consists of canyon restoration with no stationary source or trip - generating land uses, no long -term emissions would occur. Mitiaation Measures: AQ1 During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular water or other dust preventive measures using the following procedures, as specified in SCAQMD Rule 403: • Water material excavated or graded sufficiently to prevent excessive amounts of dust. Water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. • Indicate these control techniques in project specifications. Compliance with the measure will be subject to periodic site inspections by the City. • Prevent visible dust from the project from emanating beyond the property line, to the maximum extent feasible. Buck Gully Restoration Project I Initial Study /Mitigated Negative Deuaratlon 4.0 Environmental Analysis • All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with the requirements of California Vehicle Code (CVC) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer). • Trucks transporting soil, sand, cut or fill materials, and /or construction debris to or from the site shall be tarped from the point of origin. AQ2. Project grading plans shall show the duration of construction. Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City. C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less than significant impact with mitigation incorporated. Cumulative Short-Term Emissions With respect to the proposed project's construction - period air quality emissions and cumulative Basin -wide conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the 2007 Air Quality Management Plan pursuant to Federal Clean Air Act mandates. As such, the proposed project would comply with SCAQMD Rule 403 requirements, and implement all feasible mitigation measures. Rule 403 requires that fugitive dust be controlled with the best available control measures, in order to reduce dust so that it does not remain visible in the atmosphere beyond the disturbance area of the proposed infrastructure improvement. Per SCAQMD rules and mandates, as well as the CEQA requirement that significant impacts be mitigated to the extent feasible, these same requirements (i.e., Rule 403 compliance, the implementation of all feasible mitigation measures, and compliance with adopted Air Quality Management Plan emissions control measures) would also be imposed on construction projects throughout the Basin, which would include cumulatively related projects. Compliance with SCAQMD rules and regulations would reduce the project's construction - related impacts to a less than significant level. Thus, it can be reasonably inferred that the project- related construction emissions, in combination with those from other projects in the area, would not substantially deteriorate the local air quality. Thus, a less than significant cumulative impact would occur in this regard. Cumulative Long -Term Emissions The SCAQMD does not recommend quantified analysis of cumulative operational emissions, nor does it provide separate methodologies or thresholds of significance to be used to assess cumulative operational impacts. However, if individual development projects generate operational emissions that exceed the SCAQMD recommended daily thresholds, project - specific impacts would also cause a cumulative considerable increase in emissions for those pollutants for which the Basin is in non- attainment. Buck Gully Restoration Project r r Initial Study /Mitigated Negative De,, aration 4.0 Environmental Analysis As previously stated, the proposed project would not exceed the SCAQMD's thresholds of significance for regional criteria pollutants. As a result, the proposed project would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Therefore, cumulative impacts associated with project operations would be less than significant. Mitigation Measures: Refer to Mitigation Measures AQ1 and AQ2. Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact. The CARIB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. They have defined "sensitive receptors" as facilities or land uses that would involve these groups. Examples of sensitive receptors are residences, schools, hospitals, and daycare centers. The sensitive receptors near the proposed site are the nearest occupied residential uses. To identify impacts to sensitive receptors, the SCAQMD recommends addressing localized significance thresholds for construction and operational impacts, as well as a carbon monoxide hot -spots analysis. Localized Significance Thresholds The estimated daily grading activities would be less than 1 acre per day. Therefore, a Localized Significance Thresholds analysis was performed. Due to their proximity, the surrounding sensitive land uses (i.e., residential uses) may be potentially affected by air pollutant emissions generated during construction activities. Since the nearest sensitive receptor would be located within 35 meters, the localized significance thresholds were interpolated between the 25 meter and 50 meter thresholds. Localized Construction Emissions Table 2, Summary of Localized Significance of Construction Emissions, shows the construction - related emissions for NOx, CO, PM10, and PM2.5 compared to the localized significance thresholds for Source Receptor Area 18, North Coastal Orange County. As shown in Table 2, mitigated construction emissions would not exceed the localized significance thresholds. Therefore, localized significance construction impacts would be less than significant. Table 2 Summary of Localized Significance of Construction Emissions 04?E lPofl 5' "" 26 October 2010 - "Pollutant, oundslda r Construction Phas® - NOx W PIN10 PM2.5 Total Emissions 19.65 11.64 4.11 1.59 Localized Significance Threshold 163.3 473 10.3 4.4 Thresholds Exceeded? No No No No Note: 1. The Localized Significance Threshold was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM1o, and PMzs. The Localized Significance Threshold was based on the anticipated daily acreage disturbance (approximately 1 acre and the source receptor area (SRA 18). 04?E lPofl 5' "" 26 October 2010 Buck Gully Restoration Project I Initial Study /Mitigated Negative Deui8ration 4.0 Environmental Analysis Mitigation Measures: No mitigation measures are required. Create objectionable odors affecting a substantial number of people? Less than significant impact. According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors. Construction activities associated with the project may generate detectable odors from equipment exhaust. Construction- related odors would be short-term in nature and cease upon project completion. Any impacts to existing adjacent land uses would be short-term, as previously noted, and are considered less than significant. Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis 4.4 BIOLOGICAL RESOURCES a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) or U.S. Fish and Wildlife Service (USFWS)? Less than significant impact with mitigation incorporated. BonTerra Consulting (BonTerra) conducted a Biological Constraints Assessment, dated February 14, 2008, for the project site. According to the Biological Constraints Assessment, several special status plant and wildlife species are known to occur or historically occurred in the project vicinity. Focused surveys pursuant to state and federal protocols were conducted by BonTerra in spring /summer 2009. The results of the surveys identified no special status plant or wildlife species within the boundaries of the project site; a summary of each focused survey is discussed below. Complete copies of each survey are included in Appendix C. Plant species with the potential to occur within the project site include aphanisma (Aphanisma blitoides), Coulter's saltbush (Atriplex coulter), South Coast saltscale (Atriplex 2010 Less Than Would the project: Potentially Signfficant Less Than No Significant Impact With. Significant Impact ,Impact Mitigation Impact Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ✓ local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the ✓ California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited lo, 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? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ✓ Plan, or other approved local, regional, or state habitat conservation Ian? a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) or U.S. Fish and Wildlife Service (USFWS)? Less than significant impact with mitigation incorporated. BonTerra Consulting (BonTerra) conducted a Biological Constraints Assessment, dated February 14, 2008, for the project site. According to the Biological Constraints Assessment, several special status plant and wildlife species are known to occur or historically occurred in the project vicinity. Focused surveys pursuant to state and federal protocols were conducted by BonTerra in spring /summer 2009. The results of the surveys identified no special status plant or wildlife species within the boundaries of the project site; a summary of each focused survey is discussed below. Complete copies of each survey are included in Appendix C. Plant species with the potential to occur within the project site include aphanisma (Aphanisma blitoides), Coulter's saltbush (Atriplex coulter), South Coast saltscale (Atriplex 2010 Buck Gully Restoration Project i Initial Study /Mitigated Negative Dewaration 4.0 Environmental Analysis pacifica), Davidson's saltscale (Atriplex serenana var. devidsonil), southern tarplant (Centromadia parryi ssp. australis), Laguna Beach dudleya (Dudleya stolonifera), and estuary seablite (Suaeda esteroa). These species are California Native Plant Society (CNPS) List 1B species (considered Rare, Threatened, or Endangered in California). Although these species are not formally listed by the resource agencies (i.e., USFWS and CDFG), they are considered to meet the definition of Endangered, and are treated as such per Section 15380 of CEQA. Focused surveys for these species were conducted by BonTerra on April 14, 2009 to determine the presence or absence of these species within the boundaries of the project site. Three plant species were observed during the surveys, the Santa Catalina Island desert- thorn, California box - thorn, and woolly seablite, which all occur in the coastal bluff scrub in the survey area but outside of the project boundaries. The coastal bluff scrub would not be impacted by the proposed project; therefore, no impacts to special status plants would occur under the proposed project. The proposed project would impact 1.65 acres of southern arroyo willow forest, which provides potential habitat for the federally and state — listed Endangered least Bell's vireo (Vireo bellii pusillus). Focused surveys to determine the presence or absence of the least Bell's vireo within the boundaries of the project site were conducted by BonTerra on April 10, 20, and 30; May 11 and 21; June1, 11, 22, and 29; and July 9, 2009. No least Bell's vireo were observed in the survey area /project site during the surveys. The proposed project would impact 1.65 acres of southern arroyo willow forest and associated perennial stream, which provides potential habitat for the southwestern pond turtle (Actinemys marmorata pallida), a California Species of Special Concern. Impacts would be considered significant under Section 15380 of CEQA if it is present on the project site. Focused surveys were conducted in May 2009. No southwestern pond turtles were observed in the survey area /project site during the surveys. Chenopod scrub and coastal bluff scrub provide potential habitat for the coastal California gnatcatcher (Polioptila californica californica), a federally threatened species and a California Species of Special Concern. BonTerra conducted focused surveys for the coastal California gnatcatcher in April 2009 within the boundaries of the project site. BonTerra documented the results of the surveys in a report (Results of Coastal California Gnatcatcher Survey) dated June 11, 2009. According to the report, no coastal California gnatcatchers were observed. The City is a participant in the Orange County Central and Coastal Natural Communities Conservation Plan / Habitat Conservation Plan (NCCP /HCP); thus, impacts on Identified Species (if present) that are considered "Covered" receive full regulatory coverage. Impacts on "Conditionally Covered" species are considered covered only in accordance with "conditions of coverage" set forth in Section 8.3.2 of the NCCP /HCP IA. Since no special status species were found during the 2009 focused surveys, no additional NCCP /HCP conditions are warranted. Although no special status species are present, Raptor species (i.e., birds of prey) have potential to nest in the southern arroyo willow forest on or adjacent to the project sites. The loss of an active nest of any raptor species, including common raptor species, would be considered a violation of the California Fish and Game Code, §3503, 3503.5, and 3513. Therefore, the loss of any active raptor nest would be considered significant. Impacts on active raptor nests would be reduced to less than significant with the implementation of Mitigation Measure 8101 by restricting vegetation clearing to outside the peak nesting raptor 2010 Buck Gully Restoration Project ' i Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis season or restricting construction in the vicinity of any observed active raptor nest if vegetation clearing occurs within the peak season. . Mitigation Measures: BIO1. Vegetation clearing shall be restricted to outside the peak nesting raptor season (February 1 — June 30). If vegetation clearing occurs between February 1 and June 30, a Biological Monitor shall conduct a pre- construction nesting raptor survey to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified biologist. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than significant impact with mitigation incorporated. According to the Delineation of State and Federal Jurisdictional Waters, prepared by RBF Consulting, dated February 11, 2008, updated May 3, 2010, Buck Gully is a perennial, blue line stream flowing northeast to southwest and is tributary to the Pacific Ocean. The Delineation identifies that state and federal jurisdictional wetlands and waters are present within the project site. Table 3, Jurisdictional Impact Summary, provides a summary of the jurisdictional impacts. Permanent impacts are associated with the gabion structures, while temporary impacts include vegetation removal, remedial grading, and landscaping activities. The gabion structures are a permanent, yet positive erosion control device, without which the soil substrate needed to support riparian and upland native vegetation would erode. Once constructed, the gabion structures would be covered with native soil and revegetated with native plants. Table 3 Jurisdictional Impact Summary Riparian vegetation is present within the project site and includes arroyo willow (Salix lasiolepis), California mugwort (Artemisia douglasiana), cattail (Typha domingensis), bulrush (Scirpus microcarpus), and creeping woodsorrel (Oxalis corniculata). Upland vegetation noted on -site includes poison oak (Toxicodendron diversilobum), lemonade berry (Rhus integrifolia), and California sagebrush (Artemisia californica). Impacts on riparian habitat and areas under the jurisdiction of the United States Army Corps of Engineers (USACE), CDFG, and Regional Water Quality Control Board (RWQCB) would be considered significant. Implementation of BIO2 would reduce this impact to a less than significant level. O�c `e r �t£ �'' li Permanent Temporary Total , Agency., iwnpiate ' Impacts Jurisdictional. Acre`s Acres Impacts Acres US Army Corps of Engineers 0.06 0.46 0.52 California Department of Fish and Game 0.32 1.52 1 1.84 California Coastal Commission 0.32 1.99 1 2.31 Source: Buck Gully Canyon Restoration Project, City of Newport Beach, California, Delineation of State and federal Jurisdictional Waters, prepared by RBF Consulting, February 11, 2008. 'Permanent impact is associated with fill material; however, impacts to habitat are temporary since the gabions will be covered and vegetated. Riparian vegetation is present within the project site and includes arroyo willow (Salix lasiolepis), California mugwort (Artemisia douglasiana), cattail (Typha domingensis), bulrush (Scirpus microcarpus), and creeping woodsorrel (Oxalis corniculata). Upland vegetation noted on -site includes poison oak (Toxicodendron diversilobum), lemonade berry (Rhus integrifolia), and California sagebrush (Artemisia californica). Impacts on riparian habitat and areas under the jurisdiction of the United States Army Corps of Engineers (USACE), CDFG, and Regional Water Quality Control Board (RWQCB) would be considered significant. Implementation of BIO2 would reduce this impact to a less than significant level. O�c `e r �t£ �'' li Buck Gully Restoration Project Initial Study /Mitigated Negative Deu,aration 4.0 Environmental Analysis Section 30107.5 of the Coastal Act defines "environmentally sensitive area" as "any area in which plant or animal life or their habitats are either rare, disturbed, or degraded by human activities and developments." Section 30240 of the Coastal Act requires that environmentally sensitive habitat areas (ESHAs) be protected against any significant disruption of habitat values. Although ESHA is defined /confirmed during the Coastal permitting process, the proposed restoration activities are a permitted use within ESA per the Coastal Act. Restoration projects are identified as one of the permitted uses for temporary impacts to ESHA and wetlands to occur (Coastal Act Section 30233). Revegetation of the project site would include a native plant palette that would be approved by the CDFG, California Coastal Commission, and City of Newport Beach. A revegetation and landscape plan shall be submitted and approved by the agencies prior to construction as part of the regulatory process. As noted in Impact Statement 4.4(a), no special status species are present on -site; therefore, the NCCP /HCP is not applicable. Mitigation Measures: B1O2. The City of Newport Beach shall obtain all appropriate permits for impacts to project areas containing USACE and CDFG jurisdictional resources, including a Coastal Development Permit (CDP) from the California Coastal Commission (CCC). Restoration activities would mitigate project impacts; therefore, mitigation would be at no less than a 1:1 ratio. Prior to the initiation of any construction - related activities, the City shall submit a detailed restoration program and restoration site plans for USACE, CDFG, and CCC approval. The Restoration Program shall contain the following items: Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the City, Specialists, and Maintenance Personnel that would supervise and implement the plan shall be specified. Site preparation and planting implementation. Site preparation shall include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i:e., imprinting, decompacting); (5) temporary irrigation installation (if required); (6) erosion- control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. ® Schedule. A schedule shall be developed which includes planting in late fall and early winter, between October 1 and January 30. Maintenance plan /guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance (if required); (5) maintenance training; and (6) replacement planting. Monitoring Plan. The Monitoring Plan shall include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above - listed resource agencies; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, Buck Gully Restoration Project Initial Study /Mitigated Negative DeGlaralion 4.0 Environmental Analysis which shall be submitted to the resource agencies on a yearly basis, for five years. The City shall monitor and maintain the project site for five years to ensure successful establishment of riparian habitat within the restored and created areas. • Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. C. Have a substantial adverse effect on federally protected wetlands as identified by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less than significant impact with mitigation incorporated. As mentioned in Impact Statement 4.4(b), a Delineation of State and Federal Jurisdictional Waters was conducted on the project site in 2008 and updated in 2010. According to the Delineation, 0.19 acres of USACE wetlands and 2.31 acres of CCC wetlands are located on -site. CCC wetlands also include USACE wetlands; therefore, a total of 2.31 acres of wetlands are located within the project limits. Although permanent fill is involved, the proposed implementation measures (gabion drop structures and bend -way weirs) would not create any permanent loss of wetland habitat. The temporary impact would be reduced to less than significant with the implementation of Mitigation Measure B1O2 by restoring impacted areas with a native plant palette typical of wetland areas. Without the project, the existing substrate would be eroded by larger storm events and existing native vegetation would be disturbed or destroyed, providing an opportunity for invasive plants to take root. Mitigation Measures: Refer to Mitigation Measure B1O2. 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? Less than significant impact. Buck Gully provides habitat for wildlife (e.g., bobcat and coyote) movement within Buck Gully and connectivity to the adjacent canyon in Newport Coast. Wildlife movement would be temporarily modified during construction, with most of the disruption occurring near the mouth of Buck Gully in the vicinity of the proposed gabion structures. There will be unaltered areas in the vicinity of the structures along the east side of the canyon allowing for wildlife movement. There would be only minor disruption in the vicinity of the bend -way weir in the upper reaches, as most of the width of the canyon would be unaltered. Construction of the bend -way weirs would be constructed first and then the contractor would withdraw from this area. The project site provides habitat that could be expected to be used by nesting birds. The Migratory Bird Treaty Act (MBTA) prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. This includes the nests of all native bird species, including common species. In following construction minimization measures required by 8101, vegetation clearing activities would take place outside the spring nesting season. Therefore, impacts would be less than significant in this regard. Mitigation Measures No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative De,.iaration 4.0 Environmental Analysis Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than significant impact. The General Plan's Natural Resources Element and Section 4.1 of the CLUP set forth goals and policies which are designed to protect sensitive and rare terrestrial and marine resources from urban development. This project conforms with the policies of the General Plan's Natural Resources Element, specifically Policy NR 10.1, to "cooperate with the State and federal resource protection agencies and private organization to protect terrestrial and marine resources ". This project explicitly fulfills CLUP Section 4.1.1 -4 to protect ESHAs against any significant disruption of habitat values. Without this project, the canyon would continue to be in active decline due to accelerated erosion. This project also fulfills Section 4.1.1 -12 to eliminate invasive plants and replace with native plants, and associated Section 4.1.1 -16 to monitor restoration measures until restoration objectives are met. Mitigation Measures: No mitigation measures are required. Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? Less than significant impact. No special status species are present on -site; refer to Impact Statement 4.4(a). Therefore, no provisions of the NCCP /HCP or other approved local, regional, or state HCP would be violated. No conflicts with an adopted HCP, NCCP, or other conservation plan would occur. See also Section 4.9, Land Use and Planning, for additional discussion regarding local, regional, or state HCPs. Mitigation Measures: No mitigation measures are required 2010 Buck Gully Restoration Project r Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis 4.5 CULTURAL RESOURCES a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No impact. According to Figure HR1, HISTORICAUARCHAEOLOGICAL LANDMARKS, in the General Plan, the project site is not identified as a historically significant site or landform site, nor was there a formerly existing historical /archaeological landmark site identified within the project area or vicinity. Therefore, project implementation would have no impact on the significance of a historical resource or known cultural resources. Mitigation Measures: No mitigation measures are required. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than significant impact with mitigation incorporated. Over 50 archeological sites have been documented within the City. According to the EIR, at least two distinct cultural groups inhabited the City of Newport Beach, and later period sites indicate that the City was heavily populated at the time of European contact. Thus, the potential exists for buried archaeological resources to be disturbed or destroyed during project activities and grading. In the event that resources are uncovered, compliance with Mitigation Measures CR1 and CR2 would reduce these potential impacts to less than significant levels. Mitigation Measures: CR1. If during ground disturbance, potentially significant archaeological evidence (i.e., stone artifacts, dark ashy soils, burned rocks, old glass, metal, ceramic artifacts) becomes apparent, work in that location shall be stopped; if not present, a qualified archaeologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and will be negatively impacted by project Less Than Would the project:' Potentially Significant Less Than No Significant Impact With Significant Impact Impact Mitigation Impact, Incorporated; a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines / 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 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? a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No impact. According to Figure HR1, HISTORICAUARCHAEOLOGICAL LANDMARKS, in the General Plan, the project site is not identified as a historically significant site or landform site, nor was there a formerly existing historical /archaeological landmark site identified within the project area or vicinity. Therefore, project implementation would have no impact on the significance of a historical resource or known cultural resources. Mitigation Measures: No mitigation measures are required. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than significant impact with mitigation incorporated. Over 50 archeological sites have been documented within the City. According to the EIR, at least two distinct cultural groups inhabited the City of Newport Beach, and later period sites indicate that the City was heavily populated at the time of European contact. Thus, the potential exists for buried archaeological resources to be disturbed or destroyed during project activities and grading. In the event that resources are uncovered, compliance with Mitigation Measures CR1 and CR2 would reduce these potential impacts to less than significant levels. Mitigation Measures: CR1. If during ground disturbance, potentially significant archaeological evidence (i.e., stone artifacts, dark ashy soils, burned rocks, old glass, metal, ceramic artifacts) becomes apparent, work in that location shall be stopped; if not present, a qualified archaeologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and will be negatively impacted by project Buck Gully Restoration Project Initial Study /Mitigated Negative De�iaration 4.0 Environmental Analysis construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. CR2. If human remains are discovered, the County Coroner's office shall be notified immediately under state law (California Health and Safety Code § 7050.5), and all activities in the immediate area of the find shall cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner shall contact the Native American Heritage Commission (NAHC). The NAHC shall designate a Most Likely Descendent who shall make recommendations concerning the disposition of the remains in consultation with the lead agency and project archaeologist. C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than significant impact with mitigation incorporated. Project implementation has the potential to directly and /or indirectly destroy a unique paleontological resource. According to the General Plan EIR, the project site is located within an area that has sandstone deposits from the Pliocene Epoch (Ice Age) that contain a variety of marine mammals, sea birds, and mollusks. Additionally, fossils from the Pliocene Epoch have also been identified within the City. Therefore, the possibility that paleontological resources would be encountered during construction is considered likely, since the improvements would primarily occur within a natural water channel. In the event that paleontological resources are encountered during construction, compliance with Mitigation Measure CR3 would reduce potential impacts to less than significant levels. Mitigation Measures: CR3. If, during ground disturbance, potentially significant paleontological evidence becomes apparent, work in that location shall be stopped; if not present, a qualified paleontologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and would be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. Disturb any human remains, including those interred outside of formal cemeteries? Less than significant impact. No on -site conditions exist that suggest human remains are likely to be found on the project site. It is not anticipated that human remains, including those interred outside of formal cemeteries, would be encountered during earth removal or disturbance activities. If human remains were found, they would require proper treatment, in accordance with applicable laws. State of California Public Resources Health and Safety Code Section 7050.5 -7055 describe the general provisions for human remains. Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by state law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the "most likely descendant." JO Buck Gully Restoration Project ( i Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis If human remains are found during excavation, excavation must stop in the vicinity of the find and any area that is reasonably suspected to overly adjacent remains, until the County Coroner has been called out, the remains have been investigated, and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with state regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be reduced to less than significant levels. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project f Initial Study /Mitigated Negative Deciaration 4.0 Environmental Analysis 4.6 GEOLOGY AND SOILS a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of 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. Less than significant impact. Damage due to surface rupturing is limited to the actual location of a fault -line break, unlike damage from ground- shaking which can occur at large distances from the fault. The project area is located in southern California, which is a region considered to be one of the most seismically active in the United States. The project area is affected by both local and regional active faults, including the Newport- Inglewood Fault (the nearest regional active fault), the Whittier Fault, the San Joaquin Hills fault, and the Elysian Peak fault. These faults have the potential to cause moderate to large earthquakes that would result in October ;Less Than - Would out the ro ec P 1 t 3i n t, Significant 1 Less Than Significant ' � g tfact Im act p N ImP Mdacat onn g Impa ct . ._. ,' I'ncor orated P a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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 V substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? / 3) Seismic - related ground failure, including liquefaction? 4) Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a 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 California Building Code (2001), creating / substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of 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. Less than significant impact. Damage due to surface rupturing is limited to the actual location of a fault -line break, unlike damage from ground- shaking which can occur at large distances from the fault. The project area is located in southern California, which is a region considered to be one of the most seismically active in the United States. The project area is affected by both local and regional active faults, including the Newport- Inglewood Fault (the nearest regional active fault), the Whittier Fault, the San Joaquin Hills fault, and the Elysian Peak fault. These faults have the potential to cause moderate to large earthquakes that would result in October Buck Gully Restoration Project f f Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis ground shaking in Newport Beach. No active faults are known to traverse the project site, and the site is not located within an Alquist - Priolo Earthquake Fault Zone (formerly referred to as "Special Studies Zones").' 2. Strong seismic ground shaking? Less than significant impact. The General Plan EIR indicates that the City is subject to ground shaking. No habitable structures are proposed within the project site. Therefore, impacts would be less than significant. 3. Seismic - related ground failure, including liquefaction? No impact. Liquefaction can occur in loose soils in response to severe ground shaking. Liquefaction susceptibility is based on both geologic and geotechnical data. According to the General Plan, the project site is located in an area with the potential for liquefaction. Although the project does not include habitable structures, residential uses surround the project site. Liquefaction occurring along the creek invert would not impact surrounding residential structures. The project would not be affected by liquefaction as the rock gabions can be placed in liquefaction areas (i.e., muddy /wet areas). 4. Landslides? No impact. Earthquake- induced landslides of steep slopes occur in either bedrock or soils and can result in undermining of buildings, severe foundation damage, and collapse. Hillside areas could pose a potential hazard from earthquake- induced landslides. According to the General Plan, the slopes of the canyon are subject to landslides. Although the project does not include habitable structures, residential uses surround the project site. Therefore, the project shall comply with the City's Excavation and Grading Code to reduce hazards related to landslide. Result in substantial soil erosion or the loss of topsoil? Less than significant impact. Without this project, there will likely be a massive and permanent loss of sediment in this reach of the canyon. The proposed project will install environmentally friendly measures to protect the existing sediment from massive erosion during a large storm event. During construction, there will be grading activities that will loosen the soil and make it more prone to erosion. Standard erosion control practices will be implemented to prevent the soil from being mobilized and transported off -site. A formal erosion control plan will be prepared per the requirements of the General Construction Activity Storm Water Permit, adopted by the State Water Resources Control Board. The General Construction Permit would include Best Management Practices that would limit the amount of material eroded from the project site during construction. The implementation of the General Construction Permit during construction and completion of the proposed project would reduce impacts to less than significant. Mitigation Measures: No mitigation measures are required ' General Plan EIR, April 2006, Page 4.5-13. Buck Gully Restoration Project i Initial Study /Mitigated Negative Dewaration 4.0 Environmental Analysis C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than significant impact. As noted above, the project site occurs in an area of the City subject to liquefaction and landslide. According to the General Plan EIR, soil stability can be achieved through incorporation of soil treatment programs, as identified in the Building Code. Additionally, the City requires completion of a report of soil conditions as part of the construction permitting process. This report would identify potentially unsuitable soil conditions including liquefaction, subsidence, and collapse. Adherence, to the City's codes and policies of the General Plan would ensure protection against unstable soil conditions. With implementation of the City's codes and policies, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. To 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? Less than significant impact. According to the Orange County and Western Part of Riverside County, California Soil Survey, dated 1978, the project site is situated on the Myford association. The Myford association consists of moderately well- drained soils on marine terraces. One (1) soil series is reported within the boundaries of the project site, and consists of the following: Myford sandy loam, 9 to 30 percent slopes, eroded (177): This strongly sloping to moderately steep soil generally occurs on side slopes of terraces. The profile is similar to the one described as typical of the series, but is very shallow because of erosion. On as much as 50 percent of the acreage, the subsoil is exposed or deep gullies have formed that prevent tillage. The Myford series consists of moderately well- drained soils formed in sandy sediments. In a typical profile, the surface layer is pale brown (10YR 4/3 moist) and pinkish gray (7.5YR 4/2 moist), medium acid sandy loam, about 4 inches thick. The upper 6 inches of the subsoil is brown (7.5YR 3/2 moist), medium acid sandy clay. The soil is very slowly permeable. If the soil is bare, runoff is rapid and the erosion hazard is high. Available water capacity is 1.5 to 3.5 inches. Present land use is range, watershed, wildlife, and urban development. Subgroup: Typic Palexeralfs. The proposed project does not include the construction of structures. Therefore, adherence to City Code requirements and standard engineering practices would reduce potential impacts to less than significant levels. Mitigation Measures: No mitigation measures are required. e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No impact. The project does not require wastewater facilities. Therefore, no impacts would occur in this regard. _ Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis 4.7 GREENHOUSE GAS EMISSIONS a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than significant impact. Greenhouse gases (GHGs) are gases in the atmosphere that absorb and emit radiation. The greenhouse effect traps heat in the troposphere through a three -fold process, summarized as follows: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect. Regulatory Environment In June 2005, Governor Schwarzenegger established Califomia's GHG emissions reduction targets in Executive Order S -3 -05. The Executive Order established the following goals: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80 percent below 1990 levels by 2050. Additionally, the California legislature enacted AB 32 (AB 32, Nunez) in 2006 to further the goals of Executive Order S -3 -05. AB 32 represents the first enforceable statewide program to limit GHG emissions from all major industries, with penalties for noncompliance. CARB adopted the AB 32 Climate Change Scoping Plan (Scoping Plan) in December 2008 to achieve reductions in GHG emissions in Califomia pursuant to the requirements of AB 32. The Scoping Plan contains the main strategies California will use to reduce GHG emissions. AB 32 requires California to reduce its GHG emissions by approximately 28 to 33 percent below business as usual. CARE has identified reduction measures to achieve this goal as set forth in the Scoping Plan. Table 4, Estimated Greenhouse Gas Emissions, estimates the greenhouse gas emissions for the proposed project. These estimates are based on construction - related activities. Greenhouse gas emissions resulting from long -term operation of the project have not been estimated as the proposed project is not a trip generating land use, and is not a direct source of long -term vehicle emissions. rE'W'IPo9! O, J•�.B Less Than' Would the project: Potentially Significant Less Than No Significant Impact With Significant Impact, Impact Mitigation Impact Incorporated a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the ✓ environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ✓ greenhouse gases? a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than significant impact. Greenhouse gases (GHGs) are gases in the atmosphere that absorb and emit radiation. The greenhouse effect traps heat in the troposphere through a three -fold process, summarized as follows: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect. Regulatory Environment In June 2005, Governor Schwarzenegger established Califomia's GHG emissions reduction targets in Executive Order S -3 -05. The Executive Order established the following goals: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80 percent below 1990 levels by 2050. Additionally, the California legislature enacted AB 32 (AB 32, Nunez) in 2006 to further the goals of Executive Order S -3 -05. AB 32 represents the first enforceable statewide program to limit GHG emissions from all major industries, with penalties for noncompliance. CARB adopted the AB 32 Climate Change Scoping Plan (Scoping Plan) in December 2008 to achieve reductions in GHG emissions in Califomia pursuant to the requirements of AB 32. The Scoping Plan contains the main strategies California will use to reduce GHG emissions. AB 32 requires California to reduce its GHG emissions by approximately 28 to 33 percent below business as usual. CARE has identified reduction measures to achieve this goal as set forth in the Scoping Plan. Table 4, Estimated Greenhouse Gas Emissions, estimates the greenhouse gas emissions for the proposed project. These estimates are based on construction - related activities. Greenhouse gas emissions resulting from long -term operation of the project have not been estimated as the proposed project is not a trip generating land use, and is not a direct source of long -term vehicle emissions. rE'W'IPo9! O, J•�.B Buck Gully Restoration Project i Initial Study /Mitigated. Negative Dei„aration 4.0 Environmental Analysis Table 4 Estimated Greenhouse Gas Emission Projections source.. CO2 N20. CH4 #onslyear ,tonslyear' Tons of CO2EQ2 tonstyear Tons of`CO2EQ2. Total Construction Emissions 1 20.33 0.0005 0.17 1 0.003 1 0.05 Notes: 1. Emissions calculated using CARB's Construction Equipment Emissions Table and the URBEMIS 2007 computer model output. 2. CO2 Equivalent values calculated using the U.S. Environmental Protection Agency Website, Greenhouse Gas Equivalencies Calculator, htt : / /wvvw.e p a. ov /cleanener /ener - resources /calculator.htmi, accessed September 20D8. Until more guidance is provided from the expert agencies (CARB and /orSCAQMD), the City intends to consider emissions of 1,600 metric tons of CO2e or less per year and per project to be a less than significant contribution to GHGs, thereby not requiring further analysis. For projects exceeding the screening threshold of 1,600 metric tons of CO2e emissions peryear, the City will consider projects to have significant impacts if they (1) are not substantially consistent with policies and standards set out in federal, state, and local plans designed to reduce GHGs, or (2) would emit more than 6,000 metric tons of CO2e per year. Projects that do not meet these thresholds would be considered to have significant impacts, and thus could be expected to impede the State's mandatory requirement under AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. As the proposed project's greenhouse gas emissions are below the City's thresholds, less than significant impacts would result. Mitigation Measures: No mitigation measures are required. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than significant impact. The City does not currently have an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. GHG emissions resulting from long -term operation of the project are not expected, as the proposed project is not a trip generating land use and will not result in long -term vehicle emissions. Additionally, once the project is completed, no energy consumption will be required. No long -term GHG emissions are expected to be generated; therefore, the project would not hinder the State's GHG reduction goals established by AB 32. Thus, a less than significant impact would occur in this regard. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis 4.8 HAZARDS AND HAZARDOUS MATERIALS a. Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? No impact. The proposed project involves stream restoration. The project does not have the capacity to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Therefore, no impact would occur in this regard. Mitigation Measures: No mitigation measures are required. _,Less Than Would the project: Potentially (Significant Less Than — No Significant; 'Impact Impact With Significant Impact _Mitigation Impact Incorporated a. Create a significant hazard to the public or the environment through routine transport, use, or disposal ✓ of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and ✓ accident conditions involving the release of hazardous materials 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 Section 65962.5, and, as a result, ✓ would it create a significant hazard to the public or the environment? e. For a project 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, would the project ✓ result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people ✓ residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency ✓ evacuation Ian? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where ✓ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a. Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? No impact. The proposed project involves stream restoration. The project does not have the capacity to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Therefore, no impact would occur in this regard. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project I Initial Study /Mitigated Negative Deu,dration 4.0 Environmental Analysis b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than significant impact with mitigation incorporated. Construction equipment that would be used to build the proposed project has the potential to release oils, greases, solvents, and other finishing materials through accidental spills. Spill or upset of these materials would have the potential to affect surrounding land uses. However, the consequences of construction - related spills are generally reduced in comparison to other accidental spills and releases because the amount of hazardous material released during a construction- related spill is small as the volume in any single piece of construction equipment is generally less than 50 gallons. Construction - related spills of hazardous materials are not uncommon, but the enforcement of construction and demolition standards, including BMPs by appropriate local and state agencies, would minimize the potential for an accidental release of petroleum products and /or hazardous materials or explosions during construction. Federal, state, and local controls have been enacted to reduce the effects of potential hazardous materials spills. City regulations include Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Chapter 9.04 of the City's Municipal Code, and implementation of the California Accidental Release Prevention Program (City of Newport Beach 2006b). Elements of these programs include spill mitigation and containment and securing of hazardous materials containers to prevent spills. Compliance with these requirements is mandatory as standard permitting conditions and would minimize the potential for the accidental release or upset of hazardous materials, helping to ensure public safety. The project site consists of a natural canyon and perennial stream. It is not anticipated that recognized environmental conditions (RECs) or hazardous materials existwithin the canyon. Environmental Data Resources, Inc. (EDR) conducted a records search of regulatory databases for the project site and properties within a quarter -mile radius to determine whether regulatory sites or hazardous wastes had been reported within or near the project site (refer to Tattle 5, Identified Sites Within a One -Mile Radius of the Project Site). The EDR records search included a search of federal, state, and local agency environmental records, and a search for information about the physical setting of the project site and its. surroundings. During construction, storage and use of hazardous materials would be located outside of the Buck Gully drainage in a specified area, defined by the contractor. Table 5 Identified Sites Within a One -Mile Radius of the Project Site ;EDR_ Map ' I- Site Name/Address, Direction 4 Regulatory f11 „ -, Site status - Potentialforan REC;cn the, , Database 1 I. ;'.,-,. ab# . Proectsite'i� .t;, Prroect Site. 0.01 -mile south Low Bank of America of the project Reported asbestos -containing waste. Disposal (No Contamination At 220 Evenin Can on Road site HAZNET Method: Dis osal, Land Fill. re orted 0.03 -mile west Low Ozone Technology of the project (No Contamination 2 2239 Po Avenue site SSTS Re orted o eration of an ozone enerator. re ortetl Shorecliff RoadlEvening 0.01 -mile south Canyon Road of the project Latex paint was discharged into title pools from drain Low A3 Corona del Mar site CHMIRS e. Dischar ewas recovered. and cleaned u . Refer to site status 2010 Buck Gully Restoration Project ' u Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis Table 5 (continued) Identified Sites Within a One -Mile Radius of the Project Site p Direction s Potential for an d Ma Site.Name /Address "Or" , ' Site Status REC ID # - t'Si- , Poete - " -' Project Site Site is mitered with historical underground storage HIST UST tanks used to store waste, waste oil, premium 34 Staten #4898 0.01 -mile SWEEPS UST gasoline, unleaded gasoline, and petroleum. Site B5 3928 E. Pacific Coast northeast of the LUST has a reported release of gasoline to soil only. Case Low B6 Highway roject site Cortese number91UT157. Case closed July 28,1994. Refer to site status Site is reported as generating unspecific solvent mixture waste. Disposal method not reported. Site Arco #1030 0.16 -mile north HAZNET has a reported release of gasoline to soil only. Case 3636 E. Pacific Coast of the project LUST number 87UT040. Case closed on February 12, Low C7 Highway site Cortese 1991. Refer to site status Site is reported as a small quantity generator of ignitable hazardous wastes and benzene. Site is reported with a release of gasoline to other ground water. Case number is03UT002. Preliminary site assessment is underway. Site is reported to have waste of empty containers of less than 30 gallons. Disposal Method: Disposal, other, and aqueous solution with less than 10% total organic residues. Disposal Method: Recycler. Site is reported to RCRA -SQG have USTs used to Store leaded, regular unleaded Shell Oil Co. 0.16-mile north LUST fuel, and petroleum. Site is reported with a second 3600 E. Pacific Coast of the project HAZNET release of gasoline to other groundwater. Case Low C70 I Highway site I SWEEPS UST number 8607030. Case closed April 24 2001. Refer to site status Small Quantity Generator. No additional information provided. Site is reported to generate liquids with halogenated organic compounds. Disposal RCRA -SQG Method: Transfer Station. Site is reported to - Ritz Cleaners 0.27 -mile HAZNET generate liquids with halogenated organic Low 3536 E. Pacific Coast southeast of the DRYCLEANERS compounds. Disposal Method: Transfer Station. (No contamination D14 Hiqhway project site EMI Site is listed within the D cleaners database. re orted Note: Map ID numbers match the site numbers indicated on the map of sites within one -mile radius contained within Appendix B, EDR Search. POTENTIAL FOR ENVIRONMENTAL CONDITION KEY: Low Potential = Potential to create environmental conditions on project site is considered to be low for one or several factors including, but not limited to, the following:. direction of groundwater flow is away from the project site (down gradient); remedial action is underway or completed at off -site location; distance from project site is considered great enough to not allow the creation of a potential environmental condition; only soil was affected by the occurrence; and /or reporting agency has determined no further action is necessary. Moderate Potential = Potential to create environmental condition on project site is considered to be moderate and further investigation may be necessary due to one or several factors including, but not limited to, the following: occurrence reported but remedial status unknown; unable to confirm remedial action completed; proximity to project site; groundwater flow is towards the project site (up gradient). High Potential = Potential to create environmental condition on project site is considered to be high and further investigation necessary due to one or several factors including the following: occurrence noted on -site and status if remedial action unknown; occurrence affected groundwater and is located up gradientfrom project site. Given the existing condition of the site and the potential for RECs from the surrounding properties, hazardous materials are not anticipated to be encountered. In the unlikely event that hazardous materials are present on site, Mitigation Measure HAZ1 shall be implemented to reduce impacts to a less than significant level. Buck Gully Restoration Project , Initial Study /Mitigated Negative Deudration . 4.0 Environmental Analysis Mitigation Measures: HAZ1. During construction, if the contractor discovers unknown wastes or suspect materials that he /she believes may be hazardous, the contractor shall: • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the Project Engineer of the implementing agency; • Secure the areas as directed by the Project Engineer; and • Notify the implementing agency's hazardous and waste /materials coordinator. C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No impact. No schools are located within one - quarter mile of the project site. The closest school is located 0.75 miles north of the project site. Additionally, the proposed project does not have the capacity to emit hazardous emissions and does not involve handling hazardous materials. No impact would occur in this regard resulting from implementation of the proposed project. Mitigation Measures: No mitigation measures are required. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less than significant impact. Available public records indicate that no listed regulatory sites had been reported within the boundaries of the project site. However, these records list seven regulatory sites within a quarter -mile radius of the project site. Refer to Impact Statement 4.7b above. Mitigation Measures: No mitigation measures are required. e. For a project 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, would the project result in a safety hazard for people residing or working in the project area? No impact. The proposed project site is not located within an airport land use plan. The closest operating airport is John Wayne Airport, which is located approximately 5.25 miles to the northeast.Z The project site is not situated within an accident potential zone.3 Mitigation Measures: No mitigation measures are required. Thomas Brothers Guide, Los Angeles and Orange County, 2007. 3 City of Newport Beach General Plan, Figure S5, July 25, 2006. 4o uctooer ;ew u Buck Gully Restoration Project r Initial Study /Mitigated Negative Declaration 4.0 Environmental Analysis f. Fora project within the vicinity ofa private airstrip, would the project result in a safety hazard for people residing or working in the project area? No impact. The proposed project site is not located within the vicinity of a private airstrip; therefore, no safety hazards within the project area would be present. No impact would occur in this regard. Also, refer to Impact Statement 4.7(e) above. Mitigation Measures: No mitigation measures are required. Impair implementation of orphysically interfere with an adopted emergency response plan or emergency evacuation plan? Less than significant impact with mitigation incorporated. The proposed project would not interfere with an adopted emergency response or evacuation plan. Construction equipment would be located in an area that would not obstruct roadways available to the surrounding residential uses. Additionally, a Traffic Management Plan (TMP) would be implemented to ensure that construction would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Mitigation Measures: HAZ2. Refer to Mitigation Measure TRF1. h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildland are adjacent to urbanized areas or where residences are intermixed with wildlands? Less than significant impact. According to Figure S4, Wildfire Hazards, of the General Plan, the project site is located in an area with moderate wildfire hazards. The project proposes the removal of non - native and ornamental vegetation within the canyon. The canyon will be replanted with a native seed mix that will be approved by the California Department of Fish and Game, California Coastal Commission, and City of Newport Beach Fire Department. Project implementation would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. The proposed project consists of restoration of a highly eroded canyon, which would not pose a significant fire hazard. As such, less than significant impacts are anticipated in this regard. Mitigation Measures: No mitigation measures are required. 4b Buck Gully Restoration Project Initial Study /Mitigated Negative DL-.,ration 4.0 Environmental Analysis 4.9 HYDROLOGY AND WATER QUALITY Violate any water quality standards or waste discharge requirements? Less than significant impact. In.response to the 1987 Amendments to the Clean Water Act (CWA), the United States Environmental Protection Agency (U.S. EPA) developed the National Pollution Discharge Elimination System ( NPDES) Phase I Storm Water Program in 1990. The Phase I program requires municipalities serving more than 100,000 persons to obtain a NPDES storm water permit for any construction project larger than five acres of land. In 1999, the Phase II Final Rule extended coverage of the NPDES Storm Water program to certain "small' regulated municipal and construction activities that disturb one 47 October 2010 Less Than Would the p'rojecL Potentially Significant Significant Impact With Less Than Significant No Impact ° Mitigation Impact Impact _-_ _ Incorporated_ _ a. Violate any water quality standards or waste discharge requirements? T.— Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production / rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or V amount of surface runoff in a manner which would result in flooding on- or off -site? 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. Otherwise 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 within a 100 -year flood hazard area structures which would impede or redirect flood flows? L Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? V Violate any water quality standards or waste discharge requirements? Less than significant impact. In.response to the 1987 Amendments to the Clean Water Act (CWA), the United States Environmental Protection Agency (U.S. EPA) developed the National Pollution Discharge Elimination System ( NPDES) Phase I Storm Water Program in 1990. The Phase I program requires municipalities serving more than 100,000 persons to obtain a NPDES storm water permit for any construction project larger than five acres of land. In 1999, the Phase II Final Rule extended coverage of the NPDES Storm Water program to certain "small' regulated municipal and construction activities that disturb one 47 October 2010 Buck Gully Restoration Project I Initial Study /Mitigated Negative L., iaration 4.0 Environmental Analysis or more acres of soil.4 Construction activities disturbing less than one acre are still subject to this permit if the activity is part of a large common plan of development or if significant water quality impairment would result from the activity. The project would comply with the requirements of the Statewide General Construction Permit. A construction activity includes clearing, grading, stockpiling, or excavation. The proposed project would result in soil disturbance due to excavation and earth moving activities. The completed project, as proposed, will prevent sudden and massive erosion of sediment that is likely to occur during a major storm. The proposed project would not result in any increase in impervious area. The City is a co- sponsor of the Orange County Drainage Area Management Plan (DAMP). The DAMP provides the standardized guidelines and best management practices to control point and non -point pollution. Construction of this project will comply with the requirements of the DAMP through the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Post - construction water quality problems associated with excessive discharge of sediment will be eliminated. The proposed project incorporates implementation of a constructed wetland that will provide removal capability of constituents of concern, including metals and bacteria. The proposed project conforms with the City General Plan's Natural Resources Element to enhance and protect the water quality of all natural water bodies, including coastal waters, creeks, bays, harbors, and wetlands (NR 3). The project implements the policies listed in Section 4.3 of the Coastal Land Use Plan specifically preserving and restoring natural hydrologic conditions such that downstream erosion, natural sedimentation rates, surface flow, and groundwater recharge function near natural equilibrium states (4.3.1 -1). Mitigation Measures: No mitigation measures are required. b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would dip to a level which would not support existing land uses or planned uses for which permits have been granted)? No impact. Consistent with these policies, construction of the project will not deplete groundwater supplies or interfere with groundwater recharge. No dewatering activities are expected with the proposed project. No impacts to groundwater supplies or groundwater recharge would occur. Mitigation Measures: No mitigation measures are required. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? No impact. The proposed project will not alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off -site. The Note: Small municipalities are defined as any municipality that is not either a medium or large municipality covered by Phase I of the NPDES Storm Water Program. 2010 Buck Gully Restoration Project Initial Study /Mitigated Negative Deo.dration 4.0 Environmental Analysis proposed project will prevent a massive loss of sediment in the canyon bottom from a large storm event. This will be accomplished by restoring the natural drainage pattern within Buck Gully through the use of environmentally friendly materials to train streamflows back toward the center of the canyon and to provide energy dissipation needed to prevent erosion due to high flow velocities generated by large storms. The construction documents implement Policy 4.3.1 -7 of the CLUP that requires that the proposed project take measures during construction to limit land disturbance activities during clearing and grading activities. The policy requires construction to minimize disturbance of natural vegetation including: significant trees, native vegetation, root structures, and other physical or biological features important for preventing erosion or sedimentation. Construction is designed to provide balance between cut - and -fill quantities, and to limit clearing and grading activities to the maximum extent feasible. Also refer to response 4.8(b) above for discussion on erosion and sedimentation. The construction documents also implement Policy 4.3.2 -7 of the CLUP which requires development (and restoration activities) to protect the natural drainage systems that exist on the site, to the maximum extent practicable. The construction documents provide for utilizing existing drainage patterns and systems, conveying drainage from the developed (restored) areas of the site in a non - erosive manner, and restoring disturbed or degraded natural drainage systems. Mitigation Measures: No mitigation measures are required. Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? No impact. The project would not alter the existing drainage pattern of the site or area in a manner which would result in flooding on -or off -site. Flood velocities and depth of flows will be unchanged outside the boundaries of the project. Mitigation Measures: No mitigation measures are required. 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? (�'I' r,o c No impact. The proposed project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems, nor would the project provide substantial additional sources of water. Mitigation Measures: No mitigation measures are required. Otherwise substantially degrade water quality? Less than significant impact. The proposed project will have a beneficial impact with regard to water quality, as it would reduce the amount of sediment and other pollutant flowing through the site and into the ocean and associated sensitive marine life areas. Mitigation Measures: No mitigation measures are required 49 October Buck Gully Restoration Project Initial Study /Mitigated Negative Dcoiaration 4.0 Environmental Analysis 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? No impact. The proposed project does not involve the development of housing; therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Less than significant impact. The proposed gabion drop structures and weirs would be placed within the streambed (i.e., within the 100 -year flood hazard area). The structures are designed to prevent the rapid loss of sediment in the canyon bottom and the subsequent loss of native habitat in and along the streambed and on the canyon slopes. The structures will re- establish the natural streambed flowpath. While there will be temporary impacts during construction, there are no permanent negative impacts. Mitigation Measures: No mitigation measures are required. i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No impact. The project site is not located within a dam inundation area; therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required Inundation by seiche, tsunami, or mudflow? No impact. A seiche is an oscillation of a body of water in an enclosed or semi - enclosed basin, such as a reservoir, harbor, lake, or storage tank. A tsunami is a great sea wave, commonly referred to as a tidal wave, produced by a significant undersea disturbance such as tectonic displacement of a sea floor associated with large, shallow earthquakes. Mudflows result from the down -slope movement of soil and /or rock under the influence of gravity. The project site is located adjacent to the Pacific Ocean. According to the General Plan, seismically induced seiches are not considered a potential hazard within the City. The beach area can be impacted by a tsunami. The proposed project does not include new habitable structures, nor would it alter any existing structures in the project vicinity. The project would therefore not increase the likelihood of damage by a tsunami; therefore, there is no impact. Without the project, it is more likely over time there will be undermining of the channel slopes and potential failures. Failed slopes will disrupt the vegetation stabilizing the surface of the slope and potentially lead to mud slides in a storm event. The proposed project will essentially eliminate this threat. Mitigation Measures: No mitigation measures are required uctooer Buck Gully Restoration Project Initial Study /Mitigated Negative Deu,..ration 4.0 Environmental Analysis 4.10 LAND USE AND PLANNING Physically divide an established community? No impact. As a canyon, Buck Gully physically divides residential uses within the immediately vicinity. The proposed restoration will not physically divide the established community and no residential uses would be negatively impacted. Mitigation Measures: No mitigation measures are required. b. Conflict with any applicable land use plan, policy, orregulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? No Impact. The proposed project is identified in the General Plan, under Policy NR 10.8 (Standards for Buck Gully and Morning Canyon). Per Policy NR 10.8, the standard is to prepare natural habitat protection regulations for Buck Gully and Morning Canyon to provide for the protection of the natural habitats in these areas and private property rights. Also, the regulations include standards for placement of structures, native vegetationifuel modification buffers, and erosion and sedimentation control structures. The project would remove exotic and invasive plant species, and replace them with native plant species approved by the CDFG and the City of Newport Beach Fire Department; therefore, the proposed project conforms with regulatory and City policies. With regard to applicable City zoning ordinances and standards, the proposed project is in compliance with the CLUP for the City of Newport Beach. The City will obtain a Coastal Development Permit prior to commencement of any construction activities and, therefore, must be consistent with Chapter 3 of the Coastal Act. 911511 Policy 2.8.7 -1 of the CLUP directs the City to conduct hydrological studies of Big Canyon, Buck Gully, and Morning Canyon to develop methods to control waterquality, sedimentation, erosion, and slope failure, and to protect downstream areas from debris flows. Hydrological studies have been conducted for the proposed project which shows a significant need for slope stabilization measures, which is the basis for the proposed project. 51 10 Less Than lNotild,the i � [Potentially Significant- - Less Than No project Slgn ficant i Impact Wlft^ .Sigmficant Impact z Impact? wMitigahon Iricorporate8 a. Physically divide an established community? ,/ b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific V 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 Ian? Physically divide an established community? No impact. As a canyon, Buck Gully physically divides residential uses within the immediately vicinity. The proposed restoration will not physically divide the established community and no residential uses would be negatively impacted. Mitigation Measures: No mitigation measures are required. b. Conflict with any applicable land use plan, policy, orregulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? No Impact. The proposed project is identified in the General Plan, under Policy NR 10.8 (Standards for Buck Gully and Morning Canyon). Per Policy NR 10.8, the standard is to prepare natural habitat protection regulations for Buck Gully and Morning Canyon to provide for the protection of the natural habitats in these areas and private property rights. Also, the regulations include standards for placement of structures, native vegetationifuel modification buffers, and erosion and sedimentation control structures. The project would remove exotic and invasive plant species, and replace them with native plant species approved by the CDFG and the City of Newport Beach Fire Department; therefore, the proposed project conforms with regulatory and City policies. With regard to applicable City zoning ordinances and standards, the proposed project is in compliance with the CLUP for the City of Newport Beach. The City will obtain a Coastal Development Permit prior to commencement of any construction activities and, therefore, must be consistent with Chapter 3 of the Coastal Act. 911511 Policy 2.8.7 -1 of the CLUP directs the City to conduct hydrological studies of Big Canyon, Buck Gully, and Morning Canyon to develop methods to control waterquality, sedimentation, erosion, and slope failure, and to protect downstream areas from debris flows. Hydrological studies have been conducted for the proposed project which shows a significant need for slope stabilization measures, which is the basis for the proposed project. 51 10 Buck Gully Restoration Project t' Initial Study /Mitigated Negative L.,.,,aration 4.0 Environmental Analysis o E o�,. Section 30107.5 of the Coastal Act defines "environmentally sensitive area" as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." Section 30240 of the Coastal Act requires that environmentally sensitive habitat areas (ESHAs) be protected against any significant disruption of habitat values. Only uses dependent on those resources are allowed within ESHAs, and adjacent development must be sited and designed to prevent impacts that would significantly degrade the ESHA and must be compatible with the continuance of the ESHA. Coastal sage scrub and riparian habitat occupy portions of the project site, which may be considered ESHA since it serves as potential habitat for the California gnatcatcher. However, the proposed project seeks to enhance the native vegetation by installing slope stabilization measures, which would ultimately improve on -site conditions. The proposed project is resource dependent. Policy 4.1.1 -2 of the CLUP states that the City requires a site - specific survey and analysis prepared by a qualified biologist as a filing requirement for a CDP application where development would occur within or adjacent to areas identified as a potential ESHA. ESHA may or may not be present on site given the lack of special status species. A biological analysis has been prepared by BonTerra Consulting and will be included in the CDP application. The determination of ESHA is made by CCC staff after review of biological technical studies and a formally submitted CDP application. Policy 4.1.1 -4 protects ESHAs against any significant disruption of habitat values. Policy 4.1.1 -6 requires development in areas adjacent to an ESHA to be sited and designed to prevent impacts that would significantly degrade those areas, and to be compatible with the continuance of those habitat areas. Policy 4.1.1 -7 limits uses within ESHAs to only those uses that are dependent on such resources. The proposed project seeks to enhance the area by installing slope stabilization measures, which would ultimately improve the on -site ESHA (if present). The proposed project is entirely dependent on the resource due to the presence of a creek and riparian area. Policy 4.1.1 -12 requires the use of native vegetation and prohibits invasive plant species within ESHAs and ESHA buffer areas. Policy 4.1.1 -14 requires mitigation in the form of habitat creation or substantial restoration for allowable impacts to ESHA and other sensitive resources that cannot be avoided through the implementation of siting and design alternatives. The proposed project seeks to enhance and restore ESHA; therefore, no additional mitigation is required. Temporary impacts to vegetation will occur; however, vegetation shall be replanted once gabion structures are installed. Non - native vegetation would be replaced with a native seed mix approved by the CDFG and the City. Policy 4.1.1 -16 requires monitoring of mitigation measures for allowable impacts to ESHA and other sensitive resources for a period of sufficient time to determine if mitigation objectives and performance standards are being met. The City would be required to perform at least 5 years of monitoring and mitigation measures to ensure that native planting is successful. Completion of the monitoring would occur after 5 years, or before, if the site is deemed successful by the regulatory agencies. Implementation of 131O2 would ensure compliance with the specific mitigation measures outlined in the CLUP water quality policies 4.1.3 -1 for Buck Gully (b, c, d, e, f, g, and n). Policies 4.1.3 -2, -3, and -4 are applicable to the proposed project. 52 Buck Gully Restoration Project i Initial Study /Mitigated Negative DE;-.-ration 4.0 Environmental Analysis In addition, Policy 4.2.1 -2 is to protect, maintain, and, where feasible, restore the biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes. The proposed project is a restoration project which would serve to increase and restore the biological productivity and quality of a coastal wetland through the project's stabilization and revegetation activities. As stated in Section 4.8, the proposed project is consistent with the hydrology and water quality related land use policies of the CLUP. Refer to Section 4.8, Hydrology and Water Quality. The proposed canyon protection project to address flood control and restoration issues conforms to the provisions of the Coastal Act. The rapid erosion of this reach of the canyon has disrupted the historically stable creek bed and created secondary flow paths that in turn have accelerated erosion in the canyon bottom. This erosion threatens the slope buttress along the west side of the canyon. Failure of the canyon slope would threaten houses on the canyon ridge. The streambed floor remains potentially unstable forwetland and riparian habitat, which has encouraged invasive plants, resulting in the degradation of native plant communities. Using environmentally - friendly gabion drop- structures, the proposed project conforms with Section 30236 of the Coast Act as these gabion structures are the best mitigation measure for reestablishing the streambed near the center of the canyon to safely convey flood flows through this reach of the canyon, and forestalling failure of the canyon slopes which in turn would threaten houses at the top of the slope. Installation of the gabion structures will prevent hundreds of thousands of cubic yards of sediment from being washed out of the canyon. Such a washout would permanently disrupt the canyon habitat areas, as there is no significant upstream source to resupply the sediment. With the canyon bottom stabilized, in conformance with the Coastal Act Section 30233, the success of restoration measures would be enhanced due to the long -term stability of the substratum. As a consequence, the functional capacity of riparian and wetland habitats would also be enhanced. The canyon restoration project will provide maintenance crews access into the canyon to remove invasive plants. Morning Canyon (the canyon immediately downcoast of Buck Gully) is a good case study where the same environmentally - friendly structural measures were used to stabilize the streambed, resulting in an upsurge in native riparian and wetlands vegetation. As gabion structures are an effective means to stabilize streambeds with no adverse effects, the proposed project grading for canyon restoration conforms with Coast Act Section 30233 that permits filling of wetlands where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects. Since the proposed project is consistent with the applicable land use plans, policies, and regulations that pertain to the proposed project, impacts associated with construction would be less than significant and no additional mitigation measures are required. Mitigation Measures: No additional mitigation measures are required. o:s Buck Gully Restoration Project i Initial Study /Mitigated Negative De„ iaration 4.0 Environmental Analysis C. Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The City, through execution of the NCCP /HCP Implementation Agreement (IA) and the issuance of an Endangered Species Section 10(a) Permit from the USFWS, is a participating land use jurisdiction in the Central - Coastal Subregional NCCP /HCP program. As a participating land use jurisdiction, the City receives specific regulatory authorizations pursuant to the provisions of the IA and the 10(a) Permit, including full regulatory coverage for 32 species and 3 habitat types, and conditional regulatory coverage for 7 species. Specifically, program participation requires that focused coastal California gnatcatcher surveys be conducted by a federally permitted biologist to determine the presence or absence of this species prior to development of the project site. No California gnatcatchers are located within the survey area based on focused studies conducted by BonTerrra within the project site. Refer to Impact Statement 4.4(a) for additional information regarding focused surveys. Mitigation Measures: No mitigation measures are required. b4 Buck Gully Restoration Project I Initial Study /Mitigated Negative De,.,dration 4.0 Environmental Analysis 4.11 MINERAL RESOURCES n " " _Less,; an r _ y 6y id the protect ,Potentially Slgmficant >' L'ess Than No Significant I`n act Vilth �Sigmflcant lirtpact � .` ilntpad �;ffijtigatibft Impact, ;a Incorporat_e'd . c a. Result in the loss of availability of a known mineral resource that 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 Ian? Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No impact. According to the General Plan, oil production became the primary mineral extraction activity in and around the City. Two separate production and reserve areas exist within the City's Sphere of Influence: Newport Oil Field in west Newport and West Newport Oil Field in the Banning Ranch area. Other than oil and gas resources, there is no active mining within the Newport Beach area. Since no significant mineral resource deposits are known to exist within the project area, implementation of the proposed project would not result in the loss of availability of a known mineral resource. No impacts are anticipated to occur. Mitigation Measures: No mitigation measures are required. 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? No impact. As noted in 4.11(a) above, project implementation would not result in the loss of availability of a locally important mineral resource recovery site. No sites designated as an area with significant mineral deposits are located within the project limits; therefore, implementation of the proposed project would result in no impacts. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project r Initial Study /Mitigated Negative Dtoaration 4.0 Environmental Analysis 4.12 NOISE Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise is generally defined as unwanted or excessive sound, which can vary in intensity by over one million times within the range of human hearing; therefore, a logarithmic scale, known as the decibel scale (dB), is used to quantify sound intensity. Sound is characterized by both its amplitude and frequency (or pitch). The human ear does not hear all frequencies equally. In particular, the ear deemphasizes low and very high frequencies. To better approximate the sensitivity of human hearing, the A- weighted decibel scale (dBA) has been developed. On this scale, the human range of hearing extends from approximately 3 dBA to around 140 dBA. Noise can be generated by a number of sources, including mobile sources such as automobiles, trucks, and airplanes, and stationary sources such as construction sites, machinery, and industrial operations. Noise generated by mobile sources typically attenuates (is reduced) at a rate between 3.0 and 4.5 dBA per doubling of distance. The rate depends on the ground surface and the number or type of objects between the noise source and the receiver. Hard and flat surfaces, such as concrete or asphalt, have an attenuation rate of 3.0 dBA per doubling of distance. Soft surfaces, such as uneven or vegetated terrain, have an attenuation rate of about 4.5 dBA per doubling of distance. Noise generated by stationary sources typically attenuates at a rate between 6.0 and about 7.5 dBA per doubling of distance. ' ,Less Than ` Would theAproyect Potentially Sigmhcanf r Less Than No Significant 1rnpact With -_ Significant Impact _ d` pact Mitigation ' Imp` act � - Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general ✓ plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ✓ roundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without ✓ the project? d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing ✓ without the project? e. For a project 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, would the ✓ project expose people residing or working in the project area to excessive noise levels? I. For a project within the vicinity of a private airstrip, would the project expose people residing or working in ✓ the project area to excessive noise levels? Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise is generally defined as unwanted or excessive sound, which can vary in intensity by over one million times within the range of human hearing; therefore, a logarithmic scale, known as the decibel scale (dB), is used to quantify sound intensity. Sound is characterized by both its amplitude and frequency (or pitch). The human ear does not hear all frequencies equally. In particular, the ear deemphasizes low and very high frequencies. To better approximate the sensitivity of human hearing, the A- weighted decibel scale (dBA) has been developed. On this scale, the human range of hearing extends from approximately 3 dBA to around 140 dBA. Noise can be generated by a number of sources, including mobile sources such as automobiles, trucks, and airplanes, and stationary sources such as construction sites, machinery, and industrial operations. Noise generated by mobile sources typically attenuates (is reduced) at a rate between 3.0 and 4.5 dBA per doubling of distance. The rate depends on the ground surface and the number or type of objects between the noise source and the receiver. Hard and flat surfaces, such as concrete or asphalt, have an attenuation rate of 3.0 dBA per doubling of distance. Soft surfaces, such as uneven or vegetated terrain, have an attenuation rate of about 4.5 dBA per doubling of distance. Noise generated by stationary sources typically attenuates at a rate between 6.0 and about 7.5 dBA per doubling of distance. Buck Gully Restoration Project p Initial Study /Mitigated Negative Deu...ration 4.0 Environmental Analysis There are a number of metrics used to characterize community noise exposure, which fluctuate constantly over time. One such metric, the equivalent sound level (Leq), represents a constant sound that, over the specified period, has the same sound energy as the time - varying sound. Noise exposure over a longer period of time is often evaluated based on the Day -Night Sound Level (Ldn). This is a measure of 24 -hour noise levels that incorporates a 10 -d BA penalty for sounds occurring between 10 PM and 7 AM. The penalty is intended to reflect the increased human sensitivity to noises occurring during nighttime hours, particularly at times when people are sleeping and there are lower ambient noise conditions. Typical Ldn noise levels for light and medium - density residential areas range from 55 to 65 dBA. Two of the primary factors that reduce levels of environmental sounds are increasing the distance between the sound sources to the receiver, and having intervening obstacles such as walls, buildings, or terrain features between the sound source and the receiver. Factors that act to increase the loudness of environmental sounds include: moving the sound' source closer to the receiver, sound enhancements caused by reflections, and focusing caused by various meteorological conditions. Existing Noise Environment The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH). The surrounding land uses consist of residential uses to the east and west, the Pacific Ocean to the south, and ECH to the north. The residential street to the west of the project site is Hazel Drive and to the east is Evening Canyon Road. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Short-Term (Construction) Noise Impacts Less than significant impact with mitigation incorporated. Construction activities are temporary and generally have a short duration, lasting from a few days to a period of a few months (no noise would result from the project upon post- construction). The primary construction activity would include fine grading. The project would include a total of 10,000 cubic yards of cut and fill. Groundborne noise and other types of construction - related noise impacts would typically occur during the site grading, which can create the highest levels of noise. Activities that occur during the grading phase include earth moving and soils compaction. High groundborne noise levels and other miscellaneous noise levels can be created during this phase by the operation of a dozer and backhoe (refer to Impact Statement 4.11(b) below). In addition to construction noise from the canyon site, increased noise would occur along the access route to the site due to movement of equipment and workers. The primary heavy construction equipment and vehicles are expected to be moved on -site during the construction period and would have a less than significant short-term noise impact effect on nearby roadways and residential uses. Table 6, Typical Construction Equipment Noise Levels, indicates the anticipated equipment noise levels of the construction equipment that would be utilized. The noise levels presented in Table 6 are based on quantity, type, and Acoustical Use Factor for each type of equipment that would be used. 2010 Buck Gully Restoration Project f Initial Study /Mitigated Negative Do. saration 4.0 Environmental Analysis Table 6 Typical Construction Equipment Noise Levels Typefof Equtpmgpt AcousttcaliflsefFactq� - L at 50 Feetfi(d6A)r- Percent - — - — - -1 Dozer 40 82 Backhoe 40 84 Note: 1. Acoustical Use Factor (percent): Estimates the fraction of time each piece of construction equipment is operating at full power (i.e., its loudest condition) during a construction operation, Source: Federal Highway Administration, Roadway Construction Noise Model (FHWA- HEP -05- 054 ), January 2006; refer to Appendix D. Table 7, Construction Average Leg Noise Levels by Distance and Construction Stage, provides a description of construction noise levels during fine grading. Grading would include mostly site preparation activities and vegetation clearance. Construction equipment utilized would include a dozer and backhoe. The noise levels presented in Table 7 are based on the equipment noise profiles presented in Table 6. Noise receptors consist of residential uses that are located to the north, south, east, and west of the proposed restoration area. These residential uses are approximately 140 feet to the north, 132 feet to the south, 145 feet to the east, and 80 feet to the west. Speech Interference Criteria A Speech Interference Level was designed as a simplified substitute for the Articulation Index.5 The Speech Interference Level is considered to provide a better estimate of the masking ability of a noise. Since the Speech Interference Level does not take into account the actual speech level, the associated masking effect depends upon vocal effort and speaker -to- listener distance. Speech spoken with slightly more vocal effort can be understood well when the noise level is 65 dBA. A typical building can reduce noise levels by 20 dBA with the windows closed .6 In some cases this noise reduction could be maintained only on a temporary basis, since it assumes windows would remain closed at all times. Therefore, in the absence of an adopted specific construction noise related threshold by the City of Newport Beach, this analysis utilizes an interior level of 65 dBA as a criterion level for determining significance for construction - related activities. Short-term construction - related noise impacts would be anticipated during construction. Construction activities would expose adjacent receptors to exterior noise levels of 75.5 dBA to 80.7 dBA during fine grading. As indicated in Table 7, the worst -case exterior noise levels would exceed 65 dBA at these uses. Speech Interference Criteria will not be exceeded as interior noise levels are below 65 dBA. According to City of Newport Beach Municipal Code 10.28.04 Construction Activity - Noise Regulations, loud noise caused by construction activities is permitted during the hours ' Articulation index takes into account that some frequencies are more effective in masking speech than others. The frequency range from 250 to 7000 Hz is divided into 20 bands. The difference between file average speech peak level in each of these bands is calculated and the resulting numbers combined to give a single index. United States Department of Housing and Urban Development, The Noise Guidebook, undated, page 14. M. ," Buck Gully Restoration Project , Initial Study /Mitigated Negative Deu., ration 4.0 Environmental Analysis of 7:00 A.M. to 6:30 P.M. on weekdays and 8:00 A.M. to 6:00 P.M. on Saturdays. Loud noise resulting from construction activities is not permitted on any Sunday or federal holiday. These impacts are considered short-term and would cease upon completion of construction activities. Implementation of Mitigation Measures N1 and N2 and compliance with the Newport Beach Municipal Code Noise Ordinance would serve to minimize the length of time residents are exposed to significant noise levels. Table 7 Construction Average Leq Noise Levels by Distance and Construction Stage Long Term Noise Impacts The project proposes the installation of stepped - gabion grade control structures in the tower reach and bend -way weirs along the upper bend of lower Buck Gully (south of East Coast Highway). This installation will lower the grade and uniformly distribute high flows, thereby reducing velocities, and subsequently limiting the erosive nature of major flood events. No mechanical equipment would be required, and there would not be the need for regular vehicle access to the area. Therefore, the proposed project would not result in mobile noise impacts. Mitigation Measures: N1. Construction activities, including equipment startup, shall be limited to 7:00 A,M. to 6:30 P.M. Monday through Friday and 8:00 A.M. to 6:00 P.M. on Saturday; no construction will occur on any Sunday or federal holiday. N2. Prior to grading operations, the project shall demonstrate, to the satisfaction of the City of Newport Beach Planning Department, that the project complies with the following: United States Department of Housing and Urban Development, The Noise Guidebook, undated, page 14. Rece for Locations_ Estimated Estimated Speech Description IExterjor �I wor - Interference Ezceed i Direction Distance2 _ Construction Construction Criteria Criteria? - - - Noise Level3.4 Noise Level3.4 Phase 1 North 140 feet 75.8 55.8 65 No South 132 feet 76.3 56.3 65 No Fine Grading East 145 feet 75.5 55.5 65 No West 80 feet 80.7 60.7 65 No Notes: 1. To the north, south, east, and west are residential units which are considered sensitive receptors. 2. Distance is from the nearest sensitive receptor to the center of the project site, which approximates the acoustical dispersal characteristics of an active construction zone. 3. Derived from the Federal Highway Administration, Roadway Construction Noise Model (FHWA- HEP- OM54), January 2006; refer to Appendix D for equipment mixes used during construction. 4. A typical building can reduce noise levels by 20 dBA with the windows closed? This assumes all windows and doors are closed, thereby attenuating the exterior noise levels by 20 dBA. Long Term Noise Impacts The project proposes the installation of stepped - gabion grade control structures in the tower reach and bend -way weirs along the upper bend of lower Buck Gully (south of East Coast Highway). This installation will lower the grade and uniformly distribute high flows, thereby reducing velocities, and subsequently limiting the erosive nature of major flood events. No mechanical equipment would be required, and there would not be the need for regular vehicle access to the area. Therefore, the proposed project would not result in mobile noise impacts. Mitigation Measures: N1. Construction activities, including equipment startup, shall be limited to 7:00 A,M. to 6:30 P.M. Monday through Friday and 8:00 A.M. to 6:00 P.M. on Saturday; no construction will occur on any Sunday or federal holiday. N2. Prior to grading operations, the project shall demonstrate, to the satisfaction of the City of Newport Beach Planning Department, that the project complies with the following: United States Department of Housing and Urban Development, The Noise Guidebook, undated, page 14. Buck Gully Restoration Project I Initial Study /Mitigated Negative Du..iaration 4.0 Environmental Analysis All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Construction noise reduction methods such as shutting off idling equipment and maximizing the distance between construction equipment staging areas and occupied residential areas /sensitive biological habitat shall be implemented. During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. A project sign shall be clearly posted at the primary construction entrance, as an information resource for surrounding property owners and residents. The sign shall include the following minimum project information: project name, general contractor, normal construction hours, normal workdays, and local telephone number of the Job Superintendent. If the City or the Job Superintendent receives a complaint, the Superintendent shall investigate, take appropriate corrective action, and report the action taken to the City. b. Exposure of persons to or generation of excessive groundborne vibration of groundborne noise levels? Less than significant impact. Project construction can generate varying degrees of ground -borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Ground -borne vibrations from construction activities rarely reach levels that damage structures. The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.20 inch /second) appears to be conservative. The types of construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This distance can vary substantially depending on the soil composition and underground geological layer between vibration source and receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. Typical vibration produced by construction equipment is illustrated in Table 8, Typical Vibration Levels for Construction Equipment. Ground -borne vibration decreases rapidly with distance. As indicated in Table 8, based on the FTA data, vibration velocities from typical heavy construction equipment operations that would be used during project construction range from 0.003 to 0.210 inch -per- second peak particle velocity (PPV) at 25 feet from the source of activity. At 75 feet from the source of bu uctooerzut Buck Gully Restoration Project I Initial Study /Mitigated Negative Dec.dration 4.0 Environmental Analysis activity, vibration velocities range from 0.001 to 0.040 inch -per- second PPV. With regard to the proposed project, ground -borne vibration would be generated primarily during site clearing and grading activities. Additionally, a vibratory roller may be used for compaction activities. The PPV from bulldozer and heavy truck operations is shown to be 0.089 inch -per- second PPV and 0.076 inch -per- second PPV, respectively, at a distance of 25 feet. The closest occupied structures (residences) with a daytime use are approximately 80 feet (25 meters) away from potential heavy construction activity zones. At 80 feet, these pieces of construction equipment would result in 0.016 and 0.013 inch -per- second PPV and would be below the 0.20 inch -per- second PPV significance threshold. As stated above, the construction activities associated with the proposed project may also include vibratory rolling. The closest occupied structures (residences) with a daytime use are approximately 80 feet (25 meters) away from proposed vibratory rolling activities. The vibratory roller would result in a 0.037 inch -per- second PPV at the closest occupied structures. Therefore, as each of the calculated values is below the 0.20 inch -per- second PPV significance threshold, vibration impacts associated with construction would be less than significant, and no mitigation measures are required. Table 8 Typical Vibration Levels for Construction Equipment t �Equ ipment �''� r to roxrmate eak articleveloci t :, PP �, P P .� ty:a 25'.feet'(lq —c s.lsebond), , • "` A roximate`eak" article ffi-di -t' PPS.. P P t ty. 7,5 feet (iiicheslsecond) Large bulldozer 0.089 0.017 Loaded trucks 0.076 0.015 Small bulldozer 0.003 0.001 Augerldrill rigs 0.089 0.017 Jackhammer 0.035 0.007 Vibratory hammer 0.035 0.007 Vibratory roller 0.210 0.040 Notes: 1. Peak particle ground velocity measured at 25 feet unless noted otherwise. 2. Root mean square amplitude ground velocity in decibels (VdB) referenced to 1 micro - inch /second. Source: Federal Transit Administration, Transit Noise and Vibration lm act Assessment Guidelines, May 2006, Mitigation Measures: No mitigation measures are required. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No impact. Implementation of the proposed project would not result in a substantial permanent increase in ambient noise levels since noise increases would only be generated during construction. Mitigation Measures: Refer to Mitigation Measures N1 and N2. 2010 Buck Gully Restoration .Project ( { Initial Study /Mitigated Negative De, Iaration - 4.0 Environmental Analysis d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than significant impact with mitigation incorporated. Refer to Impact Statement 4.11(a)above. Mitigation Measures: Refer to Mitigation Measures N1 and N2 above. e. For a project 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, would the project expose people residing or working in the project area to excessive noise levels? No impact. The project site is not located within an area subject to the requirements of an airport land use plan, as it is located approximately 5 miles from John Wayne Airport (SNA). The project consists solely of construction - related activities; thus, no impacts would occur. Mitigation Measures: No mitigation measures are required. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No impact. Refer to Impact Statement 4.11(e) above. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative Detidration 4.0 Environmental Analysis 4.13 POPULATION AND HOUSING I Less 'Than f Wou Id the project IPotentlally Si nificant (Sigmflcant 4 Im With, Less Than Significant N,o 9 P act , "t' Impact . - P Impact, �Impa'c a= �Inco� oraied_� 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 re lacement housin elsewhere? 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)? No impact. The proposed project would serve to restore Buck Gully. No development is proposed as part of the project. The proposed project is not growth- inducing by nature. Therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No impact. The project site currently consists of a vegetated canyon with a perennial stream. No residential dwelling units exist on the project site. Therefore, development of the proposed project would not displace any housing and no impact would occur in this regard. Mitigation Measures: No mitigation measures are required. c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No impact. Due to the nature of the proposed project, project implementation does not have the potential to displace people; therefore, no impact would occur. Mitigation Measures: No mitigation measures are required. 63 October2010 Buck Gully Restoration Project ( i Initial Study /Mitigated Negative DtGfaration I . 4.0 Environmental Analysis 4.14 PUBLIC SERVICES a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less than significant impact with mitigation incorporated. Fire protection services in the project area are provided by the Newport Beach Fire Department (NBFD). Due to the nature of the proposed restoration, the project would not result in the need for additional fire protection facilities. Short-term construction - related congestion would be mitigated with implementation of a Traffic Management-Plan, as required by the City. The TMP would serve to facilitate emergency vehicle movement in the project area during construction. Mitigation Measures: PS1. Refer to Mitigation Measure TRF1. Police protection? Less than significant impact with mitigation incorporated. The Newport Beach Police Department provides police protection for the project area. Since population growth and new buildings are not proposed, the proposed project would not result in the need for new or physically altered police protection facilities. Short-term construction - related congestion impacts would be mitigated with implementation of a TMP. 64 October 2010 c �% Less Than Would the projects Potentially iSignificant Less Than No Significant Impact With Slgmfcant . Impact Impact Mdigati -0 Im_ pad - - - - - - - -- - Incorporated_ _ _ - a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? 2) Police protection? / 3) Schools? 4) Other public facilities? a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less than significant impact with mitigation incorporated. Fire protection services in the project area are provided by the Newport Beach Fire Department (NBFD). Due to the nature of the proposed restoration, the project would not result in the need for additional fire protection facilities. Short-term construction - related congestion would be mitigated with implementation of a Traffic Management-Plan, as required by the City. The TMP would serve to facilitate emergency vehicle movement in the project area during construction. Mitigation Measures: PS1. Refer to Mitigation Measure TRF1. Police protection? Less than significant impact with mitigation incorporated. The Newport Beach Police Department provides police protection for the project area. Since population growth and new buildings are not proposed, the proposed project would not result in the need for new or physically altered police protection facilities. Short-term construction - related congestion impacts would be mitigated with implementation of a TMP. 64 October 2010 c �% Buck Gully Restoration Project r Initial Study /Mitigated Negative De,.cration 4.0 Environmental Analysis Mitigation Measures: PS2. Refer to Mitigation Measure TRF1 3. Schools? No impact. The project would not generate students or include the construction of buildings, and, therefore, would not result in impacts to school services. Mitigation Measures: No mitigation measures are required. 4. Other public facilities? Less than significant impact. Landscaping is proposed as part of the proposed project; therefore, long -term maintenance would be required. The City Public Works Department would be responsible for vegetation maintenance. No impacts to other public facilities are anticipated; therefore, less than significant impacts would occur. Mitigation Measures: No mitigation measures are required. 2010 Buck Gully Restoration Project � I Initial Study /Mitigated Negative Db,iaration 4.0 Environmental Analysis 4.15 RECREATION a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occuror be accelerated? No impact. Due to the nature of the project, it does not have the capacity to increase the demand on existing neighborhood or regional recreational facilities. No impact would occur in this regard. Mitigation Measures: No mitigation measures are required. b. Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? No impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities; therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. Less Thin Would'fht project: Potentially Significant Less Than No Significant Impact With Significant Impact Impact Mitigation Impact Incorporated a. Would the project 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. Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occuror be accelerated? No impact. Due to the nature of the project, it does not have the capacity to increase the demand on existing neighborhood or regional recreational facilities. No impact would occur in this regard. Mitigation Measures: No mitigation measures are required. b. Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? opportunities? No impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities; therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project , Initial Study /Mitigated Negative Deu.dration - 4.0 Environmental Analysis 4.16 TRANSPORTATION AND TRAFFIC Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? No impact. As the project consists of restoration activities, the project would not have any affect on the circulation system. No impact would occur in this regard. Mitigation Measures: No mitigation measures are required. b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No impact. Refer to Impact Statement 4.15(a) above. Mitigation Measures: No mitigation measures are required. Potentially Less Than Significant . LessT,han Wou'Id the pro /ect ,r. Significant °, Impact,With, Significant No ""Impact, r Impact Impact - ._ Conflict a. with an applicable plan, ordinance or policy a. establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass ✓ transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that ✓ results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ✓ incom atible uses e.., farm equipment)? e. Result in inadequate emergency access? f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities? Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? No impact. As the project consists of restoration activities, the project would not have any affect on the circulation system. No impact would occur in this regard. Mitigation Measures: No mitigation measures are required. b. Conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No impact. Refer to Impact Statement 4.15(a) above. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project ( Initial Study /Mitigated Negative Dc„,aration 4.0 Environmental Analysis Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No impact. Project implementation would not have the capacity to change air traffic patterns. Mitigation Measures: No mitigation measures are required. d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No impact. The proposed project design does not include any sharp curves or traffic intersection crossings. No impacts would occur in this regard. Mitigation Measures: No mitigation measures are required. e. Result in inadequate emergency access? Less than significant impact with mitigation incorporated. Construction staging would occur within the limits of the construction /temporary easement, located throughout the canyon. Contractor access to the project site would be provided by the existing public beach access road at the corner of Ocean Boulevard and Poppy Avenue (Glen Drive). Construction traffic would access the project site from Marguerite Avenue to Ocean Boulevard only; no other streets would be utilized. Since contractor access would occur on Glen Drive, impacts to emergency access could be temporarily impaired. However, with implementation of Mitigation Measure TRF1, impacts would be reduced to less than significant by requiring a Traffic Management Plan (TMP) to be established by the City prior to construction activities. Mitigation Measures: TRF1. Short -term mitigation to roadway use shall be mitigated by a Traffic Management Plan (TMP) to be established by the City prior to construction of any improvements. This TMP shall consist of prior notices, adequate sign - posting, detours, phased construction, and temporary driveways where necessary: The TMP shall specify implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Engineer. Prior detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to reduce impacts. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities? Less than significant impact. The Little Corona tide pools, which can be accessed by the existing public beach access road at the corner of Ocean Boulevard and Poppy Avenue (Glen Drive), receive many visitors throughout the year. Although construction traffic shall access the project site utilizing Glen Drive, the road is steep (grades exceed 15 %), narrow (less than 15 feet wide), and shall remain open for public use during construction. Mitigation Measures: No mitigation measures are required. ors uctooer zut u Buck Gully Restoration Project I Initial Study /Mitigated Negative Dei„aration - 4.0 Environmental Analysis 4.17 UTILITIES AND SERVICE SYSTEMS e Less`Than Would the,pro/ect " �- " Potentially �Sigriificant Sigilflcant , Impact With, l Less Than " Signficant No Impact ;`Mitigation it Jmpac$^ Impact - ` a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quali Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ✓ facilities, the construction of which could cause significant environmental effects? 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 orexpanded entitlements needed? e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected ✓ 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 ✓ .e needs? g. Comply with federal, state, and local statutes and ✓ regulations related to solid waste? a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No impact. The proposed project does not have the capacity to generate wastewater or exceed wastewater treatment requirements. Mitigation Measures: No mitigation measures are required. b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No impact. Due to the relatively limited nature and scope of the proposed physical improvements, the proposed project would not require or result in the construction of new water or wastewater treatment facilities. Mitigation Measures: No mitigation measures are required. �d!wPoR� O }i. �i a�°= 69 October 2010 Buck Gully Restoration Project ( , Initial Study /Mitigated Negative D,- .aration 4.0 Environmental Analysis 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? Less than significant impact. The project consists of restoration of a canyon and drainage. Storm water facilities would not be required for the project; as such, less than significant impacts would result. Mitigation Measures: No mitigation measures are required Have sufficient water supplies available to serve the project from existing entitlement and resources, or are new or expanded entitlement needed? No impact. Due to the temporary nature of the proposed project, no long -term use of water or new post- construction water demands are anticipated. Water would be utilized during construction for air quality measures only. Refer to Section 4.3, Air Quality. Mitigation Measures: No mitigation measures are required e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No impact. Refer to Impact Statements 4.8(a) and 4.8(b) above. Mitigation Measures: No mitigation measures are required. Be served by a landfill with sufficient permitted capacity. to accommodate the project's solid waste disposal needs? No impact. The proposed project would not have the capacity to generate solid waste, and therefore, would not impact landfill capacity. As such, no impacts would result in this regard. Mitigation Measures: No mitigation measures are required. Comply with federal, state, and local statutes and regulations related to solid waste? Less than significant impact. Although vegetation clearing would be initiated during construction, the proposed project does not involve a solid waste generating land use, and therefore would not be subject to federal, state, or local statutes and regulations related to solid waste. Vegetation would be removed off -site with other construction debris and sent to an approved landfill. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project Initial Study /Mitigated Negative DE;-.,ration 4.0 Environmental Analysis 4.18 MANDATORY FINDINGS OF SIGNIFICANCE 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, 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? Less than significant impact with mitigation incorporated. The proposed project includes the temporary removal of vegetation including: southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, and ornamental species. Several special status plant and wildlife species are known to occur within the project area. With implementation of project activities, it is anticipated that habitat will be temporarily removed. However, the site will be replanted with a native seed mix that will be approved by the California Department of Fish and Game, California Coastal Commission, and City of Newport Beach. Therefore, project implementation would not 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, 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. Additionally, with implementation of Mitigation Measures 8101 and 8102, impacts would be reduced to less than significant. Mitigation Measures: No additional mitigation measures are required. Less Than , Would Ure project: Potentially Significant Less Than No Significant Impact With Significant Impact Impact Mitigation_ Impact Incorporated 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, 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. Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection / with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 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, 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? Less than significant impact with mitigation incorporated. The proposed project includes the temporary removal of vegetation including: southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, and ornamental species. Several special status plant and wildlife species are known to occur within the project area. With implementation of project activities, it is anticipated that habitat will be temporarily removed. However, the site will be replanted with a native seed mix that will be approved by the California Department of Fish and Game, California Coastal Commission, and City of Newport Beach. Therefore, project implementation would not 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, 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. Additionally, with implementation of Mitigation Measures 8101 and 8102, impacts would be reduced to less than significant. Mitigation Measures: No additional mitigation measures are required. Buck Gully Restoration Project , Initial Study /Mitigated Negative De,.aration 4.0 Environmental Analysis b. Does the project have impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than significant impact. The project consists of restoration of a canyon. Due to the relatively limited nature and scope of the proposed physical improvements, the proposed project would not involve significant cumulative impacts. Many other effects are isolated to the project area, and have been determined to be less than significant. Although the project may incrementally affect other resources that were determined to be less than significant, the project's contribution to these effects is not considered "cumulatively considerable," in consideration of the relatively nominal impacts of the project. As previously noted, the project is proposed to limit erosion, particularly along the base of the canyon slopes and to reduce the potential of slope destabilization /failure which may result in damage to the existing residential structures situated at the top of these slopes. Cumulative construction- related impacts are mitigated on a case -by -case basis by providing adequate control of dust, noise, and related impacts. Mitigation Measures: No additional mitigation measures are required. C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than significant impact. Because of the relatively limited scope of the proposed modifications, project implementation would not have environmental effects that would cause substantial adverse effects on human beings. Construction - related activities are anticipated to have some minor, temporary impacts (traffic congestion, PM10, emissions and noise). The proposed project is not anticipated to have long -term impacts. Mitigation Measures: No mitigation measures are required. Buck Gully Restoration Project i Initial Study /Mitigated Negative Decoration .0 List of Mitigation Measures 5.0 LIST OF MITIGATION MEASURES 5.1 AIR QUALITY AQ1 During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular water or other dust preventive measures using the following procedures, as specified in SCAQMD Rule 403: • Water material excavated or graded sufficiently to prevent excessive amounts of dust. Water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. • Indicate these control techniques in project specifications. Compliance with the measure will be subject to periodic site inspections by the City. • Prevent visible dust from the project from emanating beyond the property line, to the maximum extent feasible. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with the requirements of California Vehicle Code (CVC) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer). • Trucks transporting soil, sand, cut orfill materials, and /or construction debris to or from the site shall be tarped from the point of origin. AQ2. Project grading plans shall show the duration of construction. Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City. 5.2 BIOLOGICAL RESOURCES B101. Vegetation clearing shall be restricted to outside the peak nesting raptor season (February 1 — June 30). If vegetation clearing occurs between February 1 and June 30, a Biological Monitor shall conduct a pre- construction nesting raptor survey to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified biologist. BI02. The City of Newport Beach shall obtain all appropriate permits for impacts to project areas containing USACE and CDFG jurisdictional resources, including a Coastal Development Permit (CDP) from the California Coastal Commission (CCC). Restoration activities would mitigate project impacts; therefore, mitigation would be at no less than a 1:1 ratio. October 201 Buck Gully Restoration Project ( I Initial Study /Mitigated Negative D.Glaration - 5.0 List of Mitigation Measures Prior to the initiation of any construction - related activities,,the City shall submit a detailed restoration program and restoration site plans for LISACE, CDFG, and CCC approval. The Restoration Program shall contain the following items: • Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the City, Specialists, and Maintenance Personnel that would supervise and implement the plan shall be specified. Site preparation and planting implementation. Site preparation shall include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation (if required); (6) erosion - control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. Schedule. A schedule shall be developed which includes planting in late fall and early winter, between October 1 and January 30. Maintenance plan /guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance (if required); (5) maintenance training; and (6) replacement planting. Monitoring Plan. The Monitoring Plan shall include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above - listed resource agencies; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, which shall be submitted to the resource agencies on a yearly basis, for five years. The City shall monitor and maintain the project site for five years to ensure successful establishment of riparian habitat within the restored and created areas. • Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. 5.3 CULTURAL RESOURCES CR1. If during ground disturbance, potentially significant archaeological evidence (i.e., stone artifacts, dark ashy soils, burned rocks, old glass, metal, ceramic artifacts) becomes apparent, work in that location shall be stopped; if not present, a qualified archaeologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and will be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. 74 October 2010 Buck Gully Restoration Project Initial Study /Mitigated Negative De...aration j.0 List of Mitigation Measures CR2. If human remains are discovered, the County Coroner's office shall be notified immediately under state law (California Health and Safety Code § 7050.5), and all activities in the immediate area of the find shall cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner shall contact the Native American Heritage Commission (NAHC). The NAHC shall designate a Most Likely Descendent who shall make recommendations concerning the disposition of the remains in consultation with the lead agency and project archaeologist. CR3. If, during ground disturbance, potentially significant paleontological evidence becomes apparent, work in that location shall be stopped; if not present, a qualified paleontologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and would be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less than significant. 5.4 HAZARDS AND HAZARDOUS MATERIALS HAZ1. During construction, if the contractor discovers unknown wastes or suspect materials that he /she believes may be hazardous, the contractor shall: • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the Project Engineer of the implementing agency; Secure the areas as directed by the Project Engineer; and • Notify the implementing agency's hazardous and waste /materials coordinator. 5.5 NOISE N1. Construction activities, including equipment startup, shall be limited to 7:00 A.M. to 6:30 P.M. Monday through Friday and 8:00 A.M. to 6:00 P.M. on Saturday; no construction will occur on any Sunday or federal holiday. N2. Prior to grading operations, the project shall demonstrate, to the satisfaction of the City of Newport Beach Planning Department, that the project complies with the following: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment and maximizing the distance between construction equipment staging areas and occupied residential areas /sensitive biological habitat shall be implemented. is Buck Gully Restoration Project I I Initial Study /Mitigated Negative Db .iaration 5.0 List of Mitigation Measures • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. A project sign shall be clearly posted at the primary construction entrance, as an information resource for surrounding property owners and residents. The sign shall include the following minimum project information: project name, general contractor, normal construction hours, normal workdays, and local telephone number of the Job Superintendent. If the City or the Job Superintendent receives a complaint, the Superintendent shall investigate, take appropriate corrective action, and report the action taken to the City. 5.6 TRANSPORTATION /TRAFFIC TRF1. Short-term mitigation to roadway use shall be mitigated by Traffic Management Plan (TMP) to be established by the City prior to construction of any improvements. This TMP shall consist of prior notices, adequate sign- posting, detours, phased construction, and temporary driveways where necessary. The TMP shall specify implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Engineer. Prior detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to reduce impacts. Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 6.0 Determination 6.0 DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project.000LD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that, although the proposed project could have a significant effect on the ® environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be.prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that, although the proposed project could have a significant effect on the environment because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Mr. Robert St n Date Buck Gully Restoration Project t I Initial Study /Mitigated Negative Deuiaration - 7.0 References 7.0 REFERENCES 7.1 ENVIRONMENTAL EVALUATION PERSONNEL Lead Agency: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Contact: Mr. Robert Stein 949/644 -3322 Consultants: RBF Consulting 14725 Alton Parkway Irvine, CA 9261 B Mr. Richard Beck, CEP, REA, CPESC. Environmental Project Manager 949/855 -3687 Mr. Wesley Salter, CEI. Environmental Coordinator 949/330 -4176 Mr. Eddie Torres, INCE, REA. Senior Environmental Analyst 949/472 -3505 Mr. Achilles Malisos, Environmental Analyst 949/472 -3505 BonTerra Consulting (Biological and Cultural Resources) 151 Kalmus Drive, Suite L Costa Mesa, CA 92626 7.2 REFERENCE DOCUMENTS BonTerra Consulting, Biological Constraints Assessment for the Buck Gully Project Site, February 14, 2008. BonTerra Consulting, Special Status Plant Survey for the Buck Gully Project Site, December 8, 2009. BonTerra Consulting, Southwestern Pond Turtle Survey for the Buck Gully Project Site, December 12, 2009. BonTerra Consulting, Least Bell's Vireo and South Western Willow Flycatcher Survey for the Buck Gully Project Site, September 10, 2009. BonTerra Consulting, Results of Coastal California Gnatcatcher Survey for the Buck Gully Project Site, June 11, 2009. City of Newport Beach, General Plan, adopted on July 25, 2006, approved by the populace on November 7, 2006. City of Newport Beach, General Plan 2006 Update Final Environmental Impact Report, SCH No. 2006011119. 1EW V 78 Buck Gully Restoration Project Initial Study /Mitigated Negative De,.,,ration 7.0 References t City of Newport Beach, Local Coastal Program Coastal Land Use Plan, approved by the California Coastal Commission on October 13, 2005, adopted by the City of Newport Beach on December 13, 2005 per Resolution Number 2005 -64. , 9 Y V V I City of Newport Beach, Municipal Code, updated through March 2005. City of Newport Beach, Zoning Code, adopted March 24, 1997 by Ordinance Number 97 -09 Environmental Data Resources Inc. (EDR), EDR Radius Map Report with GeoCheck, Buck Gully Canyon, July 31, 2008. RBF Consulting, Delineation of State and Federal Jurisdictional Waters, February 11, 2008. SCAQMD, CEQA: Air Quality Handbook, November 1977. ra Parenthetical URBEMIS2007 (Version 9.2.4) Assumptions For: Buck Gully Canyon Date: October 2008 LAND USES Amount Land Use Type Unit Type Trip Rate 2.0 Worker Trips 1.0 2.0 CONSTRUCTION SOURCES Year Duration (months) Development 2009 3 months Fine Grading Phase 1 - Demolition: None Phase 2 - Site Grading: Grading Equipment (URBEMIS2007 Default): Quantity Type Hours of Daily Operation 1 Rubber Tired Dozer 8 1 Tractor/Loaders/Backhoe 8 Phase 3 - Paving: None Phase 4 — Building Construction: None Sub -Phase 5 — Architectural Coatings: None Total Acreage Acreage Duration Fugitive Soil Hauling Cut and Fill Year Disturbed Disturbed Dail (days) Dust cubicyards) cubicyards) 2009 3.0 0.75 30.0 Low 20 333.0 Grading Equipment (URBEMIS2007 Default): Quantity Type Hours of Daily Operation 1 Rubber Tired Dozer 8 1 Tractor/Loaders/Backhoe 8 Phase 3 - Paving: None Phase 4 — Building Construction: None Sub -Phase 5 — Architectural Coatings: None Page: 1 10/9/2008 10:56:58 AM Urbemis 2007 Version 9.2.4 Combined Summer Emissions Reports (Pounds/Day) File Name: I:\pdata\00000100\10P\WPWIN\EddieT\Programs\Air\URBEMIS\URBEMIS2007\Buck Gully.urb924 Project Name: Buck Gully Canyon Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: CONSTRUCTION EMISSION ESTIMATES ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 PM2.5 CO2 Exhaust 2009 TOTALS (lbs/day unmitigated) 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1,635.27 2009 TOTALS (lbs/day mitigated) 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1,635.27 Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 Page: 2 10/9/2008 10:56:58 AM Time Slice 7/1/2009-7/24/2009 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1.635.27 Active Days: 18 Fine Grading 07/01/2009- 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1,635.27 07/25/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 44.29 0.00 44.29 9.25 0.00 9.25 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Time Slice 7/27/2009-10/30/2009 2.43 19.65 11.64 0.00 5.00 1.03 6.03 1.05 0.94 1.99 1.635.27 Active Days: 70 Fine Grading 07/26/2009- 2.43 19.65 11.64 0.00 5.00 1.03 6.03 1.05 0.94 1.99 1,635.27 10/30/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 5.00 0.00 5.00 1.04 0.00 1.04 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Phase Assumptions Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 333 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description Page: 3 10/9/2008 10:56:58 AM Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 0 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Construction Mitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Summer Pounds Per Day, Mitigated ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 Time Slice 7/1/2009-7/24/2009 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1.635.27 Active Days: 18 Fine Grading 07/01/2009- 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1,635.27 07/25/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 3.09 0.00 3.09 0.64 0.00 0.64 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Page: 4 10/9/2008 10:56:58 AM Time Slice 7/27/2009-10/30/2009 2.43 19.65 11.64 0.00 0.35 1.03 1.38 0.07 0.94 1.02 1,635.27 Active Days: 70 Fine Grading 07/26/2009- 2.43 19.65 11.64 0.00 0.35 1.03 1.38 0.07 0.94 1.02 1,635.27 10/30/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 0.35 0.00 0.35 0.07 0.00 0.07 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Construction Related Mitigation Measures The following mitigation measures apply to Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% The following mitigation measures apply to Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% Page: 5 10/9/2008 10:56:58 AM For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% Page: 1 10/9/2008 10:57:20 AM Urbemis 2007 Version 9.2.4 Combined Winter Emissions Reports (Pounds/Day) File Name: I:\pdata\00000100\10P\WPWIN\EddieT\Programs\Air\URBEMIS\URBEMIS2007\Buck Gully.urb924 Project Name: Buck Gully Canyon Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: CONSTRUCTION EMISSION ESTIMATES ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 PM2.5 CO2 Exhaust 2009 TOTALS (lbs/day unmitigated) 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1,635.27 2009 TOTALS (lbs/day mitigated) 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1,635.27 Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Winter Pounds Per Day, Unmitigated ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 Page: 2 10/9/2008 10:57:20 AM Time Slice 7/1/2009-7/24/2009 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1.635.27 Active Days: 18 Fine Grading 07/01/2009- 2.43 19.65 11.64 0.00 44.30 1.03 45.32 9.25 0.94 10.19 1,635.27 07/25/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 44.29 0.00 44.29 9.25 0.00 9.25 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Time Slice 7/27/2009-10/30/2009 2.43 19.65 11.64 0.00 5.00 1.03 6.03 1.05 0.94 1.99 1.635.27 Active Days: 70 Fine Grading 07/26/2009- 2.43 19.65 11.64 0.00 5.00 1.03 6.03 1.05 0.94 1.99 1,635.27 10/30/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 5.00 0.00 5.00 1.04 0.00 1.04 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Phase Assumptions Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 333 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description Page: 3 10/9/2008 10:57:20 AM Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 0 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Construction Mitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Winter Pounds Per Day, Mitigated ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 Time Slice 7/1/2009-7/24/2009 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1.635.27 Active Days: 18 Fine Grading 07/01/2009- 2.43 19.65 11.64 0.00 3.09 1.03 4.11 0.65 0.94 1.59 1,635.27 07/25/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 3.09 0.00 3.09 0.64 0.00 0.64 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Page: 4 10/9/2008 10:57:20 AM Time Slice 7/27/2009-10/30/2009 2.43 19.65 11.64 0.00 0.35 1.03 1.38 0.07 0.94 1.02 1,635.27 Active Days: 70 Fine Grading 07/26/2009- 2.43 19.65 11.64 0.00 0.35 1.03 1.38 0.07 0.94 1.02 1,635.27 10/30/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 0.35 0.00 0.35 0.07 0.00 0.07 0.00 Fine Grading Off Road Diesel 2.41 19.62 11.07 0.00 0.00 1.02 1.02 0.00 0.94 0.94 1,573.05 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.02 0.03 0.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62.22 Construction Related Mitigation Measures The following mitigation measures apply to Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% The following mitigation measures apply to Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% Page: 5 10/9/2008 10:57:20 AM For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% Page: 1 10/9/2008 10:57:30 AM Urbemis 2007 Version 9.2.4 Combined Annual Emissions Reports (Tons/Year) File Name: I:\pdata\00000100\10P\WPWIN\EddieT\Programs\Air\URBEMIS\URBEMIS2007\Buck Gully.urb924 Project Name: Buck Gully Canyon Project Location: South Coast AQMD On -Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off -Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: CONSTRUCTION EMISSION ESTIMATES ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 PM2.5 CO2 Exhaust 2009 TOTALS (tons/year unmitigated) 0.11 0.86 0.51 0.00 0.57 0.05 0.62 0.12 0.04 0.16 71.95 2009 TOTALS (tons/year mitigated) 0.11 0.86 0.51 0.00 0.04 0.05 0.09 0.01 0.04 0.05 71.95 Percent Reduction 0.00 0.00 0.00 0.00 93.01 0.00 86.23 93.00 0.00 69.07 0.00 Construction Unmitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Annual Tons Per Year, Unmitigated ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 Page: 2 10/9/2008 10:57:30 AM 2009 0.11 0.86 0.51 0.00 0.57 0.05 0.62 0.12 0.04 0.16 71.95 Fine Grading 07/01/2009- 0.02 0.18 0.10 0.00 0.40 0.01 0.41 0.08 0.01 0.09 14.72 07/25/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 0.40 0.00 0.40 0.08 0.00 0.08 0.00 Fine Grading Off Road Diesel 0.02 0.18 0.10 0.00 0.00 0.01 0.01 0.00 0.01 0.01 14.16 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.56 Fine Grading 07/26/2009- 0.08 0.69 0.41 0.00 0.18 0.04 0.21 0.04 0.03 0.07 57.23 10/30/2009 Fine Grading Dust 0.00 0.00 0.00 0.00 0.18 0.00 0.18 0.04 0.00 0.04 0.00 Fine Grading Off Road Diesel 0.08 0.69 0.39 0.00 0.00 0.04 0.04 0.00 0.03 0.03 55.06 Fine Grading On Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fine Grading Worker Trips 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.18 Phase Assumptions Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 333 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description Total Acres Disturbed: 1 Maximum Daily Acreage Disturbed: 0.5 Page: 3 10/9/2008 10:57:30 AM Fugitive Dust Level of Detail: Low Onsite Cut/Fill: 0 cubic yards/day; Offsite Cut/Fill: 0 cubic yards/day On Road Truck Travel (VMT): 0 Off -Road Equipment: 1 Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day 1 Tractors/Loaders/Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Construction Mitigated Detail Report: CONSTRUCTION EMISSION ESTIMATES Annual Tons Per Year, Mitigated 2009 Fine Grading 07/01/2009- 07/25/2009 Fine Grading Dust Fine Grading Off Road Diesel Fine Grading On Road Diesel Fine Grading Worker Trips Fine Grading 07/26/2009- 10/30/2009 Fine Grading Dust Fine Grading Off Road Diesel Fine Grading On Road Diesel Fine Grading Worker Trips ROG NOx CO SO2 PM10 Dust PM10 Exhaust PM10 PM2.5 Dust PM2.5 Exhaust PM2.5 CO2 0.11 0.86 0.51 0.00 0.04 0.05 0.09 0.01 0.04 0.05 71.95 0.02 0.18 0.10 0.00 0.03 0.01 0.04 0.01 0.01 0.01 14.72 0.00 0.00 0.00 0.00 0.03 0.00 0.03 0.01 0.00 0.01 0.00 0.02 0.18 0.10 0.00 0.00 0.01 0.01 0.00 0.01 0.01 14.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.56 0.08 0.69 0.41 0.00 0.01 0.04 0.05 0.00 0.03 0.04 57.23 0.00 0.00 0.00 0.00 0.01 0.00 0.01 0.00 0.00 0.00 0.00 0.08 0.69 0.39 0.00 0.00 0.04 0.04 0.00 0.03 0.03 55.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.18 Construction Related Mitigation Measures The following mitigation measures apply to Phase: Fine Grading 7/1/2009 - 7/25/2009 - Type Your Description Here Page: 4 10/9/2008 10:57:30 AM For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% The following mitigation measures apply to Phase: Fine Grading 7/26/2009 - 10/30/2009 - Default Fine Site Grading/Excavation Description For Soil Stablizing Measures, the Apply soil stabilizers to inactive areas mitigation reduces emissions by: PM10: 84% PM25: 84% For Soil Stablizing Measures, the Replace ground cover in disturbed areas quickly mitigation reduces emissions by: PM10: 5% PM25: 5% For Soil Stablizing Measures, the Water exposed surfaces 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% For Soil Stablizing Measures, the Equipment loading/unloading mitigation reduces emissions by: PM10: 69% PM25: 69% For Unpaved Roads Measures, the Reduce speed on unpaved roads to less than 15 mph mitigation reduces emissions by: PM10: 44% PM25: 44% For Unpaved Roads Measures, the Manage haul road dust 2x daily watering mitigation reduces emissions by: PM10: 55% PM25: 55% J a�Of C O N S U L T I N G February 14, 2008 COSTA MESA PASADENA TEMECULA T: (714) 444-9199 F: (714) 444-9599 1 151 Kalmus Drive, Suite E-200 www.BonTerraConsulting.com I Costa Mesa, CA 92626 Mr. Richard Beck VIA EMAIL AND MAIL RBF Consulting rbeck@rbf.com 14725 Alton Parkway Irvine, California 92618 Subject: Biological Constraints Assessment for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California Dear Mr. Beck: This Letter Report presents the findings of a biological constraints assessment for the Buck Gully project site located in Corona Del Mar within the City of Newport Beach, Orange County, California (Exhibit 1). BonTerra Consulting Senior Biologist Sandra Leatherman and Ecologist Jennifer Pareti conducted a general plant and wildlife survey on January 15, 2008. The purpose of the survey was to document existing biological resources and conduct vegetation mapping of Buck Gully. Prior to the survey, the California Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California (CNPS 2008) and the California Department of Fish and Game's (CDFG) California Natural Diversity Database (CNDDB) (CDFG 2008a) were reviewed to identify special status plants, wildlife, and habitats known to occur in the vicinity of the project site. Database searches included the U.S. Geological Survey (USGS) Laguna Beach, Newport Beach, and Tustin 7.5 -minute quadrangles. PROJECT LOCATION/EXISTING CONSERVATION PLANNING Buck Gully is a natural gully that begins in the hills and continues to the coast in the Corona del Mar area within the City of Newport Beach (Exhibit 2). It is located on the USGS Newport 7.5 -minute topographic quadrangle. The Buck Gully project site (hereafter referred to as "the project site") occurs between Pacific Coast Highway and Little Corona Beach (Exhibit 3). The project site also includes a portion of Little Corona Beach and the adjacent bluffs. Private residences line either side of the gully and some residential properties extend into the gully. Topography on the project site is sloped down towards the bottom of the drainage and is located from 100 feet above mean sea level to sea level. Soils on the project site are composed of beaches, Myford sandy loam, and Marina loamy sand. The surrounding land uses include residential, transportation (Pacific Coast Highway), and recreational (Little Corona Beach). Natural Communities Conservation Planning Program (NCCP) The County of Orange, in conjunction with the State and federal resource agencies, local jurisdictions, utility companies, the Transportation Corridor Agencies and major private landowners, have prepared the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) for the Central -Coastal subregion (approved on July 10, 1996). This plan is intended to ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT Mr. Rich Beck February 14, 2008 Page 2 ensure the long-term survival of the coastal California gnatcatcher (Polioptila californica califomica) and other special status coastal sage scrub -dependent plant and wildlife species in accordance with State -sanctioned NCCP program guidelines. Buck Gully occurs within the NCCP/HCP Coastal subregion. Upper Buck Gully (upstream from the project site) is designated as a Special Linkage area of the NCCP/HCP and provides connectivity for wildlife movement; however, the project site is not within the area designated as a Special Linkage or Reserve (County of Orange 1996). The project site is located within the City of Newport Beach. The City, through execution of the NCCP/HCP Implementation Agreement (IA) and the receipt of a 10(a) Permit, is a participating land use jurisdiction in the Central -Coastal Subregional NCCP/HCP program. As a participating land use jurisdiction, the City receives specific regulatory authorizations pursuant to the provisions of the IA and the 10(a) Permit including full regulatory coverage for 32 species and 3 habitat types, and conditional regulatory coverage for 7 species. A landowner within the city would therefore receive regulatory coverage in accordance with the provisions of the IA and 10(a) Permit. A description of the specific regulatory coverage is provided in the section of this report containing discussions of species. SURVEY RESULTS Veaetation Tvaes The vegetation types within the survey area include southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, sandy beach, open water, ornamental, and developed (Exhibit 4). Representative site photos are included in Exhibit 5. The southern coastal bluff scrub occurs on the bluff adjacent to Little Corona Beach in the southern portion of the project site. Southern coastal bluff scrub is dominated by seablite (Suaeda sp.), box thorn (Lycium sp.), coastal cholla (Opuntia prolifera), California buckwheat (Eriogonum fasciculatum), and bush sunflower (Encelia californica), with California sagebrush (Artemisia californica), lemonadeberry (Rhus integrifolia), slender -leaved iceplant (Mesembryanthemum nodiflorum), and red hot poker (Kniphofia uvaria) occurring at lower densities. Southern coastal bluff scrub transitions to coastal sage scrub along the bluffs upstream and seablite and box thorn become less dense. Chenopod scrub is composed of big saltbush (Atriolex lentiformis) with a small amount of bush sunflower. A perennial stream flows through Buck Gully. Coastal freshwater marsh is dominated by cattail (Typha sp.) and the stream's open water. Coyote brush (Baccharis pilularis) and castor bean (Ricinus communis) occur along the edges of the coastal freshwater marsh with scattered garden nasturtium (Tropaeolum majus), common celery (Apium graveolens) and African umbrella -sedge (Cyperus involucratus). Southern arroyo willow forest occurs along the upper portion of the stream and is dominated by arroyo willow (Salix lasiolepis), which forms a dense canopy. The understory consists of western poison oak (Toxicodendron diversilobum), California blackberry (Rubus ursinus), and yerba mansa (Anemopsis californica). Some ornamental species that have washed down from the residential properties along the slope of the gully are also present along the stream. These include garden nasturtium, sour grass (Oxalis pes-caprae), English ivy (Hedera helix), and greater periwinkle (Vinca major. White water cress (Rorippa nasturtium-aquaticum) and Spanish sunflower (Pulicaria paludosa) are also present in areas along the stream. Sandy beach is composed of sand with no vegetation, but rocks that are covered in algae occur along the beach. Open water occurs on Little Corona Beach and is fed by the freshwater marsh from a spillway at the terminus of Buck Gully. The open water may receive some tidal influx and therefore may be brackish. Ornamental vegetation occurs along the slopes of Buck Gully and is associated with residential development. Ornamental vegetation is composed of ash (Fraxinus sp.), myoporum (Myoporum Mr. Rich Beck February 14, 2008 Page 3 laetum), hottentot fig (Carpobrotus edulis), acacia (Acacia sp.), Norfolk Island pine (Araucaria heterophylla), gum (Eucalyptus sp.), bougainvillea (Bougainvillea spectabilis), garden nasturtium, Australian saltbush (Atriplex semibaccata), gazania (Gazania linearis), and Canary Island date palm (Phoenix canariensis). Developed areas are composed of concrete with no vegetation. Wildlife Habitat The project site is well vegetated, and would therefore have potential to support several native wildlife species. However, due to the close proximity of residential development, the project site is expected to primarily support urban -tolerant wildlife. The project site does provide connectivity between the coast and high quality habitat upstream of the project site in Buck Gully inland of Pacific Coast Highway. The only amphibian species observed on the project site was the California tree frog (Pseudacris [Hyla] cadaverina). Reptile species expected to occur on the project site include western fence lizard (Sceloporus occidentalis) and side -blotch lizard (Uta stansburiana). Bird species observed or expected to occur on the project site include great egret (Ardea alba), snowy egret (Egretta thula), Anna's hummingbird (Calypte anna), black phoebe (Sayornis nigricans), American crow (Corvus brachyrhynchos), northern mockingbird (Mimus polyglottos), Brewer's blackbird (Euphagus cyanocephalus), house finch (Carpodacus mexicanus), and American goldfinch (Carduelis tristis). Special Status Habitats Jurisdictional Areas Drainages, which may include "waters of the U.S.," are protected under Section 404 of the Clean Water Act and are under the jurisdiction of the U.S. Army Corps of Engineers (USACE). "Waters of the U.S." include navigable coastal and inland waters, lakes, rivers, streams and their tributaries; interstate waters and their tributaries; wetlands adjacent to such waters; intermittent streams; and other waters that could affect interstate commerce. In addition, if drainages on the project site meet the criteria established by Section 1600 of the Califomia Fish and Game Code, the CDFG may require a Streambed Alteration Agreement prior to any modification of the bed, bank, or channel of streambeds on the project site. Areas within the coastal zone are also regulated by the California Coastal Act. The policies of the Coastal Act are applied to planning and regulatory decisions made by the California Coastal Commission (CCC) and by local governments. The stream that courses through the project site, as well as the vegetation associated with the stream, are within the jurisdiction of the USACE, the CDFG, and the CCC. RBF Consulting has prepared a Jurisdictional Delineation identifying the extent of each agency's jurisdiction (2008). Special Status Plant and Wildlife Species Plants or wildlife may be considered to have "special status" due to declining populations, vulnerability to habitat change, or restricted distributions. Certain special status species have been listed as Threatened or Endangered under the California and/or Federal Endangered Species Acts (CESA and/or FESA). Special Status Plants Several special status plant species are known to occur or historically occurred in the project vicinity (CNPS 2008). Of these species, suitable habitat is present for seven CNPS List 1 B species. These Mr. Rich Beck February 14, 2008 Page 4 species are aphanisma (Aphanisma blitoides), Coulter's saltbush (Atriplex coulters), South Coast saltscale (Atriplex pacifica), Davidson's saltscale (Atriplex serenana var. davidsonii), southern tarplant (Centromadia parryi ssp. australis), Laguna Beach dudleya (Dudleya stolonifera), and estuary seablite (Suaeda esteroa). Special status plant surveys would be recommended to determine presence or absence of these species on the project site. Special Status Wildlife Several special status wildlife species are known to occur in the project vicinity; however, only Threatened or Endangered species typically present constraints to development. Of these species, coastal California gnatcatcher and least Bell's vireo (Vireo bellii pusillus) have potential to occur on the project site. Southwestern pond turtle (Actinemys marmorata pallida) is a CDFG Species of Special Concern that has potential to occur on the project site. Surveys for coastal California gnatcatcher, least Bell's vireo, and southwestern pond turtle would be recommended to determine presence or absence of these species on the project site. These species are discussed in more detail below. Coastal California Gnatcatcher The coastal California gnatcatcher is listed as federally Threatened and is a California Species of Special Concern. The coastal sage scrub habitat on the project site has potential to support this species. The presence of this species on the project site would not present a project constraint due to the City's participation in the NCCP/HCP Program. Therefore, Program participation requires that focused coastal California gnatcatcher surveys be conducted by a federally permitted Biologist to determine the presence or absence of this species prior to development of the project site. Coastal California gnatcatcher surveys can be conducted year-round; however, the USFWS prefers that surveys be conducted during the breeding season (March 15 to June 30). Because the project site is located within an NCCP area, survey protocols require three site visits one week apart. If the gnatcatcher is determined to be present, the City would pay a per -acre in -lieu mitigation fee to the Nature Reserve of Orange County (NROC) for removal and/or disturbance of coastal sage scrub. On December 19, 2007, the USFWS published a final critical habitat designation for the coastal California gnatcatcher, designating 197,303 acres of land in San Diego, Orange, Riverside, San Bernardino, Los Angeles, and Ventura counties as critical habitat for the coastal California gnatcatcher (USFWS 2007). The project site is not located within the designated critical habitat area for this species. Least Bell's Vireo The least Bell's vireo is listed as federally and State Endangered. The willow riparian area along the stream has potential to support this species. The presence of this species on or adjacent to the project site would present a project constraint. Therefore, a focused least Bell's vireo survey, conducted by a qualified Biologist, is recommended to determine the presence or absence of this species if any work is proposed within 500 feet of this willow riparian area. Because this species is a migrant, these surveys can only be conducted during the breeding season (April 10 to July 31 according to the USFWS protocol). This species is conditionally covered by the NCCP. On February 2, 1994, the USFWS published the final critical habitat designation for the least Bell's vireo, designating approximately 37,560 acres of land in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and San Diego counties, California (USFWS 1994). The project site is not located within the designated critical habitat area for this species. Mr. Rich Beck February 14, 2008 Page 5 Southwestern Pond Turtle Southwestern pond turtle is a California Species of Special Concern. Although this species is not formally listed by the resource agencies, it is considered a species of Local Concern and impacts on this species may be considered significant under the California Environmental Quality Act (CEQA, Section 15380). This species has potential to occur in native habitats on the project site, primarily along the stream; however, pond turtles have been documented as far as a mile away from open water. A focused trapping survey for pond turtles would be recommended to determine the presence or absence of this species on the project site. Other Considerations Trees The City of Newport Beach has a tree ordinance that regulates the removal of trees within the City. The proposed project would not remove any of the trees listed as "special trees" (i.e., those with aesthetic or historical significance designated by the ordinance as "Landmark," "Dedicated," or "Neighborhood" trees); however, the City has a policy to retain all trees that are not "Problem" trees. To remove trees, an application must be submitted to the City and a Tree Inspection Report must be prepared by the City's Urban Forester (City of Newport Beach 1966, as amended). Replacement trees may be required. The CDFG Streambed Alteration Agreement may also include measures to quantify impacts on trees within the jurisdictional areas, and may require replacement at specified ratios based on tree species and size. Wildlife Movement Buck Gully provides habitat for wildlife movement in the area and provides coastal connectivity for wildlife. Buck Gully would be expected to be utilized for local wildlife movement. Migratory Bird Treaty Act The project site provides habitat that is expected to be used by nesting birds. The Migratory Bird Treaty Act (META) prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. This includes the nests of all native bird species, including common species. In following construction minimization measures required by the NCCP, vegetation clearing activities would take place outside the gnatcatcher nesting season (February 15 through July 15), which would also avoid the peak bird nesting season. Nesting Raptors The project site provides suitable habitat for nesting raptors. Regulations prohibit activities that 'take, possess or destroy" any raptor nest or egg (CDFG Code 3503, 3503.5, and 3513). Therefore, if construction is initiated during the raptor nesting season (February 1 to June 30), a pre -construction raptor survey is recommended. RECOMMENDATIONS The following measures are recommended to avoid or minimize impacts on biological resources: • Permits from the USACE pursuant to Section 404 of the Clean Water Act (CWA); from the CDFG pursuant to Section 1600; and from the Regional Water Quality Control Board Mr. Rich Beck February 14, 2008 Page 6 pursuant to Section 401 of the CWA may be required if areas within these agencies' jurisdictions would be impacted. The proposed project may also require approval from the CCC. • Surveys for special status plants are recommended during the appropriate blooming period for each special status species with potential to occur on the project site. • Southern coastal bluff scrub occurs on the project site and could support coastal California gnatcatcher. Focused surveys to confirm presence/absence of the coastal California gnatcatcher are recommended. If observed, the NROC should be contacted (Lyn McAfee, Executive Director, 949-453-3324) to determine the mitigation fee required. • Southern arroyo willow forest dominated by willows occurs on the project site and could support the least Bell's vireo. Focused surveys to confirm presence/absence of the least Bell's vireo are recommended. If observed, a mitigation plan should be prepared to demonstrate avoidance and minimization efforts to reduce impacts on this species. • If the stream coursing through Buck Gully would be directly or indirectly impacted by the proposed project, focused trapping surveys for southwestern pond turtle are recommended in order to determine the presence or absence of this species within the proposed impact area. • Removal of trees would require an evaluation by the City's Urban Forester. • If construction activities are proposed during the raptor nesting season (February 1 to June 30), a pre -construction survey for active raptor nests would be required. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. Typically, a 300- to 500 -foot buffer zone is designated around an active nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, as determined by a qualified Biologist, construction can proceed within the buffer zone. The Construction Minimization Measures required by participation in the NCCP will be followed. These measures require that vegetation clearing activities occur outside the gnatcatcher nesting season (February 15 to July 15) and that vegetation clearing is monitored by a qualified Biologist. Thank you for the opportunity to prepare this letter report. If you have any questions or comments, please contact Amber Oneal at (714) 444-9199. Sincerely, BONTERRA CONSULTING Ann M. Johnston Principal, Biological S ices Enclosures: Exhibits 1, 2, 3, 4, and 5 Amber S. Oneal Senior Project Manager/Ecologist Mr. Rich Beck February 14, 2008 Page 7 R:\Projects\RBP.143TConsVaints-02 7 408.doc REFERENCES Abrams, L. 1923-1951. Illustrated Flora of the Pacific States (Vols. I, II, and III). Stanford, CA: Stanford University Press. Abrams, L. and R. Ferris. 1960. Illustrated Flora of the Pacific States. Vol. IV: Bignonias to Sunflowers (Bignoniaceae to Compositae). Stanford, CA: Stanford University Press. American Ornithologists' Union (AOU). 2006. Check-IistofNorthAmericanBirds (7th ed., as revised through 471h Supplement). Washington, D.C.: AOU. http://www.aou.org/checklistfindex.php3. Baker, R.J., L.C. Bradley, R.D. Bradley, J.W. Dragoo, M.D. Engstrom, R.S. Hoffmann, C.A. Jones, F. Reid, D.W. Rice, C. Jones. 2003 (December). Revised Checklist of North American Mammals North of Mexico, 2003. Occasional Papers (No. 229). Waco, TX: Museum of Texas Tech University. California Department of Fish and Game (CDFG). 2008a (January). California Natural Diversity (RareFind) Database. Records of Occurrence for the USGS Laguna Beach, Newport Beach, and Tustin 7.5 -minute quadrangles. Sacramento, CA: California Department of Fish and Game, Natural Heritage Division. 2008b (January). List of California Terrestrial Natural Communities Recognized by the Natural Diversity Data Base. Sacramento, CA: CDFG, Natural Heritage Division. 2008c. Special Animals. Sacramento, CA: CDFG, Natural Heritage Division. 2008d. Special Vascular Plants, Bryophytes, and Lichens List. Sacramento, CA: CDFG, Natural Heritage Division. California Native Plant Society (CNPS). January2008. Electronic Inventoryof Rare and Endangered Vascular Plants of California. Records of Occurrence for the USGS Laguna Beach, Newport Beach, and Tustin 7.5 -minute quadrangles. Sacramento: CNPS. http://www.cnps.org/inventory. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1). Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station. Fisher, R.N. and T.J. Case. 1997. A Field Guide to the Reptiles and Amphibians of Coastal Southern California. San Mateo, CA: Lazer Touch. Garrett, K. and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Los Angeles, CA: Los Angeles Audubon Society. Hamilton, R.A. and D.R. Willick. 1996. The Birds of Orange County, California: Status and Distribution. Irvine, CA: Sea and Sage Audubon Society. Hickman, J.C. Ed. 1993. The Jepson Manual Higher Plants of California. Berkeley, CA: University of California Press. Jennings, M.R. and M.P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California (Contract No. 8023). Sacramento, CA: CDFG, Inland Fisheries Division. Mr. Rich Beck February 14, 2008 Page 8 Munz, P.A. 1974. A Flora of Southern Califomia. Berkeley: University of California Press. Newport Beach, City of. 1966 (as amended through 2004). Newport Beach Tree Ordinance. Newport Beach, CA: the City. http://www.city.newport-beach.ca.us/Councilpolicies/ G-1.PDF. Orange, County of. 1996 (July). Natural Community Conservation Plan and Habitat Conservation Plan, County of Orange, Central and Coastal Subregion. Santa Ana, CA: the County. RBF Consulting. February 2008. Buck Gully Canyon Restoration Project, City of Newport Beach, CA, Delineation of State and Federal Jurisdictional Waters (Prepared for the City of Newport Beach). Irvine, CA: RBF Consulting. U.S. Fish and Wildlife Service (USFWS). 2007 (December 19). Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica califomica); Final Rule. Federal Register72(243): 72009- 72213. 2000 (October 24). Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for the Coastal California Gnatcatcher — Final Rule. Federal Register 65(206): 63679-63743. Washington, D.C.: USFWS. http://policy.fws.gov/library/00fr63679.pdf. .1994 (February 2). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Least Bell's Vireo. Federal Register59(22): 4845-4867. Washington, D.C.: USFWS. 1986 (May 2). Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Least Bell's Vireo. Federal Register 51(85):16474-16482. Washington, D.C.: USFWS. U.S. Geological Survey, Biological Resources Discipline. 2007 (December 28, last modified). Biology Science Programs. Denver, CO: USGS, Center for Biological Informatics. hftp://biology.usgs.gov. Zeiner, D.C., W.F. LaudenslayerJr., K.E. Mayer, M. White (Eds.).1988. California's Wildlife, Vol. 1: Amphibians and Reptiles. Sacramento, CA: CDFG, The Resources Agency. 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T..7 t� 1 I. �:r �} - �� � 1'�` ` �.��, x -.may:.. �: -• . � � ` ` 1 _ _ .- •' G OF- - .� z- .?.. - - f- '4 P ;fir., y, �`i, /"�"� �'="' ' •• ' r•!". _^ �.-:t7,., :��G�i''—�- -_ _ ael•. ... .. .+ .,"i ...- Eft .w . an�Gr C O N S U L T I N G December 8, 2009 PASADENA COS IA MLSA T: (714) 444-9199 F: (714) 444-9599 1 151 Kalmus Drive, Suite E-200 www.BonTerraConsulting.com I Costa Mesa, CA 92626 Mr. Richard Beck VIA EMAIL AND MAIL RBF Consulting rbeck@rbf.com 14725 Alton Parkway Irvine, California 92618 Subject: Results of Special Status Plant Survey for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California Dear Mr. Beck: This Letter Report presents the results of special status plant surveys at the Buck Gully project site (hereafter referred to as the "survey area"). The purpose of the survey is to determine the presence or absence of special status plants in the survey area (listed in Table 1). Introduction The survey area is located in Corona Del Mar within the City of Newport Beach in Orange County, California (Exhibit 1). It is located on the U.S. Geological Survey (USGS) 7.5 -minute Laguna Beach, Newport Beach, and Tustin topographic quadrangles; elevation in the survey area ranges between 100 feet above mean sea level and sea level (Exhibit 2). Buck Gully is a natural gully that occurs between Pacific Coast Highway and Little Corona Beach (Exhibit 3). The survey area also includes a portion of Little Corona Beach and the adjacent bluffs. Private residences line either side of the gully, and some residential properties extend into the gully. The surrounding land uses include residential, transportation (Pacific Coast Highway), and recreation (Little Corona Beach). Survey Methodology Prior to the field survey, a literature review was conducted to identify special status plants or vegetation types known from the survey area and vicinity. This included a review of the USGS 7.5 -minute Laguna Beach, Newport Beach, and Tustin quadrangles in the California Natural Diversity Database (CNDDB) (CDFG 2009) and California Native Plant Society's (CNPS') Electronic Inventory of Rare and Endangered Vascular Plants of California (2009). Previous documentation reviewed also includes the Biological Constraints Assessment for the Buck Gully Project Site in Corona Del Mar (BonTerra Consulting 2008). Prior to the 2009 survey, BonTerra Consulting Senior Botanist Sandra Leatherman visited known populations of aphanisma (Aphanisma blitoides ), southern tarplant (Centromadia parryi ssp. australis), salt -marsh bird's beak (Cordylanthus maritimus ssp. maritimus), San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), many -stemmed dudleya (Dudleya multicaulis), and estuary seablite (Suaeda esteroa). Ms. Leatherman observed these species blooming at known reference populations within a week of the project survey dates. ENVIRONMENTAL PLANNING I RESOURCE MANAGEMENT Mr. Richard Beck December 8, 2009 Page 2 Ms. Leatherman and BonTerra Consulting Ecologist Jennifer Pareti conducted a survey for early blooming special status plant species on April 14, 2009. A survey for late -blooming special status plant species, focusing on the southern tarplant, was conducted by Ms. Leatherman and Ms. Pareti on July 16, 2009. The surveys were performed using meandering transects through suitable habitat. All plant species observed were recorded in field notes. Hand-held global positioning system (GPS) units were used to record locations of special status plants observed in the survey area. Plant species were identified in the field or collected for subsequent identification. Plants were identified using keys in Hickman (1993), Munz (1974), Abrams (1923, 1944, 1951), and Abrams and Ferris (1960). Taxonomy follows Hickman (1993) and current scientific data (e.g., scientific journals) for scientific and common names. Vegetation types within the survey area include southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, sandy beach, open water, ornamental, and developed (Exhibit 4). Survey Results Table 1 lists the special status plants with potential to occur in the vicinity of the survey area. The results column indicates whether the species was observed during the surveys. Three special status plant species were observed in the southern coastal bluff scrub in the survey area: Santa Catalina Island desert -thorn (Lycium brevipes var. hassei), California box -thorn (Lycium califomicum), and woolly seablite (Suaeda taxifolia). More information on these species is included below. A list of all plants observed during the survey can be found in Appendix A. TABLE 1 SPECIAL STATUS PLANT SPECIES KNOWN TO OCCUR IN THE PROJECT VICINITY Status Species USFWS CDFG CNPS Suitable Habitat/Results of Surveys Abronia villosa var. aurita 1 B.1 No suitable habitat; not observed during chaparral sand -verbena focused surveys. Aphanisma blitoides 1 B.2 Limited suitable habitat; not observed aphanisma during focused surveys. Astragalus pycnostachyus var. No suitable habitat; not observed during lanosissimus FE SE 1 B.1 focused surveys. Ventura marsh milk -vetch Atriplex coulteri 1 B.2 Suitable habitat; not observed during Coulter's saltbush focused surveys. Atriplex pacifica 113.2 Suitable habitat; not observed during South Coast saltscalefocused surveys. Atriplex parishii 1 B 1 Suitable habitat; not observed during Parish's brittlescale focused surveys. Atriplex serenana var. davidsonii 113.2 Suitable habitat; not observed during Davidson's saltscalefocused surveys. Calandrinia maritima _ _ 4'2 No suitable habitat; not observed during seaside calandrinia focused surveys. Calochortus catalinae _ _ 4.2 No suitable habitat; not observed during Catalina mariposa lily focused surveys. Calochortus weedii var. intermedius 1 B.2 No suitable habitat; not observed during intermediate mariposa lily focused surveys. Calystegia sepium ssp. binghamiae _ _ 1A No suitable habitat; not observed during Santa Barbara morning-glory focused surveys. Mr. Richard Beck December 8, 2009 Page 3 TABLE 1 (Continued) SPECIAL STATUS PLANT SPECIES KNOWN TO OCCUR IN THE PROJECT VICINITY Status Species USFWS CDFG CNPS Suitable Habitat/Results of Surveys Centromadia [Hemizonia] parryi ssp. Suitable habitat; not observed during australis — — 1 B.1 focused surveys. southern tarplant Chaenactis glabriuscula var. orcuttiana 113.1 No suitable habitat; not observed during Orcutt's pincushionfocused surveys. Chorizanthe parryi var. fernandina FC SE 1 B.1 No suitable habitat; not observed during San Fernando Valley spineflower focused surveys. Comarostaphylis diversifolia ssp. No suitable habitat; not observed during diversifolia — — 113.2 focused surveys. summer holly Cordylanthus maritimus ssp. maritimus FE SE 1 B.2 No suitable habitat; not observed during salt marsh bird's -beak focused surveys Dichondra occidentalis _ _ 4'2 No suitable habitat; not observed during western dichondra focused surveys Dudleya blochmaniae ssp. blochmaniae 1 B.1 No suitable habitat; not observed during Blochman's dudleya focused surveys Dudleya cymosa ssp. ovatifoliaNo FT — 1 B.2 suitable habitat; not observed during Santa Monica dudleya focused surveys. Dudleya multicaulis 1 B.2 No suitable habitat; not observed during many -stemmed dudleya focused surveys. Dudleya stolonifera FT ST 1 B. Limited suitable habitat; not observed Laguna Beach dudleya during focused surveys. Euphorbia misera _ _ 2'2 Limited suitable habitat; not observed cliff spurge during focused surveys. Harpagonella palmeri _ _ 4'2 No suitable habitat; not observed during Palmer's grapplinghook focused surveys. Helianthus nuttallii ssp. parishii _ _ 1A Limited suitable habitat; not observed Los Angeles sunflower during focused surveys. Hordeum intercedens _ _ 3.2 No suitable habitat; not observed during vernal barley focused surveys. Horkelia cuneata ssp. puberula 113.1 No suitable habitat; not observed during mesa horkeliafocused surveys. Isocoma menziesii var. decumbens 113.2 No suitable habitat; not observed during decumbent goldenbushfocused surveys. Juncus acutus ssp. leopoldii _ _ 4'2 Suitable habitat; not observed during southwestern spiny rush focused surveys. Lasthenia glabrata ssp. coulteri 113.1 No suitable habitat; not observed during Coulter's goldfieldsfocused surveys. Lepidium virginicum var. robinsonii 113.2 No suitable habitat; not observed during Robinson's pepper-grassfocused surveys. Lycium brevipes var. hassei — — 1 B.1 Observed during focused surveys. Santa Catalina Island desert -thorn Lycium califomi.cum California box -thorn — — 4.2 Observed during focused surveys. Nama stenocarpum _ _ 2'2 No suitable habitat; not observed during mud nama focused surveys. Nasturtium gambel/i FE ST 1 B. Limited suitable habitat; not observed Gambel's water cress during focused surveys. Mr. Richard Beck December 8, 2009 Page 4 TABLE 1 (Continued) SPECIAL STATUS PLANT SPECIES KNOWN TO OCCUR IN THE PROJECT VICINITY Santa Catalina Island Desert -thorn (Lycium brevipes var. hassei) Santa Catalina Island desert -thorn is a CNPS List 1B.1 species. It typically blooms in June (CNPS 2009). This perennial shrub occurs on coastal bluffs and slopes on Santa Catalina and San Clemente Islands, and in Rancho Palos Verdes (Hickman 1993; Jepson Flora Project 2009). A specimen collected in the survey area was identified as the Santa Catalina Island desert -thorn. The clump of desert -thorn was observed in the southern coastal bluff scrub on the southeast edge of the survey area (Exhibit 5). This desert -thorn is in an area that has been revegetated; it is unknown whether this clump is naturally occurring or if it was planted for a Status Species USFWS CDFG CNPS Suitable Habitat/Results of Surveys Navarretia prostrate 1 B.1 No suitable habitat; not observed during prostrate vernal pool navarretia focused surveys. Nemacaulis denudata var. denudate 1 B.2 No suitable habitat; not observed during coast woolly -heads focused surveys. Pentachaeta aurea ssp. allenii 1 B.1 No suitable habitat; not observed during Allen's pentachaeta focused surveys. Perideridia gairdneri ssp. gairdneri _ _ 4'2 No suitable habitat; not observed during Gairdner's yampah focused surveys. Quercus dumosa 1 B 1 No suitable habitat; not observed during Nuttall's scrub oak focused surveys. Sagittaria sanfordii 1 B.2 Limited suitable habitat; not observed Sanford's arrowhead during focused surveys. Senecio aphanactis _ _ 2'2 No suitable habitat; not observed during chaparral ragwort focused surveys. Sidalcea neomexicana _ _ 2'2 No suitable habitat; not observed during salt spring checkerbloom focused surveys. Suaeda esteroa 1 B.2 Suitable habitat; not observed during estuary seablite focused surveys. Suaeda taxifolia — — 4.2 Observed during focused surveys. woolly seablite Symphyotrichum defoliatum 1 B.2 No suitable habitat; not observed during San Bernardino aster focused surveys. Verbesina dissita FT ST 1 B. No suitable habitat; not observed during big -leaved crownbeard focused surveys. LEGEND: Federal (USFWS) State (CDFG) FE Endangered SE Endangered FT Threatened ST Threatened FC Federal Candidate California Native Plant Society (CNPS) List Categories List 1A Plants Presumed Extinct in California List 1B Plants Rare, Threatened, or Endangered in California and Elsewhere List 2 Plants Rare, Threatened, or Endangered in California But More Common Elsewhere List 3 Plants About Which We Need More Information — A Review List List 4 Plants of Limited Distribution — A Watch List California Native Plant Society (CNPS) Threat Code Extensions None Plants lacking any threat information .1 Seriously Endangered in California (over 80% of occurrences threatened; high degree and immediacy of threat) .2 Fairly Endangered in California (20-80% of occurrences threatened) Santa Catalina Island Desert -thorn (Lycium brevipes var. hassei) Santa Catalina Island desert -thorn is a CNPS List 1B.1 species. It typically blooms in June (CNPS 2009). This perennial shrub occurs on coastal bluffs and slopes on Santa Catalina and San Clemente Islands, and in Rancho Palos Verdes (Hickman 1993; Jepson Flora Project 2009). A specimen collected in the survey area was identified as the Santa Catalina Island desert -thorn. The clump of desert -thorn was observed in the southern coastal bluff scrub on the southeast edge of the survey area (Exhibit 5). This desert -thorn is in an area that has been revegetated; it is unknown whether this clump is naturally occurring or if it was planted for a Mr. Richard Beck December 8, 2009 Page 5 revegetation project. A specimen was deposited in Rancho Santa Ana Botanical Gardens Herbarium by Ms. Leatherman collection #2009-21. California Box -thorn (Lycium califomicum) California box -thorn is a CNPS List 4.2 species. It typically blooms between March and August, though uncommonly it blooms as early as December (CNPS 2009). This perennial shrub occurs on coastal bluffs in coastal sage scrub (Hickman 1993). It is found in Santa Barbara, Los Angeles, Orange, San Bernardino, and San Diego Counties; on the Channel Islands south to Baja California; and in Mexico (CNPS 2009). A few California box -thorn individuals were observed in the southern portion of the survey area on the cliffs in the coastal bluff scrub during the 2009 surveys. Woolly Seablite (Suaeda taxifolia) Woolly seablite is a CNPS List 4.2 species. It typically blooms between January and December (CNPS 2009). This evergreen shrub occurs on coastal bluffs and margins of salt marshes (Jepson Flora Project 2009). It is found along the southern coast from San Luis Obispo County south to Baja California, Mexico and on the Channel Islands (CNPS 2009; Jepson Flora Project 2009). A few woolly seablite individuals were observed in the southern portion of the survey area on the cliffs and slope in the coastal bluff scrub during the 2009 surveys. Conclusion The three plant species observed during the surveys, the Santa Catalina Island desert -thorn, California box -thorn and woolly seablite, all occur in the coastal bluff scrub in the survey area. The coastal bluff scrub will not be impacted by the currently proposed project; therefore, there will not be any impacts on these three species, and no mitigation would be required. If the project boundaries are modified and these species would be impacted, mitigation would be required for the Santa Catalina Island desert -thorn, and it would be necessary to determine if the plants are naturally occurring or planted for revegetation purposes. BonTerra Consulting appreciates the opportunity to assist with this survey. Please contact Amber Oneal at (714) 444-9199 with any questions or comments regarding the survey results. Sincerely, BONTERRA CONSULTING 4WX'_1_ 601L� Amber S. Oneal Senior Project Manager/Associate 'IJ & (2c, 4cn Sandra J. Leatherman Senior Project Manager/Senior Botanist Attachments: Exhibits 1, 2, 3, 4, and 5 Appendix A — Plant Compendium R:%Protects\RBFU4371PIants-120809 doc Mr. Richard Beck December 8, 2009 Page 6 REFERENCES Abrams, L. 1951. Illustrated Flora of the Pacific States. Vol. III: Geraniums to Figworts (Geraniaceae to Scrophulariaceae). Stanford, CA: Stanford University Press. 1944. Illustrated Flora of the Pacific States. Vol. II: Buckwheats to Kramerias (Polygonaceae to Krameriaceae). Stanford, CA: Stanford University Press. 1923. Illustrated Flora of the Pacific States. Vol. I: Ferns to Birthworts (Ophioglossaceae to Aristolochiaceae). Stanford, CA: Stanford University Press. Abrams, L. and R. Ferris. 1960. Illustrated Flora of the Pacific States. Vol. IV: Bignonias to Sunflowers (Bignoniaceae to Compositae). Stanford, CA: Stanford University Press. BonTerra Consulting. 2008 (February 14). Biological Constraints Assessment for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California (prepared for RBF Consulting). Costa Mesa, CA: BonTerra Consulting. California Department of Fish and Game (CDFG). March 2009. California Natural Diversity (RareFind) Database. Records of Occurrence for the USGS 7.5 -minute Laguna Beach, Newport Beach, and Tustin quadrangles. Sacramento, CA: CDFG, Natural Heritage Division. California Native Plant Society (CNPS). March 2009 Electronic Inventory of Rare and Endangered Vascular Plants of California. Records of Occurrence for the USGS 7.5 -minute Laguna Beach, Newport Beach, and Tustin quadrangles. Sacramento, CA: CNPS. http://www.cnps.org/inventory. Hickman, J.C., Ed. 1993. The Jepson Manual of Higher Plants of California. Berkeley, CA: University of California Press. Jepson Flora Project. March 2009 Jepson Online Interchange for California Floristics (Consortium of California Herbaria).. Oakland, CA: Regents of the University of California. http://ucjepstest.berkeley /interchange.html. Munz, P.A. 1974. A Flora of Southern California. Berkeley, CA: University of California Press. Lancaster Palmdale _ 3 14 Angeles National t x f Forest Pasadena Los West Covina so Whittier 2 Oran_ e :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 O Long Beach tmi iser 22 � s= Cleveland � QM � L W National O J � :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 Long Beach tmi iser 22 S Beach Santa Ana s Cleveland National 39 55 Forest Hu ingt n Costa M a 4 Canyon Be h Irvine ancho Santa Project Location Margarita Lake 's 73 fission Viejo 74 Elsinore ! •rid �' 4ip ';P} L una Beach e - PACIFIC g San Juan o OCEAN Capistrano San e 1 Diego s Regional Location Buck Gully N W 10 5 0 10 S Miles Exhibit 1 C O N S U L r l N G /Graph ics/EX1 _RL_011808. pdf Quadrangle I Newport Beach Quadrangle - Laguna Beach Q r -'Ej. I %\ Y" 7-- W X A S J, 74 Q., % A. 'TU I V-, N 0". I. IU i I ILA Or I I L I I 1 6 Z: 4- J 62 r ";,o 1; 74� Ti� Corona del X 1:7 1wh it L Arch Rock ikl. . 7 IL "P I 16. .4 S� Pelican m Local Vicinity Buck Gully N W� E 2,000 1,000 0 2,000 s mmmmmmmmm�R Feet —STu—rce-. US7GSCa—guna Be—c6 Beach 7.5 Minute Digital Exhibit 2 C 0 N 5 U L T I N G `/Graphics/Ex2 LV_012408.pdf y ti. -N A 5 N 4 Ar 'A Yly 4- M. N01 •S, IF' fey Approximate Survey Area Project Site Buck Gully N `� ' 400 200 s I_- Exhibit 3 0 400 Feet co N5 UL TING R:/Pmjects/RBF/J437/Graphics/Ex3_PmjSite 012408.pdf bp Vegetation Types and Other Areas Exhibit 4 Buck Gully N 150 75 0 150 Co_�� C0 N S U L i 1 N G S Feet R:/Projects/RBF/J437/Graphics/ex4_veg_012408. pdf Ww.f' k, Special Status Plant Location Buck Gully N 400 200 0 400 Feet (REV: JFG Exhibit 5 J% !Slead—�Tl--Of C 0 N 5 U L T I N G APPENDIX A PLANT COMPENDIUM Buck Gullv Proiect Site PLANT SPECIES OBSERVED ON THE BUCK GULLY PROJECT SITE Species FLOWERING PLANTS CLASS DICOTYLEDONES (DICOTS) A/ZOACEAE- FIG -MARIGOLD FAMILY Carpobrotus edulis* hottentot fig Mesembryanthemum crystallinum* crystalline iceplant ANACARDIACEAE- SUMAC FAMILY Rhus integrifolia lemonadeberry Toxicodendron diversilobum western poison oak APIACEAE (UMBELLIFERAE) - CARROT FAMILY Apium graveolens* common celery Foeniculum vulgare* sweet fennel ARALIACEAE - GINSENG FAMILY Hedera helix* English ivy ASTERACEAE (COMPOSITAE) - SUNFLOWER FAMILY Amblyopappus pusillus coast weed Artemisia californica California sagebrush Baccharis pilularis coyote brush Centaurea melitensis* tocalote Chrysanthemum coronarium* garland daisy Cotula australis* Australian brass buttons Cynara cardunculus* cardoon/globe artichoke Encelia californica bush sunflower Gazania linearis* gazania Grindelia camporum var. bracteosum white -stem gum -plant Isocoma menziesii goldenbush Lasthenia californica California goldfields Pulicaria paludosa* Spanish sunflower Sonchus o/eraceus* common sow -thistle Xanthium strumarium cocklebur R:\Projects\RBF\J437\Plants-120S09.doc A-1 Plant Compendium Buck Gullv Proiect Site PLANT SPECIES OBSERVED ON THE BUCK GULLY PROJECT SITE (Continued) Species BIGNONIACEAE- BIGNONIA FAMILY cape honeysuckle desert willow BORAGINACEAE- BORAGE FAMILY Heliotropium curassavicum salt heliotrope/alkali heliotrope BRASSICACEAE (CRUCIFERAE) - MUSTARD FAMILY Cakile maritima* sea -rocket Hirschfeldia incana* shortpod mustard Lobularia maritima* sweet alyssum Rorippa nasturtium-aquaticum* white water cress CACTACEAE - CACTUS FAMILY Opuntia littoralis coastal prickly pear Opuntia prolifera proliferous prickly pear/coastal cholla CHENOPOD/ACEAE- GOOSEFOOT FAMILY Atriplex califomi.ca California saltbush Atriplex lentiformis big saltbush Atriplex semibaccata* Australian saltbush Chenopodium album* Iamb's quarters Suaeda taxifolia woolly seablite CONVOLVULACEAE- MORNING-GLORY FAMILY Cressa truxillensis alkali weed Ipomoea purpurea* common morning-glory EUPHORBIACEAE- SPURGE FAMILY Ricinus communis* castor bean FABACEAE (LEGUMINOSAE) - LEGUME FAMILY Acacia sp.* acacia Acacia redolens prostrate acacia Melilotus alba* white sweet -clover FRANKENIACEAE-ALKALI HEATH FAMILY Frankenia salina alkali heath RAP rojects\RBF\J437\Plants-120809.doc A-2 Plant Compendium Buck Gullv Proiect Site PLANT SPECIES OBSERVED ON THE BUCK GULLY PROJECT SITE (Continued) Species MORACEAE- FIG FAMILY Ficus carica edible fig/common fig MYOPORACEAE- MYOPORUM FAMILY Myoporum laetum* myoporum MYRTACEAE- MYRTLE FAMILY Eucalyptus sp. gum NYCTAGINACEAE- FOUR-O'CLOCK FAMILY Mirabilis californica wishbone bush/California wishbone bush ONAGRACEAE- EVENING PRIMROSE FAMILY Epilobium ciliatum ssp. cilatum green willow -herb Oenothera elata ssp. hirsutissima great marsh evening primrose OXAL/DACEAE- WOOD -SORREL FAMILY Oxalis pes-caprae* Bermuda buttercup/sour grass PLANTAGINACEAE- PLANTAIN FAMILY Plantago major* common plantain PLUMBAGINACEAE- LEADWORT FAMILY Limonium perezii* Perez's sea -lavender Plumbago auricalata* cape plumbago POLYGONACEAE - BUCKWHEAT FAMILY Eriogonum fasciculatum var. fasciculatum California buckwheat Rumex crispus* curly dock PRIMULACEAE- PRIMROSE FAMILY Anagallis arvensis* scarlet pimpernel ROSACEAE- ROSE FAMILY Heteromeles arbutifolia toyon/christmas berry Rosa californica California wild rose Rubus ursinus California blackberry SALICACEAE- WILLOW FAMILY Salix lasiolepis arroyo willow SAURURACEAE- LIZARD'S TAIL FAMILY Anemopsis californica yerba mansa R:\Projects\RBF\J437\Plants-120S09.doc A-3 Plant Compendium Buck Gullv Proiect Site PLANT SPECIES OBSERVED ON THE BUCK GULLY PROJECT SITE (Continued) Species SOLANACEAE - NIGHTSHADE FAMILY Lycium brevipes var. hassei Santa Catalina Island desert -thorn Lycium californicum California box thorn TROPAEOLACEAE- NASTURTIUM FAMILY Tropaeolum majus* garden nasturtium URTICACEAE- NETTLE FAMILY Urtica dioica ssp. holosericea hoary nettle CLASS MONOCOTYLEDONES (MONOCOTS) CYPERACEAE- SEDGE FAMILY Cyperus involucratus* African umbrella -sedge Scirpus californicus California bulrush JUNCACEAE- RUSH FAMILY Juncus sp. rush LILIACEAE- LILY FAMILY Agave americana* century plant Asparagus officinalis* garden asparagus POACEAE [GRAMINEAE]- GRASS FAMILY Arundo donax* giant reed Bromus diandrus* ripgut grass Cortaderia selloana* Sellow's pampas grass Distichlis spicata salt grass Gastridium ventricosum* nitgrass Piptatherum miliaceum* smilo grass/millett ricegrass Polypogon monspeliensis* annual beard grass TYPHACEAE- CATTAIL FAMILY Typha angustifolia narrow -leaved cattail Typha latifolia broad-leaved cattail * introduced species R:\Projects\RBF\J437\Plants-120S09.doc A-4 Plant Compendium J!�P, PASADENA COSTA MESA C O N S U L T I N G T: (714) 444-9199 F: (714) 444-9599 151 Kalmus Drive, Suite E-200 www.BonTerraConsulting.com Costa Mesa, CA 92626 November 12, 2009 Mr. Richard Beck VIA EMAIL AND MAIL RBF Consulting rbeck@rbf.com 14725 Alton Parkway Irvine, California 92618 Subject: Results of Southwestern Pond Turtle Survey for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California Dear Mr. Beck: This Letter Report presents the results of focused surveys to determine the presence or absence of the southwestern pond turtle (Actinemys marmorata pallida) on the Buck Gully project site (hereafter referred to as the "project site"). A Biologist with the necessary experience and California Department of Fish and Game (CDFG) scientific collecting permit conducted the surveys. Project Site The project site is located in the Corona del Mar area within the City of Newport Beach (Exhibit 1). It is located on the U.S. Geological Survey's (USGS's) Newport 7.5 -minute topographic quadrangle and ranges from sea level to 100 feet above mean sea level (msl) (Exhibit 2). Buck Gully is a natural gully that occurs between Pacific Coast Highway and Little Corona Beach (Exhibit 3). The project site also includes a portion of Little Corona Beach and the adjacent bluffs. Private residences line either side of the gully and some residential properties extend into the gully. Vegetation types on the project site include southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, sandy beach, open water, ornamental, and developed (Exhibit 4). A perennial stream flows through Buck Gully. Coastal freshwater marsh is dominated by cattail (Typha sp.) and the stream's open water; the density and height of the cattails increased over the duration of the surveys. Coyote brush (Baccharis pilularis) and castor bean (Ricinus communis) occur along the edges of the coastal freshwater marsh with scattered garden nasturtium (Tropaeolum majus), common celery (Apium graveolens), and African umbrella -sedge (Cyperus involucratus). Southern arroyo willow forest occurs along the upper portion of the stream and is dominated by arroyo willow (Salix lasiolepis), which forms a dense canopy. The understory consists of western poison oak (Toxicodendron diversilobum), California blackberry (Rubus ursinus), California rose (Rosa californica), and yerba mansa (Anemopsis californica). Some ornamental species that have washed down from the residential properties along the slope of the gully are also present along the stream. These include garden nasturtium, sour grass (Oxalis pes-caprae), ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT Mr. Richard Beck November 12, 2009 Page 2 English ivy (Hedera helix), and greater periwinkle (Vinca major). White water cress (Rorippa nasturtium-aquaticum) and Spanish sunflower (Pulicaria paludosa) are also present in areas along the stream. Representative photos of riparian habitat are included in Appendix A. Background The southwestern pond turtle is considered a Species of Special Concern by the CDFG (2009). Habitat destruction for urban (primarily flood control) and agricultural development has resulted in population declines throughout its range (Spinks et al. 2003). The southwestern pond turtle is a relatively flat, dark turtle of moderate size, with a carapace (shell) length that rarely exceeds ten inches (Spinks et al. 2003). The carapace is usually brown or blackish in color with a series of darker spots, lines, or dashes that radiate out from the center of each shield (Stebbins 2003). The southwestern pond turtle is found in ponds, small lakes with abundant vegetation, marshes, reservoirs, seasonal standing or slow-moving streams, canals and sloughs, and occasionally in brackish water (Germano 2001). Sufficient cover (e.g., vegetation, undercut banks) and basking sites are important components of suitable habitat (Spinks et al. 2003). Adults are often observed basking on logs or other objects protruding out of the water or floating in the warmer surface water. This species breeds from April to May (Jennings and Hayes 1994), but the timing is highly variable depending on location and seasonal conditions. Females move from the water to adjacent upland habitats to lay eggs, usually sometime in late May to early July, although it could occur as early as April or as late as August (Ernst et al. 1994). For nest sites, the southwestern pond turtle favors unshaded slopes that typically include a south -facing portion that is likely to ensure that substrate temperatures will be high enough to incubate eggs (Rathburn et al. 2002). Hatchlings over -winter in the nest. Adult turtles in Southern California may be active throughout the winter in warm years or seek out terrestrial refugia (i.e., shelter with appropriate temperature and moisture conditions) in adjacent upland areas during colder years (Jennings and Hayes 1994). Terrestrial refugia are typically covered with dense leaf litter produced by a thick overstory of woody vegetation, including dense riparian thickets of willows (Salix spp.) (Rathburn et al. 2002). Turtles may either choose sites where they can bask in direct sunlight or may bury themselves deep into leaf litter and duff (Rathburn et al. 2002). Survey Methodology The survey methodology was based on survey and census recommendations made by Holland (1991) and survey protocols developed by Reese (1988) and Goodman (1999). Surveys incorporated both visual encounter and live trapping. The surveys were conducted by BonTerra Consulting Ecologist Samuel Stewart (CDFG Scientific Collecting Permit SC -004421), a Biologist who is familiar with this species and has the appropriate CDFG authorization to trap and handle southwestern pond turtles. The survey area included all aquatic habitat on the project site. Mr. Stewart conducted visual encounter surveys by walking along the banks of the creek and scanning pools for extended periods of time primarily in the morning hours in search of basking or foraging turtles. Mr. Stewart also conducted live trapping, which consisted of placing two nylon funnel traps in flowing or standing water in six locations for a period of up to six hours. He fitted the traps with floats to allow partial submergence, firmly secured traps to the banks, and baited the traps with fresh fish trimmings. Mr. Stewart conducted visual surveys throughout the survey area prior to Mr. Richard Beck November 12, 2009 Page 3 returning to check traps at survey completion. Mr. Stewart conducted the surveys in May 2009 during the breeding season for this species (April to August). He fitted the traps with tags listing the CDFG scientific collecting permit number under which live -trapping was authorized, and recorded and mapped species captured and any pond turtle sightings. Survey Results No southwestern pond turtles were observed in the survey area during the surveys. Therefore, this species is considered absent from the survey area at this time. One non-native amphibian species, African clawed frog (Xenopus laevis), was captured during live -trapping (Table 1). A complete list of wildlife species observed during the surveys is included in Appendix B. TABLE 1 RESULTS OF TRAPPING EFFORT BonTerra Consulting appreciates the opportunity to assist with this project. Please contact me at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING 4MA-� Amber S. Oneal Senior Project Manager/Associate Attachments: Exhibits 1, 2, and 3 Appendix A — Site Photos Appendix B — Wildlife Compendium a�G� Sam C. Stewart )o Project Manager/Ecologist cc: Iris Lee, City of Newport Beach, ILee@city.newport-beach.ca.us R:\Proiects\RBFU437\BuckGully-Turtle-111209.doc start End Temperature Temperature Survey Data Time (°celsius) Time CCelslus) Species Trapped Trap Locatlons 5/4/2009 0930 17.1 1530 17 Xenopus /aevis 33.590778,-117.868503 33.590736,-117.868541 5/16/2009 1215 19 1730 18.2 — 33.592429,-117.866768 33.59223,-117.867411 5/18/2009 1000 17.6 1530 20 Xenopus /aevis 33.590765,-117.868431 33.590733,-117.868471 BonTerra Consulting appreciates the opportunity to assist with this project. Please contact me at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING 4MA-� Amber S. Oneal Senior Project Manager/Associate Attachments: Exhibits 1, 2, and 3 Appendix A — Site Photos Appendix B — Wildlife Compendium a�G� Sam C. Stewart )o Project Manager/Ecologist cc: Iris Lee, City of Newport Beach, ILee@city.newport-beach.ca.us R:\Proiects\RBFU437\BuckGully-Turtle-111209.doc Mr. Richard Beck November 12, 2009 Page 4 REFERENCES California Department of Fish and Game (CDFG). 2009. Special Animals. Sacramento, CA: CDFG, Natural Heritage Division. Ernst, C.H., J.E. Lovich, and R.W. Barbour. 1994. Turtles of the United States and Canada. Washington, D.C.: Smithsonian Press. Goodman, R.H. 1999. Relocation Project of the Southwester Pond Turtle (Clemmys marmorata allida from the San Gabriel Dam to the Upper West Fork of the San Gabriel River. Irvine, CA: Chambers Group, Inc. Germano, D.J. 2001. Western Pond Turtles (Clemmys marmorata) in the Central Valley of California: Status and Population Structure. 2001 Transactions of the Western Section of the Wildlife Society. 37:22-36. Rancho Cordova, CA: The Wildlife Society, Western Section. Holland, D.C. 1991. Status and Reproductive Dynamics of a Population of Western Pond Turtles (Clemmys marmorata) in 1991. (Unpublished Report for the U.S. Fish and Wildlife Service, National Ecology Research Center, San Simeon, California). Jennings, M.R. and M.P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California (Contract No. 8023). Sacramento, CA: CDFG, Inland Fisheries Division. Rathbun, G.B., N.J. Scott Jr., and T.G. Murphy. 2002. Terrestrial Habitat Use by Pacific Pond Turtles in a Mediterranean Climate. The Southwestern Naturalist 47(2): 225-235. Lubbock, TX: Southwestern Association of Naturalists. Reese, D.A. and H.H. Welsh, Jr. 1988. Habitat use by western pond turtles in the Trinity River, California. Journal of Wildlife Management 62:842-853. Bethesda, MD: The Wildlife Society. Spinks, P.Q., G.B. Pauly, J.J. Crayon, and H B.Shaffer. 2003 (October). Survival of the Western Pond Turtle (Emys marmorata) in an Urban California Environment. Biological Conservation 113(2):257-267. Cambridge, MA: Elsevier. Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians (3rd ed.). Boston, MA: Houghton -Mifflin Company. Lancaster Palmdale _ 3 14 Angeles National t x f Forest Pasadena Los West Covina so Whittier 2 Oran_ e :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 O Long Beach tmi iser 22 � s= Cleveland � QM � L W National O J � :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 Long Beach tmi iser 22 S Beach Santa Ana s Cleveland National 39 55 Forest Hu ingt n Costa M a 4 Canyon Be h Irvine ancho Santa Project Location Margarita Lake 's 73 fission Viejo 74 Elsinore ! •rid �' 4ip ';P} L una Beach e - PACIFIC g San Juan o OCEAN Capistrano San e 1 Diego s Regional Location Buck Gully N W 10 5 0 10 S Miles Exhibit 1 C O N S U L r l N G /Graph ics/EX1 _RL_011808. pdf Quadrangle I Newport Beach Quadrangle - Laguna Beach Q r -'Ej. I %\ Y" 7-- W X A S J, 74 Q., % A. 'TU I V-, N 0". I. IU i I ILA Or I I L I I 1 6 Z: 4- J 62 r ";,o 1; 74� Ti� Corona del X 1:7 1wh it L Arch Rock ikl. . 7 IL "P I 16. .4 S� Pelican m Local Vicinity Buck Gully N W� E 2,000 1,000 0 2,000 s mmmmmmmmm�R Feet —STu—rce-. US7GSCa—guna Be—c6 Beach 7.5 Minute Digital Exhibit 2 C 0 N 5 U L T I N G `/Graphics/Ex2 LV_012408.pdf y ti. -N A 5 N 4 Ar 'A Yly 4- M. N01 •S, IF' fey Approximate Survey Area Project Site Buck Gully N `� ' 400 200 s I_- Exhibit 3 0 400 Feet co N5 UL TING R:/Pmjects/RBF/J437/Graphics/Ex3_PmjSite 012408.pdf APPENDIX A SITE PHOTOS 0 :8 i�,• •.:.��.ti%i�a�s4�t�t �Sl� `�'�sn..r�i9R�[il�.s •.c.�6, An overview of the coastal freshwater marsh and southern arroyo willow forest from the downstream end (southwest) of the survey area facing upstream (northeast). Buck Gully is a perennial stream that meanders through the survey area. Water ranges in depth from a few inches to small ponded areas that are several feet deep. Site Photographs Buck Gully Exhibit A-1 C0 N S U L T I N G R:/Projects/RBF/J437/Graph ics/LBV-W I FL/ExA1 _sp_090909. pdf APPENDIX B WILDLIFE COMPENDIUM Buck Gully Proiect Site WILDLIFE SPECIES OBSERVED DURING SOUTHWESTERN POND TURTLE SURVEYS IN BUCK GULLY May 2009 Species Fish POECILIDAE — LIVE BEARERS Gambusia affinis mosquitofish Amphibians HYLIDAE — TREEFROGS Pseudacris regilla Pacific chorus frog PELOBATIDAE — TONGUELESS FROGS Xenopus laevis* African clawed frog Reptiles PHRYNOSOMATIDAE — ZEBRA -TAILED, FRINGE -TOED, SPINY, TREE, SIDE - BLOTCHED, AND HORNED LIZARDS Sceloporus occidentalis western fence lizard ANGUIDAE - ALLIGATOR LIZARDS Elgaria multicarinata southern alligator lizard Birds COLUMBIDAE — PIGEONS AND DOVES Columba livia * rock pigeon Zenaida macroura mourning dove TROCHILIDAE — HUMMINGBIRDS Calypte anna Anna's hummingbird Selasphorus sasin Allen's hummingbird PICIDAE — WOODPECKERS Picoides nuttallii Nuttall's woodpecker Picoides pubescens downy woodpecker TYRANNIDAE — TYRANT FLYCATCHERS Empidonax difficilis Pacific -slope flycatcher Sayornis nigricans black phoebe Myiarchus cinerascens ash -throated flycatcher CORVIDAE — JAYS AND CROWS Corvus brachyrhynchos American crow R:\Projects\RBF\J437\BuckGully-Turtle-111209.doc B-1 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SOUTHWESTERN POND TURTLE SURVEYS IN BUCK GULLY (Continued) Species Corvus corax common raven HIRUNDINIDAE — SWALLOWS Stelgidopteryx serripennis northern rough -winged swallow Petrochelidon pyrrhonota cliff swallow AEGITHALIDAE — BUSHTITS Psaltriparus minimus bushtit TROGLODYTIDAE — WRENS Thryomanes bewickii Bewick's wren Troglodytes aedon house wren TIMALIIDAE — WRENTITS Chamaea fasciata wrentit MIMIDAE — THRASHERS Mimus polyglottos northern mockingbird STURNIDAE — STARLINGS Sturnus vulgaris European starling* PARULIDAE — WARBLERS Dendroica petechia yellow warbler Geothlypis trichas common yellowthroat Wilsonia pusilla Wilson's warbler EMBERIZIDAE — SPARROWS AND JUNCOS Pipilo maculatus spotted towhee Pipilo crissalis California towhee Melospiza melodia song sparrow CARDINALIDAE — GROSBEAKS AND BUNTINGS Pheuticus melanocephalus black -headed grosbeak ICTERIDAE — BLACKBIRDS Agelaius phoeniceus red -winged blackbird Molothrus ater brown -headed cowbird Icterus bullockii Bullock's oriole R:\Projects\RBF\J437\BuckGully-Turtle-111209.doc B-2 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SOUTHWESTERN POND TURTLE SURVEYS IN BUCK GULLY (Continued) Species FRINGILLIDAE — FINCHES Carpodacus mexicanus house finch Carduelis psaltria lesser goldfinch DIDELPHIDAE - NEW WORLD OPOSSUMS Didelphis virginiana Virginia opossum SCIURIDAE — SQUIRRELS Spermophilus beecheyi California ground squirrel PROCYONIDAE- RACCOONS Procyon lotor common raccoon introduced species R:\Projects\RBF\J437\BuckGully-Turtle-111209.doc B-3 Wildlife Compendium J! 5 o/t=eIIIIIIIIIIIIIEwms C O N S U L T I N G September 10, 2009 Ms. Sandy Marquez U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, California 92011 PASADENA COSTA MESA T: (714) 444-9199 F: (714) 444-9599 1 151 Kalmus Drive, Suite E-200 www.BonTerraConsulting.com I Costa Mesa, CA 92626 VIA EMAIL AND MAIL sandy—marquez@fws.gov Subject: Results of Least Bell's Vireo and Southwestern Willow Flycatcher Survey for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California Dear Ms. Marquez: This Letter Report presents the results of focused surveys to determine the presence or absence of the least Bell's vireo (Vireo bellii pusillus) and southwestern willow flycatcher (Empidonax traillii extimus) for the Buck Gully project site (hereafter referred to as the "project site"). A Biologist with the necessary experience and the federal Endangered Species Act 10(a) survey permit conducted the surveys according to U.S. Fish and Wildlife Service (USFWS) protocol. Project Site The project site is located in the Corona del Mar area within the City of Newport Beach (Exhibit 1). It is located on the U.S. Geological Survey's (USGS's) Newport Beach 7.5 -minute topographic quadrangle and ranges from sea level to 100 feet above mean sea level (msl) (Exhibit 2). Buck Gully is a natural gully that occurs between Pacific Coast Highway and Little Corona Beach (Exhibit 3). The project site also includes a portion of Little Corona Beach and the adjacent bluffs. Private residences line either side of the gully and some residential properties extend into the gully. Vegetation types on the project site include southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, sandy beach, open water, ornamental, and developed (Exhibit 4). A perennial stream flows through Buck Gully. Coastal freshwater marsh is dominated by cattail (Typha sp.) and the stream's open water; the density and height of the cattails increased over the duration of the surveys. Coyote brush (Baccharis pilularis) and castor bean (Ricinus communis) occur along the edges of the coastal freshwater marsh with scattered garden nasturtium (Tropaeolum majus), common celery (Apium graveolens), and African umbrella -sedge (Cyperus involucratus). Southern arroyo willow forest occurs along the upper portion of the stream and is dominated by arroyo willow (Salix lasiolepis), which forms a dense canopy. The understory consists of western poison oak (Toxicodendron diversilobum), California blackberry (Rubus ursinus), California rose (Rosa californica), and yerba mansa (Anemopsis californica). Some ornamental species that have washed down from the residential properties along the slope of the gully are also present along the stream. These include garden nasturtium, sour grass (Oxalis pes- caprae), English ivy (Hedera helix), and greater periwinkle ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT Ms. Sandy Marquez September 10, 2009 Page 2 (Vinca major). White water cress (Rorippa nasturtium-aquaticum) and Spanish sunflower (Pulicaria paludosa) are also present in areas along the stream. Representative photos of riparian habitat are included in Appendix A. Background The southwestern willow flycatcher and least Bell's vireo were formerly more common and widespread, but are now rare, local summer residents of Southern California's lowland riparian woodlands (Grinnell and Miller 1944; Garrett and Dunn 1981). The substantial population declines of these two avian species over the latter half of the twentieth century is attributable to the loss and degradation of riparian habitats and brood parasitism by the brown -headed cowbird (Molothrus ater). As a result, the least Bell's vireo was listed by the California Department of Fish and Game (CDFG) as Endangered on October 2, 1980, and by the USFWS as Endangered on May 2, 1986. The CDFG listed all three subspecies of willow flycatcher that breed in California (E. t. brewsteri, E. t. extimus, and E. t. adastus) as Endangered on January 3, 1991. The USFWS listed the southwestern willow flycatcher as Endangered on February 7, 1995 (USFWS 1995). Least Bell's Vireo Bell's vireo is a Neotropical migrant that breeds in central and southwestern North America from northern Mexico to Southern California, Nevada, and Utah; east to Louisiana; and north to North Dakota, Wisconsin, and Indiana in the central United States (AOU 2006). Although not well known, the winter range of the Bell's vireo is believed to be the west coast of Central America from southern Sonora south to northwestern Nicaragua, including the cape region of Baja California, Mexico (Brown 1993). Of the four Bell's vireo subspecies, only two breed in California: the least Bell's vireo and the Arizona Bell's vireo (V. b. arizonae), which breeds in the Colorado River Valley (Garrett and Dunn 1981; Rosenberg et al. 1991). Though the least Bell's vireo was formerly considered a common breeder in riparian habitats throughout the Central Valley and other low elevation riverine systems in California and Baja California, Mexico (Franzreb 1989), presently, the least Bell's vireo has been eliminated from much of its historical range (Franzreb 1989; Brown 1993). The breeding habitat of the least Bell's vireo is primarily riparian dominated by willows with dense understory vegetation; shrubs such as mule fat (Baccharis salicifolia) and California rose are often a component of the understory (Goldwasser 1981). The least Bell's vireo is often found in areas that include trees such as willow (Salix sp.), western sycamore (Platanus racemosa) or cottonwood (Populus sp.), particularly where the canopy is within or immediately adjacent to an understory layer of vegetation (Salata 1983). The least Bell's vireo generally nests in early successional stages of riparian habitats, with nest sites frequently located in willows that are between four and ten years of age (RECON 1988; Franzreb 1989). The most critical factor in habitat structure is the presence of a dense understory shrub layer from approximately two to ten feet above ground (Goldwasser 1981; Salata 1983; Franzreb 1989). On February 2, 1994, the USFWS issued their final determination of critical habitat for the least Bell's vireo (USFWS 1994), identifying approximately 37,560 acres as critical habitat in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and San Diego Counties. The survey area is not located in the designated critical habitat area for this species. Least Bell's vireo are known from the project vicinity in areas including Muddy and EI Moro canyons within Crystal Cove State Park, San Diego Creek and the San Joaquin Wildlife Sanctuary, Mason Regional Park, the Sand Canyon Reservoir, and the Bonita Canyon Reservoir (Harmsworth 1998, BonTerra Consulting 2008, CDFG 2009). However, during Ms. Sandy Marquez September 10, 2009 Page 3 focused surveys for the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP), the least Bell's vireo was not observed in the upper portions of Buck Gully (north of Pacific Coast Highway) (Harmsworth 1998). Southwestern Willow Flycatcher The willow flycatcher is a Neotropical migrant that breeds in the west from northern Baja California, Mexico to central British Colombia, and generally east through the northern half of the United States to the Atlantic coast (AOU 2006). Depending on the authority, there are four or five recognized subspecies of willow flycatcher (Sedgwick 2000). The breeding range of southwestern willow flycatcher includes Southern California, Arizona, New Mexico, western Texas, and the extreme southern parts of Nevada and Utah (USFWS 1993). In California, the southwestern willow flycatcher breeds along the coast south of the San Fernando Valley and north in the interior to about Independence, Inyo County (Unitt 1987). The largest breeding populations of southwestern willow flycatcher in California are located at the South Fork of the Kern River in Kern County and on the Santa Margarita River in Camp Pendleton in San Diego County (Unitt 1987). The range-wide population of southwestern willow flycatcher is estimated at between 300 and 500 pairs (USFWS 1997). The population of southwestern willow flycatcher in California is estimated to be about 70 pairs (USFWS 1993). More recent estimates for California include a total of 200 territories in 2004 (Durst et al. 2005), which indicates that the California population may slowly be recovering. The southwestern willow flycatcher breeds in willow-dominated riparian habitats that are similar to least Bell's vireo nesting habitats. The southwestern willow flycatcher differs from least Bell's vireo in that it shows a stronger dependency on willow thickets for all its requirements (Grinnell and Miller 1944). In addition, the southwestern willow flycatcher appears to have a preference for sites with surface water in the vicinity, such as along streams, on the margins of a pond or lake, and at wet mountain meadows (Grinnell and Miller 1944; Flett and Sanders 1987; Harris et al. 1987). In Arizona, the southwestern willow flycatcher invariably nests near surface water (Phillips et al. 1964). Recently, the southwestern willow flycatcher has adapted to introduced vegetation present in riparian communities, such as tamarisk (Tamarix sp.) and Russian olive (Elaeagnus angustifolia) (USFWS 1993). The willow flycatcher is a common migrant in the interior of California and a rare-to-uncommon migrant along the coastal slope, with most birds moving through Southern California between May 15 and June 20 (Garrett and Dunn 1981; Unitt 1987). The spring southwestern willow flycatcher migration is earlier than that of the northern subspecies (Unitt 1984, USFWS 1993). As a result, the presence of more abundant subspecies that migrate through the range of the southwestern willow flycatcher during its breeding season complicates surveys for nesting southwestern willow flycatchers. On October 19, 2005, the USFWS published a final rule designating critical habitat for the southwestern willow flycatcher (USFWS 2005). This final rule designated 120,824 acres in Arizona, California, Nevada, New Mexico, and Utah as critical habitat. Of that, 17,212 acres were designated in Kern, Santa Barbara, San Bernardino, and San Diego Counties, California. The survey area is not located in designated critical habitat for this species. During focused surveys for the NCCP/HCP, no breeding or territorial southwestern willow flycatchers were observed anywhere in the Central/Coastal Subregion (Harmsworth 1998), and the southwestern willow flycatcher was considered extirpated as a breeding species from Orange County (Hamilton and Wlllick 1996, Gallagher 1997). Since these surveys were conducted, one breeding location was reported from Canada Gobernadora on Rancho Mission Viejo in 2001 and 2003 (CDFG 2009), and one potential location was reported from Featherly Ms. Sandy Marquez September 10, 2009 Page 4 Regional Park along the Santa Ana River in 1999, but breeding was not confirmed (CDFG 2009). Survey Methodology The USFWS protocol for the least Bell's vireo requires that at least eight surveys be conducted from April 10 to July 31 with a ten-day interval between each site visit. The USFWS protocol for the southwestern willow flycatcher requires a total of five surveys with the first survey conducted between May 15 and May 31; the second survey between June 1 and June 21; and the third through fifth surveys between June 22 and July 17. BonTerra Consulting Ecologist Amber Oneal (Permit# TE148554-1) conducted surveys on April 10, 20, and 30; May 11 and 21; June 1, 11, 22, and 29; and July 6, 2009. Ms. Oneal systematically surveyed the riparian habitats by walking slowly using meandering transects through the riparian habitat in the survey area. Following the willow flycatcher protocol, recorded vocalizations were used to elicit a response from any potentially territorial southwestern willow flycatchers. If no southwestern willow flycatchers were detected after the initial tape playing, Ms. Oneal replayed the recording at least once, but often multiple times. As the least Bell's vireo survey protocol does not require the playback of least Bell's vireo vocalizations, recorded least Bell's vireo vocalizations were not used during the surveys. "Pishing" sounds were used to elicit responses from any southwestern willow flycatchers or least Bell's vireo present. All surveys were conducted under optimal weather conditions (i.e., between 55 and 95 degrees Fahrenheit with wind speeds between 0 and 15 miles per hour) and during early morning hours when bird activity is at a peak. Ms. Oneal recorded all bird species detected during the survey (Appendix B). Survey Results No least Bell's vireo or willow flycatchers (of any subspecies) were observed in the survey area during the surveys. Therefore, these species are considered absent from the survey area at this time. A complete list of wildlife species observed during the surveys is included in Appendix B. Yellow warbler, a CDFG Species of Special Concern, was observed in the southern arroyo willow forest in April and May 2009, but it was not observed during the June and July 2009 visits. A California Natural Diversity Database (CNDDB) form will not be submitted for this species because individuals observed did not breed in the survey area; they were assumed to be migrants. A black -crowned night heron (Nycticorax nycticorax) roost was observed in a group of gum (Eucalyptus sp.) trees next to a large ponding area in the southeastern portion of the survey area on June 29, 2009. It is unknown whether the species bred in the survey area; however, the survey area provides suitable trees that could be used as a rookery. The CDFG considers the black -crowned night heron to be a Species of Special Concern when at rookery sites. Because breeding was not confirmed, a CNDDB form will not be submitted. However, if vegetation clearing would occur during the breeding season (March to June) for the heron, it is recommended that a pre -construction survey be conducted to avoid impacts on this species. If a rookery is observed, it should be protected until young have fledged from the nests. This pre - construction survey can likely be combined with the pre -construction survey for raptor nests. Brown -headed cowbirds were present in the survey area throughout the duration of the surveys. An average of five cowbirds were observed during each survey. A high count of 16 cowbirds Ms. Sandy Marquez September 10, 2009 Page 5 was observed on July 6, 2009, and 9 cowbirds were observed on April 30, 2009. A lesser goldfinch (Carduelis psaltria) was observed feeding a juvenile brown -headed cowbird, and a juvenile brown -headed cowbird was observed flocking with juvenile house finches (Ca►podacus mexicanus) on July 16, 2009, indicating that the brown -head cowbird likely parasitized nests in the survey area. BonTerra Consulting has appreciated the opportunity to assist with this project. Please contact me at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING fl Amber S. Oneal Senior Project Manager/Ecologist I certify that the information in this survey report and enclosed exhibits fully and accurately present my work. Amber S. Oneal Senior Project Manager/Ecologist (TE -148554-1) Attachments: Exhibits 1, 2, 3, and 4 Appendix A — Site Photographs Appendix B — Wildlife Compendium cc: Iris Lee, City of Newport Beach, ILee@city.newport-beach.ca.us Richard Beck, RBF Consulting, RBECK@rbf.com R:\ProjectsWBFU43'AL8V_WIFL Ur Rpt-MO09.doc REFERENCES American Ornithologists' Union (AOU). 2006. Check -list of North American Birds (7th ed., as revised through 47"' Supplement). Washington, D.C.: AOU. http://www.aou.org/checklistfindex.php3. BonTerra Consulting. 2008 (February 14). Biological Constraints Assessment for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California. Costa Mesa, CA: BonTerra Consulting. Ms. Sandy Marquez September 10, 2009 Page 6 Brown, B.T. 1993. Bell's Vireo (Vireo bellii). The Birds of North America, No. 35 (A. Poole, P. Stettenheim, and F. Gill, Eds.). Philadelphia, PA and Washington, D.C.: The Academy of Natural Sciences and AOU (respectively). California Department of Fish and Game (CDFG). 2009 (September 4, 2009). California Natural Diversity Database. Records of Occurrence for USGS Laguna Beach, Newport Beach, and Tustin7.5-minute quadrangle. Sacramento, CA: CDFG, Natural Heritage Division. Durst, S.L., M.K. Sogge, H. English, S.O. Williams, B.E. Kus and S.J. Sferra. 2005. Southwestern Willow Flycatcher Breeding Site and Territory Summary — 2004 (Report to the U.S. Bureau of Reclamation). Flagstaff, AZ: USGS Southwest Biological Science Center, Colorado Plateau Research Station. Flett, M.A. and S.D. Sanders. 1987. Ecology of a Sierra Nevada Population of Willow Flycatchers. Western Birds 18(1): 37-42. San Diego, CA: Western Field Ornithologists. Franzreb, K.E. 1989. Ecology and Conservation of the Endangered Least Bell's Vireo (Biological Report 89[1]). Sacramento, CA: USFWS, Endangered Species Office. Garrett, K. and J. Dunn. 1981. Birds of Southern California: Status and Distribution. Los Angeles, CA: Los Angeles Audubon Society. Goldwasser, S. 1981. Habitat Requirements of the Least Bell's Vireo (Final Report, Job IV - 38.1). Sacramento, CA: CDFG. Grinnell, J. and A.H. Miller. 1944. The Distribution of the Birds of California. Pacific Coast Avifauna No.27. Albuquerque, NM: Cooper Ornithological Society. Harmsworth Associates. 1998 (December). Least Bell's Vireo, Willow Flycatcher and Riparian Birds in Orange County Central/Coastal NCCP Sub -region. Dove Canyon, CA: Harmsworth Associates. Harris, J.H., S.D. Sanders, and M.A. Flett. 1987. Willow Flycatcher Surveys in the Sierra Nevada. Western Birds 18(1): 27-36. San Diego, CA: Western Field Ornithologists. Phillips, A.R., J. Marshall, and G. Monson. 1964. The Birds of Arizona. Tucson, AZ: University of Arizona Press. RECON Regional Environmental Consultants (RECON). 1988. Draft Comprehensive Species Management Plan for the Least Bell's Vireo (Prepared for the San Diego Association of Governments). San Diego, CA: RECON. Rosenberg, K.V., R.D. Ohmart, W.C. Hunter, and B.W. Anderson. 1991. Birds of the Lower Colorado River Valley. Tucson, AZ: University of Arizona Press. Salata, L.R. 1983. Status of the Least Bell's Vireo on Camp Pendleton, California: Report on Research Done in 1983. Laguna Niguel, CA: USFWS. Sedgwick, J.A. 2000. Willow Flycatcher (Empidonax trail/ii). The Birds of North America, No. 533 (A. Poole and F. Gill, Eds.). Philadelphia, PA: The Academy of Natural Sciences. Shuford, W.D. and T. Gardali (Eds). 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate Ms. Sandy Marquez September 10, 2009 Page 7 conservation and concern in Calfornia. Studies of Western Birds 1. Camarillo, CA and Sacramento, CA: Western Field Ornithologists and CDFG, respectively. Unitt, P. 1987. Empidonax traillii extimus: An Endangered Subspecies. Western Birds. 18(3): 137-162. San Diego, CA: Western Field Ornithologists. 1984. The Birds of San Diego County (Memoir 13). San Diego, CA: San Diego Society of Natural History. U.S. Fish and Wildlife Service (USFWS). 2005 (October 19). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwestern Willow Flycatcher (Empidonax trail/ii extimus). Federal Register 70(201): 60885-61009. Washington, D.C.: USFWS. 1997. A Southwestern Willow Flycatcher Natural History Summary and Survey Protocol (Technical Report NPS/NAUCPRS/NRTR-97/12, prepared for National Park Service and Department of the Interior). Flagstaff, AZ: Northern Arizona University, Colorado Plateau Research Station. 1995 (February 27). Endangered and Threatened Wildlife and Plants: Final Rule, Determining Endangered Status for the Southwestern Willow Flycatcher. Federal Register. 60(38): 10693-10715. Washington, D.C.: USFWS. 1994 (February 2). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Least Bell's Vireo. Federal Register 59 (22): 4845-4867. Washington, D.C.: USFWS. 1993 (July 23). Endangered and Threatened Wildlife and Plants; Proposed Rule to List the Southwestern Willow Flycatcher as Endangered With Critical Habitat. Federal Register 58(140): 39495-39522. Washington, D.C.: USFWS. 1986 (May 2). Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Least Bell's Vireo. Federal Register 51(85):16474-16482. Washington, D.C.: USFWS. Lancaster Palmdale _ 3 14 Angeles National t x f Forest Pasadena Los West Covina so Whittier 2 Oran_ e :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 O Long Beach tmi iser 22 � s= Cleveland � QM � L W National O J � :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 Long Beach tmi iser 22 S Beach Santa Ana s Cleveland National 39 55 Forest Hu ingt n Costa M a 4 Canyon Be h Irvine ancho Santa Project Location Margarita Lake 's 73 fission Viejo 74 Elsinore ! •rid �' 4ip ';P} L una Beach e - PACIFIC g San Juan o OCEAN Capistrano San e 1 Diego s Regional Location Buck Gully N W 10 5 0 10 S Miles Exhibit 1 C O N S U L r l N G /Graph ics/EX1 _RL_011808. pdf Quadrangle I Newport Beach Quadrangle - Laguna Beach Q r -'Ej. I %\ Y" 7-- W X A S J, 74 Q., % A. 'TU I V-, N 0". I. IU i I ILA Or I I L I I 1 6 Z: 4- J 62 r ";,o 1; 74� Ti� Corona del X 1:7 1wh it L Arch Rock ikl. . 7 IL "P I 16. .4 S� Pelican m Local Vicinity Buck Gully N W� E 2,000 1,000 0 2,000 s mmmmmmmmm�R Feet —STu—rce-. US7GSCa—guna Be—c6 Beach 7.5 Minute Digital Exhibit 2 C 0 N 5 U L T I N G `/Graphics/Ex2 LV_012408.pdf y ti. -N A 5 N 4 Ar 'A Yly 4- M. N01 •S, IF' fey Approximate Survey Area Project Site Buck Gully N `� ' 400 200 s I_- Exhibit 3 0 400 Feet co N5 UL TING R:/Pmjects/RBF/J437/Graphics/Ex3_PmjSite 012408.pdf bp Vegetation Types and Other Areas Exhibit 4 Buck Gully N 150 75 0 150 Co_�� C0 N S U L i 1 N G S Feet R:/Projects/RBF/J437/Graphics/ex4_veg_012408. pdf APPENDIX A SITE PHOTOS 0 a An overview of the southern arroyo willow forest from the upstream end (northwest portion) of the survey area facing downstream (south). An overview of the coastal freshwater marsh and southern arroyo willow forest from the downstream end (southwest) of the survey area facing upstream (northeast). Site Photographs Buck Gully Exhibit A-1 C0 N S U L T I N G R:/Projects/RBF/J437/Graph ics/LBV-W I FL/ExA1 _sp_090909. pdf 0 Representative view of the well-developed understory of the southern arroyo willow forest. Dominant understory species often included poison oak and California blackberry. Another view of the well-developed understory dominated by poison oak and California blackberry. Site Photographs Buck Gully Exhibit A-2 CO N S U L T I N G R:/Projects/RBF/J437/Graphics/LBV-WI FL/ExA2_sp2_090909.pdf 0 Buck Gully is a perennial stream that meanders through the survey area. Water ranges in depth from a few inches to small ponded areas that are several feet deep. Adjacent private property extends into the gully along it's margins; ornamental species make up a component of the understory. In this photo, African daisy and artichoke thistle are visible in the foreground. Site Photographs Buck Gully Exhibit A-3 CO N S U L T I N G R:/Projects/RBF/J437/Graphics/LBV-W I FL/ExA3_sp3_090909. pdf APPENDIX B WILDLIFE COMPENDIUM Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SPECIAL STATUS BIRD SPECIES SURVEYS IN BUCK GULLY APRIL—JULY 2009 Species Amphibians HYLIDAE- TREEFROGS Pseudacris [Hyla] sp. treefrog Reptiles PHRYNOSOMATIDAE - ZEBRA -TAILED, FRINGE -TOED, SPINY, TREE, SIDE -BLOTCHED, AND HORNED LIZARDS Sceloporus occidentalis western fence lizard Birds ANATIDAE - WATERFOWL Anas platyrhynchos mallard PELECANIDAE - PELICANS Pelecanus occidentalis brown pelican PHALACROCORACIDAE- CORMORANTS Phalacrocorax penicillatus Brandt's cormorant Phalacrocorax auritus double -crested cormorant ARDEIDAE- HERONS Egretta thula snowy egret Nycticorax nycticorax black -crowned night -heron ACCIPITRIDAE - HAWKS Pandion haliaetus osprey HAEMATOPODIDAE- OYSTERCATCHERS Haematopus bachmani black oystercatcher SCOLOPACIDAE - SANDPIPERS & PHALAROPES Tringa [Catoptrophorus] semipalmata willet Numenius phaeopus whimbrel Numenius americanus long -billed curlew Arenaria interpres ruddy turnstone Arenaria melanocephala black turnstone Calidris mauri western sandpiper R:\Projects\RBF\J437\LBV_WIFL Ltr Rpt-091009.doc B-1 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SPECIAL STATUS BIRD SPECIES SURVEYS IN BUCK GULLY APRIL—JULY 2009 (Continued) Species Birds (Cont.) LARIDAE - GULLS & TERNS Larus heermanni Heermann's gull Larus delawarensis ring -billed gull Larus occidentalis western gull Hydroprogne caspia Caspian tern Sterna forsteri Forster's tern COLUMBIDAE - PIGEONS & DOVES Zenaida macroura mourning dove TROCHILIDAE - HUMMINGBIRDS Calypte anna Anna's hummingbird Selasphorus sasin Allen's hummingbird PICIDAE - WOODPECKERS Picoides nuttallii Nuttall's woodpecker Picoides pubescens downy woodpecker TYRANNIDAE- TYRANTFLYCATCHERS Empidonax sp. Empid flycatcher Empidonax difficilis Pacific -slope flycatcher Sayornis nigricans black phoebe Myiarchus cinerascens ash -throated flycatcher VIREONIDAE - VIREOS Vireo huttoni Hutton's vireo Vireo gilvus warbling vireo CORVIDAE - JAYS & CROWS Corvus brachyrhynchos American crow Corvus corax common raven HIRUNDINIDAE - SWALLOWS Stelgidopteryx serripennis northern rough -winged swallow R:\Projects\RBF\J437\LBV_WIFL Ltr Rpt-091009.doc B-2 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SPECIAL STATUS BIRD SPECIES SURVEYS IN BUCK GULLY APRIL—JULY 2009 (Continued) Species Birds (Cont.) Petrochelidon pyrrhonota cliff swallow Hirundo rustica barn swallow AEGITHALIDAE - BUSHTITS Psaltriparus minimus bushtit TROGLODYTIDAE - WRENS Thryomanes bewickii Bewick's wren Troglodytes aedon house wren REGULIDAE - KINGLETS Regulus calendula ruby -crowned kinglet TURDIDAE - THRUSHES & ROBINS Catharus ustulatus Swainson's thrush TIMALIIDAE - WRENTITS Chamaea fasciata wrentit MIMIDAE - THRASHERS Mimus polyglottos northern mockingbird STURNIDAE - STARLINGS Sturnus vulgaris European starling BOMBYCILLIDAE - WAXWINGS Bombycilla cedrorum cedar waxwing PARULIDAE - WARBLERS Vermivora celata orange -crowned warbler Vermivora ruficapilla Nashville warbler Dendroica petechia yellow warbler Dendroica coronata yellow-rumped warbler Dendroica occidentalis hermit warbler Geothlypis trichas common yellowthroat Wilsonia pusilla Wilson's warbler R:\Projects\RBF\J437\LBV_WIFL Ltr Rpt-091009.doc B-3 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE SPECIES OBSERVED DURING SPECIAL STATUS BIRD SPECIES SURVEYS IN BUCK GULLY APRIL—JULY 2009 (Continued) Species Birds (Cont.) THRAUPIDAE- TANAGERS Piranga ludoviciana western tanager EMBERIZIDAE - SPARROWS & JUNCOS Pipilo maculatus spotted towhee Pipilo crissalis California towhee Melospiza melodia song sparrow CARDINALIDAE - GROSBEAKS & BUNTINGS Pheuticus melanocephalus black -headed grosbeak ICTERIDAE - BLACKBIRDS Agelaius phoeniceus red -winged blackbird Molothrus ater brown -headed cowbird Icterus cucullatus hooded oriole Icterus bullockii Bullock's oriole FRINGILLIDAE - FINCHES Carpodacus mexicanus house finch Carduelis psaltria lesser goldfinch Carduelis tristis American goldfinch Mammals LEPORIDAE - HARES & RABBITS Sylvilagus audubonii desert cottontail SCIURIDAE - SQUIRRELS Spermophilus beecheyi California ground squirrel introduced species R:\Projects\RBF\J437\LBV_WIFL Ltr Rpt-091009.doc B-4 Wildlife Compendium . %01eL =e"w C O N S U L T I N G June 11, 2009 PASADENA COSTA MESA T: (714) 444-9199 F: (714) 444-9599 1 151 Kalmus Drive, Suite E-200 www.BonTerroConsulting.com I Costa Mesa, CA 92626 Ms. Sandy Marquez VIA EMAIL AND MAIL U.S. Fish and Wildlife Service sandy_marquez@fws.gov 6010 Hidden Valley Road Carlsbad, California 92011 Subject: Results of Coastal California Gnatcatcher Survey for the Buck Gully Project Site in Corona Del Mar, City of Newport Beach, Orange County, California Dear Ms. Marquez: This Letter Report presents the results of focused surveys for the coastal California gnatcatcher (Polioptila californica californica) at the Buck Gully project site (hereafter referred to as the "project site"). The purpose of the surveys was to determine the presence or absence of the coastal California gnatcatcher on or immediately adjacent to the project site. Surveys were conducted by a Biologist holding the necessary Federal Endangered Species Act (ESA) survey permit, according to guidelines established by the U.S. Fish and Wildlife Service (USFWS). Project Site The project site is located in the Corona del Mar area within the City of Newport Beach (Exhibit 1). It is located on the U.S. Geological Survey's (USGS's) Newport 7.5 -minute topographic quadrangle and ranges from sea level to 100 feet above mean sea level (msl) (Exhibit 2). Buck Gully is a natural gully that occurs between Pacific Coast Highway and Little Corona Beach (Exhibit 3). The project site also includes a portion of Little Corona Beach and the adjacent bluffs. Private residences line either side of the gully and some residential properties extend into the gully. Vegetation types on the project site include southern coastal bluff scrub, chenopod scrub, coastal freshwater marsh, southern arroyo willow forest, sandy beach, open water, ornamental, and developed (Exhibit 4). Vegetation types surveyed for coastal California gnatcatcher included southern coastal bluff scrub, chenopod scrub, and portions of the riparian habitat types that included coyote brush (Baccharis pilularis) and California sagebrush (Artemisia californica) along their margins (i.e., coastal freshwater marsh, southern arroyo willow forest). The southern coastal bluff scrub vegetation type occurs on the bluff adjacent to Little Corona Beach in the southern portion of the project site. Southern coastal bluff scrub is composed of a mix of seablite (Suaeda sp.), box thorn (Lycium sp.), coastal cholla (Opuntia prolifera), California buckwheat (Eriogonum fasciculatum), and bush sunflower (Encelia californica), with California sagebrush, lemonadeberry (Rhus integrifolia), slender -leaved iceplant (Mesembryanthemum nodif/orum), and red hot poker (Kniphofia uvaria) occurring at lower ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT Ms. Sandy Marquez June 15, 2009 Page 2 densities. Southern coastal bluff scrub transitions to coastal sage scrub along the bluffs upstream and seablite and box thorn become less dense in this area. Chenopod scrub is composed of big saltbush (Atriplex lentiformis). Site photos are included in Appendix A. Background Recent taxonomic studies indicate that the California gnatcatcher consists of four subspecies, which extend from southwestern California to southern Baja California, Mexico (Atwood and Lerman 2006; Mellink and Rea 1994). The coastal California gnatcatcher, the northernmost gnatcatcher subspecies, is restricted to lowland areas from central Ventura County through Los Angeles, San Bernardino, Riverside, Orange, and San Diego Counties to the Baja California, Mexico border (Atwood and Lerman 2006; Mellink and Rea 1994). Formerly, the coastal California gnatcatcher was common from the San Fernando Valley, east along the base of the San Gabriel Mountains to Claremont (Atwood 1990). The coastal California gnatcatcher is now rare in the northern part of its range with a few sightings from Santa Clarita to Tujunga Wash, though a small population persists near Moorpark in Ventura County. The coastal California gnatcatcher has been recorded from sea level to approximately 3,000 feet above msl (USFWS 2003); however, greater than 90 percent of gnatcatcher records are from elevations below 820 feet msl along the coast (Atwood and Bolsinger 1992; MBA 1991) and below 1,800 feet above msl inland. The USFWS has recently estimated the population size of the coastal California gnatcatcher in Southern California to be about 3,000 pairs (Atwood and Bontrager 2001). The coastal California gnatcatcher typically occurs within coastal and inland sage scrub vegetation types, which often occur in a patchy distribution pattern throughout the gnatcatcher's range. Coastal California gnatcatchers also use chaparral, grassland, and riparian habitats that are in proximity to sage scrub for dispersal and foraging (Atwood et al. 1998; Campbell et al. 1998; USFWS 2003). Availability of these non-sage scrub areas is essential during certain times of the year, particularly during drought conditions, or for dispersal, foraging, or nesting (USFWS 2003). On March 25, 1993, the USFWS designated the coastal California gnatcatcher a Threatened species. A Special Rule was issued that would allow incidental take of the coastal California gnatcatcher under Section 9 of the FESA if the take is a result of activities conducted in accordance with the State's Natural Community Conservation Plan (NCCP) Act (USFWS 1993). The City of Newport Beach is a participant in the Central-Coastal Subregional NCCP/Habitat Conservation Plan (HCP); therefore if present, take of the coastal California gnatcatcher is covered in accordance with the NCCP/HCP Implementation Agreement with payment of a mitigation fee. On December 19, 2007, the USFWS published a Final Rule that revises critical habitat and designates 197,303 acres of land in San Diego, Orange, Riverside, San Bernardino, Los Angeles, and Ventura Counties as critical habitat for the coastal California gnatcatcher (USFWS 2007). The project site is not located within the designated critical habitat area for this species. Coastal California gnatcatchers are known from several locations within the project vicinity including upper portions of Buck Gully (north of Pacific Coast Highway) and Crystal Cove State Park (Orange County 1996), San Diego Creek (BonTerra Consulting 2007), and Bonita Canyon Reservoir (CDFG 2009). Ms. Sandy Marquez June 15, 2009 Page 3 Survey Methodology The USFWS's survey protocol for the coastal California gnatcatcher recommends three visits to all potentially occupied habitat areas within participating NCCP jurisdictions (USFWS 1997a, 1997b). Although surveys may be conducted year-round, the USFWS recommends conducting surveys in the gnatcatcher breeding season, which extends from March 15 to June 30. All visits must take place during the morning hours, and no more than 100 acres of suitable habitat may be surveyed per visit. Following the USFWS protocol for the species, BonTerra Consulting Senior Ecologist Amber Oneal (USFWS Permit #TE148554-1) conducted three surveys for the gnatcatcher on April 10, 20, and 30, 2009. Ms. Oneal also surveyed the project site for least Bell's vireo (Vireo bellii pusillus) on May 11, 21, and June 1 and 11, 2009, and would have noted any gnatcatchers if incidentally observed. Ms. Oneal avoided weather conditions that were too cold (below 55 degrees Fahrenheit [°F% too hot (above 950F), or too windy (wind speed greater than 15 miles per hour) in order to meet the weather conditions under the USFWS survey protocol requirements for optimal gnatcatcher detection. Ms. Oneal conducted the surveys by slowly walking through all appropriate habitats while listening and watching for gnatcatcher activity, and by using a combination of taped recordings of gnatcatcher vocalizations and "pishing" sounds to elicit responses from any gnatcatchers present. The frequency of vocalization playback and "pishing" varied depending on conditions such as habitat patch size, topography in each area, and ambient noise conditions. All bird species detected during the survey were recorded, including notable observations of special status species or other birds (Appendix B). Survey Results No coastal California gnatcatchers were observed during the surveys. During the surveys, Ms. Oneal noted that much of the southern coastal bluff scrub is watered with overhead irrigation regularly, which may deter birds from nesting within the irrigated area. A complete list of wildlife species observed during the surveys is included in Appendix B. Yellow warbler, a California Department of Fish and Game (CDFG) Species of Special Concern, was observed in the southern arroyo willow forest in April and May 2009, but it was not observed during the two June 2009 visits to date. A California Natural Diversity Database (CNDDB) form will not be submitted for this species unless the species is observed on one of the remaining least Bell's vireo/southwestern willow flycatcher survey visits and breeding is confirmed in the survey area. Otherwise, the individuals observed will be assumed to be migrants. BonTerra Consulting has appreciated the opportunity to assist with this project. Please contact me at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING dto.?'t ZS Amber S. Oneal Senior Project Manager/Ecologist Ms. Sandy Marquez June 15, 2009 Page 4 I certify that the information in this survey report and enclosed exhibits fully and accurately present my work. Amber S. Oneal Senior Project Manager/Ecologist (TE -148554-1) Attachments: Exhibits 1, 2, 3, and 4 Appendix A — Site Photographs Appendix B — Wildlife Compendium cc: Iris Lee, City of Newport Beach, Il-ee@city.newport-beach.ca.us Richard Beck, RBF Consulting, RBECK@rbf.com RAProjects\RBFU437\CAGN Survey-061509.doc REFERENCES Atwood, J.L. and J.S. Bolsinger. 1992. Elevational Distribution of the California Gnatcatchers in the United States. Journal of Field Ornithology 64(2):159-168. Waco, TX: Ornithological Societies of North America. Atwood, J.L., D.R. Bontrager, and A.L. Gorospe. 1998. Use of Refugia by California Gnatcatchers Displaced by Habitat Loss. Western Birds 29: 406-412. San Diego, CA: Western Field Ornithologists. Atwood, J.L. and D.R. Bontrager. 2001. California Gnatcatcher (Polioptila californica). The Birds of North America, No. 574 (A. Poole and F. Gill, Eds.). Philadelphia, PA: The Academy of Natural Sciences. Atwood, J.L. and S.B. Lerman. 2006. Family Polioptilidae (Gnatcatchers). Handbook of the Birds of the World. Vol. 11: Old World Flycatchers to Old World Warblers (J. del Hoyo, A. Elliott, and D.A. Christie, Eds.). Barcelona, Spain: Lynx Edicions. Atwood, J.L. 1990. Status Review of the California Gnatcatcher (Polioptila californica). Manomet, MA: Manomet Bird Observatory. BonTerra Consulting. 2007 (September 24). Results of Coastal California Gnatcatcher Survey for the San Diego Creek Project Site, City of Irvine, Orange County, California (a Letter Report to S. Marquez at the U.S. Fish and Wildlife Service). Costa Mesa, CA: BonTerra Consulting. California Department of Fish and Garne (CDFG). 2009 (Niay). Caiifon-ya Natural Diversii (RareFind) Database. Records of Occurrence for the USGS Newport and Laguna Beach 7.5 -minute quadrangles. Sacramento, CA: CDFG, Natural Heritage Division. Campbell, K.F., R.A. Erickson, W.E. Haas, and M.A. Patten. 1998. California Gnatcatcher Use of Habitats Other Than Coastal Sage Scrub: Conservation and Management Implications. Western Birds 29: 421-433. San Diego, CA: Western Field Ornithologists. Ms. Sandy Marquez June 15, 2009 Page 5 Mellink, E. and A.M. Rea. 1994. Taxonomic Status of the California Gnatcatchers of Northwestern Baja California, Mexico. Western Birds 25: 50-62. San Diego, CA: Western Field Ornithologists. Orange, County of. 1996 (July). Natural Community Conservation Plan and Habitat Conservation Plan, County of Orange, Central and Coastal Subregion. Santa Ana, CA: the County. U.S. Fish and Wildlife Service (USFWS). 2007 (December 19). Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica californica); Final Rule. Federal Register 72(243): 72009-72213. Washington, D.C.: USFWS. 2003 (April 24). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica californica) and Determination of Distinct Vertibrate Population Segment for the California Gnatcatcher (Polioptila californica); Proposed Rule. Federal Register 68(79): 20227-20312. Washington, D.C.: USFWS. 1997a (February 28). Coastal California Gnatcatcher (Polioptila californica californica). Presence/Absence Survey Guidelines. Washington, D.C.: USFWS. 1997b (July 28). Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Protocol. Washington, D.C.: USFWS. 1993. Endangered and Threatened Wildlife and Plants; Threatened Coastal California Gnatcatcher; Final Rule and Proposed Special Rule. Federal Register.58(59): 16742-16759. Washington, D.C.: USFWS. Lancaster Palmdale _ 3 14 Angeles National t x f Forest Pasadena Los West Covina so Whittier 2 Oran_ e :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 O Long Beach tmi iser 22 � s= Cleveland � QM � L W National O J � :5� Rancho Cucamonga Ontario Victorville Apple Valley Hesperia 3 fffi� 30 Rialto San Bernardino �lao Riverside Moreno Valley 91 57 Yorba Linda 19 Lak ood Corona Buena rk �` Lake J Anaheim �p� Mathews Perris Carson 4 Long Beach tmi iser 22 S Beach Santa Ana s Cleveland National 39 55 Forest Hu ingt n Costa M a 4 Canyon Be h Irvine ancho Santa Project Location Margarita Lake 's 73 fission Viejo 74 Elsinore ! •rid �' 4ip ';P} L una Beach e - PACIFIC g San Juan o OCEAN Capistrano San e 1 Diego s Regional Location Buck Gully N W 10 5 0 10 S Miles Exhibit 1 C O N S U L r l N G /Graph ics/EX1 _RL_011808. pdf Quadrangle I Newport Beach Quadrangle - Laguna Beach Q r -'Ej. I %\ Y" 7-- W X A S J, 74 Q., % A. 'TU I V-, N 0". I. IU i I ILA Or I I L I I 1 6 Z: 4- J 62 r ";,o 1; 74� Ti� Corona del X 1:7 1wh it L Arch Rock ikl. . 7 IL "P I 16. .4 S� Pelican m Local Vicinity Buck Gully N W� E 2,000 1,000 0 2,000 s mmmmmmmmm�R Feet —STu—rce-. US7GSCa—guna Be—c6 Beach 7.5 Minute Digital Exhibit 2 C 0 N 5 U L T I N G `/Graphics/Ex2 LV_012408.pdf y ti. -N A 5 N 4 Ar 'A Yly 4- M. N01 •S, IF' fey Approximate Survey Area Project Site Buck Gully N `� ' 400 200 s I_- Exhibit 3 0 400 Feet co N5 UL TING R:/Pmjects/RBF/J437/Graphics/Ex3_PmjSite 012408.pdf bp Vegetation Types and Other Areas Exhibit 4 Buck Gully N 150 75 0 150 Co_�� C0 N S U L i 1 N G S Feet R:/Projects/RBF/J437/Graphics/ex4_veg_012408. pdf APPENDIX A SITE PHOTOS a 0 Overview of the southern coastal bluff scrub at the southern (coastal) end of the survey area. 11 W 'J.: Nr �-- _ - �_ r Jif _ �-_ �_ .� • _ - ! _' �, Closer view of the southern coastal bluff scrub. Site Photographs Buck Gully Exhibit A-1 C0 N S U L T I N G R:/Projects/RBF/J437/Graphics/CAG N/ExA1 _sp_060909. pdf 0 View of the irrigation of the southern coastal bluff scrub. View of the chenopod scrub adjacent to Pacific Coast Highway at the northern end of the survey area. Site Photographs Buck Gully Exhibit A-2 C0 N S U L T I N G RIProjects/RB F/A 37/G raph ics/CAG N/ExA2_s p2_06090 9. pdf 0 -_ =S. �• a_ n ri• ~+'4G" -'.moi. _ .. `CF�:.� "T' � f .�_� View from the beach at the southern end of the survey area looking upstream (north) toward the gully. Coastal sage scrub species (e.g., coyote brush and California sagebrush) occur along the fringes of the freshwater marsh. View from within the freshwater marsh looking west towards the walkway down to the beach showing small patch of coastal sage scrub species. Site Photographs Buck Gully Exhibit A-3 C0 N S U L T I N G R:/Projects/RBF/J437/Graphics/CAGN/ExA3_sp3_060909. pdf APPENDIX B WILDLIFE COMPENDIUM Buck Gullv Proiect Site WILDLIFE COMPENDIUM Wildlife Species Observed During Special Status Bird Species Surveys in Buck Gully April—June 2009 Amphibians HYLIDAE — TREEFROGS Pseudacris [Hyla] sp. treefrog Reptiles PHRYNOSOMATIDAE — ZEBRA -TAILED, FRINGE -TOED, SPINY, TREE, SIDE - BLOTCHED, AND HORNED LIZARDS Sceloporus occidentalis western fence lizard Birds ANATIDAE — WATERFOWL Anas platyrhynchos mallard PELECANIDAE — PELICANS Pelecanus occidentalis brown pelican PHALACROCORACIDAE — CORMORANTS Phalacrocorax penicillatus Brandt's cormorant Phalacrocorax auritus double -crested cormorant ARDEIDAE — HERONS Egretta thula snowy egret Nycticorax nycticorax black -crowned night -heron ACCIPITRIDAE — HAWKS Pandion haliaetus osprey HAEMATOPODIDAE — OYSTERCATCHERS Haematopus bachmani black oystercatcher SCOLOPACIDAE — SANDPIPERS AND PHALAROPES Tringa [Catoptrophorus] semipalmata willet Numenius phaeopus whimbrel Numenius americanus long -billed curlew Arenaria interpres ruddy turnstone Arenaria melanocephala black turnstone Calidris mauri western sandpiper LARIDAE — GULLS AND TERNS Larus delawarensis ring -billed gull Larus occidentalis western gull Hydroprogne caspia Caspian tern Sterna forsteri Forster's tern R:\Projects\RBF\J437\CAGN Survey-061509.doc B-1 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE COMPENDIUM (Continued) Wildlife Species Observed During Special Status Bird Species Surveys in Buck Gull COLUMBIDAE — PIGEONS AND DOVES Zenaida macroura mourning dove TROCHILIDAE — HUMMINGBIRDS Calypte anna Anna's hummingbird Selasphorus sasin Allen's hummingbird PICIDAE — WOODPECKERS Picoides nuttallii Nuttall's woodpecker Picoides pubescens downy woodpecker TYRANNIDAE — TYRANT FLYCATCHERS Empidonax sp. Empid flycatcher Empidonax difficilis Pacific -slope flycatcher Sayornis nigricans black phoebe Myiarchus cinerascens ash -throated flycatcher VIREONIDAE — VIREOS Vireo huttoni Hutton's vireo Vireo gilvus warbling vireo CORVIDAE — JAYS AND CROWS Corvus brachyrhynchos American crow Corvus corax common raven HIRUNDINIDAE — SWALLOWS Stelgidopteryx sern.pennis northern rough -winged swallow Petrochelidon pyrrhonota cliff swallow Hirundo rustica barn swallow AEGITHALIDAE — BUSHTITS Psaltriparus minimus bushtit TROGLODYTIDAE — WRENS Thryomanes bewickii Bewick's wren Troglodytes aedon house wren REGULIDAE — KINGLETS Regulus calendula ruby -crowned kinglet TURDIDAE — THRUSHES AND ROBINS Catharus ustulatus Swainson's thrush TIMALIIDAE — WRENTITS Chamaea fasciata wrentit RAProjects\RBF\J437\CAGN Survey-061509.doc B-2 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE COMPENDIUM (Continued) Wildlife Species Observed During Special Status Bird Species Surveys in Buck Gull MIMIDAE — THRASHERS Mimus polyglottos northern mockingbird STURNIDAE — STARLINGS Sturnus vulgaris European starling* BOMBYCILLIDAE — WAXWINGS Bombycilla cedrorum cedar waxwing PARULIDAE — WARBLERS Vermivora celata orange -crowned warbler Vermivora ruficapilla Nashville warbler Dendroica petechia yellow warbler Dendroica coronata yellow-rumped warbler Dendroica occidentalis hermit warbler Geothlypis trichas common yellowthroat Wilsonia pusilla Wilson's warbler THRAUPIDAE — TANAGERS Piranga ludoviciana western tanager EMBERIZIDAE — SPARROWS AND JUNCOS Pipilo maculatus spotted towhee Pipilo crissalis California towhee Melospiza melodia song sparrow CARDINALIDAE — GROSBEAKS AND BUNTINGS Pheuticus melanocephalus black -headed grosbeak ICTERIDAE — BLACKBIRDS Agelaius phoeniceus red -winged blackbird Molothrus ater brown -headed cowbird Icterus cucullatus hooded oriole Icterus bullockii Bullock's oriole FRINGILLIDAE — FINCHES Carpodacus mexicanus house finch Carduelis psaltria lesser goldfinch Carduelis tristis American goldfinch R:\Projects\RBF\J437\CAGN Survey-061509.doc B-3 Wildlife Compendium Buck Gullv Proiect Site WILDLIFE COMPENDIUM (Continued) Wildlife Species Observed During Special Status Bird Species Surveys in Buck Gull SCIURIDAE - SQUIRRELS Spermophilus beecheyi California ground squirrel introduced species Includes all species observed to date (least Bell's vireo and southwestern willow flycatcher surveys are in progress) R:\Projects\RBF\J437\CAGN Survey-061509.doc B-4 Wildlife Compendium FBF ■ CONSULTING May 3, 2010 CITY OF NEWPORT BEACH Attention: Ms. Iris Lee 3300 Newport Boulevard Newport Beach, CA 92663 SUBJECT: Buck Gully Canyon Restoration Project: Jurisdictional Update Dear Ms. Lee: JN 10-104465 RBF conducted the fieldwork for the enclosed Delineation of State and Federal Jurisdictional Waters (Delineation) on March 6, 2007. Since that time project design plans have become more detailed and jurisdictional impacts have become more defined. The proposed project would permanently impact approximately 0.52 -acre of Corps/Regional Board waters of the U.S., of which 0.06 -acre is permanent. Impacts to California Department of Fish and Game jurisdiction consist of 1.84 acres, of which 0.32 are permanent. Additionally, the project would impact 2.31 acre of California Coastal Commission jurisdiction, of which 0.32 are permanent. Impacts are associated with the placement of three drop structures and five bend -way weirs to control erosion/sedimentation processes and restore Buck Gully to a healthy condition. Please note that based on a detailed review of the current site conditions and project design plans, our research has indicated that it will be necessary to successfully obtain the following permits prior to commencement of any construction activities within the delineated jurisdictional areas: • U.S. Army Corps of Engineers, Clean Water Section 404 Nationwide Permit; • Santa Ana Regional Water Quality Control Board Clean Water Act Section 401 Water Quality Certification; • California Department of Fish and Game 1602 Streambed Alteration Agreement; and, • California Coastal Commission Coastal Development Permit Sincerely, Richard Beck Regulatory Manager Environmental and Regulatory Services PLANNING ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618-2027 ■ P0. Box 57857, Irvine, CA 92619.7057 ■ 949.472.3505 r Fax 949.472.8373 Offices located throughout California, Arizona & Nevada ■ www.RBF.com pnnlea on recycled paper BUCK GULLY CANYON RESTORATION PROJECT CITY OF NEWPORT BEACH CALIFORNIA Delineation of State and Federal Jurisdictional Waters Prepared For: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Contact: Ms. Iris Lee 949/644-3311 Prepared By: RBF Consulting 14725 Alton Parkway Irvine, California 92618 Contact: Mr. Wesley Salter 949/330-4176 February 11, 2008 10-104465 BUCK GULLY CANYON RESTORATION PROJECT CITY OF NEWPORT BEACH, CALIFORNIA Delineation of State and Federal Jurisdictional Waters The undersigned certify that this report is a complete and accurate account of the findings and conclusions of a jurisdictional "waters of the U.S." (including wetlands) and "waters of the State" determination for the above -referenced project. Wesley Salter Regulatory Specialist Planning and Environmental Services Richard Beck, REA Regulatory Manager Planning and Environmental Services February 11, 2008 Executive Summary At the request of the City of Newport Beach (City), RBF Consulting (RBF) has prepared this Delineation of Jurisdictional Waters for the Buck Gully Canyon Restoration Project, located in the City of Newport Beach, County of Orange, California. The fieldwork for this delineation was conducted on March 6, 2007. This delineation documents the regulatory authority of the U.S. Army Corps of Engineers (Corps), Santa Ana Regional Water Quality Control Board (Regional Board), California Department of Fish and Game (CDFG), and California Coastal Commission (CCC) pursuant to the Federal Clean Water Act (CWA), California Porter -Cologne Water Quality Control Act, California Fish and Game Code, and California Coastal Act. The project area was surveyed pursuant to the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Corps, 2006); the Practices for Documenting Jurisdiction under Section 404 of the CWA Regional Guidance Letter (Corps, 2007); and the Field Guide to Lake and Streambed Alteration Agreements Section 1600-1607 (CDFG, 1994). Please note that based on a detailed review of current site conditions, our research has indicated that it will be necessary for the project applicant to successfully obtain the following permits prior to commencement of any construction activities within the delineated jurisdictional areas: Corps 404 Nationwide Permit (NWT), Regional Board 401 Water Quality Certification, CDFG 1602 Streambed Alteration Agreement, and CCC Coastal Development Permit (CDP). Table ES -1, Summary Table, identifies each regulatory agency and their corresponding jurisdiction. TABLE ES -1. Summary Table Buck Gully Canyon Restoration Project ES -1 Jurisdictional Jurisdictional Required Agency Acreage Impact Acreage Permits (Temporary) U.S. Army Corps of Engineers 0.86 0.55 NWP Regional Water Quality Control Board 0.86 0.55 401 Certification California Department of Fish and 4.42 1.86 1602 SAA Game California Coastal Commission 4.42 1.86 CDP Buck Gully Canyon Restoration Project ES -1 Executive Summary .......................................... This report presents RBF's best effort at determining the jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies. However, as with any jurisdictional delineation, only the regulatory agencies can make a final determination of jurisdiction. Generally, this would be a written concurrence in the form of a Jurisdictional Determination (JD) letter. Buck Gully Canyon Restoration Project ES -2 Table of Contents 1.0 INTRODUCTION AND PURPOSE............................................................................1 1.1 Project Site Background....................................................................................1 1.2 Project Description.............................................................................................1 2.0 SUMMARY OF REGULATIONS...............................................................................6 2.1 U.S. Army Corps of Engineers...........................................................................6 USGS Topographic Quadrangle......................................................................21 2.2 Regional Water Quality Control Board............................................................... 8 2.3 California Department of Fish and Game...........................................................9 Soil Survey......................................................................................................22 2.4 California Coastal Commission........................................................................11 Hydric Soils List of California...........................................................................23 2.5 Activities Requiring Permits.............................................................................13 Local Climate...................................................................................................23 3.0 METHODOLOGY....................................................................................................14 3.1 Waters of the U.S. and State...........................................................................14 3.2 Wetlands..........................................................................................................14 3.3 SWANCC Waters............................................................................................19 3.4 Rapanos Waters..............................................................................................19 4.0 LITERATURE REVIEW...........................................................................................21 4.1 USGS Topographic Quadrangle......................................................................21 4.2 Aerial Photograph............................................................................................ 22 4.3 Soil Survey......................................................................................................22 4.4 Hydric Soils List of California...........................................................................23 4.5 Local Climate...................................................................................................23 4.6 Flood Zone......................................................................................................24 4.7 General Plan....................................................................................................24 4.8 Watershed Review...........................................................................................24 5.0 SITE CONDITIONS.................................................................................................25 5.1 Limitations.......................................................................................................25 5.2 Vegetation.......................................................................................................25 5.3 Hydrology........................................................................................................25 5.4 Soils.................................................................................................................25 6.0 FINDINGS...............................................................................................................28 6.1 U.S. Army Corps of Engineers Determination..................................................28 .......................................................................................................................................................................................................................................... . Buck Gully Canyon Restoration Project i Table of Contents 6.2 Regional Water Quality Control Board Determination......................................28 6.3 California Department of Fish and Game Determination .................................. 30 6.4 California Coastal Commission Determination................................................. 30 7.0 REGULATORY APPROVAL PROCESS.................................................................31 7.1 U.S. Army Corps of Engineers.........................................................................31 7.2 Regional Water Quality Control Board............................................................. 32 7.3 California Department of Fish and Game.........................................................33 7.4 California Coastal Commission........................................................................ 34 7.5 Global Recommendations................................................................................34 8.0 REFERENCES........................................................................................................ 35 LIST OF EXHIBITS 1. Regional Vicinity........................................................................................................2 2. Site Vicinity................................................................................................................3 3. Project Site................................................................................................................4 4. On -Site Photographs............................................................................................... 26 5. Jurisdictional Map....................................................................................................29 TABLES 1. Topographic Summary ............................................................................................22 2. Project Site Summary ..............................................................................................24 APPENDIX A. Wetland Data Forms B. Nationwide Permit Summary Buck Gully Canyon Restoration Project ii List of Acronyms LIST OF ACRONYMS BMP Best Management Practices CCC California Coastal Commission CCMP California Coastal Management Program CDFG California Department of Fish and Game CDP Coastal Development Permit CEQA California Environmental Quality Act CWA Clean Water Act CZMP Coastal Zone Management Plan DBH Diameter at Breast Height EPA Environmental Protection Agency FAC Facultative Vegetation FACU Facultative Upland Vegetation FACW Facultative Wetland Vegetation IP Individual Permit JD Jurisdictional Determination MSL Mean Sea Level NRCS Natural Resources Conservation Service NWP Nationwide Permit OBL Obligate Wetland Vegetation OHWM Ordinary High Water Mark RBF RBF Consulting ROWD Report of Waste Discharge RPW Relatively Permanent Waters SAA Streambed Alteration Agreement SBBM San Bernardino Base and Meridian SR State Route SWANCC Solid Water Agency of Northern Cook County TNW Traditional Navigable Water UPL Obligate Upland Vegetation USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service USGS United States Geological Survey WDR Waste Discharge Requirement WOUS Waters of the United States Buck Gully Canyon Restoration Project iii Section 1 Introduction and Purpose This delineation was prepared for the City of Newport Beach (City) in order to delineate the U.S. Army Corps of Engineers' (Corps), Santa Ana Regional Water Quality Control Board's (Regional Board), California Department of Fish and Game's (CDFG), and California Coastal Commission's jurisdictional authority for drainages located within the Buck Gully Canyon Restoration Project, herein referred to as the project site. The project site is located within the City of Newport Beach, County of Orange, State of California, T.7S, R.9W, San Bernardino Base and Meridian (SBBM) (refer to Exhibit 1, Regional Vicinity). Specifically, the project site is located upstream from the Pacific Ocean and extends northeast to Pacific Coast Highway (PCH) (refer to Exhibit 2, Site Vicinity). The project site is situated within Buck Gully Canyon. This delineation has been designed to document the authority of the regulatory agencies, the methodology undertaken by RBF Consulting (RBF) to document jurisdictional authority, and the findings made by RBF within the boundaries of the project site. This report presents our best effort at determining the jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies; however, only the regulatory agencies can make a final determination of jurisdictional boundaries. 1.1 PROJECT SITE BACKGROUND The project site is located within the coastal zone and is within a preserve area designated by the Coastal Subregion of Orange County's Natural Community Conservation Plan/Habitat Conservation Plan (refer to Exhibit 3, Project Site). The project site is surrounded by residential uses. On-site elevations range from approximately 10 feet above mean sea level (msl) to 100 feet above msl. Buck Gully consists of a natural stream draining a watershed of about two (2) square miles. Urbanized effects (i.e. encroachments, sediment loss, reduction in pervious areas, invasive plants, nuisance runoff, etc.) over the past 50 years have impacted the stream; particularly in the downstream reach from PCH to Little Corona Beach. Erosion and dynamic sediment processes have resulted in split flows, debris islands, and low -flow impingement along the toe of canyon slopes. 1.2 PROJECT DESCRIPTION The proposed project consists of sedimentation control measures for the purposes of aquatic restoration and enhancement. Restoration efforts will include three (3) outfall structures, five (5) gabian structures or groyns, and associated grading. A large temporary easement will be Buck Gully Canyon Restoration Project 1 SAN B E R NARD I NO COUNTY LOS ANG ELES COUNTY 1 I, 1 La Brea Habra - - IMPERIAL HWY.. Yorba `\ 1 Linda' © r 1 YORBA LINDA BLVD. IN,Ila -=J J Buena Fullerton ' ' Park Anaheim Hills Anaheim o RIVERSIDE Cypress ® Villa `` COUNTY Park _ ee Los KATELLA AVE. 2 ' oOrange Alamitos CHAPMAN AVE. Garden ORANGE ' = Grove Is Tustin e°Q e sgNTgcp COUNTY � ` 1 ° Santa ® ; Ana EDINGER AVE. 2 Seal WARNER AVE. Beach 9G `\ O Irvme�°FtiT rr� F9 Costa P° �9 Lake Huntington Mesa o Forest Beach m Q° tS00 ® P DO �� SGP 9,�ryS OUIN H(<S 'o ' pRRIDpR a Newport ® Beach � Mission %, j Viejo to Laguna I o Project Niguel Laguna Site �` L Beach \ 2 l � 1 Q O y 0 �� San Juan 1 1 � 4 Capistrano ' w Ip Da a i C Point � O a C Clemente '� SAN D I E G O I COUNTY WF . CONSULTING IQnot to scale 1/24/06 JN 10-104465-12599 Project Site BUCK GULLY CANYON RESTORATION PROJECT • JURISDICTIONAL DELINEATION Regional Vicinity Exhibit 1 z 117°52'00" W 117°51'00" W 117°50'00" W WGS64117°49'00" W z k L 3s c r 4'�1 t III���yyy I z — p 1 I� A 17MN 117°52'00'W 117°51'00" W W "iit117°50'00" L3%- ° s Project Site p�. ffF[ U (m IWI Win emtr5"mmeol oYAll x.I�.lo�.wm�.i.a.,m,AsomJ BUCK GULLY CANYON RESTORATION PROJECT 0 25 00' • JURISDICTIONAL DELINEATION Q Site Vicinity ® I coNauLF '"YA"N10.101�'$p Exhibit 2 i I i • M - e ♦ - ,'�• � \, � !•h tel+ -v„ *�' s, y,�' y. \•��` ,�� ,♦ � / - • R'' +� �,+�'.~ � "� ,y �' ' •�, ,fit C�`�R � - +r•`�✓ �' iYy (yJ1 77•• � � —k U�-_ ~ '•r Asa ..Ail'\� BUCK GULLY CANYON RESTORATION PROJECT Project Site • JURISDICTIONAL DELINEATION 91M.M111-IM.-U.. not to scale Project Site CONSULTING Exhibit 3 Introduction and Purpose utilized during restoration activities. A smaller permanent easement will be uitilized to encompass the area for the three (3) drop structures and five (5) gabion structures. Once the gabion structrures are installed, the project site shall be replanted within in-kind native seed mix so that vegetation cover can re-establish. Native vegetation will be allowed to grow through all structures associated with restoration activities. Vegetation maintenance is not anticipated to occur as a result of the proposed restoration activities. Buck Gully Canyon Restoration Project 5 Section 2 Summary of Regulations There are four (4) key agencies that regulate activities within coastal streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean Water Act (CWA), and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates activities under the Fish and Game Code Section 1600-1616, the Regional Board regulates activities pursuant to Section 401 of the CWA and the California Porter -Cologne Water Quality Control Act, and the CCC regulates development activities pursuant to the California Coastal Act of 1976. 2.1 U.S. ARMY CORPS OF ENGINEERS The Corps has regulatory authority over the discharge of dredged or fill material into the waters of the United States (WoUS) under Section 404 of the CWA. The Corps and Environmental Protection Agency (EPA) define "fill material" to include any "material placed in waters of the United States where the material has the effect of. (i) Replacing any portion of a water of the United States with dry land; or (ii) Changing the bottom elevation of any portion of the waters of the United States." Examples include, but are not limited to sand, rock, clay, construction debris, wood chips, and "materials used to create any structure or infrastructure in the waters of the United States." The term WoUS includes the following: (1) all waters that have, are, or may be used in interstate or foreign commerce (including sightseeing or hunting), including all waters subject to the ebb and flow of the tide; (2) wetlands; (3) all waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds; the use, degradation or destruction of which could affect interstate or foreign commerce; (4) all impoundments of water mentioned above; (5) all tributaries of waters mentioned above; (6) the territorial seas; and, (7) all wetlands adjacent to the waters mentioned above. Wetlands, a subset of jurisdictional waters, are jointly defined by the Corps and EPA as "those areas that are inundated or saturated by surface or groundwater at a frequency and Buck Gully Canyon Restoration Project 6 Summary of Regulations duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (33 CFR §328.3(b)) ". Wetlands generally include swamps, marshes, bogs, and similar areas. The process in which jurisdictional areas (if any) are identified is further discussed in Section 3.0, Methodology. The Corps' regulatory program continues to evolve due to court rulings associated with litigation. The following court cases have further defined the Corps' jurisdiction: 2.1.1 SWANCC (Isolated Conditions) A significant change in federal wetland regulation occurred on January 9, 2001, when the U.S. Supreme Court issued the decision on Solid Waste Agency of Northern Cook County v. Corps (SWANCC). The CWA Section 404 only regulates "navigable waters." In the past, the Corps and EPA interpreted the term WoUS broadly, to the extent that it reflected Congress' intention to regulate all waters that the Congress could constitutionally regulate under its commerce power (Commerce Clause). Specifically, if the water had any possible connection to interstate commerce, it fell within the scope of the CWA and under the Corps' jurisdiction. The Corps stated that WoUS includes, among other things, intrastate waters: (1) that are or would be used as habitat by birds protected by migratory bird treaties; or (2) that are or would be used as habitat by other migratory birds that cross state lines; or (3) that are or would be used as habitat for endangered species; or (4) that are or would be used to irrigate crops sold in interstate commerce. This approach was referred to as The Migratory Bird Rule. Although the SWANCC site was not a wetland, the Corps found that approximately 121 bird species dependent on aquatic environments were observed at the site, therefore, the site contained jurisdictional waters. SWANCC sued to challenge the Corps' jurisdiction over the site, claiming that the Corps could not regulate non -navigable, isolated, intrastate waters based on the presence of migratory birds, and that Congress lacked authority under the Commerce Clause to grant the Corps such jurisdiction in any event. Overall, the U.S. Supreme Court reversed the finding and invalidated the Migratory Bird Rule. It held that the rule is not a fairly supported interpretation of the term WoUS, and the Corps exceeded its jurisdiction by interpreting the CWA's reach to include isolated, inland, non -navigable waters. This delineation reflects the U.S. Supreme Court's decision and guidance from the Corps, which indicates non -navigable, isolated, intrastate waters (based on the presence of migratory birds) are no longer under the Corps' jurisdiction. Buck Gully Canyon Restoration Project 7 Summary of Regulations 2.1.2 Rapanos (Significant Nexus) The June 19, 2006, U.S. Supreme Court decision on the Rapanos v. United States (Rapanos) case further limited the definition of wetlands and WoUS under the CWA. The Rapanos decision was a 4-1-4 decision in which four justices advocated a narrower interpretation of the CWA to hold that WoUS excludes intermittent or ephemeral streams and wetlands without a continuous surface connection to navigable waters. The Corps and EPA released a memorandum on June 5, 2007, in order to provide guidance in implementing the U.S. Supreme Court's Rapanos decision. In accordance with the Rapanos decision, the Corps will continue to assert jurisdiction over traditional navigable water (TNW) and all wetlands adjacent to TNWs; however, jurisdiction can be asserted over a waters, including wetlands, that is not a TNW by meeting either of the following standards: (1) Relatively permanent (RPW) non -navigable tributaries of TNW and wetlands with a continuous surface connection with such tributaries; or, (2) Certain adjacent and non -navigable tributaries that are not relatively permanent. This requires a case-by-case "significant nexus" analysis to determine whether waters and their adjacent wetlands are jurisdictional. A "significant nexus" may be found where waters, including adjacent wetlands, affect chemical, physical or biological integrity of TNWs. This delineation reflects the U.S. Supreme Court's decision and guidance from the Corps, which requires a significant nexus for waters and wetlands in the absence of TNWs. 2.2 REGIONAL WATER QUALITY CONTROL BOARD The nine (9) Regional Boards have the responsibility for protecting water quality in California. The Regional Board regulates discharges to surface waters under the Federal CWA and the California Porter -Cologne Water Quality Control Act. The Regional Board's jurisdiction extends to all waters of the State (including SWANCC and Rapanos conditions) and to all WoUS (including wetlands). Section 401 of the CWA gives the Regional Board the authority to regulate through 401 Certification any proposed federally permitted activity, which may affect water quality. Among such activities are discharges of dredged or fill material permitted by the Corps pursuant to Section 404 of the CWA. Section 401 requires the Regional Board to provide "certification that there is reasonable assurance that an activity which may result in the discharge to waters of the United States will not violate water quality standards." Water Quality Certification must be based on a finding that the proposed discharge will comply Buck Gully Canyon Restoration Project 8 Summary of Regulations with water quality standards, of which are found as numeric and narrative objectives in each of the Regional Board's Basin Plan. The California Porter -Cologne Water Quality Control Act gives the State very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline waters. The Porter -Cologne has become an important tool in the post SWANCC and Rapanos decisions, with respect to the State's authority over isolated and insignificant waters. Generally, any person proposing to discharge waste into a water body that could affect its water quality must file a Report of Waste Discharge (ROWD), should there be no Section 404/401 nexus. Although "waste" is partially defined as any waste substance associated with human habitation, the Regional Board also interprets this to include fill discharged into water bodies. 2.3 CALIFORNIA DEPARTMENT OF FISH AND GAME Historically, the State of California regulated activities in rivers, streams, and lakes pursuant to Sections 1600-1607 of the California Fish and Game Code. Legislation that took effect on January 1, 2004 repealed Fish and Game Code Sections 1600-1607 and added Fish and Game Code Sections 1600-1616. There is no longer separation between private/public notifications (previously 1601/1603). Fish and Game Code Sections 1600-1616 establish a fee based process to ensure that projects conducted in and around lakes, rivers, or streams do not adversely impact fish and wildlife resources, or, when adverse impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided. Fish and Game Code Section 1602 requires any person, state or local governmental agency, or public utility to notify the CDFG before beginning any activity that will do one or more of the following: (1) substantially obstruct or divert the natural flow of a river, stream, or lake; (2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or (3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake. This notification process is referred to as a 1602 Streambed Alteration Agreement (SAA). Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state. Jurisdictional limits of the CDFG are not as clearly defined by regulation as those of the Corps. While they closely resemble the limits described Buck Gully Canyon Restoration Project 9 Summary of Regulations by Corps regulations, they include riparian habitat supported by a river, stream, or lake regardless of the presence or absence of hydric soils and saturated soil conditions. Generally, the CDFG takes jurisdiction to the top of bank of the stream or to the outer limit of the adjacent riparian vegetation (outer drip line), whichever is greater. Notification is generally required for any project that will take place in or in the vicinity of a river, stream, lake, or their tributaries. This includes rivers or streams that flow at least periodically or permanently through a bed or channel with banks that support fish or other aquatic life and watercourses having a surface or subsurface flow that support or have supported riparian vegetation. Any of the below criteria could be applicable in determining what constitutes a stream depending on the potential for the proposed activity to adversely affect fish and other stream - dependent wildlife resources. (1) The term stream can include intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue -line streams based on United States Geological Survey (USGS) maps, and watercourses with subsurface flows. Canals, aqueducts, irrigation ditches, and other means of water conveyance can also be considered streams if they support aquatic life, riparian vegetation, or stream -dependent terrestrial wildlife. (2) Biological components of a stream, may include aquatic and riparian vegetation, all aquatic animals including fish, amphibians, reptiles, invertebrates, and terrestrial species which derive benefits from the stream system. (3) As a physical system, a stream not only includes water (at least on an intermittent or ephemeral basis), but also a bed or channel, a bank and/or levee, instream features such as logs or snags, and various flood plains depending on the return frequency of the flood event being considered (i.e. 10, 50, or 100 years, etc). (4) The lateral extent of a stream can be measured in several ways depending on a particular situation and the type of fish or wildlife resource at risk. The following criteria are presented in order from the most inclusive to the least inclusive: (a) The flood plain of a stream can be the broadest measurement of a stream's lateral extent depending on the return frequency of the flood event used. For most flood control purposes, the 100 -year flood plain exists for many streams. However, the 100 year flood plain may include significant amounts of upland or urban habitat and therefore may not be appropriate in many cases. (b) The outer edge of riparian vegetation is generally used as the line of demarcation between riparian and upland habitats and is therefore a Buck Gully Canyon Restoration Project 10 Summary of Regulations reasonable and identifiable boundary for the lateral extent of a stream. In most cases, the use of this criterion should result in protecting the fish and wildlife resources at risk. (c) Most streams have a natural bank which confines flows to the bed or channel except during flooding. In some instances, particularly on smaller streams or dry washes with little or no riparian habitat, the bank should be used to mark lateral extent of a stream. (d) A levee or other artificial stream bank would also be used to mark the lateral extent of a stream. However, in many instances, there can be extensive areas of valuable riparian habitat located behind a levee. 2.4 CALIFORNIA COASTAL COMMISSION The CCC was established by voter initiative in 1972 (Proposition 20) and later made permanent by the Legislature through adoption of the California Coastal Act of 1976. The CCC, in partnership with coastal cities and counties, plans and regulates the use of land and water in the coastal zone. Development activities, which are broadly defined by the Coastal Act to include (among others) construction of buildings, divisions of land, and activities that change the intensity of use of land or public access to coastal waters, generally require a coastal permit from either the CCC or the local government. The Coastal Act includes specific policies that address issues such as shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. The policies of the Coastal Act constitute the statutory standards applied to planning and regulatory decisions made by the CCC and by local governments, pursuant to the Coastal Act. Jurisdictional Areas within the Coastal Zone: A comprehensive classification system of wetlands and deepwater habitats (also referred to as the "Cowardin Wetland Classification System") was developed for the U.S. Fish and Wildlife Service (USFWS) in order to create the National Inventory of Wetlands. Under this hierarchical system, classification is based on hydrologic regime, vegetative community, and to a lesser extent on water chemistry and soils. The classification includes both wetlands and deepwater habitats. The Cowardin system includes several layers of detail for wetland classification including: a subsystem of water flow, classes of substrate types, subclasses of Buck Gully Canyon Restoration Project 11 Summary of Regulations vegetation types and dominant species, as well as flooding regimes and salinity levels within the system. Overall, the Cowardin system and the Corps Section 404 regulations define wetlands differently. The most significant difference is that the Cowardin system defines wetlands to include mudflats and other wet areas that lack vegetation. According to the classification, the USFWS defines wetlands as follows: "Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominately hydrophytes; (2) the substrate is predominately undrained hydric soil; and (3) the substrate is non -soil and is saturated with water or covered by shallow water at some time during the growing season of each year." At the State and regional levels, the CDFG and the CCC, accept the USFWS definition and use it as a guide in identifying wetlands and in implementing their wetland policies. The Coastal Act (PRC Section 30121) defines "wetlands" as "lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens." In addition, the Coastal Act (PRC Section 30107.5) defines environmentally sensitive areas in a manner that would include rivers, streams or other aquatic habitat. The Coastal Act defines wetland fill (Section 30233(a)) as the following: The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal -dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland, provided, however, that in no Buck Gully Canyon Restoration Project 12 Summary of Regulations event shall the size of the wetland area used for such boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, be grater than 25 percent of the total wetland area to be restored. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (5) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource -dependent activities. 2.5 ACTIVITIES REQUIRING PERMITS Any development proposal that involves impacting drainages, streams, or wetlands on the site through filling, stockpiling, conversion to a storm drain, channelization, bank stabilization, road or utility line crossings, or any other modification would require permits from the Corps, the Regional Board, and the CDFG before any development could commence on the project site. Both permanent and temporary impacts are regulated and would therefore trigger the need for permits. There are two (2) different permit categories utilized by the Corps, which include either a Nationwide Permit (NWP) or Individual Permit (IP). The specific permit required is primarily based on project description and jurisdictional impacts. The Corps will not issue its authorization until the Regional Board completes the Section 401 Water Quality Certification. Processing of the 401 Certification with the Regional Board and 1602 SAA with the CDFG can occur concurrently with the Corps permit process, since the agencies can utilize the same information and analysis. A ROWD is required by the Regional Board if SWANCC or Rapanos waters are present. Applications to both the Regional Board and the CDFG require submittal of a valid California Environmental Quality Act (CEQA) document along with the application. Buck Gully Canyon Restoration Project 13 Section 3 Methodology Analysis presented in this document consists of field surveys and verification of current conditions conducted on March 6, 2007. While in the field, jurisdictional areas were recorded onto a base map at scale of 1" = 100' using the topographic contours and visible landmarks as guidelines. 3.1 WATERS OF THE U.S. AND STATE The limits of the Corps' jurisdiction in non -tidal waters extend to the ordinary high water mark (OHWM), which is defined as " ... that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas (33 CFR §328.3(e))." An OHWM can be determined by the observation of a natural line impressed on the bank; shelving; changes in the character of the soil; destruction of terrestrial vegetation; presence of litter and debris; wracking; vegetation matted down, bent, or absent; sediment sorting; leaf litter disturbed or washed away; scour; deposition; multiple observed flow events; bed and banks; water staining; and/or change in plant community. The Regional Board shares Corps jurisdictional methodology, unless SWANCC or Rapanos conditions are present. In the latter case, the Regional Board considers such drainages to be jurisdictional. The CDFG's jurisdiction is defined to the top of bank of the stream/channel or to the limit (outer dripline) of the adjacent riparian vegetation. 3.2 WETLANDS For this project location, Corps jurisdictional wetlands are delineated using the methods outlined in the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Corps, 2006). The methodology set forth in the Interim Regional Supplement is based on the following three (3) indicators that are normally present in wetlands: (1) hydrology providing permanent or periodic inundation by groundwater or surface water, (2) hydric soils, and (3) hydrophytic vegetation. In order to be considered a wetland, an area must exhibit at least minimal hydric characteristics within these three parameters. Both Regional Board and CDFG jurisdictional wetlands encompass that of the Corps. In the field, vegetation, soils, and evidence of hydrology were examined via the methodology listed below and documented on Corps' wetland data sheets, when applicable. Buck Gully Canyon Restoration Project 14 Methodology 3.2.1 Vegetation Nearly 5,000 plant types in the United States may occur in wetlands. These plants, known as hydrophytic vegetation, are listed in regional publications of the U.S. Fish and Wildlife Service (USFWS). In general, hydrophytic vegetation is present when the plant community is dominated by species that can tolerate prolonged inundation or soil saturation during growing season. Hydrophytic vegetation decisions are based on the assemblage of plant species growing on a site, rather than the presence or absence of particular indicator species. Vegetation strata are sampled separately when evaluating indicators of hydrophytic vegetation. A stratum for sampling purposes is defined as having 5 percent or more total plant cover. The following vegetation strata are recommended for use across the Arid West: ♦ Tree Stratum: Consists of woody plants 3 inches or more in diameter at breast height (DBH); ♦ Sapling/Shrub Stratum: Consists of woody plants less than 3 inches in DBH, regardless of height; ♦ Herb Stratum: Consists of all herbaceous (non -woody) plants, including herbaceous vines, regardless of size; and, ♦ Woody Vines: Consists of all woody vines, regardless of size. The following indicators are applied in the sequence presented. Hydrophytic vegetation is present if any of the indicators is satisfied. Indicator 1 — Dominance Test Cover of vegetation is estimated and is ranked according to their dominance. Species that contribute to a cumulative total of 50% of the total dominant coverage, plus any species that comprise at least 20% (also known as the "50/20 rule") of the total dominant coverage are recorded on a wetland data sheet. Wetland indicator status is assigned to each species using The List of Plant Species that Occur in Wetlands (USFWS, 1988). If greater than 50% of the dominant species from all strata were Obligate, Facultative -wetland, or Facultative species, the criteria for wetland vegetation was considered to be met. Plant indicator status categories are described below: ♦ Obligate Wetland (OBL): Plants that occur almost always (estimated >99 percent) in wetlands under natural conditions, but which may also occur rarely (estimated <1 percent) in non -wetlands (i.e., cattail or pickleweed); Buck Gully Canyon Restoration Project 15 Methodology ♦ Facultative Wetland (FACYT): Plants that occur usually (estimated >67 to 99 percent) in wetlands, but also occur (estimated 1 to 33 percent) in non -wetlands (i.e., mulefat or willow); ♦ Facultative (FAC): Plants with similar likelihood (estimated 33 to 67 percent) of occurring in both wetlands and non -wetlands; ♦ Facultative Upland (FACU): Plants that occur sometimes (estimated 1 to <33 percent) in wetlands, but occur more often (estimated >67 to 99 percent) in non - wetlands; and, ♦ Obligate Upland (UPL): Plants that occur rarely (estimated 1 percent) in wetlands, but occur almost always (estimated >99 percent) in non -wetlands under natural conditions. Indicator 2 — Prevalence Index The prevalence index is used to determine whether hydrophytic vegetation is present on sites where indicators of hydric soil and wetland hydrology are present but the vegetation initially fails the dominance test. The prevalence index takes in consideration all plant species in the community, not just a few dominants. The prevalence index is a weighted -average wetland indicator status of all plant species in the sampling plot, where each indicator status category is given a numeric code (OBL = 1, FACW = 2, FAC = 3, FACU = 4, and UPL = 5) and weighing is abundance (percent cover). Hydrophytic vegetation is present if the prevalence index is 3.0 or less. Indicator 3 — Plant Morphological Adaptations Plant morphological adaptations can be used to distinguish certain wetland plant communities in the Arid West, when indicators of hydric soil and wetland hydrology are present. Some hydrophytes develop easily recognized physical characters, or morphological adaptations, when they occur in wetland areas. Common morphological adaptations include, but are not necessarily limited to, adventitious roots and shallow root systems developed on or near the soil surface. To apply this indicator, these morphological features must be observed on more than 50 percent of the individuals of a FACU species living in an area where indicators of hydric soil and wetland hydrology are present. Buck Gully Canyon Restoration Project 16 Methodology 3.2.2 Hydrology Wetland hydrology indicators are presented in four (4) groups, which include: Group A — Observation of Surface Water or Saturated Soils Group A is based on the direct observation of surface water or groundwater during the site visit. Group B — Evidence of Recent Inundation Group B consist of evidence that the site is subject to flooding or ponding, although it may not be inundated currently. These indicators include water marks, drift deposits, sediment deposits, and similar features. Group C — Evidence of Recent Soil Saturation Group C consist of indirect evidence that the soil was saturated recently. Some of these indicators, such as oxidized rhizopheres surrounding living roots and the presence of reduced iron or sulfur in the soil profile, indicate that the soil has been saturated for an extended period. Group D — Evidence from Other Site Conditions or Data Group D consist of vegetation and soil features that indicate contemporary rather than historical wet conditions, and include shallow aquitard and the FAC -neutral test. If wetland vegetation criteria is met, the presence of wetland hydrology is evaluated at each transect by recording the extent of observed surface flows, depth of inundation, depth to saturated soils, and depth to free water in the soil test pits. The lateral extent of the hydrology indicators are used as a guide for locating soil pits for evaluation of hydric soils and jurisdictional areas. In portions of the stream where the flow is divided by multiple channels with intermediate sand bars, the entire area between the channels is considered within the OHWM and the wetland hydrology indicator is considered met for the entire area. 3.2.3 Soils A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper 16 inches. The concept of hydric soils includes soils developed under sufficiently wet conditions to support the growth and regeneration of hydrophytic vegetation. Soils that are sufficiently wet Buck Gully Canyon Restoration Project 17 Methodology because of artificial measures are included in the concept of hydric soils. It should also be noted that the limits of wetland hydrology indicators are used as a guide for locating soil pits. If any hydric soil features are located, progressive pits are dug moving laterally away from the active channel until hydric features are no longer present within the top 16 inches of the soil profile. Once in the field, soil characteristics are verified by digging soil pits along each transect to a depth of at least 16 inches; in areas of high sediment deposition, soil pit depth may be increased. Soil pit locations are usually placed within the drainage invert or within adjoining vegetation. At each soil pit, the soil texture and color are recorded by comparison with standard plates within a Munsell Soil Chart (1994). Munsell Soil Charts aid in designating color labels to soils, based by degrees of three simple variables -hue, value, and chroma. Any indicators of hydric soils, such as organic accumulation; iron reduction, translocation, and accumulation; and sulfate reduction are also recorded. Hydric soil indicators are present in three (3) groups, which include: All Soils All soils refers to soils with any United States Department of Agriculture (USDA) soil texture. Hydric soil indicators within this group include histosol, histic epipedon, black histic, hydrogen sulfide, stratified layers, 1 cm muck, depleted below dark surface, and thick dark surface. Sandy Soils Sandy soils refers to soil materials with a USDA soil texture of loamy fine sand and coarser. Hydric soil indicators within this group include sandy mucky mineral, sandy gleyed matrix, sandy redox, and stripped matrix. Loamy and Clayey Soils Loamy and clayey soils refers to soil materials with a USDA soil texture of loamy very fine sand and finer. Hydric soil indicators within this group include loamy mucky mineral, loamy gleyed matrix, depleted matrix, redox dark surface, depleted dark surface, redox depressions, and vernal pools. Buck Gully Canyon Restoration Project 18 Methodology 3.3 SWANCC WATERS The term "isolated waters" is generally applied to waters/wetlands that are not connected by surface water to a river, lake, ocean, or other body of water. In the presence of isolated conditions, the Regional Board and CDFG take jurisdiction via the OHWM/streambed and/or the 3 -parameter wetland methodology utilized by the Corps. 3.4 RAPANOS WATERS The Corps will assert jurisdiction over non -navigable, not relatively permanent tributaries and their adjacent wetlands where such tributaries and wetlands that have a significant nexus to a TNW. The flow characteristics and functions of the tributary itself in combination with the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical and biological integrity of the TNWs. Factors considered in the significant nexus evaluation include: (1) The consideration of hydrologic factors including, but not limited to, the following: • volume, duration, and frequency of flow, including consideration of certain physical characteristics of the tributary • proximity to the TNW • size of the watershed • average annual rainfall • average annual winter snow pack (2) The consideration of ecologic factors including, but not limited to, the following: • the ability for tributaries to carry pollutants and flood waters to TNWs • the ability of a tributary to provide aquatic habitat that supports a TNW • the ability of wetlands to trap and filter pollutants or store flood waters • maintenance of water quality Swales or erosional features (e.g., gullies, small washes characterized by low volume, infrequent, or short duration flow) and ditches (including roadside ditches) excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water, are generally not considered jurisdictional waters. Buck Gully Canyon Restoration Project 19 Methodology In the presence of Rapanos drainage conditions, the Regional Board and CDFG take jurisdiction via the OHWM and/or the 3 -parameter wetland methodology utilized by the Corps. Buck Gully Canyon Restoration Project 20 Section 4 Literature Review Review of relevant literature and materials often aids in preliminarily identifying areas that may fall under an agency's jurisdiction. The following resources have been reviewed and utilized in the preparation of this delineation: • California Regional Water Quality Control Board, Santa Ana Region, Water Quality Control Plan, 1995. • City of Newport Beach, General Plan, July 25, 2006. • Eagle Aerial, Aerial Photograph, 2007. • City of Newport Beach Newport Coast Watershed Program. Evolution of watershed. http://www. city.newport-beach. ca.us/watershed/evolution%20oP/`20the%20watershe d.htm • U.S. Department of Agriculture, Soil Conservation Service, Soil Survey, Orange County and Western Part of Riverside County, California, 1978. • U.S. Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, Flood Insurance Rate Map No. 06059C0403H, dated February 18, 2004. http://msc.fema.gov. • U.S. Fish and Wildlife Service, Department of Habitat and Resource Conservation, Wetland Geodatabase. http://wetlandsfws.er.usgs.gov/NWI/index.html. • U.S. Geological Survey, 7.5 Minute Series Topographic Quadrangle, Laguna Beach, CA, 1965, photorevised 1981. A summary of RBF's literature review is provided below (refer to Section 8.0 for a complete list of references used during the course of this delineation). 4.1 USGS TOPOGRAPHIC QUADRANGLE The USGS maps show geological formations and their characteristics, describing the physical setting of an area through contour lines and major surface features including lakes, rivers, streams, buildings, landmarks, and other factors that may fall under an agency's jurisdiction. Additionally, the maps depict topography through color and contour lines, which are helpful in determining elevations and latitude and longitude within a project site. Most topographic maps are made from aerial photos and, due to errors in photo interpretation, some streams which should be shown as "blue -line" or "dashed blue -line" are Buck Gully Canyon Restoration Project 21 Literature Review not shown. Even the most detailed topographic maps (7.5 minute) do not show all streams. Drainages and wetlands do not need to be labeled on USGS maps in order to be jurisdictional. According to the USGS Laguna Beach, California Quadrangle, on-site topography is approximately 10 feet above msl to 100 feet above msl. Buck Gully, flowing northeast to southwest, is tributary to the Pacific Ocean. Surrounding uses appear to consist of residential uses and the Pacific Ocean. No additional on-site lakes, marshes, or swamps were noted during the review of the USGS topographic map. TABLE 1. Topographic Summary Map Name Laguna Beach, California Map Year 1965, photorevised 1981 Map Provider USGS Property Elevation (feet) 10 to 100 feet above msl Property Slope Type Sloping Property Slope Direction Southwest Map Contour Interval (feet) 20 4.2 AERIAL PHOTOGRAPH Prior to the site visit, RBF reviewed an existing aerial photograph, provided by Eagle Aerial (2007), for the project site. Aerial photographs can be useful during the delineation process, as the photographs often indicate drainages and vegetation (i.e. riparian vegetation) present within the boundaries of the project site (if any). According to the aerial photograph, the project site is surrounded by residential uses. The on-site drainage appears to contain riparian vegetation. Buck Gully conveys water to the southwest, eventually discharging into the Pacific Ocean at Little Corona Beach. 4.3 SOIL SURVEY On-site soils were researched prior to the site visit. The presence of hydric soils is initially investigated by comparing the mapped soil series for the site to the County list of hydric soils. Soil surveys furnish soil maps and interpretations originally needed in giving technical assistance to farmers and ranchers; in guiding other decisions about soil selection, use, and management; and in planning, research, and disseminating the results of the research. In addition, soil surveys are now heavily utilized in order to obtain soil information with respect Buck Gully Canyon Restoration Project 22 Literature Review to potential wetland environments and jurisdictional areas (i.e., soil characteristics, drainage, and color). According to the Orange County and Western Part of Riverside County, California Soil Survey, dated 1978, the project site is situated on the Myford association. The Myford association consists of moderately well drained soils on marine terraces. One (1) soil series is reported within the boundaries of the project site, and consists of the following: Myford sandy loam, 9 to 30 percent slopes, eroded (177): This strongly sloping to moderately steep soil generally occurs on side slopes of terraces. The profile is similar to the one described as typical of the series, but is very shallow because of erosion. On as much as 50 percent of the acreage, the subsoil is exposed or deep gullies have formed that prevent tillage. The Myford series consists of moderately well drained soils formed in sandy sediments. In a typical profile the surface layer is pale brown (10YR 4/3 moist) and pinkish gray (7.5YR 4/2 moist), medium acid sandy loam, about 4 inches thick. The upper 6 inches of the subsoil is brown (7.5YR 3/2 moist), medium acid sandy clay. The soil is very slowly permeable. If the soil is bare, runoff is rapid and the erosion hazard is high. Available water capacity is 1.5 to 3.5 inches. Present land use is range, watershed, wildlife and urban development. Subgroup: Typic Palexeralfs. Based on the Soil Survey, the soil series present on-site may have the potential to have hydric soil characteristics. 4.4 HYDRIC SOILS LIST OF CALIFORNIA RBF reviewed the Hydric Soils List of California, provided by the Natural Resources Conservation District (MRCS), dated December 15, 1995, in an effort to verify whether or not on-site soils are considered to be hydric. Lists of hydric soils along with soil survey maps are good off-site ancillary tools to assist in wetland determinations, but as expected, they are not a substitute for on-site investigations. According to the list, none of the above- mentioned soil types are anticipated to be hydric. 4.5 LOCAL CLIMATE The local climate is typical of the Southern California Coastal Region. Winters are cool and moist; nearly all of the precipitation falls in winter. Summers are mild, warm, and dry. Average mean annual rainfall at most of the lower elevations of the region is approximately 14 inches. For the purposes of this delineation, the growing season is considered to be 365 days a year. Buck Gully Canyon Restoration Project 23 Literature Review 4.6 FLOOD ZONE According to the existing FEMA flood maps, a portion of the project site appears to be located within the 100 -year flood zone. The project site consists of Buck Gully and its associated floodplain. 4.7 GENERAL PLAN/ZONING CODE Some local agencies have ordinances with respect to wetlands and streams. According to the City of Newport Beach General Plan, adopted July 25, 2006, specific policies with respect to wetland/riparian buffers were not noted. 4.8 WATERSHED REVIEW The project site is located within the Newport Coast watershed. According to the City of Newport Beach Newport Coast Watershed Project website the Newport Coast Watershed covers about 10 square miles and extends South of Corona del Mar in Newport Beach to Morro Canyon. Most of this watershed area was annexed by the City of Newport Beach on January 1, 2002. The watershed encompasses eight coastal canyons, two of which are 303(d) listed for bacteria impacts. Seven of the canyons fall within the Regional Board Region 8 and City of Newport Beach limits. The eighth canyon, Morro Canyon, is part of Region 9 and is within the County of Orange's jurisdiction. This compact watershed area includes a very large percentage of native vegetation on undisturbed terrain. TABLE 2. Project Site Summary Project Site Yes No Unknown Within a 100 -year floodplain? X A blue -line stream? X Within the California Coastal Zone? X Reported groundwater level <6 feet below ground surface? X Reported Wetland/Riparian Buffers per General Plan X Buck Gully Canyon Restoration Project 24 Section 5 Site Conditions As described in Section 1.0, the project site is located within the City of Newport Beach, County of Orange, California. Refer to Sections 5.2 through 5.4, below, for discussion with respect to the three (3) wetland parameters or evidence of water flow defined in Section 3.0. Refer to Exhibit 4, On -Site Photographs, for representative photographs taken throughout the project sites. 5.1 LIMITATIONS The following limitations were identified during the course of this delineation. Methodology was adjusted in areas where limitations were present. Some portions of the project were not accessible due to the presence of poison oak (Toxicodendron diversilobum) and dense vegetation. 5.2 VEGETATION Vegetation located within the project site and observed during the March 6, 2007 site visit, included riparian scrub, freshwater marsh, coastal sage srub, chaparral, and ornamental landscaping. Riparian vegetation noted on-site included arroyo willow (Salix lasiolepis), California mugwort (Artemisia douglasiana), cattail (Typha domingensis), bulrush (Scirpus microcarpus), and creeping woodsorrel (Oxalis corniculata). Upland vegetation noted on- site included poison oak (Toxicodendron diversilobum), lemonade berry (Rhus integrifolia), and California sagebrush (Artemisia californica). 5.3 HYDROLOGY Water flow varying in depth, associated with the surrounding residential uses, was noted within the project site during the March 6, 2007 site visit. The on-site drainage flows in a northeast/southwest direction, and is tributary to the Pacific Ocean. The drainage is considered an RPW and directly connects to the Pacific Ocean. Evidence of an OHWM was noted within the drainage via water flow, drift deposits, and erosional cuts. Generally, the OHWM varied in width from approximately 10 to 65 feet, primarily due to the range of slopes on-site. 5.4 SOILS Approximately six (6) soil pits were dug during the March 6, 2007 site visit due to the presence of riparian vegetation. All three (3) wetland parameters were met within portions of the project site. On-site soils consisted of silt loam, sandy loam, and sand. The soils within Buck Gully Canyon Restoration Project 25 f. r �'l! I ��� err _'sR. ��agry t'+T ^�_f'. -�.. '` r° a3�b '� ! I +�" rti•^ �#1'""r� './�` � �y ..��i�,irc � (I ,i1 r t ` 1 5 4 r ���'&.•1�. �- _ -111' 1 _ �i ''�0 � ` �� ilio- L I . �_ •.� �., 21 ¢`"' Q,' ' �^ 7 » �-e '� ,mss ♦/.'' � � '\I '�. ITi,�� o R N t ,i%' • y , �_ �. ♦Y � V ice. y � /�/ ` � i. y"t •' � �,� N' Ii p S w � _ Site Conditions the boundary of the project site were found to be consistent with those previously mentioned during the literature review in Section 3.4. Multiple hydric soil indicators were noted within the soil samples within portions of the project site (refer to Appendix A, Wetland Data Forms). Buck Gully Canyon Restoration Project 27 Section 6 Findings This delineation was prepared for the City in order to delineate the Corps, Regional Board, CDFG, and CCC jurisdictional authority for drainages located within the project site. This report presents RBF's best effort at determining the jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies. However, as with any jurisdictional delineation, only the regulatory agencies can make a final determination of jurisdictional boundaries within a project site/property. Jurisdictional boundaries are broken down specifically by agency and are described below. 6.1 U.S. ARMY CORPS OF ENGINEERS DETERMINATION 6.1.1 Wetland Determination As previously noted in Section 3.2, an area must exhibit all three (3) of the wetland parameters described in the Corps Interim Regional Supplement to be considered a jurisdictional wetland. Based on the results of the field investigations, it was determined that portions of the project site contained all three (3) parameters. Based on the literature review and soil samples obtained during the field visit, hydrophytic vegetation and hydric soils are present within portions of the project site. Based on the site conditions, approximately 0.37 acres of Corps jurisdictional wetlands are present (refer to Exhibit 5, Jurisdictional Map). Of these 0.37 acres, restoration activities are anticipated to temporarily impact 0.21 acres of Corps wetlands. 6.1.2 "Waters of the U.S." Determination Evidence of hydrology was noted within the project site and consisted of water flow, drift deposits, and erosional features. The on-site drainage appears to be perennial, containing water year-round. Based on the site conditions, approximately 0.49 acres of Corps "waters of the U.S." are located within the boundaries of the study area. Of these 0.49 acres, 0.34 acres will be impacted as a result of the proposed restoration activities. 6.2 REGIONAL WATER QUALITY CONTROL BOARD DETERMINATION No isolated conditions were observed within the boundaries of the project site; therefore, the Regional Board follows that of Corps jurisdiction. Buck Gully Canyon Restoration Project 28 t nd'd r ^�. . � ' �'�„�. zR fir' I:.Y- •� i i 'l _ ” • ' ~� - _ 'Ali: _ , _ • �Gw. r•- .. ,+�,[�� in. � ,!. 33 54 56 �. 11W OR: Jr 42 AL, ���♦•� t Wf ' w , ► ` 50 �x Y A 4 . y • 5440 +j Ski W55 fw0 56 U �^ e CIN O soil Pits Non Impacted CDFG Jurisdictional Area Q Picture Points - Corps/CDFG Jurisdictional Drainage Impact (Non -Wetland) Project Improvements Non Impacted Corps/CDFG Jurisdictional Drainage (Non -Wetland) Permanent Easement CDFG Jurisdictional Vegetation Impact QTemporary Easment Corps Jurisdictional Wetland Impact CCC Jurisdictional Wetland Impact - Non Impacted Corps Jurisdictional Wetland Non Impacted CCC Jurisdictional Wetland Area Ornamental Vegetation fkf* wi. I I s }• S OFeet 0 75 150 300 Source: Eagle Aerial 2007 Buck Canyon Gully Restoration Project Jurisdictional Map Exhibit 5 Findings .................. 6.3 CALIFORNIA DEPARTMENT OF FISH AND GAME DETERMINATION The on-site drainage/streambed is considered jurisdictional by the CDFG. The CDFG jurisdiction is similar to the Corps jurisdiction, but also encompasses riparian vegetation (to the outer dripline) when present. Based on the site conditions, approximately 4.42 acres of CDFG jurisdiction are located within the boundaries of the study area. Of these 4.42 acres, 1.86 acres will be impacted as a result of the proposed restoration activities. 6.4 CALIFORNIA COASTAL COMMISSION DETERMINATION The entire project site is located within the coastal zone. The on-site drainage and associated riparian vegetation is considered a wetland within the coastal zone due to the presence of wetland hydrology, soils, and/or hydrophytic vegetation. Based on the site conditions, approximately 4.42 acres of CCC jurisdiction is located within the boundaries of the study area. Of these 4.42 acres, 1.86 acres will be impacted as a result of the proposed restoration activities. Buck Gully Canyon Restoration Project 30 Section 7 Regulatory Approval Process The following is a summary of the various permits, agreements, and certifications required before construction activities take place within the jurisdictional areas. 7.1 U.S. ARMY CORPS OF ENGINEERS The Corps regulates discharges of dredged or fill materials into WoUS and wetlands pursuant to Section 404 of the CWA. A permit will be required from the Corps Regulatory Branch - Los Angeles District Office prior to commencement of any construction activities within the Corps delineated jurisdictional areas. 7.1.1 Section 404 Permit Identification Nationwide Permit Process: Since project improvements permanently impact less than a 1/2 -acre of Corps jurisdiction, authorization via Nationwide Permit (NWT) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities, would be required prior to Corps jurisdictional impact (refer to Appendix B, for a summary of NWP 27). NWT processing time generally takes 4-6 months and involves a Pre -Application Field Meeting and submittal of a formal application. The application submittal typically includes environmental documentation (e.g., jurisdictional delineation, site plans, project purpose, location, duration, etc.), a Pre -Construction Notification (PCN); and consultations with other agencies (as needed). Prior to issuance of the Corps permit, a CWA Section 401 Water Quality Certification from the Regional Board must be obtained. At this time, no application fee is required for the Corps permit process. 7.1.2 Coastal Zone Management Consistency Since the project site is located within the Coastal Zone, the Corps shall obtain from the applicant a certification that the proposed activity complies with and will be conducted in a manner that is consistent with the approved state Coastal Zone Management Plan (CZMP). Upon receipt of the certification, the Corps will forward a copy of the public notice (which will include the applicant's certification statement) to the CCC and request its concurrence or objection. If the CCC objects to the certification or issues a decision indicating that the proposed activity requires further review, the Corps shall not issue the permit until the CCC concurs with the certification statement. If the CCC fails to concur or object to a certification statement within six (6) months of the CCC's receipt of the certification statement, CCC concurrence with the certification statement shall be conclusively presumed. District engineers will seek agreements with the CCC that the agency's failure to provide comments Buck Gully Canyon Restoration Project 31 Regulatory Approval Process during the public notice comment period will be considered as a concurrence with the certification or waiver of the right to concur or non -concur. Obtaining the Section 401 Water Quality Certification can result in substantial delays in issuing an Corps permit. To avoid unreasonable delays in Corps permit processing, the following actions are recommended. In cases where the Corps has finished its evaluation of a permit proposal and the only action remaining is the issuance of the Section 401 Certification, the Corps should send a provisional permit to the applicant. Sending a provisional permit completes the Corps action on the proposal and notifies the applicant of the need to obtain a Section 401 Certification from the appropriate State certifying agency before the Section 404 permit is valid. The provisional permit also places the only remaining action with the certifying agencies, properly focusing the applicant on the State. 7.2 REGIONAL WATER QUALITY CONTROL BOARD The Regional Board regulates discharges to surface waters under the Federal CWA and the California Porter -Cologne Water Quality Control Act. The Regional Board's jurisdiction extends to all waters of the State (including SWANCC and Rapanos conditions) and to all WoUS (including wetlands). The following permits will be required prior to construction. 7.2.1 Section 401 Water Quality Certification For a Corps 404 permit to be approved, a 401 Water Quality Certification from the Santa Ana Regional Board will be required. The Regional Board also requires that CEQA compliance be obtained prior to obtaining the 401 Certification. Once an application has been deemed complete, the Regional Board has between 60 days and 1 year in which to make a decision. According to regulations of the Corps, the State has 60 days from the date of receipt of a valid request for water quality standards certification (33 CFR Section 325.2 (b) (1) (ii)). The Corps district engineer may specify a longer (up to one year) or shorter time, if he or she determines that a longer or shorter time is reasonable (33 CFR Section 325.2 (b) (1) (ii)). If processing and review of the 401 application will take more than 60 days, the Regional Board will request additional time from the Corps. Please note that even when an application has been deemed complete, the Regional Board has the option of denial without prejudice. This is not a reflection on the project, but a means to stop the clock until the required information has been received. As required by 23 California Code of Regulations (CCR) § 3858 (a), the Regional Board is required to have a minimum 21 -day public comment period before any action is taken on a 401 application. The period closes when the Regional Board acts on the 401 application. Buck Gully Canyon Restoration Project 32 Regulatory Approval Process The public comment period does not close after a certain number of days because proposed projects tend to change through the 401 process and the public is allowed to review and comment on the changed project. The public comment period starts as soon as an application has been received. Additionally, the Regional Board requires that water quality concerns related to urban storm water runoff be addressed. Any 401 Certification application submitted to the Regional Board should incorporate the use of Best Management Practices (BMPs) for the treatment of pollutants carried by storm water runoff in order to be considered a complete application. The Regional Board also requires a 401 Certification Application Fee, which is dependent on the amount and type of impacts. 7.3 CALIFORNIA DEPARTMENT OF FISH AND GAME The on-site drainage (streambed) and associated riparian vegetation would be considered jurisdictional by the CDFG; therefore, a 1602 SAA must be obtained prior to any jurisdictional impact. A SAA is technically not a permit. It is a legally binding contract in which two parties, the project proponent (applicant) and the CDFG, mutually agree to a particular course of action. The CDFG does not have the discretionary authority to decide not to negotiate a SAA or submit to binding arbitration. However, the CDFG has the duty to propose avoidance or mitigation measures which limit the project as necessary to prevent adverse impacts to fish and wildlife resources. Upon a formal notification, the CDFG will determine whether the notification package (application) is complete. The CDFG will make this determination within 30 calendar days of receiving the notification package if the application is for a regular agreement (i.e., an agreement for a term of five years or less). However, the 30 -day time period does not apply to notifications for long-term agreements (i.e., agreements for a term greater than five years). Once the notification package is deemed complete, the CDFG will process a Draft SAA as described below. If a SAA is required, the CDFG may require an onsite inspection, and a draft agreement. The draft agreement will include measures to protect fish and wildlife resources while conducting the project. For regular agreements, the CDFG will submit a draft agreement to the applicant within sixty calendar days after the notification is deemed complete. Again, the 60 -day time period does not apply to notifications for long-term agreements, since these are often large or complex projects. The applicant then has 30 calendar days to notify the CDFG whether the measures in the draft agreement are acceptable. After the CDFG receives the signed draft agreement, it will make it final by signing it. The CDFG Application Fee associated with the notification Buck Gully Canyon Restoration Project 33 Regulatory Approval Process package varies and is dependent upon the total cost of the project and type of Agreement (i.e., Regular or Long -Term). 7.4 CALIFORNIA COASTAL COMMISSION Although a NWP is required from the Corps, the CCC has identified that that NWT program is inconsistent with the California Coastal Management Program (CCMP). Therefore, the CCC requires permittees for NWPs to either receive a concurrence or waiver of consistency certification from the CCC before the NWP is validated. Pursuant to the CCMP, a CDP issued by the CCC functions as a consistency certification. According to the latest design plans and environmental analysis, a CDP is required from the CCC prior to approval of the project. The purpose of the CDP is to ensure consistency with the Local Coastal Program. Issuance of a CDP requires compliance with Chapter 3 of the Coastal Act, Coastal Resources Planning and Management Policies, which outlines the policies/standards by which the permissibility of proposed development are determined. 7.5 GLOBAL RECOMMENDATIONS 7.5.1 Agency Concurrence and Pre -Application Field Meeting It is highly recommended that the delineation be forwarded to each of the regulatory agencies for their concurrence. Once the delineation is approved, RBF has found it extremely beneficial and pro -active to have an on-site meeting with the Corps, Regional Board, CDFG, and CCC to discuss potential permitting strategies and mitigation opportunities (if any). In short, these Pre -Application Field Meetings often help streamline the permitting process. 7.5.2 Concurrent Permit Processing Prior to issuance of the Corps permit, a Section 401 Water Quality Certification from the Santa Ana Regional Board and a CDP from the CCC must be obtained. Obtaining the Certification and CDP can result in substantial delays in issuing an Corps permit. To avoid unreasonable delays in Corps permit processing, the following actions are recommended. In cases where the Corps has finished its evaluation of a permit proposal and the only action remaining is the issuance of the Section 401 Certification and CDP, the Corps should send a provisional permit to the applicant. Sending a provisional permit completes the Corps action on the proposal and notifies the applicant of the need to obtain a Section 401 Certification and a CDP from the appropriate State certifying agency before the Section 404 permit is valid. The provisional permit also places the only remaining action with the certifying agencies, properly focusing the applicant on the State. Buck Gully Canyon Restoration Project 34 Section 8 References The following references were utilized during preparation of this Delineation of State and Federal Jurisdictional Waters: California Department of Fish and Game, A Field Guide to Lake and Streambed Alteration Agreements Sections 1600-1607, January 1994. California Department of Fish and Game, Lake and Streambed Alteration Program, http://www.dfg.ca.gov/1600/index.html. California Regional Water Quality Control Board, Santa Ana Region Region, Water Quality Control Plan, 1995. City of Newport Beach General Plan, adopted July 25, 2006. http://www.city.newport-beach.ca.us/PLN/Planning.html Eagle Aerial, Aerial Photograph, 2007. Faber, Phyllis M., and Robert F. Holland, Common Riparian Plants of California, Pickleweed Press, 1996. Faber, Phyllis M., Common Wetland Plants of Coastal California, Pickleweed Press, 1996. Munsell, Soil Color Charts, 1994. Natural Resources Conservation Services, Hydric Soils List of California, 1995. http://soils.usda.gov/soil—use/hydric/main.htm. Site Visit conducted on March 6, 2007. State Water Resources Control Board, Effect of SWANCC v. United States on the 401 Certification Program, January 25, 2001. Thomas Brothers Map, Los Angeles and Orange Counties, 2008. U.S. Army Corps of Engineers, Final Summary Report: Guidelines for Jurisdictional Determinations for Waters of the United States in the Arid Southwest, June 2001. U.S. Army Corps of Engineers, Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, 2006. U.S. Army Corps of Engineers, Los Angeles District Regulatory Program, http://www.spl.usace.army.mil/. Buck Gully Canyon Restoration Project 35 References U.S. Army Corps of Engineers, Regional Guidance Letter, Practices for Documenting Jurisdiction under Section 404 of the CWA, June 5, 2007. U.S. Army Corps of Engineers, Wetland Delineation Manual, 1987. U.S. Department of Agriculture, Natural Resources Conservation Service, Orange County and Western Part of Riverside County, California Soil Survey, 1978. U.S. Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, Flood Insurance Rate Map No. 06059C0403H, dated February 18, 2004. http://msc.fema.gov. U.S. Fish and Wildlife Service, Department of Habitat and Resource Conservation, Wetland Geodatabase, http://wetlandsfws.er.usgs.gov/NWI/index.html. U.S. Fish and Wildlife Service, National List of Vascular Plant Species that Occur in Wetlands, 1988. U.S. Geological Survey, 7.5 Minute Series Topographic Quadrangle, Laguna Beach, CA, 1965, photorevisedl981. Buck Gully Canyon Restoration Project 36 Appendix A Wetland Data Forms WETLAND DETERMINATION DATA FORM—AridWest Region Project/Site: R,K� 1iU ?Q 'bjf ---City/County: Lt} TPJA (m r--samplingDate: Applicant/Owner: 1 f ( State:CK Sampling Point:— Investigator(s): L �e � �CA Section, Township, Range: 91j ^ 3sT , Et LO f seem Landform (hillslope{, terrace, etc.) 4)I Local relief (concave, convex, none): Slope (%): t Subregion (LRR): i i.� Lat: jj�3" `�t�J long: 11 �� i�_y� t l Datum: Soil Map Unit Name: NWI classification: Ps S9. Are climatic / hydrologic conditions on the sit typical forthis time of year? Yes X_ No (if no, explain in Remarks.) Are Vegetation . Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes� No Are Vegetation Soil or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS— Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes �( - No Is the Sampled Area Hydric Sal Present? Yes No Wetland Hydrology Present? Yes No wvithin a Wetland? Yes No — --X— I VEGETATION US Army Corps of Engineers Arid West -Version 11-1-2006 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Use scien�tlfiic names.) �caS� o K.4/1S % Cover S ecies? Status Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant 2. 3. Species Across All Strata: (B) 4. Percent of Dominant Species G t 0 Iv �,� Total Cover: SaotinoJShrub Stratum -�-\.i . That Are OBL, FACW, or FAC: J (A!B) 1. Prevalence Index worksheet: Total % Cover of: Multiply by:. OBL species. x 1 = FACW species O x2= _ L(L1O FAC species x 3 = FACU species_ x 4 = 2. 3. 4. 5. Total Cover: Herb Stratum i 1.�`�-o�A) Y 1 C.irii UPL species x 5 = Column Totals: 100 (A) 04 Q (B) . Prevalence Index = B/A = f 3, 4. Hydrophytic Vegetation Indicators: _ Dominance Test is >50% Prevalence Index is 553.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 5. 6. 7, 8. Total Cover. Woody Vine Stratum 1. 'Indicators of hydric soil and wetland hydrology must be pre$ent. �- 2 . % Bare Ground in Herb Stratum Total Cover: % Cover Biotic Crust Hydrophytic Vegetation of Present? Yes No Remarks: US Army Corps of Engineers Arid West -Version 11-1-2006 SOIL Sampling Point: 1 1 `0 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Surface Water (Al) _ Salt Crust (B11) _ (inches) Color Color (moist) % Color (moist) % TVVe Loc Remarks ibYQ -612- ,Texture _ Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (Ci) _„ Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soiis3: _ Histosol (Al) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (Fi) _ Reduced Verdc (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) — Red Parent Material (TF2) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) _ Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) — Redox Dark Surface (F6) includes capillary fringe) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Dark Surface (Al2) _ Redox Depressions (F8) _Thick _ Sandy Mucky Mineral (S1) _ Vernal Pools (F9) 31ndicators of hydrophytic vegetation and _ Sandy Gieyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: p "6,Yic Son j t rat(DJV6 ?YD'S -fid , HYDROLOGY Wetland Hydrology Indicators: Secondary indicators (2 or more reouired) Primary Indicators (any one indicator is sufficient) _ Water Marks (B1) (Riverine) _ Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (B2) (Riverine) High Water Table (A2) _ Biotic. Crust (B12) _ Drift Deposits (B3) (Riverine) Saturation (A3) _ Aquatic Invertebrates (B13) _ Drainage Patterns (B10) _ Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (Ci) _„ Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) _ Drift Deposits (B3) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (B6) — Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) — Shallow Aquitard (D3) Water -Stained Leaves (B9) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: F A 1 V i i wd VA An (k+V6 US Army Corps of Engineers Arid West Version, 11-1-2006. WETLAND DETERMINATION DATA FORM —Arid West Region f Project/Site: �— City/County:L .� 1�QVtc"86ampling Date: fTM ' Appiicani/Owner. i State: CA Sampling Point:. Investigator(s): action, Township, Range: . 915 , _ Lot sGgr / 1 Landform (hillslope,, terrace etc.) �M� ` 6 Local relief (concave, convex, none): Slope Subregioh (LRR): Lat:3((�3rJ Long: i G �J l ' �j Datum: Sal Map Unit Name: - r�� I mmJ,I}}��D e NWI classification: P5 J 1 C Are climatic / hydrologic conditions on the sit typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation _ Soil , or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes L No Hydric Soil Present? Is the Sampled Area Wetland Hydrology Present? Yes _ No wifhln a Wetland? Yes No �agt Remarks: , VEGETATION US Army Corps of Engineers Arid West -Version 11-1-2006 Absolute Dominant Indicator I Dominance Test worksheet: Tree Stratum (Use scientific names.) % Cover Species? Status Number of Dominant Species That Are OBL, FACW, or FAC: 2. Total Number of Dominant 3. Species Across All Strata: (B) 4. Percent of Dominant Species Total Cover: That Are OBL, FACW, or FAC: (A/B) Sapling/Shrub,Stratum 1. Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species _ x 1 = FACW species x2= FAC species x 3 = FACU species x 4 = 2. 3. 4. 5. Total Cover: Herb Stratum 1' �' �� UPC species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = ��}}���, _ 2. t _JLC 3. 4. Hydrophytic Vegetation Indicators: 5. Dominance Test is >50% Prevalence Index is 53.0' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 6. 7. 8. Total Cover: 0 Woody Vine Stratum 1. 'Indicators of hydric soil and wetland hydrology must be present. 2. Total Cover. Hydropitytie Vegetation % Bare Ground in Herb Stratum % Cover of Biotic Crust Present? Yes No Remarks: US Army Corps of Engineers Arid West -Version 11-1-2006 SOIL Sampling Point: –2:1 U Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features _ (inches) Color(moist) % Color (moist) % Type Loc Texture Remarks a- D. 3 3 ioUY _ High Water Table (A2) _ S M �0 M 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. ZLocation: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) indicators for Problematic Hydric Solis3: Histosol (A1) ^_ _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) _ Stripped Matrix (86) _ 2 cm Muck (Al 0) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) — Red Parent Material (TF2) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (173) _ Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) Depleted Below Dark Surface (All) _ Depleted Dark Surface (F7) Thick Dark Surface (Al2) _ Redox Depressions (F8) Surface Water Present? Yes No _ Sandy Mucky Mineral (31) _ Vernal Pools (179) 31ndicators of hydrophytic vegetation and _ Sandy Gleyed Matrix (S4) Depth (inches): T 0_ wetland hydrology must be present.. Restrictive Layer (if present): Saturation Present? Yes No Depth (inches): Q Type: Present? Yes No includes capillary fringe Depth (inches): Hydric Soil Present? Yes,X;_ No Remarks: i 9 vt► �� L�� I r 1041 HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (B1) (Riverine) _ Surface Water (A1) _ Salt Crust (1311) _ Sediment Deposits (B2) (Riverine) _ High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (133) (Riverine) Saturation (A3) _ Aquatic Invertebrates (1313) _ Drainage Patterns (B10) Water Marks (131) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) Dry -Season Water Table (C2) Sediment Deposits (132) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) Drift Deposits (133) (Nonriverine) _ !_ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) Water -Stained Leaves (139) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? YesNo Depth (inches): T 0_ Saturation Present? Yes No Depth (inches): Q Wetland Hydrology Present? Yes No includes capillary fringe DescribeRecorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: i 9 vt► �� L�� I r 1041 Remarks: US Army Corps of Engineers Arid West – Version.11-1-2006 WETLAND DETERMINATION DATA FORM—Arid West Region f Project/Site: _� I City/County Sampling Date: Applicant/Owner:l Cd -IJ State: Sampling Point: —31(o— investigator(s): \�� _--�^ �CA ��cilrr Section, Township, Range: . 615„ S 9 W t g5�_ Landform (hillslope,, terrace, ettcc.) t l�:M�S n / Local relief (concave, convex, none): YM1"��i aope (%): Subregion(LRR): l 9 .4s+'�� _'11t�-•�1t l�' Lat: ii}�3C35i64��,{�. Long: Ik: b`,DJ!S���.W Datum: k 3 Soil Map Unit Name: SI (h/ NN classification: es fz Are climatic/ hydrologic conditions on the sit typical for this time of year? Yes _Y No (if no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Sal Present? Yes is the Sampled Area Wetland Hydrology Present? Yes i< No within a Wetland? Yes No Remarks: VEGETATION Tree Stratum (Use scientific na(nes.) 1 • t k- 4����� ���p ��_ Absolute Dominant Indicator % Cover . S ecies? Status �J� Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species 7 l r That Are OBL, FACW, or FAC: 100 (AB) 2. 3 4. SabtinolShrub Stratum 1. Total Cover: � Prevalence Index worksheet: Total % Cover of: Muftloly by:. OBL species. x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x ) Column Totals: (A) (B) Prevalence Index = B/A= 2. 3. 4. 5. Total Cover: Herb Stratum 1. ` _ 1 , � e „_ ,, 6 —��'' `j---C�'j— 2. N cayl GL � p��j�� 3• 6,1LA fW I 0 i 4. CAYJ CA, fd1 Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is 553.0' _^ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _. Problematic Hydrophytic Vegetation' (Explain) 'indicators of hydric sal and wetland hydrology must be present. 5. 6. T 8. Total Cover:_ Woody Vine Stratum 1. 2. % Bare Ground in Herb Stratum Total Cover: % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes, No Remarks: Us Army corps of Engineers Arid West - Version 11-1-2006 SOIL Sampling Point:_ Profile Description: (Describe to the depth needed to document the Indicator or confirm theabsence of indicators.) Depth Matrix Redox Features Water Marks (131) (Riverine) (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks _ High Water Table (A2) _ Biotic. Crust (1312) _ Drift Deposits (133) (Riverine) 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol 0) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ _ Histic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Red Parent Material (72) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) _ Other (Explain in Remarks) _ 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Surface Water Present? Yes Dark Surface (Al2) — Redox Depressions (F8) _Thick _ Sandy Mucky Mineral (S1) _ Vernal Pools (F9) 31ndicators of hydrophytic vegetation and _ Sandy Gleyed Matrix (S4) Saturation Present? Yes. we+land hydrology must be present. Restrictive Layer (if present): (includes capillary fringe) Type: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Quern �0 Depth (inches): Remarks: Hydric Soil Present? Yes No Remarks: 61VnRn1 nny Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (131) (Riverine) _ Surface Water (Al) _ Salt Crust (1311) _ Sediment Deposits (B2) (Riverine) _ High Water Table (A2) _ Biotic. Crust (1312) _ Drift Deposits (133) (Riverine) Saturation (A3) _ Aquatic invertebrates (1313) _„_, Drainage Patterns (1310) Water Marks (131) (Nonriverine) _ Hydrogen Sulfide Odor (C1) _, Dry -Season Water Table (C2) Sediment Deposits (82) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) _ Drift Deposits (B3) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Surface Soil Cracks (136) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Visible on Aerial Imagery (B7) _, Other (Explain in Remarks) _ Shallow Aquitard (D3) _Inundation Water -Stained Leaves (139) FAC -Neutral Test (D5) Field observatlons: Surface Water Present? Yes No --!L Depth (inches): Water Table Present? Yes No �,C Depth (inches): Saturation Present? Yes. No Depth (inchesj: Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Quern �0 Remarks: US US Army Corps of Engineers Arid West – Version 11-1-2006 WETLAND DETERMINATION DATA FORM—Arid West Region j Project/Site: YNkPk GA1U� ,� l ' City/County: P_ WV �ampling Date: ApplicanUOwner: i�4 l {- (' State. Sampling Point: 4 1 (p Investigator(s): !� ��� �i 1 . ,rk �� Section, Township, Range: s u� Landform (hillsiope, terrace, etc.). i hiMPr ii Local relief (concave, convex, none): Y ecco-ei Slope (%): Subregion (LRR): ,►..�, `_ 1 I (LIQ_ Lat: zJcJ i 33�+ ty Lon° g: 1 l� 5► 5� W Datum: Soil Map Unit Name: S�WNWI classification: rs SSR. Are climatic / hydrologic conditions on the sitq typical for this time of year? Yes_ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No �_ Absolute Dominant Indicator Hydric Sal Present? Yes x No is the Sampled Area Wetland? Wetland Hydrology Present? Yes = No within a Yes No Remarks: VEGETATION US Army Corps of Engineers Arid West -Version 11-1-2006 Absolute Dominant Indicator I Dominance Test worksheet: Tree Stratum (Use scientific names.) % Cover . Species? Status Number of Dominant Species 1. <56 t, _ : ()�12 1S That Are OBL, FACW, or FAC: (A) Total Number of Dominant 2. 3. Species Across All Strata: (B) 4. Percent of Dominant Species C J Total Cover:That Are OBL, FACW, or FAC: ✓Q / (AB) Sa lin /Shrub Stratum l 1. �J�f ( l i 'ai M,n j� i0� j q �7 � oWymy ��_ 18' Prevalence Index worksheet: Total % Cover of. Multiply by:, OBL species. x 1 = FACW species 0-0 x2= q0 FAC species x 3 = FACU species x 4 = 2. 3. 4, 5. Total Cover. Herb Stratum UPL species fri X5= WV 1 Column Totals:_ (A) 2:t -LT) (B) I Prevalence Index = B/A= 15 - WD 2. 3_ 4. Hydrophytic Vegetation Indicators: _ Dominance Test is >50% Prevalence Index is 53.0' _^ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 5. 6. ?. 8 _ Problematic Hydrophytic Vegetation' (Explain) Total Cover: Woody Vine Stratum 1, 'Indicators of hydric soil and wetland hydrology must be present. 2 Total Cover: Hydrophytic % Bare Ground in Herb Stratum d-lJ % Cover Biotic Crust Vegetation �x/ of Present? Yes No --1— Remarks: US Army Corps of Engineers Arid West -Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Cinches) Color (moist) % Color (moist) % Type Loc Texture Remarks a -a J4 13 High Water Table (A2) _ sand Drift Deposits (B3) (Riverine) Saturation (A3) _ W - m 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. 21-ocation: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soits3: _ Histosol (Ai) _ Sandy Redox (S5) — 1 cm Muck (A9) (LRR C) Hstic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) W_ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Red Parent Material (72) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) — Other (Explain in Remarks) _ 1 cm Muck (AS) (LRR D) _ Redox Dark Surface (F6) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Depth (inches): _ Thick Dark Surface (Al2) _ Redox Depressions (F8) Water Table Present? Yes ">e No _ Sandy Mucky Mineral (S1) — Vernal Pools (F9) 3lndicators of hydrophytic vegetation and _ Sandy Gleyed Matrix (S4) ` ttn Depth (inches): wetland hydrology must be present. Restrictive Layer (if present): Type: U Y Depth (inches): Remarks: Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one in is sufficient) _ Water Marks (B1) (Riverine) _ Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (B2) (Riverine) High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (B3) (Riverine) Saturation (A3) _ Aquatic Invertebrates (813) _ Drainage Patterns (B10) _ Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) _„ Dry -Season Water Table (C2) _ Sediment Deposits (62) (Nonriverine) — Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) Drift Deposits (133) (Nonriverine) ,_,,,, Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (B6) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ _ Inundation Visible on Aerial Imagery (67) Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (139) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No— — Depth (inches): Water Table Present? Yes ">e No Depth (inches): Q . Saturation Present? Yes No ` ttn Depth (inches): Wetland Hydrology Present? Yes—4 No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: U Y Remarks: US Army Corps of Engineers Arid West—Version 11-1-2006 WETLAND DETERMINATION DATA FORM—Arid West Region f Project/Site: — CityiCounty: �Lc� i2� Sampling Date: ��)o - '' Applicant/Owner: �^ ��y'' State; Sampling Point: 5 � _ Investigator(s):_�• \�� 17A I'�Y Section, Township, Range: . 2S sR, R0 --Sgo ! Landform (hilislope, terrace, etc.)., Local relief (concave, convex, none): . MCCLO"E Slope (%): Subregion (LRR): Lat: �?)o �? i ?)0 Long: �I �o � C 71 VV Datum: Sal Map Unit Name: sl WfrlNWI classification: Q5 S - Are climatic / hydrologic conditions on the sitq typical for this time of year? Yes _)� No (If no, explain in Remarks.) Are Vegetation . Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil , or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc, Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes ��, No x VEGETATION Tree Stratum (Use scientific names.) Absolute Dominant Indicator % Cover S ecies? Status 11 1 I Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC:_ (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: �. (AB) 2. 3 4. Saolino/Shrub Stratum 1. Total Cover: C� D_ Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species. x 1 = FACW species x2= FAC species x 3 = PACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = 2. 3. 4. 5. Total Cover: Herb Stratum 1, 2. 3, 4, H drophytic Vegetation Indicators: Dominance Testis >50% _ Prevalence Index is 553.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 'indicators of hydric sal and wetland hydrology must be present. 5• 6, 7. 8. Total Cover: Woody Vine Stratum 1. 2 % Bare Ground in Herb Stratum 1;'0 Total Cover: % Cover of Biotic Crust Hydrop hytiz Vegetation Present? Yes No Remarks: US Army Corps of Engineers Arid West —Version 11-1-2006 SOIL Sampling Point: 5 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ (inches) Color moist % Color (moist) % Tvpe Loc Remarks Salt Crust (B11) _ Sediment Deposits (B2) (Rlverine) �Texture lu-ItS i _S Drift Deposits (133) (Riverine) SORM 'Type: C=Concentration, D=De letion, RM=Reduced Matrix.. 21-ocation: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Red Parent Material (TF2) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) _ Other (Explain in Remarks) _ 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) Field Observations: _-Depleted Below Dark Surface (All) _ Depleted Dark Surface (F7) _ Thick Dark Surface (Al 2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Vernal Pools (F9) 31ndicators of hydrophytic vegetation and _ Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Wetland Hydrology Present? Yes No (includes capillary fringe) Type: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Hydric Soil Present? Yes No —4V -- Remarks: Remarks: J��d til?S��GtiY i�Ica HYDROLOGY Wettand Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (B1) (Riverine) _ Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (B2) (Rlverine) High Water Table (A2) _ Biotic Crust (1312) — Drift Deposits (133) (Riverine) Saturation (A3) — Aquatic Invertebrates (1313) Drainage Patterns (B10) _ Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) _ Dry -Season Water Table (C2) Sediment Deposits (132) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) Drift Deposits (133) (Nonriverine) — Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Surface Soil Cracks (136) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) Water -Stained Leaves (139) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes _ No Depth (inches): b Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 6t:io '"0 oAr-vn . Remarks: US Army Corps of Engineers Arid West — Version 11-1-2006..:.. WETLAND DETERMINATION DATA FORM —Arid West Region / Project/Site:Y'_t City/County: P ���fsampiingDate: Applicant/Owner: I � State: Sampling Point: Investigator{s}: L• �� �}CA Section, Township, Range: . 9-5 r S U3 - �� Landform (hillslope{, terrace etc.):' Local relief (concave, convex, none): YMc�`P— Slope Subregion (LRR) 1!� � � .�, LL� h Lat: !') i � L r N Long: __l �--0�J2� (i�� W Datum: Sal Map Unit Name: Wk7Uxd �M.W i_�.'� S� X rX, A/ NWl classification: Q5 S K. Are climatic / hydrologic conditions on the sit typical for this time of year? Yes _� No (If no, explain in Remarks.) Are Vegetation . Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes -,X— No Are Vegetation Soil or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No Wetland Hydrology Present? Yes_ No within a Wetland? Yes _ No VEGETATION US Army Corps of Engineers Arid West - Version 11-1-2006 Absolute Dominant Indicator I Dominance Test worksheet: Tree Stratum (Use scientific names.) °% Cover Species? Status Number of Dominant Species t 1. That Are OBL, FACW, or FAC: f (A) 2. Total Number of Dominant 3• Species Across All Strata: (B) 4. Percent of Dominant Species Total Cover. That Are OBL, FACW, or FAC: DO (AB) SSa lina/Shrub Stratum 1.. Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species, x 1 = FACW species x2= FAC species x3= FACU species x4= 2, 3. 4, 5, Total Cover: Herb Stratum 1 S Lk- Ck 0mu `` V'"� UPL species x 5 = Column Totals: (A) (B) 2. Prevalence Index = B/A = 3, 4, Hydrophytic Vegetation Indicators: X Dominance Test is >50°% _ Prevalence Index is _<3.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 5. 6, 7. 8 _ Problematic Hydrophytic Vegetation' (Explain) Total Cover: WoodyVne Stratum 1. 'Indicators of hydric soil and wetland hydrology must be present. 2 Total Cover: Hydrophytic Vegetation °% Bare Ground in Herb Stratum °% Cover of Biotic Crust Present? Yes No Remarks: US Army Corps of Engineers Arid West - Version 11-1-2006 SOIL Sampling Point:. - I Lo— Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ (inches) Color moist °k Color (moist) % Type Loc Texture Remarks Sediment Deposits (62) (Riverine) High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (133) (Riverine) Saturation (A3) _ <8 VIM oaM 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Sol193: _ Histosoi (Al) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (S6) — 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) — Red Parent Material (72) _ _ Stratified Layers (A5) (LRR C) Depleted Matrix (F3) _ Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) _ _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Depth (inches):- S Thick Dark Surface (Al2) _ Redox Depressions (F8) Water Table Present? Yes No _ Sandy Mucky Mineral (S1) _ Vernal Pools (F9) 31ndicators of hydrophytic vegetation and _ _ Sandy Gieyed Matrix (S4) Depth (inches): wetland hydrology must be present. Restrictive Layer (if present): Type: _, n rpt n I -em Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (B1) (Riverine) Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (62) (Riverine) High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (133) (Riverine) Saturation (A3) _ Aquatic Invertebrates (613) _ Drainage Patterns (810) Water Marks (61) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) _ Dry -Season Water Table (C2) _ _ Sediment Deposits (132) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) Drift Deposits (133) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (136) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) _ Shallow Aquitard (133) _ _ Water -Stained Leaves (139) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes _ No Depth (inches):- S Water Table Present? Yes No Depth (inches): Saturation Present? YesNo Depth (inches): Wetland Hydrology Present? Yes No includes capillary tinge) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: _, n rpt n I -em Remarks: US Army Corps of Engineers Arid West -Version 11-1-2006. Appendix B NWP Summary NWP 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non -tidal wetlands and riparian areas and the restoration and enhancement of nontidal streams and other non -tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in -stream habitat structures; modifications of the stream bed and/or banks to restore or establish stream meanders; the backfilling of artificial channels and drainage ditches; the removal of existing drainage structures; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and streams; on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non -tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior -converted cropland that has not been abandoned or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity result in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting: For those activities that do not require pre -construction notification, the permittee must submit to the district engineer a copy of: (1) The binding wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary Weiland restoration, �, enhanceieit, or establishment action; Or (3) the SMCRA permit issued by OSM or the applicable state agency. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification. The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity (see general condition 27), except for the following activities: (1) Activities conducted on non -Federal public lands and private lands, in accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, or their designated state cooperating agencies; (2) Voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSM or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation. (Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in -lieu fee programs. However, this NWP does not authorize the reversion of an ar %dWa tu1SiilieGl uscII compensatory mitigation projeco is prior colutil, moi i �pei iSa^toi y mitigation is generally intended to be permanent. Buck Gully Canyon Glen Drive Newport Beach, CA 92625 Inquiry Number: 2282004.1s July 31, 2008 440 Wheelers Farms Road www.edrnet.comt.com Milford, CT 06461 (rEDROEnvironmental Data Resources Inc Toll Free: FORM -NULL -LAR TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 OverviewMap----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 MapFindings------------------------------------------------------------ 6 Orphan Summary--------------------------------------------------------- 43 Government Records Searched/Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GRA GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map ------------------------------------------- A-5 Physical Setting Source Map------------------------------------------------ A-12 Physical Setting Source Map Findings A-13 Physical Setting Source Records Searched A-18 Orphan Details----------------------------------------------------------- OD -1 Thank you for your business. 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EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC2282004.1s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS GLEN DRIVE NEWPORT BEACH, CA 92625 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 33.591660 - 33° 35'30.0" 117.867430 - 117° 52' 2.7" Zone 11 419510.5 3717025.5 23 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Most Recent Revision West Map: Most Recent Revision TARGET PROPERTY SEARCH RESULTS 33117-E7 LAGUNA BEACH, CA 1981 33117-E8 NEWPORT BEACH OE S, CA 1981 The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: FEDERAL RECORDS NPL__________________________ National Priority List Proposed NPL Proposed National Priority List Sites Delisted NPL National Priority List Deletions NPL LIENS___________________ Federal Superfund Liens CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System CERC-NFRAP CERCLIS No Further Remedial Action Planned LIENS 2______________________ CERCLA Lien Information TC2282004.1s EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY CORRACTS------------------ Corrective Action Report RCRA-TSDF RCRA - Transporters, Storage and Disposal RCRA-LQG RCRA - Large Quantity Generators RCRA-CESQG--------------- RCRA - Conditionally Exempt Small Quantity Generator RCRA-NonGen RCRA - Non Generators US ENG CONTROLS Engineering Controls Sites List US INST CONTROL---------- Sites with Institutional Controls ERNS Emergency Response Notification System HMIRS Hazardous Materials Information Reporting System DOT OPS-------------------- Incident and Accident Data US CDL Clandestine Drug Labs US BROWNFIELDS A Listing of Brownfields Sites DOD------------------------- Department of Defense Sites FUDS Formerly Used Defense Sites LUCIS Land Use Control Information System CONSENT------------------- Superfund (CERCLA) Consent Decrees ROD Records Of Decision UMTRA - Uranium Mill Tailings Sites ODI-------------------------- Open Dump Inventory DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations MINES Mines Master Index File TRIS------------------------- Toxic Chemical Release Inventory System TSCA ------------------------Toxic Substances Control Act FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing ICIS Integrated Compliance Information System PADS------------------------ PCB Activity Database System MLTS Material Licensing Tracking System RADINFO Radiation Information Database FINDS-----------------------. Facility Index System/Facility Registry System RAATS RCRA Administrative Action Tracking System STATE AND LOCAL RECORDS HIST Cal -Sites ---------------- Historical Calsites Database CA BOND EXP. PLAN-------- Bond Expenditure Plan SCH School Property Evaluation Program Toxic Pits Toxic Pits Cleanup Act Sites SWF/LF---------------------- Solid Waste Information System CA WDS Waste Discharge System WMUDS/SWAT Waste Management Unit Database SWRCY---------------------- Recycler Database CA FID UST Facility Inventory Database SLIC Statewide SLIC Cases LIENS------------------------ Environmental Liens Listing AST Aboveground Petroleum Storage Tank Facilities Notify 65 Proposition 65 Records Orange Co. Industrial Site----. List of Industrial Site Cleanups DEED Deed Restriction Listing VCP Voluntary Cleanup Program Properties WIP-------------------------- Well Investigation Program Case List CDL__________________________ Clandestine Drug Labs RESPONSE State Response Sites EMI-------------------------- Emissions Inventory Data TC2282004.1s EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY HAULERS-------------------- Registered Waste Tire Haulers Listing ENVIROSTOR EnviroStor Database TRIBAL RECORDS INDIAN RESERV Indian Reservations INDIAN ODI------------------ Report on the Status of Open Dumps on Indian Lands INDIAN LUST Leaking Underground Storage Tanks on Indian Land INDIAN UST Underground Storage Tanks on Indian Land INDIAN VCP-----------------. Voluntary Cleanup Priority Listing EDR PROPRIETARY RECORDS Manufactured Gas Plants_____ EDR Proprietary Manufactured Gas Plants SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. FEDERAL RECORDS RCRA-SQG: RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. A review of the RCRA-SQG list, as provided by EDR, and dated 03/06/2008 has revealed that there are 3 RCRA-SQG sites within approximately 0.375 miles of the target property. Equal/Higher Elevation SHELL OIL CO RITZ CLEANERS VANS CLEANERS Address 3600 E PACIFIC COAST HW 3536 E PACIFIC COAST HW 3512 EAST COAST HWY Dist / Dir Map ID Page 118 - 114 NNW C10 17 118 - 114 NNW D14 22 114 - 112NNW D16 28 SSTS: Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. A review of the SSTS list, as provided by EDR, and dated 12/31/2006 has revealed that there is 1 SSTS TC2282004.1s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY site within approximately 0.125 miles of the target property. Equal/Higher Elevation Address OZONE TECHNOLOGY 239 POPPY AVE STATE AND LOCAL RECORDS Dist / Dir Map ID Page 0- 1/8 W 2 6 Cortese: The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal -Sites). This listinc is no longer updated by the state agency. A review of the Cortese list, as provided by EDR, and dated 04/01/2001 has revealed that there are 4 Cortese sites within approximately 0.625 miles of the target property. Equal/Higher Elevation Address Dist / Dir Map ID UNOCAL S S #4898 ARCO #1030 SHELL OIL J M OIL CO INC #2 3928 COAST 118 - 114 ENE B6 3636 COAST 1/8 - 114NNW C7 3600 COAST 118 - 114 NNW C9 3400 COAST 114 - 112NNW E17 Page 10 13 16 32 LUST: The Leaking Underground Storage Tank Incident Reports contain an inventory of reported leaking underground storage tank incidents. The data come from the State Water Resources Control Board Leaking Underground Storage Tank Information System. A review of the LUST list, as provided by EDR, and dated 07/03/2008 has revealed that there are 10 LUST sites within approximately 0.625 miles of the target property. Equal/Higher Elevation Address Dist / Dir Map ID Page UNOCAL S S #4898 3928 COAST 1/8 - 114 ENE B6 10 Facility Status: Case Closed ARCO #1030 3636 COAST 1/8 - 114NNW C7 13 Facility Status: Case Closed ARCO #1030 3636 COAST HWY 1/8 - 1/4 NNW C8 15 SHELL OIL 3600 COAST 118 - 114 NNW C9 16 SHELL OIL CO 3600 E PACIFIC COAST HW 118 - 114NNW C10 17 SHELL OIL 3600 COAST HWY 1/8 - 1/4NNW C13 22 J M OIL CO INC #2 3400 COAST 114 - 112 NNW E17 32 Facility Status: Case Closed Facility Status: Case Closed J M OIL CO INC #2 3400 COAST HWY 1/4 - 1/2NNW E19 39 UNITED OIL COMPANY 3400 COAST HWY 1/4-1/2 NNW E20 40 DOUD COMMERCIAL OFFICE 3100 COAST 1/2 - 1 NNW 22 40 Facility Status: Case Closed TC2282004.1s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data come from the State Water Resources Control Board's Hazardous Substance Storage Container Database. A review of the UST list, as provided by EDR, and dated 07/10/2008 has revealed that there are 2 UST sites within approximately 0.375 miles of the target property. Equal/Higher Elevation Address SHELL (1800-0103) 3600 E COAST HWY UNITED OIL CO #32 3400 E COAST HWY HIST UST: Historical UST Registered Database. Dist / Dir Map ID Page 1/8-1/4NNW C11 20 1/4-1/2NNW E21 40 A review of the HIST UST list, as provided by EDR, and dated 10/15/1990 has revealed that there are 3 HIST UST sites within approximately 0.375 miles of the target property. Equal/Higher Elevation STATION #4898 UNOCAL #4898 RAPID GAS #32 Address 3928 E COAST HWY 3928 E COAST HWY 3400 E COAST HWY Dist / Dir Map ID Page 1/8-1/4ENE B4 8 118 - 114 ENE B5 9 114 - 112NNW E18 37 SWEEPS UST: Statewide Environmental Evaluation and Planning System. This underground storage tank listing was updated and maintained by a company contacted by the SWRCB in the early 1990's. The listing is no longer updated or maintained. The local agency is the contact for more information on a site on the SWEEPS list. A review of the SWEEPS UST list, as provided by EDR, and dated 06/01/1994 has revealed that there are 3 SWEEPS UST sites within approximately 0.375 miles of the target property. Equal/Higher Elevation UNOCAL #4898 SHELL (1800-0103) RAPID GAS #32 Address 3928 E COAST HWY 3600 E PACIFIC COAST HW 3400 E COAST HWY Dist / Dir Map ID Page 118 - 114 ENE B5 9 118 - 114NNW C12 20 114 - 112NNW E18 37 CHMIRS: The California Hazardous Material Incident Report System contains information on reported hazardous material incidents, i.e., accidental releases or spills. The source is the California Office of Emergency Services. A review of the CHMIRS list, as provided by EDR, and dated 12/31/2007 has revealed that there is 1 CHMIRS site within approximately 0.125 miles of the target property. Equal/Higher Elevation Address Dist / Dir Map ID Page Not reported SHORECLIFF RD / EVENI 0-1/8 S A3 7 TC2282004.1s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY DRYCLEANERS: A list of drycleaner related facilities that have EPA ID numbers. These are facilities with certain SIC codes: power laundries, family and commercial; garment pressing and cleaners' agents; linen supply; coin-operated laundries and cleaning; drycleaning plants except rugs; carpet and upholster cleaning; industrial launderers; laundry and garment services. A review of the DRYCLEANERS list, as provided by EDR, and dated 07/31/2007 has revealed that there are 3 DRYCLEANERS sites within approximately 0.375 miles of the target property. Equal/Higher Elevation RITZ CLEANERS RITZ CLEANERS VANS CLEANERS Address 3536 E PACIFIC COAST HW 3536 E COAST HWY 3512 EAST COAST HWY Dist / Dir Map ID Page 118 - 114 NNW D14 22 118 - 114NNW D15 26 1/4 - 112NNW D16 28 HAZNET: The data is extracted from the copies of hazardous waste manifests received each year by the DTSC. The annual volume of manifests is typically 700,000-1,000,000 annually, representing approximately 350,000-500,000 shipments. Data from non -California manifests & continuation sheets are not included at the present time. Data are from the manifests submitted without correction, and therefore many contain some invalid values for data elements such as generator ID, TSD ID, waste category, & disposal method. The source is the Department of Toxic Substance Control is the agency A review of the HAZNET list, as provided by EDR, and dated 12/31/2006 has revealed that there is 1 HAZNET site within approximately 0.125 miles of the target property. Equal/Higher Elevation Address Dist / Dir Map ID Page BANK OF AMERICA 220 EVENING CANYON RD 0 - 1/8 SSE Al TC2282004.1s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name LORAL AEROSPACE AERONUTRONIC UNION OIL CO OF CALIFORNIA, UN S.K. EGG CITY MOBIL S S #18 -HND PRESTIGE #527 (ARCO #1030) HERENT MEGERDICHIAN CAMEO OFFICE BUILDING/CHARLIE MAST RAPID #32 DRY CLEANERS ARCO PETROLEUM PRODUCTS COMPAN MIKES SPORTS BAR, INC VAN'S CLEANERS, MARY MARQUARDT Database(s) PADS, RCRA-SQG, FINDS, RCRA-TSDF, CORRACTS, CERC-NFRAP CHMIRS, EMI SWF/LF LUST UST HIST UST HAZNET HAZNET RCRA-SQG EMI EMI EMI TC2282004.1s EXECUTIVE SUMMARY 7 IN �il��l�fl�l�il�p ,I •.I� �IQI�1�1�I I�I� �'j��� �' DETAIL MAP - 2282004.1s fey 00 'lip" easr DF JP,m 0 l�mrA oy 8sl O`,c` °a C P ,m �i Co�yaY P feymQJm OoeaO d,`a "grey P Qoo oma r`a � A OtG oma o� Qpm �m e �O a /i Qoom 'q/rey �ma O� %e`a Qii� P,m 0 d m Q C�eaOr t Target Property A Sites at elevations higher than or equal to the target property Qpm �Oa 9ve Sites at elevations lower than �m e°�cG the target property A Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites ? oa9`e m Qoc Q Qpm �Oa 9ve �m e°�cG P 5g11a Dr any 0 oa9 Rd a vara \yhi sh 9a F m `aara 9 m Cly .� 00 T, 9y Driitwooa9a MaC�\�9 0 1/16 1/8 1/4 Miles 0 Indian Reservations BIA Areas of Concern N Oil & Gas pipelines 100 -year flood zone 500 -year flood zone . National Wetland Inventory SITE NAME: Buck Gully Canyon CLIENT: RBF Consulting ADDRESS: Glen Drive CONTACT: Stephanie Melton Newport Beach CA 92625 INQUIRY #: 2282004.1s LAT/LONG: 33.5917/117.8674 DATE: July 31, 2008 12:53 pm 001)vrlaht U 2008 EDR, Inc. c> 2007 Tele Atlas Rel. 07/2006. MAP FINDINGS SUMMARY Search Target Distance Total Database Property (Miles) < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted FEDERAL RECORDS NPL 1.125 0 0 0 0 0 0 Proposed NPL 1.125 0 0 0 0 0 0 Delisted NPL 1.125 0 0 0 0 0 0 NPL LIENS 0.125 0 NR NR NR NR 0 CERCLIS 0.625 0 0 0 0 NR 0 CERC-NFRAP 0.625 0 0 0 0 NR 0 LIENS 2 0.125 0 NR NR NR NR 0 CORRACTS 1.125 0 0 0 0 0 0 RCRA-TSDF 0.625 0 0 0 0 NR 0 RCRA-LQG 0.375 0 0 0 NR NR 0 RCRA-SQG 0.375 0 2 1 NR NR 3 RCRA-CESQG 0.375 0 0 0 NR NR 0 RCRA-NonGen 0.250 0 0 NR NR NR 0 US ENG CONTROLS 0.625 0 0 0 0 NR 0 US INST CONTROL 0.625 0 0 0 0 NR 0 ERNS 0.125 0 NR NR NR NR 0 HMIRS 0.125 0 NR NR NR NR 0 DOT OPS 0.125 0 NR NR NR NR 0 US CDL 0.125 0 NR NR NR NR 0 US BROWNFIELDS 0.625 0 0 0 0 NR 0 DOD 1.125 0 0 0 0 0 0 FUDS 1.125 0 0 0 0 0 0 LUCIS 0.625 0 0 0 0 NR 0 CONSENT 1.125 0 0 0 0 0 0 ROD 1.125 0 0 0 0 0 0 UMTRA 0.625 0 0 0 0 NR 0 ODI 0.625 0 0 0 0 NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 MINES 0.375 0 0 0 NR NR 0 TRIS 0.125 0 NR NR NR NR 0 TSCA 0.125 0 NR NR NR NR 0 FTTS 0.125 0 NR NR NR NR 0 HIST FTTS 0.125 0 NR NR NR NR 0 SSTS 0.125 1 NR NR NR NR 1 ICIS 0.125 0 NR NR NR NR 0 PADS 0.125 0 NR NR NR NR 0 MILTS 0.125 0 NR NR NR NR 0 RADINFO 0.125 0 NR NR NR NR 0 FINDS 0.125 0 NR NR NR NR 0 RAATS 0.125 0 NR NR NR NR 0 STATE AND LOCAL RECORDS HIST Cal -Sites 1.125 0 0 0 0 0 0 CA BOND EXP. PLAN 1.125 0 0 0 0 0 0 SCH 0.375 0 0 0 NR NR 0 Toxic Pits 1.125 0 0 0 0 0 0 SWF/LF 0.625 0 0 0 0 NR 0 TC2282004.1s Page 4 Database CA WDS WMUDS/SWAT Cortese S W RCY LUST CA FID UST SLIC UST HIST UST LIENS AST SWEEPS UST CHMIRS Notify 65 Orange Co. Industrial Site DEED VCP DRYCLEANERS WIP CDL RESPONSE HAZNET EMI HAULERS ENVIROSTOR TRIBAL RECORDS MAP FINDINGS SUMMARY Search 0 0 0 0 0 0 0.500 Target Distance 0 0 NR NR 0 0.625 Total Property (Miles) < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted 0.125 0 NR NR NR NR 0 0.625 0 0 0 0 NR 0 0.625 0 3 1 0 NR 4 0.625 0 0 0 0 NR 0 0.625 0 6 3 1 NR 10 0.375 0 0 0 NR NR 0 0.625 0 0 0 0 NR 0 0.375 0 1 1 NR NR 2 0.375 0 2 1 NR NR 3 0.125 0 NR NR NR NR 0 0.375 0 0 0 NR NR 0 0.375 0 2 1 NR NR 3 0.125 1 NR NR NR NR 1 1.125 0 0 0 0 0 0 0.125 0 NR NR NR NR 0 0.625 0 0 0 0 NR 0 0.625 0 0 0 0 NR 0 0.375 0 2 1 NR NR 3 0.375 0 0 0 NR NR 0 0.125 0 NR NR NR NR 0 1.125 0 0 0 0 0 0 0.125 1 NR NR NR NR 1 0.125 0 NR NR NR NR 0 TP NR NR NR NR NR 0 1.125 0 0 0 0 0 0 INDIAN RESERV INDIAN ODI INDIAN LUST INDIAN UST INDIAN VCP EDR PROPRIETARY RECORDS 1.125 0 0 0 0 0 0 0.500 0 0 0 NR NR 0 0.625 0 0 0 0 NR 0 0.375 0 0 0 NR NR 0 0.500 0 0 0 NR NR 0 Manufactured Gas Plants 1.125 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database 0 0 0 0 0 0 TC2282004.1s Page 5 Map ID Direction Distance Elevation Site Al SSE < 1/8 0.079 mi. 416 ft. Relative: Higher Actual: 79 ft. BANK OF AMERICA 220 EVENING CANYON RD CORONA DEL MAR, CA 92625 Site 1 of 2 in cluster A HAZNET: Gepaid: Contact: Telephone: Facility Addr2: Mailing Name: Mailing Address: Mailing City,St,Zip: Gen County: TSD EPA ID: TSD County: Waste Category: Disposal Method: Tons: Facility County: MAP FINDINGS CAC001393064 BANK OF AMERICA 7142605813 Not reported Not reported 24301 SOUTHLAND DR STE 400 HAYWARD, CA 945450000 Orange CAD009007626 Los Angeles Asbestos -containing waste Disposal, Land Fill 1.8541 Orange 2 OZONE TECHNOLOGY West 239 POPPY AVE < 1/8 CORONA DEL MAR, CA 92625 0.101 mi. 535 ft. Relative: Higher Actual 95 ft. SSTS: Product: Status: Registration Number: Report Year: Permit: Product Number: Product Type: Product Class: Product Use: UOM: Market: Region: Product: Status: Registration Number: Report Year: Permit: Product Number: Product Type: Product Class: Product Use: UOM: Market: Region: OZONE GENERATOR Active 063752CA 001 1990 Unregistered 063752DV00001 Device Device All other products Not reported Marketed in the United States Not reported OZONE GENERATOR Active 063752CA 001 1991 Unregistered 063752DV00001 Device Device All other products Not reported Marketed in the United States Not reported EDR ID Number Database(s) EPA ID Number HAZNET S103951819 N/A SSTS 1005434497 N/A TC2282004.1s Page 6 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number A3 CHMIRS S106393012 South SHORECLIFF RD / EVENING CANYON RD, CORONA DEL MA N/A < 1/8 NEWPORT BEACH, CA 0.117 mi. 617 ft. Site 2 of 2 in cluster A Relative: CHMIRS: Higher OES Incident Number: 98-2535 OES notification: 6/1/199803:12:55 PM Actual: OES Date: Not reported 70 ft. OES Time: Not reported Incident Date: Not reported Date Completed: Not reported Property Use: Not reported Agency Id Number: Not reported Agency Incident Number: Not reported Time Notified: Not reported Time Completed: Not reported Surrounding Area: Not reported Estimated Temperature: Not reported Property Management: Not reported Special Studies 1: Not reported Special Studies 2: Not reported Special Studies 3: Not reported Special Studies 4: Not reported Special Studies 5: Not reported Special Studies 6: Not reported More Than Two Substances Involved?: Not reported Resp Agncy Personel # Of Decontaminated: Not reported Responding Agency Personel # Of Injuries: Not reported Responding Agency Personel # Of Fatalities:Not reported Others Number Of Decontaminated: Not reported Others Number Of Injuries: Not reported Others Number Of Fatalities: Not reported Vehicle Make/year: Not reported Vehicle License Number: Not reported Vehicle State: Not reported Vehicle Id Number: Not reported CA/DOT/PUC/ICC Number: Not reported Company Name: Not reported Reporting Officer Name/ID: Not reported Report Date: Not reported Comments: Not reported Facility Telephone: Not reported Waterway Involved: Yes Waterway: Little Corona Spill Site: Not reported Cleanup By: Fire Dept. Containment: Not reported What Happened: Not reported Type: Not reported Measure: Not reported Other: Not reported Date/Time: Not reported Year: 1998 Agency: Orange Co SD Incident Date: 6/1/199812:00:00 AM Admin Agency: Newport Beach Fire Department Amount: Not reported TC2282004.1s Page 7 Map ID Direction Distance Elevation Site (Continued) Contained: Site Type: E Date: Substance: Quantity Released: BBLS: Cups: CUFT: Gallons: Grams: Pounds: Liters: Ounces: Pints: Quarts: Sheen: Tons: Unknown: Description: Evacuations: Number of Injuries: Number of Fatalities: Description: MAP FINDINGS EDR ID Number Database(s) EPA ID Number S106393012 Yes Other Not reported Latex Paint Not reported 0 0 0 5-15 0 0 0 0 0 0 0 0 0 Not reported 0 0 0 Was being dischaged into tide pools from drain pipe; recovered & cleaned up. B4 STATION #4898 HIST UST 0001576770 ENE 3928 E COAST HWY N/A 1/8-1/4 CORONA DEL MAR, CA 92625 0.158 mi. 835 ft. Site 1 of 3 in cluster B Relative: HIST UST: Higher Region: Facility ID: Actual: Facility Type: 84 ft. Other Type: Total Tanks: Contact Name: Telephone: Owner Name: Owner Address: Owner City,St,Zip: Tank Num: Container Num: Year Installed: Tank Capacity: Tank Used for: Type of Fuel: Tank Construction: Leak Detection: STATE 00000043689 Gas Station Not reported 0001 DONALD R. FITZGERALD 7146752276 UNION OIL COMPANY OF CALIFORNI 1450 FRAZEE ROAD SAN DIEGO, CA 92108 001 4898-00 1962 00000000 WASTE Not reported 6 inches Visual TC2282004.1s Page 8 Map ID Direction Distance Elevation Site B5 ENE 1/8-1/4 0.158 mi. 835 ft. Relative: Higher Actual: 84 ft. UNOCAL #4898 3928 E COAST HWY CORONA DEL MAR, CA 92625 Site 2 of 3 in cluster B HIST UST: Region: Facility ID: Facility Type: Other Type: Total Tanks: Contact Name: Telephone: Owner Name: Owner Address: Owner City,St,Zip: MAP FINDINGS STATE 00000017896 Gas Station Not reported 0003 DONALD FITZGERALD 7146752276 UNION OIL COMPANY OF CALIFORNI 123 CAMINO DE LA REINA SAN DIEGO, CA 92108 Tank Num: 001 Container Num: 4898-34 Year Installed: 1962 Tank Capacity: 00000280 Tank Used for: WASTE Type of Fuel: WASTE OIL Tank Construction: Not reported Leak Detection: None Tank Num: 002 Container Num: 4898-22 Year Installed: 1984 Tank Capacity: 00012000 Tank Used for: PRODUCT Type of Fuel: PREMIUM Tank Construction: Not reported Leak Detection: Stock Inventor, 10 Tank Num: 003 Container Num: 4898-11 Year Installed: 1984 Tank Capacity: 00012000 Tank Used for: PRODUCT Type of Fuel: UNLEADED Tank Construction: Not reported Leak Detection: Stock Inventor. 10 SWEEPS UST: Status: A Comp Number: 2060 Number: 9 Board Of Equalization: 44-001057 Ref Date: 09-30-92 Act Date: 06-18-92 Created Date: 02-29-88 Tank Status: A Owner Tank Id: Not reported Swrcb Tank Id: 30-000-002060-000001 Actv Date: Not reported Capacity: 500 Tank Use: PETROLEUM EDR ID Number Database(s) EPA ID Number HIST UST 0001576772 SWEEPS UST N/A TC2282004.1s Page 9 Map ID MAP FINDINGS Direction Distance Elevation Site B6 ENE 1/8-1/4 0.158 mi. 835 ft. Relative: Higher Actual 84 ft. UNOCAL #4898 (Continued) Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: P Not reported 3 A 2060 9 44-001057 09-30-92 06-18-92 02-29-88 A Not reported 30-000-002060-000004 Not reported 12000 M.V. FUEL P REG UNLEADED Not reported A 2060 9 44-001057 09-30-92 06-18-92 02-29-88 A Not reported 30-000-002060-000005 Not reported 12000 M.V. FUEL P REG UNLEADED Not reported UNOCAL S S #4898 3928 COAST CORONA DEL MAR, CA 92625 Site 3 of 3 in cluster B LUST: Region: Status: Case Number: Local Case #: Chemical: Qty Leaked: Abate Method: Release Date: Discover Date: Report Date: Enforcement Dt: Review Date: Enter Date: STATE Case Closed 083000265T 91UT157 Gasoline 0 Not reported 1991-12-18 00:00:00 1991-12-18 00:00:00 1994-07-28 00:00:00 Not reported Not reported Not reported EDR ID Number Database(s) EPA ID Number 0001576772 LUST S103866848 Cortese N/A TC2282004.1 s Page 10 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number UNOCAL S S #4898 (Continued) S103866848 Stop Date: 9999-09-09 00:00:00 Confirm Leak: Not reported Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown Global Id: T0605900205 Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported MTBE Date: Not reported GW Qualifier: Not reported Soil Qualifier: Not reported Max MTBE GW ppb: Not reported Max MTBE Soil ppb: Not reported County: 30 Org Name: Not reported Reg Board: Santa Ana Region Contact Person: Not reported Responsible Party: GERRY MACHINSKI RP Address: 3790 VIA DE LA VALLE SUITE 30 Interim: Not reported Oversight Prgm: LUST MTBE Class: MTBE Conc: 0 MTBE Fuel: 1 MTBE Tested: Site NOT Tested for MTBE.Includes Unknown and Not Analyzed. Staff: NOM Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Operator: Not reported Water System Name:Not reported Well Name: Not reported Distance To Lust: 0 Waste Discharge Global ID: Not reported Waste Disch Assigned Name: Not reported Summary: Not reported LUST: Region: ORANGE Facility Id: 91 UT157 Current Status: Certification (Case Closed) Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Date Closed: 07/28/1994 TC2282004.1 s Page 11 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number UNOCAL S S #4898 (Continued) S103866848 Case Type: Soil Only Record ID: RO0000951 LUST: Region: 8 Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown Global ID: T0605900205 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported Close Date: 7/28/1994 Discover Date: 12/18/1991 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Case Closed Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: 33.6212471 Longitude: -117.9312214 MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: NOM Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 91 UT157 Case Number: 083000265T Qty Leaked: 0 TC2282004.1 s Page 12 Map ID MAP FINDINGS Direction Distance Elevation Site UNOCAL S S #4898 (Continued) Abate Method MTBE Class: Summary: Cortese: Region: Facility Addr2: Not reported Not reported CORTESE Not reported EDR ID Number Database(s) EPA ID Number S103866848 C7 ARCO #1030 HAZNET S103950620 NNW 3636 COAST LUST N/A 1/8-1/4 CORONA DEL MAR, CA 92625 Cortese 0.202 mi. 1067 ft. Site 1 of 7 in cluster C Relative: HAZNET: Higher Gepaid: Contact: Actual: Telephone: 100 ft. Facility Addr2: Mailing Name: Mailing Address: Mailing City,St,Zip: Gen County: TSD EPA ID: TSD County: Waste Category: Disposal Method: Tons: Facility County: LUST: Region: Status: Case Number: Local Case #: Chemical: Qty Leaked: Abate Method: Release Date: Discover Date: Report Date: Enforcement Dt: Review Date: Enter Date: Stop Date: Confirm Leak: Case Type: Cross Street: Enf Type: Funding: How Discovered: How Stopped: Leak Cause: Leak Source: Global Id: Workplan: Prelim Assess: CAL000019821 ATLANTIC RICHFIELD COMPANY 2134860494 Not reported Not reported PO BOX 6038 ARTESIA, CA 907026038 Riverside CAD009452657 San Mateo Unspecified solvent mixture Waste Not reported .1292 Riverside STATE Case Closed 083000588T 87UT040 Gasoline 0 Not reported 1987-04-13 00:00:00 1987-04-13 00:00:00 1991-02-12 00:00:00 Not reported Not reported Not reported 9999-09-09 00:00:00 Not reported Soil only Not reported Not reported Not reported Tank Closure Close Tank Unknown Unknown T0605900474 Not reported Not reported TC2282004.1 s Page 13 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number ARCO #1030 (Continued) S103950620 Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported MTBE Date: Not reported GW Qualifier: Not reported Soil Qualifier: Not reported Max MTBE GW ppb: Not reported Max MTBE Soil ppb: Not reported County: 30 Org Name: Not reported Reg Board: Santa Ana Region Contact Person: Not reported Responsible Party: JOE TULLY RP Address: P O BOX 6411 Interim: Not reported Oversight Prgm: LUST MTBE Class: Not reported MTBE Conc: 0 MTBE Fuel: 1 MTBE Tested: Site NOT Tested for MTBE.Includes Unknown and Not Analyzed. Staff: VJB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Operator: Not reported Water System Name:Not reported Well Name: Not reported Distance To Lust: 0 Waste Discharge Global ID: Not reported Waste Disch Assigned Name: Not reported Summary: Not reported LUST: Region: 8 Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown Global ID: T0605900474 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported TC2282004.1 s Page 14 Map ID MAP FINDINGS Direction Distance Elevation Site ARCO #1030 (Continued) Close Date: 2/12/1991 Discover Date: 4/13/1987 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Case Closed Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: 33.5945236 Longitude: -117.8674119 MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: Vii Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 87UT040 Case Number: 083000588T Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported Cortese: Region: CORTESE Facility Addr2: 3636 COAST HWY C8 ARCO #1030 NNW 3636 COAST HWY 1/8-1/4 NEWPORT BEACH, CA 92625 0.202 mi. 1067 ft. Site 2 of 7 in cluster C Relative: LUST: Higher Region: Facility Id: Actual: Current Status: 100 ft. Released Substance Date Closed: Case Type: Record ID: EDR ID Number Database(s) EPA ID Number ORANGE 87UT040 Certification (Case Closed) Gasoline -Automotive (motor gasoline and additives), leaded & unleaded 02/12/1991 Soil Only RO0001768 S103950620 LUST S105695951 N/A TC2282004.1 s Page 15 Map ID Direction Distance Elevation Site C9 NNW 1/8-1/4 0.216 mi. 1142 ft. Relative: Higher Actual: 101 ft. SHELL OIL 3600 COAST CORONA DEL MAR, CA 92625 Site 3 of 7 in cluster C LUST: Region: Case Type: Cross Street: Enf Type: Funding: How Discovered: How Stopped: Leak Cause: Leak Source: Global ID: How Stopped Date: Review Date: Workplan: Prelim Assess: Pollution Char: Remed Plan: Remed Action: Monitoring: Close Date: Discover Date: Enforcement Date: Review Date: Enter Date: MTBE Date: GW Qualifies: Soil Qualifies: Max MTBE GW: Max MTBE Soil: County: Operator: Regional Board: Facility Status: Substance: Facility Contact: Interim: Oversite Program: Latitude: Longitude: MTBE Concentration: MTBE Fuel: MTBE Tested: Staff: Staff Initials: Lead Agency: Local Agency: Hydr Basin #: Beneficial: Priority: Cleanup Fund Id: Work Suspended: Local Case Num: Case Number: MAP FINDINGS 8 Other ground water affected Not reported Not reported Not reported OM Other Means Unknown Unknown T0605900266 9/9/9999 Not reported Not reported Not reported Not reported Not reported Not reported Not reported 4/25/2001 1/11/1965 Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported Orange Not reported 08 Case Closed 8006619 Not reported Not reported LUST 33.5946996 -117.8676939 0 1 NT CAB JK Local Agency 30000L Not reported MAR Not reported Not reported Not reported 86UT030 083000340T EDR ID Number Database(s) EPA ID Number LUST S104791725 Cortese N/A TC2282004.1 s Page 16 Map ID MAP FINDINGS Direction Distance Elevation Site SHELL OIL (Continued) Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported Cortese: Region: CORTESE Facility Addr2: Not reported C10 SHELL OIL CO NNW 3600 E PACIFIC COAST HWY 1/8-1/4 CORONA DEL MAR, CA 92625 0.222 mi. 1172 ft. Site 4 of 7 in cluster C Relative: RCRA-SQG EDR ID Number Database(s) EPA ID Number S104791725 RCRA-SQG 1000288471 LUST CAD981446776 Higher Date form received by agency: 04/08/1998 Facility name: SHELL OIL CO Actual: Facility address: 3600 E PACIFIC COAST HWY 102 ft. CORONA DEL MAR, CA 92625 EPA ID: CAD981446776 Mailing address: P O BOX 4453 HOUSTON, TX 772104453 Contact: SONDRA BIENVENU Contact address: P O BOX 4453 HOUSTON, TX 772104453 Contact country: US Contact telephone: (713) 241-2258 Contact email: Not reported EPA Region: 09 Classification: Small Small Quantity Generator Description: Handler: generates more than 100 and less than 1000 kg of hazardous waste during any calendar month and accumulates less than 6000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time Owner/Operator Summary: Owner/operator name: Owner/operator address Owner/operator country: Owner/operator telephone Legal status: Owner/Operator Type: Owner/Op start date: Owner/Op end date: Owner/operator name: Owner/operator address Owner/operator country: Owner/operator telephone Legal status: Owner/Operator Type: Owner/Op start date: Owner/Op end date: NOT REQUIRED NOT REQUIRED NOT REQUIRED, ME 99999 Not reported (415) 555-1212 Private Operator Not reported Not reported EQUILON ENTERPRISES LLC P O BOX 4453 HOUSTON, TX 77210 Not reported (713)241-2258 Private Owner Not reported Not reported TC2282004.1 s Page 17 Map ID Direction Distance Elevation Site SHELL OIL CO (Continued) Handler Activities Summary: U.S. importer of hazardous waste: Mixed waste (haz. and radioactive): Recycler of hazardous waste: Transporter of hazardous waste: Treater, storer or disposer of HW: Underground injection activity: On-site burner exemption: Furnace exemption: Used oil fuel burner: Used oil processor: User oil refiner: Used oil fuel marketer to burner: Used oil Specification marketer: Used oil transfer facility: Used oil transporter: Off-site waste receiver: MAP FINDINGS Unknown Unknown No No No No Unknown Unknown No No No No No No No Commercial status unknown Historical Generators: Date form received by agency: 09/01/1996 Facility name: SHELL OIL CO Classification: Small Quantity Generator Hazardous Waste Summary EDR ID Number Database(s) EPA ID Number 1000288471 Waste code: D001 Waste name: IGNITABLE HAZARDOUS WASTES ARE THOSE WASTES WHICH HAVE A FLASHPOINT OF Facility Id: LESS THAN 140 DEGREES FAHRENHEIT AS DETERMINED BY A PENSKY-MARTENS Current Status: CLOSED CUP FLASH POINT TESTER. ANOTHER METHOD OF DETERMINING THE Released Substance: FLASH POINT OF A WASTE IS TO REVIEW THE MATERIAL SAFETY DATA SHEET, Date Closed: WHICH CAN BE OBTAINED FROM THE MANUFACTURER OR DISTRIBUTOR OF THE Case Type: MATERIAL. LACQUER THINNER IS AN EXAMPLE OF A COMMONLY USED SOLVENT Record ID: WHICH WOULD BE CONSIDERED AS IGNITABLE HAZARDOUS WASTE. Waste code: D018 Waste name: BENZENE Violation Status: No violations found LUST: Region: ORANGE Facility Id: 03UT002 Current Status: Certification (Case Closed) Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Date Closed: 08/01/2006 Case Type: Other Ground Water Record ID: RO0003121 LUST: Region: 8 Case Type: Other ground water affected Cross Street: Not reported Enf Type: NOR Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown TC2282004.1 s Page 18 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number SHELL OIL CO (Continued) 1000288471 Leak Source: Unknown Global ID: T0605926684 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: 3/24/2003 Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported Close Date: Not reported Discover Date: 12/4/2002 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Preliminary site assessment underway Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: 0 Longitude: 0 MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: CAB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MAR Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 03UT002 Case Number: Not reported Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported TC2282004.1 s Page 19 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number C11 NNW 1/8-1/4 0.222 mi. 1172 ft. Relative: Higher Actual: 102 ft. SHELL (1800-0103) 3600 E COAST HWY CORONA DEL MAR, CA 92625 Site 5 of 7 in cluster C UST: Local Agency: 30000 Facility ID: 6740 UST 0003996929 N/A C12 SHELL (1800-0103) HAZNET S103963153 NNW 3600 E PACIFIC COAST HWY SWEEPS UST N/A 1/8-1/4 CORONA DEL MAR, CA 92625 0.222 mi. 1172 ft. Site 6 of 7 in cluster C Relative: HAZNET: Higher Gepaid: CAD981446776 Contact: EQUILON ENTERPRISES LLC Actual: Telephone: 7132412258 102 ft. Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: PO BOX 2099 Mailing City,St,Zip: HOUSTON, TX 772522099 Gen County: Orange TSD EPA ID: CAD009466392 TSD County: 7 Waste Category: Empty containers less than 30 gallons Disposal Method: Disposal, Other Tons: .2000 Facility County: Orange Gepaid: CAD981446776 Contact: NORA CORTEZ/ENV. DATA ANALYST Telephone: 7132413353 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: PO BOX 4453 TSP 1922 Mailing City,St,Zip: HOUSTON, TX 772104453 Gen County: Orange TSD EPA ID: Not reported TSD County: San Bernardino Waste Category: Other empty containers 30 gallons or more Disposal Method: Disposal, Other Tons: 15.25 Facility County: Not reported Gepaid: CAD981446776 Contact: NORA CORTEZ/ENV. DATA ANALYST Telephone: 7132413353 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: PO BOX 4453 TSP 1922 Mailing City,St,Zip: HOUSTON, TX 772104453 Gen County: Orange TSD EPA ID: Not reported TSD County: Los Angeles Waste Category: Aqueous solution with less than 10% total organic residues Disposal Method: Recycler Tons: 1.87 TC2282004.1 s Page 20 Map ID MAP FINDINGS Direction Distance Elevation Site SHELL (1800-0103) (Continued) Facility County: Not reported SWEEPS UST: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: A 6740 9 44-000074 09-30-92 09-15-92 02-29-88 A Not reported 30-000-006740-000001 Not reported 10000 M.V. FUEL P LEADED 4 A 6740 9 44-000074 09-30-92 09-15-92 02-29-88 A Not reported 30-000-006740-000002 Not reported 10000 M.V. FUEL P REG UNLEADED Not reported A 6740 9 44-000074 09-30-92 09-15-92 02-29-88 A Not reported 30-000-006740-000003 Not reported 10000 M.V. FUEL P REG UNLEADED Not reported A 6740 9 EDR ID Number Database(s) EPA ID Number S103963153 TC2282004.1 s Page 21 Map ID MAP FINDINGS Direction Distance Elevation Site C13 NNW 1/8-1/4 0.222 mi. 1172 ft. SHELL (1800-0103) (Continued) Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: 44-000074 09-30-92 09-15-92 02-29-88 A Not reported 30-000-006740-000004 Not reported 550 PETROLEUM P Not reported Not reported SHELL OIL 3600 COAST HWY NEWPORT BEACH, CA 92625 Site 7 of 7 in cluster C EDR ID Number Database(s) EPA ID Number Relative: LUST: NNW Higher Region: ORANGE 0.248 mi. Facility Id: 86UT030 Actual: Current Status: Certification (Case Closed) 102 ft. Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Contact address: Date Closed: 04/25/2001 CORONA DEL MAR, CA 92625 Case Type: Other Ground Water Contact telephone: Record ID: RO0001474 D14 RITZ CLEANERS NNW 3536 E PACIFIC COAST HWY 1/8-1/4 CORONA DEL MAR, CA 92625 0.248 mi. EPA ID: 1308 ft. Site 1 of 3 in cluster D Relative: RCRA-SQG S103963153 LUST S105695950 N/A RCRA-SQG 1000597231 HAZNET CAD983612334 DRYCLEANERS EMI Higher Date form received by agency: 11/01/1991 Facility name: RITZ CLEANERS Actual: Facility address: 3536 E PACIFIC COAST HWY 104 ft. CORONA DEL MAR, CA 92625 EPA ID: CAD983612334 Mailing address: E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 Contact: WON YUN Contact address: 3536 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 Contact country: US Contact telephone: (714) 675-6114 Contact email: Not reported EPA Region: 09 Classification: Small Small Quantity Generator Description: Handler: generates more than 100 and less than 1000 kg of hazardous waste during any calendar month and accumulates less than 6000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time TC2282004.1 s Page 22 Map ID Direction Distance Elevation Site RITZ CLEANERS (Continued) Owner/Operator Summary: Owner/operator name: Owner/operator address Owner/operator country: Owner/operator telephone Legal status: Owner/Operator Type: Owner/Op start date: Owner/Op end date: MAP FINDINGS YUN WON 3536 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 Not reported (714)675-6114 Private Owner Not reported Not reported Handler Activities Summary: U.S. importer of hazardous waste: Mixed waste (haz. and radioactive): Recycler of hazardous waste: Transporter of hazardous waste: Treater, storer or disposer of HW: Underground injection activity: On-site burner exemption: Furnace exemption: Used oil fuel burner: Used oil processor: User oil refiner: Used oil fuel marketer to burner: Used oil Specification marketer: Used oil transfer facility: Used oil transporter: Off-site waste receiver: Unknown Unknown No No No No Unknown Unknown No No No No No No No Commercial status unknown Violation Status: No violations found HAZNET: CAD981635600 Gepaid: CAD981635600 Contact: WON DAE YUN Telephone: 9497180877 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613976 TSD County: Orange Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: .5375 Facility County: Orange Gepaid: CAD981635600 Contact: WON DAE YUN Telephone: 9497180877 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613976 TSD County: Orange EDR ID Number Database(s) EPA ID Number 1000597231 TC2282004.1 s Page 23 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number RITZ CLEANERS (Continued) 1000597231 Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: .7450 Facility County: Orange Gepaid: CAD981635600 Contact: WON DAE YUN Telephone: 9497180877 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613976 TSD County: Orange Waste Category: Not reported Disposal Method: Transfer Station Tons: .0000 Facility County: Orange Gepaid: CAD981635600 Contact: TED DEMIRCIAN/OWNER Telephone: 7146756114 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: Not reported TSD County: Orange Waste Category: Not reported Disposal Method: Transfer Station Tons: 0 Facility County: Not reported Gepaid: CAD981635600 Contact: TED DEMIRCIAN/OWNER Telephone: 7146756114 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: Not reported TSD County: Orange Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.54 Facility County: Not reported Click this hv,parlink while viewing on your computer to access 12 additional CA HAZNET: record(s) in the EDR Site Report. CLEANERS: EPA Id: CAD983612334 NAICS Code: Not reported NAICS Description: Not reported TC2282004.1 s Page 24 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number RITZ CLEANERS (Continued) 1000597231 Create Date: 11/1/1991 Facility Active: No Inactive Date: 1/1/1995 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E PACIFIC COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926250000 Region Code: 9 Owner Name: YUN WON Owner Address: 3536 E PACIFIC COAST HWY Owner Address 2: Not reported Owner Telephone: Not reported Owner Fax Number: Not reported Contact Name: INACTIVE PER SURVEY 2-22-95 LC Contact Address: -- Contact Address 2: Not reported Contact Telephone: -- Contact Fax Number: Not reported SIC Description: Not reported EMI: Year: 1987 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 50104 Air District Name: SC SIC Code: 7216 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 1 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 Year: 1990 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 50104 Air District Name: SC SIC Code: 7216 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 1 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 TC2282004.1 s Page 25 Map ID MAP FINDINGS Gepaid: Direction Contact: TED DEMIRCIAN/OWNER Distance 9496756114 EDR ID Number Elevation Site Database(s) EPA ID Number D15 RITZ CLEANERS FINDS 1007738782 NNW 3536 E COAST HWY HAZNET 110018989745 1/8-1/4 CORONA DEL MAR, CA 92625 DRYCLEANERS TSD County: 0.248 mi. Waste Category: Liquids with halogenated organic compounds > 1000 mg/I 1309 ft. Site 2 of 3 in cluster D Tons: Relative: FINDS: Not reported Higher Other Pertinent Environmental Activity Identified at Site Telephone: Actual: California - Hazardous Waste Tracking System - Datamart Not reported 104 ft. Not reported Mailing Address: 3536 E COAST HWY RCRAInfo is a national information system that supports the Resource CORONA DEL MAR, CA 926250000 Gen County: Conservation and Recovery Act (RCRA) program through the tracking of TSD EPA ID: CAT000613893 events and activities related to facilities that generate, transport, and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA program staff to track the notification, permit, compliance, and corrective action activities required under RCRA. HAZNET: CAD981635600 Gepaid: CAD981635600 Contact: TED DEMIRCIAN/OWNER Telephone: 9496756114 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613893 TSD County: Los Angeles Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.1 Facility County: Not reported Gepaid: CAD981635600 Contact: TED DEMIRCIAN/OWNER Telephone: 9496756114 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613893 TSD County: Orange Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.15 Facility County: Orange Gepaid: CAD981635600 Contact: TED DEMIRCIAN/OWNER Telephone: 9496756114 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613893 TC2282004.1 s Page 26 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number RITZ CLEANERS (Continued) 1007738782 TSD County: Los Angeles Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.1 Facility County: Not reported CLEANERS: EPA Id: CAC002364319 NAICS Code: Not reported NAICS Description: Not reported Create Date: 7/20/2001 Facility Active: No Inactive Date: 9/10/2002 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926250000 Region Code: 4 Owner Name: TED DEMIRCIAN Owner Address: 3536 E COAST HWY Owner Address 2: Not reported Owner Telephone: 0 Owner Fax Number: Not reported Contact Name: TED DEMIRCIAN/OWNER Contact Address: 3536 E COAST HWY Contact Address 2: Not reported Contact Telephone: 7146756114 Contact Fax Number: Not reported SIC Description: Not reported EPA Id: CAD981635600 NAICS Code: Not reported NAICS Description: Not reported Create Date: 7/3/1987 Facility Active: No Inactive Date: 6/30/2004 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3536 E COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926250000 Region Code: 4 Owner Name: TED DEMIRCIAN Owner Address: 1927 HARBOR BLVD #733 Owner Address 2: Not reported Owner Telephone: Not reported Owner Fax Number: Not reported Contact Name: TED DEMIRCIAN/OWNER Contact Address: 3536 E COAST HWY #D Contact Address 2: Not reported Contact Telephone: 9496756114 Contact Fax Number: Not reported SIC Description: Not reported TC2282004.1 s Page 27 Map ID Direction Distance Elevation Site D16 NNW 1/4-1/2 0.260 mi. 1375 ft. VANS CLEANERS 3512 EAST COAST HWY CORONA DEL MAR, CA 92625 Site 3 of 3 in cluster D Relative: RCRA-SQG MAP FINDINGS EDR ID Number Database(s) EPA ID Number RCRA-SQG 1000374378 FINDS CAD981573363 HAZNET DRYCLEANERS EMI Higher Date form received by agency: 09/09/1986 Facility name: VANS CLEANERS Actual: Facility address: 3512 EAST COAST HWY 106 ft. CORONA DEL MAR, CA 92625 EPA ID: CAD981573363 Contact: ENVIRONMENTAL MANAGER Contact address: 3512 EAST COAST HWY No CORONA DEL MAR, CA 92625 Contact country: US Contact telephone: (714) 673-4920 Contact email: Not reported EPA Region: 09 Classification: Small Small Quantity Generator Description: Handler: generates more than 100 and less than 1000 kg of hazardous waste during any calendar month and accumulates less than 6000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time Owner/Operator Summary: Owner/operator name: Owner/operator address Owner/operator country: Owner/operator telephone Legal status: Owner/Operator Type: Owner/Op start date: Owner/Op end date: Owner/operator name: Owner/operator address Owner/operator country: Owner/operator telephone Legal status: Owner/Operator Type: Owner/Op start date: Owner/Op end date: MARY MARQUARDAT NOT REQUIRED NOT REQUIRED, ME 99999 Not reported (415) 555-1212 Private Owner Not reported Not reported NOT REQUIRED NOT REQUIRED NOT REQUIRED, ME 99999 Not reported (415) 555-1212 Private Operator Not reported Not reported Handler Activities Summary: U.S. importer of hazardous waste: Unknown Mixed waste (haz. and radioactive): Unknown Recycler of hazardous waste: No Transporter of hazardous waste: No Treater, storer or disposer of HW: No Underground injection activity: No On-site burner exemption: Unknown Furnace exemption: Unknown Used oil fuel burner: No Used oil processor: No TC2282004.1 s Page 28 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number VANS CLEANERS (Continued) 1000374378 User oil refiner: No Used oil fuel marketer to burner: No Used oil Specification marketer: No Used oil transfer facility: No Used oil transporter: No Off-site waste receiver: Commercial status unknown Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site RCRAInfo is a national information system that supports the Resource Conservation and Recovery Act (RCRA) program through the tracking of events and activities related to facilities that generate, transport, and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA program staff to track the notification, permit, compliance, and corrective action activities required under RCRA. HAZNET: CAL000191863 Gepaid: CAD981573363 Contact: MARY E MARQUARDT Telephone: 7149751179 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926252403 Gen County: Riverside TSD EPA ID: CAT000613976 TSD County: Orange Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 1.4300 Facility County: Riverside Gepaid: CAL000191863 Contact: YONG PARK/OWNER Telephone: 9496734920 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613893 TSD County: Los Angeles Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.1 Facility County: Not reported Gepaid: CAL000191863 Contact: YONG PARK/OWNER Telephone: 9496734920 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY TC2282004.1 s Page 29 Map ID Direction Distance Elevation MAP FINDINGS Site EDR ID Number Database(s) EPA ID Number VANS CLEANERS (Continued) Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Orange TSD EPA ID: CAT000613893 TSD County: Los Angeles Waste Category: Liquids with halogenated organic compounds > 1000 mg/I Disposal Method: Transfer Station Tons: 0.1 Facility County: Not reported Gepaid: CAL000177321 Contact: SIMON EDWARD GROUP INC Telephone: 0000000000 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Riverside TSD EPA ID: CAD981397417 TSD County: Los Angeles Waste Category: Halogenated solvents (chloroform, methyl chloride, perch loroethylene, etc.) Disposal Method: Recycler Tons: .0625 Facility County: Riverside Gepaid: CAL000177321 Contact: SIMON EDWARD GROUP INC Telephone: 0000000000 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing City,St,Zip: CORONA DEL MAR, CA 926250000 Gen County: Riverside TSD EPA ID: CAD981397417 TSD County: Los Angeles Waste Category: Halogenated solvents (chloroform, methyl chloride, perch loroethylene, Mailing Address: etc.) Disposal Method: Recycler Tons: 1.3720 Facility County: Riverside Click this hv,parlink while viewing on your computer to access 12 additional CA HAZNET: record(s) in the EDR Site Report. CLEANERS: EPA Id: CAL000191863 NAICS Code: 81232 NAICS Description: Drycleaning and Laundry Services (except Coin -Operated) Create Date: 9/21/2000 Facility Active: Yes Inactive Date: Not reported Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926250000 1000374378 TC2282004.1 s Page 30 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number VANS CLEANERS (Continued) 1000374378 Region Code: 4 Owner Name: YONG PARK Owner Address: 3512 E COAST HWY Owner Address 2: Not reported Owner Telephone: Not reported Owner Fax Number: Not reported Contact Name: YONG PARK/OWNER Contact Address: 3512 E COAST HWY Contact Address 2: Not reported Contact Telephone: 9496734920 Contact Fax Number: Not reported SIC Description: 7211 Power Laundries Family and Commercial SIC Description: 7212 Garment Pressing and Agents for Laundries and Drycleaners SIC Description: 7216 Drycleaning Plants Except Rug Cleaning SIC Description: 7219 Laundry and Garment Services NEC (alteration and repair) EPA Id: CAL000177321 NAICS Code: Not reported NAICS Description: Not reported Create Date: 9/29/1995 Facility Active: No Inactive Date: 6/30/2000 Facility Addr2: Not reported Mailing Name: Not reported Mailing Address: 3512 E COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926250000 Region Code: 4 Owner Name: SIMON EDWARD GROUP INC Owner Address: 3512 E COAST HWY Owner Address 2: Not reported Owner Telephone: 0 Owner Fax Number: Not reported Contact Name: OLD OWNER NOT AVAILABLE MB Contact Address: INACTIVE PER VQ01 - BMI Contact Address 2: Not reported Contact Telephone: 9476734920 Contact Fax Number: Not reported SIC Description: Not reported EPA Id: CAD981573363 NAICS Code: Not reported NAICS Description: Not reported Create Date: 4/10/1987 Facility Active: No Inactive Date: 6/30/1997 Facility Addr2: Not reported Mailing Name: PACIFIC Mailing Address: 3512 E COAST HWY Mailing Address 2: Not reported Mailing State: CA Mailing Zip: 926252403 Region Code: 4 Owner Name: MARY E MARQUARDT Owner Address: 82 ALACANTE AISLE Owner Address 2: Not reported TC2282004.1 s Page 31 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number VANS CLEANERS (Continued) 1000374378 Owner Telephone: Not reported Owner Fax Number: Not reported Contact Name: CHRISTENE SLOAN Contact Address: 3512 E COAST HWY_CANX V97 CC Contact Address 2: Not reported Contact Telephone: -- Contact Fax Number: Not reported SIC Description: Not reported EMI: J M OIL CO INC #2 Year: 1995 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 17548 Air District Name: SC SIC Code: 7216 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 1 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 E17 J M OIL CO INC #2 LUST S102431731 NNW 3400 COAST Cortese N/A 1/4-1/2 CORONA DEL MAR, CA 92625 0.319 mi. 1687 ft. Site 1 of 5 in cluster E Relative: LUST: Higher Region: STATE Status: Case Closed Actual: Case Number: 083001495T 102 ft. Local Case #: 94UT048 Chemical: Gasoline Qty Leaked: 0 Abate Method: Not reported Release Date: 1994-09-08 00:00:00 Discover Date: 1994-09-08 00:00:00 Report Date: 1994-10-19 00:00:00 Enforcement Dt: Not reported Review Date: Not reported Enter Date: Not reported Stop Date: 9999-09-09 00:00:00 Confirm Leak: Not reported Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown TC2282004.1 s Page 32 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number J M OIL CO INC #2 (Continued) S102431731 Global Id: T0605901140 Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported MTBE Date: Not reported GW Qualifier: Not reported Soil Qualifier: Not reported Max MTBE GW ppb: Not reported Max MTBE Soil ppb: Not reported County: 30 Org Name: Not reported Reg Board: Santa Ana Region Contact Person: Not reported Responsible Party: JEFF APPEL RP Address: 17311 S MAIN ST Interim: Not reported Oversight Prgm: LUST MTBE Class: MTBE Conc: 0 MTBE Fuel: 1 MTBE Tested: Site NOT Tested for MTBE.Includes Unknown and Not Analyzed. Staff: CAB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MAR Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Operator: Not reported Water System Name:Not reported Well Name: Not reported Distance To Lust: 0 Waste Discharge Global ID: Not reported Waste Disch Assigned Name: Not reported Summary: Not reported Region: STATE Status: Case Closed Case Number: Not reported Local Case #: 90UT082 Chemical: Gasoline Qty Leaked: 0 Abate Method: Not reported Release Date: 1990-03-27 00:00:00 Discover Date: 1990-03-27 00:00:00 Report Date: 1992-11-17 00:00:00 Enforcement Dt: Not reported Review Date: Not reported Enter Date: Not reported Stop Date: 9999-09-09 00:00:00 Confirm Leak: Not reported Case Type: Soil only TC2282004.1 s Page 33 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number J M OIL CO INC #2 (Continued) S102431731 Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown Global Id: T0605985606 Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported MTBE Date: Not reported GW Qualifier: Not reported Soil Qualifier: Not reported Max MTBE GW ppb: Not reported Max MTBE Soil ppb: Not reported County: 30 Org Name: Not reported Reg Board: Santa Ana Region Contact Person: Not reported Responsible Party: LEE GERBER RP Address: 3915 E OLYMPIC BLVD Interim: Not reported Oversight Prgm: LUST MTBE Class: MTBE Conc: 0 MTBE Fuel: 1 MTBE Tested: Site NOT Tested for MTBE.Includes Unknown and Not Analyzed. Staff: CAB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MAR Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Operator: Not reported Water System Name:Not reported Well Name: Not reported Distance To Lust: 0 Waste Discharge Global ID: Not reported Waste Disch Assigned Name: Not reported Summary: Not reported LUST: Region: 8 Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown TC2282004.1 s Page 34 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number J M OIL CO INC #2 (Continued) S102431731 Leak Source: Unknown Global ID: T0605901140 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported Close Date: 10/19/1994 Discover Date: 9/8/1994 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Case Closed Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: 33.5956865 Longitude: -117.8691799 MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: CAB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MAR Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 94UT048 Case Number: 083001495T Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported Region: 8 Case Type: Soil only Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown TC2282004.1 s Page 35 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number J M OIL CO INC #2 (Continued) S102431731 Leak Source: Unknown Global ID: T0605985606 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported Close Date: 11/17/1992 Discover Date: 3/27/1990 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Case Closed Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: Not reported Longitude: Not reported MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: CAB Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MAR Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 90UT082 Case Number: Not reported Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported Cortese: Region: CORTESE Facility Addr2: 3400 COAST HWY TC2282004.1 s Page 36 Map ID Direction Distance Elevation Site E18 NNW 1/4-1/2 0.319 mi. 1687 ft. Relative: Higher Actual: 102 ft. RAPID GAS #32 3400 E COAST HWY CORONA DEL MAR, CA 92625 Site 2 of 5 in cluster E HIST UST: Region: Facility ID: Facility Type: Other Type: Total Tanks: Contact Name: Telephone: Owner Name: Owner Address: Owner City,St,Zip: MAP FINDINGS STATE 00000009863 Gas Station Not reported 0005 LEE GERBER 7146752195 J&M OIL CO. INC. 3901 E. OLYMPIC BLVD LOS ANGELES, CA 90023 Tank Num: 001 Container Num: A Year Installed: 1976 Tank Capacity: 00010000 Tank Used for: PRODUCT Type of Fuel: REGULAR Tank Construction: Not reported Leak Detection: Stock Inventor, Pressure Test Tank Num: 002 Container Num: B Year Installed: 1971 Tank Capacity: 00008000 Tank Used for: PRODUCT Type of Fuel: UNLEADED Tank Construction: Not reported Leak Detection: Stock Inventor, Pressure Test Tank Num: 003 Container Num: C Year Installed: 1971 Tank Capacity: 00010000 Tank Used for: PRODUCT Type of Fuel: UNLEADED Tank Construction: Not reported Leak Detection: Stock Inventor. Pressure Test Tank Num: 004 Container Num: D Year Installed: 1971 Tank Capacity: 00010000 Tank Used for: PRODUCT Type of Fuel: UNLEADED Tank Construction: Not reported Leak Detection: Stock Inventor, Pressure Test Tank Num: 005 Container Num: E Year Installed: 1982 Tank Capacity: 00012000 Tank Used for: PRODUCT EDR ID Number Database(s) EPA ID Number HIST UST 0001576768 SWEEPS UST N/A TC2282004.1 s Page 37 Map ID MAP FINDINGS Direction Distance Elevation Site RAPID GAS #32 (Continued) Type of Fuel: DIESEL Tank Construction: Not reported Leak Detection: Stock Inventor, Pressure Test SWEEPS UST: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: A 4097 9 Not reported 09-30-92 09-15-92 02-29-88 A Not reported 30-000-004097-000001 Not reported 10000 M.V. FUEL P REG UNLEADED 5 A 4097 9 Not reported 09-30-92 09-15-92 02-29-88 A Not reported 30-000-004097-000002 Not reported 10000 M.V. FUEL P REG UNLEADED Not reported A 4097 9 Not reported 09-30-92 09-15-92 02-29-88 A Not reported 30-000-004097-000003 Not reported 10000 M.V. FUEL P LEADED Not reported A EDR ID Number Database(s) EPA ID Number 0001576768 TC2282004.1 s Page 38 Map ID MAP FINDINGS Direction Distance Elevation Site E19 NNW 1/4-1/2 0.319 mi. 1687 ft. Relative: Higher Actual 102 ft. RAPID GAS #32 (Continued) Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: Status: Comp Number: Number: Board Of Equalization Ref Date: Act Date: Created Date: Tank Status: Owner Tank Id: Swrcb Tank Id: Actv Date: Capacity: Tank Use: Stg: Content: Number Of Tanks: 4097 9 Not reported 09-30-92 09-15-92 02-29-88 A Not reported 30-000-004097-000004 Not reported 12000 M.V. FUEL P DIESEL Not reported A 4097 9 Not reported 09-30-92 09-15-92 02-29-88 A Not reported 30-000-004097-000005 Not reported 8000 M.V. FUEL P REG UNLEADED Not reported J M OIL CO INC #2 3400 COAST HWY NEWPORT BEACH, CA 92625 Site 3 of 5 in cluster E EDR ID Number Database(s) EPA ID Number LUST: Region: ORANGE Facility Id: 90UT082 Current Status: Certification (Case Closed) Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Date Closed: 11/17/1992 Case Type: Soil Only Record ID: RO0002843 0001576768 LUST S102431751 N/A TC2282004.1 s Page 39 Map ID MAP FINDINGS Direction Distance Elevation Site EDR ID Number Database(s) EPA ID Number E20 UNITED OIL COMPANY NNW NNW 3400 COAST HWY CORONA DEL MAR, CA 92625 1/4-1/2 NEWPORT BEACH, CA 92625 0.319 mi. Site 5 of 5 in cluster E Relative: 1687 ft. Site 4 of 5 in cluster E Facility ID: FA0025174 Relative: LUST: 2738 ft. Higher Region: ORANGE LUST: Facility Id: 94UT048 Actual: Current Status: Certification (Case Closed) 102 ft. Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Case Number: Date Closed: 10/19/1994 Local Case #: Case Type: Soil Only Chemical: Record ID: RO0002155 E21 UNITED OIL CO #32 NNW 3400 E COAST HWY 1/4-1/2 CORONA DEL MAR, CA 92625 0.320 mi. DOUD COMMERCIAL OFFICE LUST S102955616 1691 ft. Site 5 of 5 in cluster E Relative: UST: Higher Facility ID: FA0025174 LUST S103444518 N/A UST 0003897986 N/A Actual: 102 ft. 22 DOUD COMMERCIAL OFFICE LUST S102955616 NNW 3100 COAST N/A 1/2-1 CORONA DEL MAR, CA 92625 0.519 mi. 2738 ft. Relative: LUST: Higher Region: STATE Status: Case Closed Actual: Case Number: 083000941T 98 ft. Local Case #: 85UT112 Chemical: Gasoline Qty Leaked: 0 Abate Method: Not reported Release Date: 1965-01-01 00:00:00 Discover Date: 1965-01-01 00:00:00 Report Date: 1985-12-20 00:00:00 Enforcement Dt: Not reported Review Date: Not reported Enter Date: Not reported Stop Date: 9999-09-09 00:00:00 Confirm Leak: Not reported Case Type: Undefined Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown Global Id: T0605900748 Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported TC2282004.1 s Page 40 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number DOUD COMMERCIAL OFFICE (Continued) S102955616 Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported MTBE Date: Not reported GW Qualifier: Not reported Soil Qualifier: Not reported Max MTBE GW ppb: Not reported Max MTBE Soil ppb: Not reported County: 30 Org Name: Not reported Reg Board: Santa Ana Region Contact Person: Not reported Responsible Party: LINK LINK RP Address: 3100 E PACIFIC COAST HWY Interim: Not reported Oversight Prgm: LUST MTBE Class: MTBE Conc: 0 MTBE Fuel: 1 MTBE Tested: Site NOT Tested for MTBE.Includes Unknown and Not Analyzed. Staff: PAH Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Operator: Not reported Water System Name:Not reported Well Name: Not reported Distance To Lust: 0 Waste Discharge Global ID: Not reported Waste Disch Assigned Name: Not reported Summary: Not reported LUST: Region: ORANGE Facility Id: 85UT112 Current Status: Certification (Case Closed) Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Date Closed: 12/20/1985 Case Type: Undetermined Record ID: RO0000903 LUST: Region: 8 Case Type: Undefined Cross Street: Not reported Enf Type: Not reported Funding: Not reported How Discovered: Tank Closure How Stopped: Close Tank Leak Cause: Unknown Leak Source: Unknown TC2282004.1 s Page 41 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number DOUD COMMERCIAL OFFICE (Continued) S102955616 Global ID: T0605900748 How Stopped Date: 9/9/9999 Review Date: Not reported Workplan: Not reported Prelim Assess: Not reported Pollution Char: Not reported Remed Plan: Not reported Remed Action: Not reported Monitoring: Not reported Close Date: 12/20/1985 Discover Date: 1/1/1965 Enforcement Date: Not reported Review Date: Not reported Enter Date: Not reported MTBE Date: Not reported GW Qualifies: Not reported Soil Qualifies: Not reported Max MTBE GW: Not reported Max MTBE Soil: Not reported County: Orange Operator: Not reported Regional Board: 08 Facility Status: Case Closed Substance: 8006619 Facility Contact: Not reported Interim: Not reported Oversite Program: LUST Latitude: 33.5982064 Longitude: -117.870957 MTBE Concentration: 0 MTBE Fuel: 1 MTBE Tested: NT Staff: PAH Staff Initials: JK Lead Agency: Local Agency Local Agency: 30000L Hydr Basin #: Not reported Beneficial: MUN Priority: Not reported Cleanup Fund Id: Not reported Work Suspended: Not reported Local Case Num: 85UT112 Case Number: 083000941T Qty Leaked: 0 Abate Method: Not reported MTBE Class: Summary: Not reported TC2282004.1 s Page 42 City EDR ID Site Name ORPHAN SUMMARY CORONA DEL MAR 0003982079 PRESTIGE #527 (ARCO #1030) CORONA DEL MAR 1000107758 DRY CLEANERS CORONA DEL MAR S106826146 ARCO PETROLEUM PRODUCTS COMPAN CORONA DEL MAR S106835635 MIKES SPORTS BAR, INC CORONA DEL MAR S106842052 VAN'S CLEANERS, MARY MARQUARDT CORONA DEL MAR S108200687 CAMEO OFFICE BUILDING/CHARLIE MAST CORONA DEL MAR S108217898 RAPID #32 DEL MAR 0001576767 HERENT MEGERDICHIAN NEWPORT BEACH S103866910 MOBIL S S #18 -HND NEWPORT BEACH S107030340 S.K. EGG CITY NEWPORT BEACH 1000474495 LORAL AEROSPACE AERONUTRONIC ORANGE COUNTY 5105637080 UNION OIL CO OF CALIFORNIA, UN Site Address 3636 E COAST HWY # 527 3536 E PACICFIC COAST HWY 3636 PACIFIC COAST HWY 2920 E PACIFIC COAST HWY 3512 E PACIFIC COAST HWY 2711 E PACIFIC COAST HWY 3400 E PACIFIC COAST HWY 3636 COAST HWY 1000 COAST HWY 1000 DOVE ST. #100 FORD RD OFFSHORE SEAL BEACH TC2282004.1 s Page 43 Zip Database(s) 92625 UST 92625 RCRA-SQG 92625 EMI 92625 EMI 92625 EMI 92625 HAZNET 92625 HAZNET 92625 HIST UST 92625 LUST SWF/LF 92660 PADS, RCRA-SQG, FINDS, RCRA-TSDF, CORRACTS, CERC-NFI CHMIRS, EMI GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. FEDERAL RECORDS NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 04/30/2008 Date Data Arrived at EDR: 05/06/2008 Date Made Active in Reports: 06/09/2008 Number of Days to Update: 34 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 EPA Region 5 Telephone 312-886-6686 EPA Region 10 Telephone 206-553-8665 EPA Region 6 Telephone: 214-655-6659 EPA Region 7 Telephone: 913-551-7247 EPA Region 8 Telephone: 303-312-6774 EPA Region 9 Telephone: 415-947-4246 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 04/30/2008 Date Data Arrived at EDR: 05/06/2008 Date Made Active in Reports: 06/09/2008 Number of Days to Update: 34 Source: EPA Telephone: N/A Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly DELISTED NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 04/30/2008 Date Data Arrived at EDR: 05/06/2008 Date Made Active in Reports: 06/09/2008 Number of Days to Update: 34 Source: EPA Telephone: N/A Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: No Update Planned CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 04/08/2008 Date Data Arrived at EDR: 04/25/2008 Date Made Active in Reports: 05/21/2008 Number of Days to Update: 26 Source: EPA Telephone: 703-412-9810 Last EDR Contact: 07/22/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Quarterly CERCLIS-NFRAP: CERCLIS No Further Remedial Action Planned Archived sites are sites that have been removed and archived from the inventory of CERCLIS sites. Archived status indicates that, to the best of EPA's knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list this site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. This decision does not necessarily mean that there is no hazard associated with a given site; it only means that, based upon available information, the location is not judged to be a potential NPL site. Date of Government Version: 12/03/2007 Date Data Arrived at EDR: 12/06/2007 Date Made Active in Reports: 02/20/2008 Number of Days to Update: 76 Source: EPA Telephone: 703-412-9810 Last EDR Contact: 06/17/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Quarterly LIENS 2: CERCLA Lien Information A Federal CERCLA ('Superfund') lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 02/08/2008 Date Data Arrived at EDR: 03/07/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 13 Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 03/26/2008 Date Data Arrived at EDR: 04/02/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 34 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly RCRA-TSDF: RCRA - Transporters, Storage and Disposal RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. TC2282004.1 s Page GR -2 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 03/06/2008 Date Data Arrived at EDR: 03/06/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 43 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 03/06/2008 Date Data Arrived at EDR: 03/06/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 43 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 03/06/2008 Date Data Arrived at EDR: 03/06/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 43 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 03/06/2008 Date Data Arrived at EDR: 03/06/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 43 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies RCRA-NonGen: RCRA - Non Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non -Generators do not presently generate hazardous waste. Date of Government Version: 03/06/2008 Date Data Arrived at EDR: 03/06/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 43 Source: Environmental Protection Agency Telephone: (415) 495-8895 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies TC2282004.1 s Page GR -3 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 04/04/2008 Date Data Arrived at EDR: 04/17/2008 Date Made Active in Reports: 05/15/2008 Number of Days to Update: 28 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 04/04/2008 Date Data Arrived at EDR: 04/17/2008 Date Made Active in Reports: 05/15/2008 Number of Days to Update: 28 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Varies ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 12/31/2007 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 01/23/2008 Telephone: 202-267-2180 Date Made Active in Reports: 03/17/2008 Last EDR Contact: 07/25/2008 Number of Days to Update: 54 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Annually HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 12/31/2007 Date Data Arrived at EDR: 04/16/2008 Date Made Active in Reports: 05/15/2008 Number of Days to Update: 29 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 07/15/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Annually DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 02/14/2008 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 02/27/2008 Telephone: 202-366-4595 Date Made Active in Reports: 03/20/2008 Last EDR Contact: 05/28/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Varies CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department') provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. TC2282004.1 s Page GR -4 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/01/2007 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 12/28/2007 Number of Days to Update: 25 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 06/27/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Quarterly US BROWNFIELDS: A Listing of Brownfields Sites Included in the listing are brownfields properties addresses by Cooperative Agreement Recipients and brownfields properties addressed by Targeted Brownfields Assessments. Targeted Brownfields Assessments -EPA's Targeted Brownfields Assessments (TBA) program is designed to help states, tribes, and municipalities --especially those without EPA Brownfields Assessment Demonstration Pilots --minimize the uncertainties of contamination often associated with brownfields. Under the TBA program, EPA provides funding and/or technical assistance for environmental assessments at brownfields sites throughout the country. Targeted Brownfields Assessments supplement and work with other efforts under EPA's Brownfields Initiative to promote cleanup and redevelopment of brownfields. Cooperative Agreement Recipients -States, political subdivisions, territories, and Indian tribes become Brownfields Cleanup Revolving Loan Fund (BCRLF) cooperative agreement recipients when they enter into BCRLF cooperative agreements with the U.S. EPA. EPA selects BCRLF cooperative agreement recipients based on a proposal and application process. BCRLF cooperative agreement recipients must use EPA funds provided through BCRLF cooperative agreement for specified brownfields-related cleanup activities. Date of Government Version: 04/01/2008 Date Data Arrived at EDR: 04/30/2008 Date Made Active in Reports: 05/30/2008 Number of Days to Update: 30 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 07/15/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Semi -Annually DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 703-692-8801 Last EDR Contact: 05/09/2008 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Semi -Annually FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 12/31/2006 Date Data Arrived at EDR: 08/31/2007 Date Made Active in Reports: 10/11/2007 Number of Days to Update: 41 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Varies LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 12/09/2005 Date Data Arrived at EDR: 12/11/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 31 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 06/09/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Varies CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. TC2282004.1 s Page GR -5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 02/08/2008 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 04/25/2008 Telephone: Varies Date Made Active in Reports: 05/30/2008 Last EDR Contact: 07/21/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 01/14/2008 Date Data Arrived at EDR: 01/22/2008 Date Made Active in Reports: 01/30/2008 Number of Days to Update: 8 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Annually UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand -like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 07/13/2007 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Varies ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 03/25/2008 Date Data Arrived at EDR: 04/17/2008 Date Made Active in Reports: 05/15/2008 Number of Days to Update: 28 Source: EPA, Region 9 Telephone: 415-972-3336 Last EDR Contact: 06/23/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Varies MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 02/07/2008 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 03/26/2008 Telephone: 303-231-5959 Date Made Active in Reports: 04/18/2008 Last EDR Contact: 06/25/2008 Number of Days to Update: 23 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Semi -Annually TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. TC2282004.1 s Page GR -6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/31/2006 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Annually TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2002 Date Data Arrived at EDR: 04/14/2006 Date Made Active in Reports: 05/30/2006 Number of Days to Update: 46 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Every 4 Years FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/11/2008 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/24/2008 Telephone: 202-566-1667 Date Made Active in Reports: 05/21/2008 Last EDR Contact: 06/16/2008 Number of Days to Update: 27 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Quarterly FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/11/2008 Date Data Arrived at EDR: 04/24/2008 Date Made Active in Reports: 05/21/2008 Number of Days to Update: 27 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. TC2282004.1 s Page GR -7 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2006 Date Data Arrived at EDR: 03/14/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 02/28/2008 Date Data Arrived at EDR: 03/18/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 49 Source: Environmental Protection Agency Telephone: 202-564-5088 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 12/04/2007 Date Data Arrived at EDR: 02/07/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 39 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 06/20/2008 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Annually MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/22/2008 Date Data Arrived at EDR: 05/06/2008 Date Made Active in Reports: 06/09/2008 Number of Days to Update: 34 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Quarterly RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. Date of Government Version: 04/29/2008 Date Data Arrived at EDR: 05/01/2008 Date Made Active in Reports: 05/21/2008 Number of Days to Update: 20 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 07/31/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C -DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 04/03/2008 Date Data Arrived at EDR: 04/08/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 28 Source: EPA Telephone: (415) 947-8000 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Quarterly RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 03/06/2007 Date Made Active in Reports: 04/13/2007 Number of Days to Update: 38 STATE AND LOCAL RECORDS Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 06/11/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Biennially HIST CAL -SITES: Calsites Database The Calsites database contains potential or confirmed hazardous substance release properties. In 1996, California EPA reevaluated and significantly reduced the number of sites in the Calsites database. No longer updated by the state agency. It has been replaced by ENVIROSTOR. Date of Government Version: 08/08/2005 Date Data Arrived at EDR: 08/03/2006 Date Made Active in Reports: 08/24/2006 Number of Days to Update: 21 Source: Department of Toxic Substance Control Telephone: 916-323-3400 Last EDR Contact: 05/27/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: No Update Planned CA BOND EXP. PLAN: Bond Expenditure Plan Department of Health Services developed a site-specific expenditure plan as the basis for an appropriation of Hazardous Substance Cleanup Bond Act funds. It is not updated. Date of Government Version: 01/01/1989 Date Data Arrived at EDR: 07/27/1994 Date Made Active in Reports: 08/02/1994 Number of Days to Update: 6 Source: Department of Health Services Telephone: 916-255-2118 Last EDR Contact: 05/31/1994 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned TC2282004.1 s Page GR -9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SCH: School Property Evaluation Program This category contains proposed and existing school sites that are being evaluated by DTSC for possible hazardous materials contamination. In some cases, these properties may be listed in the CalSites category depending on the level of threat to public health and safety or the environment they pose. Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 05/28/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 23 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 05/28/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Quarterly TOXIC PITS: Toxic Pits Cleanup Act Sites Toxic PITS Cleanup Act Sites. TOXIC PITS identifies sites suspected of containing hazardous substances where cleanup has not yet been completed. Date of Government Version: 07/01/1995 Date Data Arrived at EDR: 08/30/1995 Date Made Active in Reports: 09/26/1995 Number of Days to Update: 27 Source: State Water Resources Control Board Telephone: 916-227-4364 Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: No Update Planned SWF/LF (SWIS): Solid Waste Information System Active, Closed and Inactive Landfills. SWF/LF records typically contain an inve ntory of solid waste disposal facilities or landfills. These may be active or i nactive facilities or open dumps that failed to meet RCRA Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 06/09/2008 Date Data Arrived at EDR: 06/11/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 9 Source: Integrated Waste Management Board Telephone: 916-341-6320 Last EDR Contact: 06/11/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Quarterly WMUDS/SWAT: Waste Management Unit Database Waste Management Unit Database System. WMUDS is used by the State Water Resources Control Board staff and the Regional Water Quality Control Boards for program tracking and inventory of waste management units. WMUDS is composed of the following databases: Facility Information, Scheduled Inspections Information, Waste Management Unit Information, SWAT Program Information, SWAT Report Summary Information, SWAT Report Summary Data, Chapter 15 (formerly Subchapter 15) Information, Chapter 15 Monitoring Parameters, TPCA Program Information, RCRA Program Information, Closure Information, and Interested Parties Information. Date of Government Version: 04/01/2000 Date Data Arrived at EDR: 04/10/2000 Date Made Active in Reports: 05/10/2000 Number of Days to Update: 30 Source: State Water Resources Control Board Telephone: 916-227-4448 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly CA WDS: Waste Discharge System Sites which have been issued waste discharge requirements. Date of Government Version: 06/19/2007 Date Data Arrived at EDR: 06/20/2007 Date Made Active in Reports: 06/29/2007 Number of Days to Update: 9 Source: State Water Resources Control Board Telephone: 916-341-5227 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Quarterly CORTESE: "Cortese" Hazardous Waste & Substances Sites List The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal -Sites). This listing is no longer updated by the state agency. TC2282004.1 s Page GR -10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 04/01/2001 Source: CAL EPA/Office of Emergency Information Date Data Arrived at EDR: 05/29/2001 Telephone: 916-323-3400 Date Made Active in Reports: 07/26/2001 Last EDR Contact: 07/21/2008 Number of Days to Update: 58 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: No Update Planned SWRCY: Recycler Database A listing of recycling facilities in California. Date of Government Version: 07/09/2008 Source: Department of Conservation Date Data Arrived at EDR: 07/10/2008 Telephone: 916-323-3836 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 07/10/2008 Number of Days to Update: 21 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Quarterly LUST REG 9: Leaking Underground Storage Tank Report Orange, Riverside, San Diego counties. For more current information, please refer to the State Water Resources Control Board's LUST database. Date of Government Version: 03/01/2001 Source: California Regional Water Quality Control Board San Diego Region (9) Date Data Arrived at EDR: 04/23/2001 Telephone: 858-637-5595 Date Made Active in Reports: 05/21/2001 Last EDR Contact: 07/14/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: No Update Planned LUST REG 8: Leaking Underground Storage Tanks California Regional Water Quality Control Board Santa Ana Region (8). For more current information, please refer to the State Water Resources Control Board's LUST database. Date of Government Version: 02/14/2005 Source: California Regional Water Quality Control Board Santa Ana Region (8) Date Data Arrived at EDR: 02/15/2005 Telephone: 909-782-4496 Date Made Active in Reports: 03/28/2005 Last EDR Contact: 05/05/2008 Number of Days to Update: 41 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Varies LUST REG 6V: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Inyo, Kern, Los Angeles, Mono, San Bernardino counties. Date of Government Version: 06/07/2005 Source: California Regional Water Quality Control Board Victorville Branch Office (6) Date Data Arrived at EDR: 06/07/2005 Telephone: 760-241-7365 Date Made Active in Reports: 06/29/2005 Last EDR Contact: 06/30/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: No Update Planned LUST REG 6L: Leaking Underground Storage Tank Case Listing For more current information, please refer to the State Water Resources Control Board's LUST database. Date of Government Version: 09/09/2003 Source: California Regional Water Quality Control Board Lahontan Region (6) Date Data Arrived at EDR: 09/10/2003 Telephone: 530-542-5572 Date Made Active in Reports: 10/07/2003 Last EDR Contact: 06/02/2008 Number of Days to Update: 27 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned LUST REG 5: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Alameda, Alpine, Amador, Butte, Colusa, Contra Costa, Calveras, EI Dorado, Fresno, Glenn, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Solano, Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba counties. Date of Government Version: 07/01/2008 Source: California Regional Water Quality Control Board Central Valley Region (5) Date Data Arrived at EDR: 07/22/2008 Telephone: 916-464-4834 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 07/22/2008 Number of Days to Update: 9 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -11 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING LUST REG 4: Underground Storage Tank Leak List Los Angeles, Ventura counties. For more current information, please refer to the State Water Resources Control Board's LUST database. Date of Government Version: 09/07/2004 Source: California Regional Water Quality Control Board Los Angeles Region (4) Date Data Arrived at EDR: 09/07/2004 Telephone: 213-576-6710 Date Made Active in Reports: 10/12/2004 Last EDR Contact: 06/23/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: No Update Planned LUST REG 3: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz counties. Date of Government Version: 05/19/2003 Source: California Regional Water Quality Control Board Central Coast Region (3) Date Data Arrived at EDR: 05/19/2003 Telephone: 805-542-4786 Date Made Active in Reports: 06/02/2003 Last EDR Contact: 05/12/2008 Number of Days to Update: 14 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: No Update Planned LUST REG 2: Fuel Leak List Leaking Underground Storage Tank locations. Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma counties. Date of Government Version: 09/30/2004 Source: California Regional Water Quality Control Board San Francisco Bay Region (2) Date Data Arrived at EDR: 10/20/2004 Telephone: 510-622-2433 Date Made Active in Reports: 11/19/2004 Last EDR Contact: 07/09/2008 Number of Days to Update: 30 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Quarterly LUST REG 1: Active Toxic Site Investigation Del Norte, Humboldt, Lake, Mendocino, Modoc, Siskiyou, Sonoma, Trinity counties. For more current information, please refer to the State Water Resources Control Board's LUST database. Date of Government Version: 02/01/2001 Source: California Regional Water Quality Control Board North Coast (1) Date Data Arrived at EDR: 02/28/2001 Telephone: 707-570-3769 Date Made Active in Reports: 03/29/2001 Last EDR Contact: 05/19/2008 Number of Days to Update: 29 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: No Update Planned LUST: Geotracker's Leaking Underground Fuel Tank Report Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. For more information on a particular leaking underground storage tank sites, please contact the appropriate regulatory agency. Date of Government Version: 07/03/2008 Source: State Water Resources Control Board Date Data Arrived at EDR: 07/11/2008 Telephone: see region list Date Made Active in Reports: 07/31/2008 Last EDR Contact: 07/11/2008 Number of Days to Update: 20 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Quarterly LUST REG 7: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Imperial, Riverside, San Diego, Santa Barbara counties. Date of Government Version: 02/26/2004 Source: California Regional Water Quality Control Board Colorado River Basin Region (7) Date Data Arrived at EDR: 02/26/2004 Telephone: 760-776-8943 Date Made Active in Reports: 03/24/2004 Last EDR Contact: 05/19/2008 Number of Days to Update: 27 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: No Update Planned TC2282004.1 s Page GR -12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING CA FID UST: Facility Inventory Database The Facility Inventory Database (FID) contains a historical listing of active and inactive underground storage tank locations from the State Water Resource Control Board. Refer to local/county source for current data. Date of Government Version: 10/31/1994 Source: California Environmental Protection Agency Date Data Arrived at EDR: 09/05/1995 Telephone: 916-341-5851 Date Made Active in Reports: 09/29/1995 Last EDR Contact: 12/28/1998 Number of Days to Update: 24 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SLIC: Statewide SLIC Cases The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 07/03/2008 Source: State Water Resources Control Board Date Data Arrived at EDR: 07/11/2008 Telephone: 866-480-1028 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 07/11/2008 Number of Days to Update: 20 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Varies SLIC REG 1: Active Toxic Site Investigations The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2003 Source: California Regional Water Quality Control Board, North Coast Region (1) Date Data Arrived at EDR: 04/07/2003 Telephone: 707-576-2220 Date Made Active in Reports: 04/25/2003 Last EDR Contact: 05/19/2008 Number of Days to Update: 18 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: No Update Planned SLIC REG 2: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/30/2004 Source: Regional Water Quality Control Board San Francisco Bay Region (2) Date Data Arrived at EDR: 10/20/2004 Telephone: 510-286-0457 Date Made Active in Reports: 11/19/2004 Last EDR Contact: 07/09/2008 Number of Days to Update: 30 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Quarterly SLIC REG 3: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 05/18/2006 Source: California Regional Water Quality Control Board Central Coast Region (3) Date Data Arrived at EDR: 05/18/2006 Telephone: 805-549-3147 Date Made Active in Reports: 06/15/2006 Last EDR Contact: 05/12/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Semi -Annually SLIC REG 4: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/17/2004 Source: Region Water Quality Control Board Los Angeles Region (4) Date Data Arrived at EDR: 11/18/2004 Telephone: 213-576-6600 Date Made Active in Reports: 01/04/2005 Last EDR Contact: 07/21/2008 Number of Days to Update: 47 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies TC2282004.1 s Page GR -13 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SLIC REG 5: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/01/2005 Source: Regional Water Quality Control Board Central Valley Region (5) Date Data Arrived at EDR: 04/05/2005 Telephone: 916-464-3291 Date Made Active in Reports: 04/21/2005 Last EDR Contact: 06/30/2008 Number of Days to Update: 16 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Semi -Annually SLIC REG 6V: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 05/24/2005 Source: Regional Water Quality Control Board, Victorville Branch Date Data Arrived at EDR: 05/25/2005 Telephone: 619-241-6583 Date Made Active in Reports: 06/16/2005 Last EDR Contact: 06/30/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Semi -Annually SLIC REG 6L: SLIC Sites The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/07/2004 Source: California Regional Water Quality Control Board, Lahontan Region Date Data Arrived at EDR: 09/07/2004 Telephone: 530-542-5574 Date Made Active in Reports: 10/12/2004 Last EDR Contact: 06/02/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned SLIC REG 7: SLIC List The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/24/2004 Source: California Regional Quality Control Board, Colorado River Basin Region Date Data Arrived at EDR: 11/29/2004 Telephone: 760-346-7491 Date Made Active in Reports: 01/04/2005 Last EDR Contact: 05/19/2008 Number of Days to Update: 36 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: No Update Planned SLIC REG 8: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2008 Source: California Region Water Quality Control Board Santa Ana Region (8) Date Data Arrived at EDR: 04/03/2008 Telephone: 951-782-3298 Date Made Active in Reports: 04/14/2008 Last EDR Contact: 06/30/2008 Number of Days to Update: 11 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Semi -Annually SLIC REG 9: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/10/2007 Source: California Regional Water Quality Control Board San Diego Region (9) Date Data Arrived at EDR: 09/11/2007 Telephone: 858-467-2980 Date Made Active in Reports: 09/28/2007 Last EDR Contact: 05/27/2008 Number of Days to Update: 17 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Annually TC2282004.1 s Page GR -14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING UST: Active UST Facilities Active UST facilities gathered from the local regulatory agencies Date of Government Version: 07/10/2008 Date Data Arrived at EDR: 07/10/2008 Date Made Active in Reports: 07/25/2008 Number of Days to Update: 15 Source: SWRCB Telephone: 916-480-1028 Last EDR Contact: 07/10/2008 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Semi -Annually UST MENDOCINO: Mendocino County UST Database A listing of underground storage tank locations in Mendocino County. Date of Government Version: 06/23/2008 Date Data Arrived at EDR: 06/23/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 9 Source: Department of Public Health Telephone: 707-463-4466 Last EDR Contact: 06/23/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Varies HIST UST: Hazardous Substance Storage Container Database The Hazardous Substance Storage Container Database is a historical listing of UST sites. Refer to local/county source for current data. Date of Government Version: 10/15/1990 Date Data Arrived at EDR: 01/25/1991 Date Made Active in Reports: 02/12/1991 Number of Days to Update: 18 Source: State Water Resources Control Board Telephone: 916-341-5851 Last EDR Contact: 07/26/2001 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned AST: Aboveground Petroleum Storage Tank Facilities Registered Aboveground Storage Tanks. Date of Government Version: 11/01/2007 Date Data Arrived at EDR: 11/27/2007 Date Made Active in Reports: 02/14/2008 Number of Days to Update: 79 Source: State Water Resources Control Board Telephone: 916-341-5712 Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly LIENS: Environmental Liens Listing A listing of property locations with environmental liens for California where DTSC is a lien holder. Date of Government Version: 05/05/2008 Date Data Arrived at EDR: 05/06/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 45 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 05/05/2008 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Varies SWEEPS UST: SWEEPS UST Listing Statewide Environmental Evaluation and Planning System. This underground storage tank listing was updated and maintained by a company contacted by the SWRCB in the early 1990's. The listing is no longer updated or maintained. The local agency is the contact for more information on a site on the SWEEPS list. Date of Government Version: 06/01/1994 Date Data Arrived at EDR: 07/07/2005 Date Made Active in Reports: 08/11/2005 Number of Days to Update: 35 Source: State Water Resources Control Board Telephone: N/A Last EDR Contact: 06/03/2005 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned CHMIRS: California Hazardous Material Incident Report System California Hazardous Material Incident Reporting System. CHMIRS contains information on reported hazardous material incidents (accidental releases or spills). TC2282004.1 s Page GR -15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/31/2007 Date Data Arrived at EDR: 05/09/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 42 Source: Office of Emergency Services Telephone: 916-845-8400 Last EDR Contact: 05/02/2008 Next Scheduled EDR Contact: 05/19/2008 Data Release Frequency: Varies NOTIFY 65: Proposition 65 Records Proposition 65 Notification Records. NOTIFY 65 contains facility notifications about any release which could impact drinking water and thereby expose the public to a potential health risk. Date of Government Version: 10/21/1993 Date Data Arrived at EDR: 11/01/1993 Date Made Active in Reports: 11/19/1993 Number of Days to Update: 18 Source: State Water Resources Control Board Telephone: 916-445-3846 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: No Update Planned DEED: Deed Restriction Listing Site Mitigation and Brownfields Reuse Program Facility Sites with Deed Restrictions & Hazardous Waste Management Program Facility Sites with Deed / Land Use Restriction. The DTSC Site Mitigation and Brownfields Reuse Program (SMBRP) list includes sites cleaned up under the program's oversight and generally does not include current or former hazardous waste facilities that required a hazardous waste facility permit. The list represents deed restrictions that are active. Some sites have multiple deed restrictions. The DTSC Hazardous Waste Management Program (HWMP) has developed a list of current or former hazardous waste facilities that have a recorded land use restriction at the local county recorder's office. The land use restrictions on this list were required by the DTSC HWMP as a result of the presence of hazardous substances that remain on site after the facility (or part of the facility) has been closed or cleaned up. The types of land use restriction include deed notice, deed restriction, or a land use restriction that binds current and future owners. Date of Government Version: 06/30/2008 Date Data Arrived at EDR: 06/30/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 31 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Semi -Annually VCP: Voluntary Cleanup Program Properties Contains low threat level properties with either confirmed or unconfirmed releases and the project proponents have request that DTSC oversee investigation and/or cleanup activities and have agreed to provide coverage for DTSC's costs. Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 05/28/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 23 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 05/28/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Quarterly DRYCLEANERS: Cleaner Facilities A list of drycleaner related facilities that have EPA ID numbers. These are facilities with certain SIC codes: power laundries, family and commercial; garment pressing and cleaner's agents; linen supply; coin-operated laundries and cleaning; drycleaning plants, except rugs; carpet and upholster cleaning; industrial launderers; laundry and garment services. Date of Government Version: 07/31/2007 Date Data Arrived at EDR: 07/31/2007 Date Made Active in Reports: 08/09/2007 Number of Days to Update: 9 Source: Department of Toxic Substance Control Telephone: 916-327-4498 Last EDR Contact: 07/03/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Annually WIP: Well Investigation Program Case List Well Investigation Program case in the San Gabriel and San Fernando Valley area. TC2282004.1 s Page GR -16 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 02/26/2008 Date Data Arrived at EDR: 04/23/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 13 Source: Los Angeles Water Quality Control Board Telephone: 213-576-6726 Last EDR Contact: 07/25/2008 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies CDL: Clandestine Drug Labs A listing of drug lab locations. Listing of a location in this database does not indicate that any illegal drug lab materials were or were not present there, and does not constitute a determination that the location either requires or does not require additional cleanup work. Date of Government Version: 12/31/2007 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 14 Source: Department of Toxic Substances Control Telephone: 916-255-6504 Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies RESPONSE: State Response Sites Identifies confirmed release sites where DTSC is involved in remediation, either in a lead or oversight capacity. These confirmed release sites are generally high-priority and high potential risk. Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 05/28/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 23 Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 05/28/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Quarterly HAZNET: Facility and Manifest Data Facility and Manifest Data. The data is extracted from the copies of hazardous waste manifests received each year by the DTSC. The annual volume of manifests is typically 700,000 - 1,000,000 annually, representing approximately 350,000 - 500,000 shipments. Data are from the manifests submitted without correction, and therefore many contain some invalid values for data elements such as generator ID, TSD ID, waste category, and disposal method. Date of Government Version: 12/31/2006 Source: California Environmental Protection Agency Date Data Arrived at EDR: 10/04/2007 Telephone: 916-255-1136 Date Made Active in Reports: 11/07/2007 Last EDR Contact: 05/09/2008 Number of Days to Update: 34 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Annually EMI: Emissions Inventory Data Toxics and criteria pollutant emissions data collected by the ARB and local air pollution agencies. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 04/17/2007 Date Made Active in Reports: 05/10/2007 Number of Days to Update: 23 HAULERS: Registered Waste Tire Haulers Listing A listing of registered waste tire haulers. Date of Government Version: 07/15/2008 Date Data Arrived at EDR: 07/18/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 13 Source: California Air Resources Board Telephone: 916-322-2990 Last EDR Contact: 04/18/2008 Next Scheduled EDR Contact: 07/14/2008 Data Release Frequency: Varies Source: Integrated Waste Management Board Telephone: 916-341-6422 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Varies ENVIROSTOR: EnviroStor Database The Department of Toxic Substances Control's (DTSC's) Site Mitigation and Brownfields Reuse Program's (SMBRP's) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly -contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. TC2282004.1 s Page GR -17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 05/28/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 23 TRIBAL RECORDS Source: Department of Toxic Substances Control Telephone: 916-323-3400 Last EDR Contact: 05/28/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Quarterly INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 12/08/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 34 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 05/09/2008 Next Scheduled EDR Contact: 08/04/2008 Data Release Frequency: Semi -Annually INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 05/27/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Varies INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 02/21/2008 Date Data Arrived at EDR: 02/26/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 23 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 02/28/2008 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 17 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 02/25/2008 Date Data Arrived at EDR: 02/26/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 20 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 02/20/2008 Date Data Arrived at EDR: 03/04/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 13 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 03/17/2008 Date Data Arrived at EDR: 03/27/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 40 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 03/17/2008 Date Data Arrived at EDR: 03/27/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 40 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Semi -Annually INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 03/12/2008 Date Data Arrived at EDR: 03/14/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 6 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN UST R1: Underground Storage Tanks on Indian Land A listing of underground storage tank locations on Indian Land. Date of Government Version: 03/12/2008 Date Data Arrived at EDR: 03/14/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 6 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 03/17/2008 Date Data Arrived at EDR: 03/27/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 40 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Semi -Annually INDIAN UST R10: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 02/21/2008 Date Data Arrived at EDR: 02/26/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 23 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly INDIAN UST R8: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 02/20/2008 Date Data Arrived at EDR: 03/04/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 13 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN UST R6: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 02/28/2008 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 03/17/2008 Number of Days to Update: 17 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Semi -Annually INDIAN UST R5: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 12/21/2007 Date Data Arrived at EDR: 12/21/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 34 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 02/25/2008 Date Data Arrived at EDR: 02/26/2008 Date Made Active in Reports: 03/20/2008 Number of Days to Update: 23 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Quarterly INDIAN UST R7: Underground Storage Tanks on Indian Land No description is available for this data Date of Government Version: 06/01/2007 Date Data Arrived at EDR: 06/14/2007 Date Made Active in Reports: 07/05/2007 Number of Days to Update: 21 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 04/02/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 EDR PROPRIETARY RECORDS Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Varies Manufactured Gas Plants: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR's researchers. Manufactured gas sites were used in the United States from the 1800's to 1950's to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. TC2282004.1 s Page GR -20 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A COUNTY RECORDS ALAMEDA COUNTY: Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned Contaminated Sites A listing of contaminated sites overseen by the Toxic Release Program (oil and groundwater contamination from chemical releases and spills) and the Leaking Underground Storage Tank Program (soil and ground water contamination from leaking petroleum USTs). Date of Government Version: 01/28/2008 Source: Alameda County Environmental Health Services Date Data Arrived at EDR: 01/29/2008 Telephone: 510-567-6700 Date Made Active in Reports: 02/14/2008 Last EDR Contact: 07/21/2008 Number of Days to Update: 16 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Semi -Annually Underground Tanks Underground storage tank sites located in Alameda county. Date of Government Version: 01/28/2008 Source: Alameda County Environmental Health Services Date Data Arrived at EDR: 01/29/2008 Telephone: 510-567-6700 Date Made Active in Reports: 02/08/2008 Last EDR Contact: 07/21/2008 Number of Days to Update: 10 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Semi -Annually CONTRA COSTA COUNTY: Site List List includes sites from the underground tank, hazardous waste generator and business plan/2185 programs. Date of Government Version: 06/03/2008 Source: Contra Costa Health Services Department Date Data Arrived at EDR: 06/05/2008 Telephone: 925-646-2286 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 05/27/2008 Number of Days to Update: 15 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Semi -Annually FRESNO COUNTY: CUPA Resources List Certified Unified Program Agency. CUPA's are responsible for implementing a unified hazardous materials and hazardous waste management regulatory program. The agency provides oversight of businesses that deal with hazardous materials, operate underground storage tanks or aboveground storage tanks. Date of Government Version: 03/31/2008 Date Data Arrived at EDR: 04/18/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 18 KERN COUNTY: Source: Dept. of Community Health Telephone: 559-445-3271 Last EDR Contact: 04/18/2008 Next Scheduled EDR Contact: 07/14/2008 Data Release Frequency: Semi -Annually TC2282004.1 s Page GR -21 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Underground Storage Tank Sites & Tank Listing Kern County Sites and Tanks Listing. Date of Government Version: 06/02/2008 Date Data Arrived at EDR: 06/03/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 29 LOS ANGELES COUNTY: Source: Kern County Environment Health Services Department Telephone: 661-862-8700 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly San Gabriel Valley Areas of Concern San Gabriel Valley areas where VOC contamination is at or above the MCL as designated by region 9 EPA office. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 07/07/1999 Date Made Active in Reports: N/A Number of Days to Update: 0 Source: EPA Region 9 Telephone: 415-972-3178 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: No Update Planned HMS: Street Number List Industrial Waste and Underground Storage Tank Sites. Date of Government Version: 04/30/2008 Date Data Arrived at EDR: 06/24/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 37 List of Solid Waste Facilities Solid Waste Facilities in Los Angeles County. Date of Government Version: 05/12/2008 Date Data Arrived at EDR: 05/27/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 24 Source: Department of Public Works Telephone: 626-458-3517 Last EDR Contact: 05/12/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Semi -Annually Source: La County Department of Public Works Telephone: 818-458-5185 Last EDR Contact: 05/14/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Varies City of Los Angeles Landfills Landfills owned and maintained by the City of Los Angeles. Date of Government Version: 03/01/2008 Date Data Arrived at EDR: 03/20/2008 Date Made Active in Reports: 04/14/2008 Number of Days to Update: 25 Source: Engineering & Construction Division Telephone: 213-473-7869 Last EDR Contact: 06/09/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Varies Site Mitigation List Industrial sites that have had some sort of spill or complaint. Date of Government Version: 02/14/2008 Date Data Arrived at EDR: 04/10/2008 Date Made Active in Reports: 05/06/2008 Number of Days to Update: 26 Source: Community Health Services Telephone: 323-890-7806 Last EDR Contact: 05/12/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Annually City of EI Segundo Underground Storage Tank Underground storage tank sites located in EI Segundo city. TC2282004.1 s Page GR -22 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 06/10/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 22 Source: City of EI Segundo Fire Department Telephone: 310-524-2236 Last EDR Contact: 05/27/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Semi -Annually City of Long Beach Underground Storage Tank Underground storage tank sites located in the city of Long Beach. Date of Government Version: 03/28/2003 Date Data Arrived at EDR: 10/23/2003 Date Made Active in Reports: 11/26/2003 Number of Days to Update: 34 Source: City of Long Beach Fire Department Telephone: 562-570-2563 Last EDR Contact: 05/21/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Annually City of Torrance Underground Storage Tank Underground storage tank sites located in the city of Torrance. Date of Government Version: 02/26/2008 Date Data Arrived at EDR: 02/27/2008 Date Made Active in Reports: 03/14/2008 Number of Days to Update: 16 MARIN COUNTY: Underground Storage Tank Sites Currently permitted USTs in Marin County. Date of Government Version: 05/07/2008 Date Data Arrived at EDR: 05/27/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 36 NAPA COUNTY: Source: City of Torrance Fire Department Telephone: 310-618-2973 Last EDR Contact: 05/27/2008 Next Scheduled EDR Contact: 08/11/2008 Data Release Frequency: Semi -Annually Source: Public Works Department Waste Management Telephone: 415-499-6647 Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Semi -Annually Sites With Reported Contamination A listing of leaking underground storage tank sites located in Napa county. Date of Government Version: 07/09/2008 Source: Napa County Department of Environmental Management Date Data Arrived at EDR: 07/09/2008 Telephone: 707-253-4269 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 07/09/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Semi -Annually Closed and Operating Underground Storage Tank Sites Underground storage tank sites located in Napa county. Date of Government Version: 01/15/2008 Date Data Arrived at EDR: 01/16/2008 Date Made Active in Reports: 02/08/2008 Number of Days to Update: 23 ORANGE COUNTY: Source: Napa County Department of Environmental Management Telephone: 707-253-4269 Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Annually TC2282004.1 s Page GR -23 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING List of Industrial Site Cleanups Petroleum and non -petroleum spills. Date of Government Version: 06/02/2008 Date Data Arrived at EDR: 06/13/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 7 Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 06/04/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Annually List of Underground Storage Tank Cleanups Orange County Underground Storage Tank Cleanups (LUST). Date of Government Version: 06/02/2008 Date Data Arrived at EDR: 06/16/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 4 Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 06/04/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly List of Underground Storage Tank Facilities Orange County Underground Storage Tank Facilities (UST). Date of Government Version: 06/02/2008 Date Data Arrived at EDR: 06/13/2008 Date Made Active in Reports: 07/14/2008 Number of Days to Update: 31 PLACER COUNTY: Source: Health Care Agency Telephone: 714-834-3446 Last EDR Contact: 06/04/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly Master List of Facilities List includes aboveground tanks, underground tanks and cleanup sites. Date of Government Version: 07/23/2007 Date Data Arrived at EDR: 07/23/2007 Date Made Active in Reports: 08/09/2007 Number of Days to Update: 17 RIVERSIDE COUNTY: Source: Placer County Health and Human Services Telephone: 530-889-7312 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Semi -Annually Listing of Underground Tank Cleanup Sites Riverside County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 07/15/2008 Date Data Arrived at EDR: 07/18/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 13 Source: Department of Public Health Telephone: 951-358-5055 Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Quarterly Underground Storage Tank Tank List Underground storage tank sites located in Riverside county. Date of Government Version: 05/13/2008 Date Data Arrived at EDR: 05/15/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 48 SACRAMENTO COUNTY: Source: Health Services Agency Telephone: 951-358-5055 Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -24 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Contaminated Sites List of sites where unauthorized releases of potentially hazardous materials have occurred. Date of Government Version: 05/06/2008 Source: Sacramento County Environmental Management Date Data Arrived at EDR: 05/08/2008 Telephone: 916-875-8406 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 07/28/2008 Number of Days to Update: 43 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly ML - Regulatory Compliance Master List Any business that has hazardous materials on site - hazardous material storage sites, underground storage tanks, waste generators. Date of Government Version: 05/06/2008 Source: Sacramento County Environmental Management Date Data Arrived at EDR: 05/08/2008 Telephone: 916-875-8406 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 07/28/2008 Number of Days to Update: 43 Next Scheduled EDR Contact: 10/27/2008 Data Release Frequency: Quarterly SAN BERNARDINO COUNTY: Hazardous Material Permits This listing includes underground storage tanks, medical waste handlers/generators, hazardous materials handlers, hazardous waste generators, and waste oil generators/handlers. Date of Government Version: 06/23/2008 Source: San Bernardino County Fire Department Hazardous Materials Division Date Data Arrived at EDR: 06/23/2008 Telephone: 909-387-3041 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 06/02/2008 Number of Days to Update: 38 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly SAN DIEGO COUNTY: Hazardous Materials Management Division Database The database includes: HE58 - This report contains the business name, site address, business phone number, establishment 'H' permit number, type of permit, and the business status. HE17 - In addition to providing the same information provided in the HE58 listing, HE17 provides inspection dates, violations received by the establishment, hazardous waste generated, the quantity, method of storage, treatment/disposal of waste and the hauler, and information on underground storage tanks. Unauthorized Release List - Includes a summary of environmental contamination cases in San Diego County (underground tank cases, non -tank cases, groundwater contamination, and soil contamination are included.) Date of Government Version: 05/16/2005 Source: Hazardous Materials Management Division Date Data Arrived at EDR: 05/18/2005 Telephone: 619-338-2268 Date Made Active in Reports: 06/16/2005 Last EDR Contact: 07/29/2008 Number of Days to Update: 29 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Quarterly Solid Waste Facilities San Diego County Solid Waste Facilities. Date of Government Version: 08/01/2007 Source: Department of Health Services Date Data Arrived at EDR: 02/05/2008 Telephone: 619-338-2209 Date Made Active in Reports: 02/14/2008 Last EDR Contact: 05/19/2008 Number of Days to Update: 9 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Varies TC2282004.1 s Page GR -25 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Environmental Case Listing The listing contains all underground tank release cases and projects pertaining to properties contaminated with hazardous substances that are actively under review by the Site Assessment and Mitigation Program. Date of Government Version: 06/04/2008 Date Data Arrived at EDR: 07/25/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 6 SAN FRANCISCO COUNTY: Source: San Diego County Department of Environmental Health Telephone: 619-338-2371 Last EDR Contact: 07/03/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Varies Local Oversite Facilities A listing of leaking underground storage tank sites located in San Francisco county. Date of Government Version: 06/02/2008 Source: Department Of Public Health San Francisco County Date Data Arrived at EDR: 06/03/2008 Telephone: 415-252-3920 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 06/02/2008 Number of Days to Update: 17 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly Underground Storage Tank Information Underground storage tank sites located in San Francisco county. Date of Government Version: 06/02/2008 Date Data Arrived at EDR: 06/03/2008 Date Made Active in Reports: 07/14/2008 Number of Days to Update: 41 SAN JOAQUIN COUNTY: Source: Department of Public Health Telephone: 415-252-3920 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Quarterly San Joaquin Co. UST A listing of underground storage tank locations in San Joaquin county. Date of Government Version: 06/12/2008 Date Data Arrived at EDR: 06/13/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 19 SAN MATEO COUNTY: Source: Environmental Health Department Telephone: N/A Last EDR Contact: 07/14/2008 Next Scheduled EDR Contact: 10/13/2008 Data Release Frequency: Semi -Annually Business Inventory List includes Hazardous Materials Business Plan, hazardous waste generators, and underground storage tanks. Date of Government Version: 06/18/2008 Source: San Mateo County Environmental Health Services Division Date Data Arrived at EDR: 06/18/2008 Telephone: 650-363-1921 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 07/09/2008 Number of Days to Update: 2 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Annually Fuel Leak List A listing of leaking underground storage tank sites located in San Mateo county. Date of Government Version: 07/10/2008 Date Data Arrived at EDR: 07/11/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 20 SANTA CLARA COUNTY: Source: San Mateo County Environmental Health Services Division Telephone: 650-363-1921 Last EDR Contact: 07/09/2008 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Semi -Annually TC2282004.1 s Page GR -26 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING HIST LUST - Fuel Leak Site Activity Report A listing of open and closed leaking underground storage tanks. This listing is no longer updated by the county. Leaking underground storage tanks are now handled by the Department of Environmental Health. Date of Government Version: 03/29/2005 Date Data Arrived at EDR: 03/30/2005 Date Made Active in Reports: 04/21/2005 Number of Days to Update: 22 Source: Santa Clara Valley Water District Telephone: 408-265-2600 Last EDR Contact: 06/23/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: No Update Planned LOP Listing A listing of leaking underground storage tanks located in Santa Clara county. Date of Government Version: 07/17/2008 Date Data Arrived at EDR: 07/18/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 13 Source: Department of Environmental Health Telephone: 408-918-3417 Last EDR Contact: 07/09/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Varies Hazardous Material Facilities Hazardous material facilities, including underground storage tank sites. Date of Government Version: 06/06/2008 Date Data Arrived at EDR: 06/10/2008 Date Made Active in Reports: 06/20/2008 Number of Days to Update: 10 SOLANO COUNTY: Source: City of San Jose Fire Department Telephone: 408-277-4659 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: Annually Leaking Underground Storage Tanks A listing of leaking underground storage tank sites located in Solano county. Date of Government Version: 06/23/2008 Source: Solano County Department of Environmental Management Date Data Arrived at EDR: 07/09/2008 Telephone: 707-784-6770 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 06/23/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Quarterly Underground Storage Tanks Underground storage tank sites located in Solano county. Date of Government Version: 06/22/2008 Date Data Arrived at EDR: 07/03/2008 Date Made Active in Reports: 07/25/2008 Number of Days to Update: 22 SONOMA COUNTY: Source: Solano County Department of Environmental Management Telephone: 707-784-6770 Last EDR Contact: 06/23/2008 Next Scheduled EDR Contact: 09/22/2008 Data Release Frequency: Quarterly Leaking Underground Storage Tank Sites A listing of leaking underground storage tank sites located in Sonoma county. Date of Government Version: 07/01/2008 Date Data Arrived at EDR: 07/22/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 9 SUTTER COUNTY: Source: Department of Health Services Telephone: 707-565-6565 Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 10/20/2008 Data Release Frequency: Quarterly TC2282004.1 s Page GR -27 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Underground Storage Tanks Underground storage tank sites located in Sutter county. Date of Government Version: 05/04/2007 Date Data Arrived at EDR: 05/04/2007 Date Made Active in Reports: 05/24/2007 Number of Days to Update: 20 VENTURA COUNTY: Source: Sutter County Department of Agriculture Telephone: 530-822-7500 Last EDR Contact: 06/30/2008 Next Scheduled EDR Contact: 09/29/2008 Data Release Frequency: Semi -Annually Business Plan, Hazardous Waste Producers, and Operating Underground Tanks The BWT list indicates by site address whether the Environmental Health Division has Business Plan (B), Waste Producer (W), and/or Underground Tank (T) information. Date of Government Version: 05/29/2008 Source: Ventura County Environmental Health Division Date Data Arrived at EDR: 06/24/2008 Telephone: 805-654-2813 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 06/11/2008 Number of Days to Update: 37 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Quarterly Inventory of Illegal Abandoned and Inactive Sites Ventura County Inventory of Closed, Illegal Abandoned, and Inactive Sites. Date of Government Version: 08/01/2007 Date Data Arrived at EDR: 08/29/2007 Date Made Active in Reports: 09/26/2007 Number of Days to Update: 28 Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 05/19/2008 Next Scheduled EDR Contact: 08/18/2008 Data Release Frequency: Annually Listing of Underground Tank Cleanup Sites Ventura County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 05/29/2008 Date Data Arrived at EDR: 06/24/2008 Date Made Active in Reports: 07/31/2008 Number of Days to Update: 37 Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 06/11/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Quarterly Underground Tank Closed Sites List Ventura County Operating Underground Storage Tank Sites (UST)/Underground Tank Closed Sites List. Date of Government Version: 06/27/2008 Date Data Arrived at EDR: 07/11/2008 Date Made Active in Reports: 07/25/2008 Number of Days to Update: 14 YOLO COUNTY: Source: Environmental Health Division Telephone: 805-654-2813 Last EDR Contact: 07/11/2008 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Quarterly Underground Storage Tank Comprehensive Facility Report Underground storage tank sites located in Yolo county. Date of Government Version: 05/13/2008 Date Data Arrived at EDR: 05/30/2008 Date Made Active in Reports: 07/02/2008 Number of Days to Update: 33 Source: Yolo County Department of Health Telephone: 530-666-8646 Last EDR Contact: 07/28/2008 Next Scheduled EDR Contact: 07/14/2008 Data Release Frequency: Annually TC2282004.1 s Page GR -28 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 06/15/2007 Date Made Active in Reports: 08/20/2007 Number of Days to Update: 66 NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 09/30/2007 Date Data Arrived at EDR: 12/04/2007 Date Made Active in Reports: 12/31/2007 Number of Days to Update: 27 Source: Department of Environmental Protection Telephone: 860-424-3375 Last EDR Contact: 06/13/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Annually Source: Department of Environmental Protection Telephone: N/A Last EDR Contact: 04/03/2008 Next Scheduled EDR Contact: 06/30/2008 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 05/27/2008 Date Data Arrived at EDR: 05/29/2008 Date Made Active in Reports: 07/10/2008 Number of Days to Update: 42 PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2006 Date Data Arrived at EDR: 12/21/2007 Date Made Active in Reports: 01/10/2008 Number of Days to Update: 20 RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 10/01/2007 Date Data Arrived at EDR: 11/09/2007 Date Made Active in Reports: 01/15/2008 Number of Days to Update: 67 WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2006 Date Data Arrived at EDR: 04/27/2007 Date Made Active in Reports: 06/08/2007 Number of Days to Update: 42 Source: Department of Environmental Conservation Telephone: 518-402-8651 Last EDR Contact: 05/29/2008 Next Scheduled EDR Contact: 08/25/2008 Data Release Frequency: Annually Source: Department of Environmental Protection Telephone: N/A Last EDR Contact: 06/09/2008 Next Scheduled EDR Contact: 09/08/2008 Data Release Frequency: Annually Source: Department of Environmental Management Telephone: 401-222-2797 Last EDR Contact: 06/16/2008 Next Scheduled EDR Contact: 09/15/2008 Data Release Frequency: Annually Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 07/21/2008 Next Scheduled EDR Contact: 10/06/2008 Data Release Frequency: Annually TC2282004.1 s Page GR -29 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Oil/Gas Pipelines: This data was obtained by EDR from the USGS in 1994. It is referred to by USGS as GeoData Digital Line Graphs from 1:100,000 -Scale Maps. It was extracted from the transportation category including some oil, but primarily gas pipelines. Electric Power Transmission Line Data Source: PennWell Corporation Telephone: (800) 823-6277 This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. Daycare Centers: Licensed Facilities Source: Department of Social Services Telephone: 916-657-4041 Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1999 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 and 2005 from the U.S. Fish and Wildlife Service. STREET AND ADDRESS INFORMATION © 2008 Tele Atlas North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC2282004.1 s Page GR -30 GEOCHECK®- PHYSICAL SETTING SOURCE ADDENDUM TARGET PROPERTY ADDRESS BUCK GULLY CANYON GLEN DRIVE NEWPORT BEACH, CA 92625 TARGET PROPERTY COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: USGS TOPOGRAPHIC MAP Target Property Map: Most Recent Revision West Map: Most Recent Revision 33.59166 - 33° 35' 30.0" 117.86743 - 117° 52' 2.8" Zone 11 419510.5 3717025.5 23 ft. above sea level 33117-E7 LAGUNA BEACH, CA 1981 33117-E8 NEWPORT BEACH OE S, CA 1981 EDR's GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration. Assessment of the impact of contaminant migration generally has two principle investigative components: 1. Groundwater flow direction, and 2. Groundwater flow velocity. Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata. TC2282004.1 s Page A-1 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers). TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General SW SURROUNDING TOPOGRAPHY: ELEVATION PROFILES N N OJ N O O O OOD Of � W A OAD W. - . - . - . - . - . - . - . - . - . - . - . _ North TP South West I East TP 0 1/2 1 Miles Target Property Elevation: 23 ft. Source: Topography has been determined from the USGS 7.5' Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. TC2282004.1 s Page A-2 W N A N C W p r N f0 O v W _ � N N . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . West I East TP 0 1/2 1 Miles Target Property Elevation: 23 ft. Source: Topography has been determined from the USGS 7.5' Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. TC2282004.1 s Page A-2 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water). FEMA FLOOD ZONE Target Property County ORANGE, CA Flood Plain Panel at Target Property: Additional Panels in search area: NATIONAL WETLAND INVENTORY NWI Quad at Target Property LAGUNA BEACH HYDROGEOLOGIC INFORMATION FEMA Flood Electronic Data YES - refer to the Overview Map and Detail Map 06059CO062E 11I01MG1101110' NWI Electronic Data Coverage YES - refer to the Overview Map and Detail Map Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. Site -Specific Hydrogeological Data*: Search Radius: 1.25 miles Status: Not found AQUIFLOWO Search Radius: 1.000 Mile. EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table. LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW 1 1/8 - 1/4 Mile NE Not Reported 2 1/4 - 1/2 Mile East Not Reported 3 1/2 - 1 Mile NNW SW For additional site information, refer to Physical Setting Source Map Findings. ' 51996 Site-specific hydrogeologicaI data gathered by CERCLIS Alerts, Inc., Bainbridge Island, WA. All rights reserved. All of the information and opinions presented are those of the cited EPA report(s), which were completed under a Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) investigation. TC2282004.1 s Page A-3 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy -gravelly types of soils than silty -clayey types of soils. GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring. :AZa :F� 1:L1111 0:L1011411 ki 1 I I GEOLOGIC AGE IDENTIFICATION Era: Cenozoic Category: Stratified Sequence System: Tertiary Series: Miocene Code: Tm (decoded above as Era, System & Series) Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). TC2282004.1 s Page A-4 SSURGO SOIL MAP - 2282004.1 s Target Property SSURGO Soil Water 0 1/16 1/8 1A Miles SITE NAME: Buck Gully Canyon CLIENT: RBF Consulting ADDRESS: Glen Drive CONTACT: Stephanie Melton Newport Beach CA 92625 INQUIRY #: 2282004.1s LAT/LONG: 33.5917/117.8674 DATE: July 31, 2008 12:54 pm Copyright m 2008 EDR, Inc. (c) 2007 Tele Atlas Rel. 07/2006. GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY The U.S. Department of Agriculture's (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. The following information is based on Soil Conservation Service SSURGO data. Soil Map ID: 1 Soil Component Name: MYFORD Soil Surface Texture: sandy loam Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer. Soil Drainage Class: Moderately well drained Hydric Status: Not hydric Corrosion Potential - Uncoated Steel: High Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 0 inches Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 7 inches sandy loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 2 7 inches 11 inches sandy clay Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. TC2282004.1 s Page A-6 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information MYFORD Boundary sandy loam Classification Saturated water table, or are shallow to an impervious layer. Soil Drainage Class: Moderately well drained Hydric Status: Not hydric hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 3 11 inches 20 inches sandy clay loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 4 20 inches 64 inches sandy clay loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 5 64 inches 79 inches sandy loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. Soil Map ID: 2 Soil Component Name: MYFORD Soil Surface Texture: sandy loam Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer. Soil Drainage Class: Moderately well drained Hydric Status: Not hydric Corrosion Potential - Uncoated Steel: High Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 0 inches TC2282004.1 s Page A-7 GEOCHECK9' - PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 11 inches sandy loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 2 11 inches 18 inches sandy clay Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 3 18 inches 27 inches sandy clay loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 4 27 inches 70 inches sandy clay loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. 5 70 inches 79 inches sandy loam Granular FINE-GRAINED Max: 14 Max: 6.5 materials (35 SOILS, Silts and Min: 4 Min: 6.1 pct. or less Clays (liquid passing No. limit less than 200), Silty, or 50%), Lean Clay. Clayey Gravel FINE-GRAINED and Sand. SOILS, Silts and Clays (liquid limit less than 50%), silt. TC2282004.1 s Page A-8 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY Soil Map ID: 3 Soil Component Name: Soil Surface Texture: Hydrologic Group: MARINA loamy sand Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures. Soil Drainage Class: Somewhat excessively drained Hydric Status: Not hydric Corrosion Potential - Uncoated Steel: Low Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 0 inches Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 33 inches loamy sand Not reported Not reported Max: 14 Max: 6.5 Min:4 Min: 5.6 2 33 inches 59 inches sand Not reported Not reported Max: 14 Max: 6.5 Min:4 Min: 5.6 3 59 inches 79 inches sand Not reported Not reported Max: 14 Max: 6.5 Min:4 Min: 5.6 Soil Map ID: 4 Soil Component Name: BEACHES Soil Surface Texture: sand Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer. Soil Drainage Class: Poorly drained Hydric Status: All hydric Corrosion Potential - Uncoated Steel: High Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 92 inches TC2282004.1 s Page A-9 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 5 inches sand Not reported Not reported Max: 141 Max: 7.8 Materials (more Min: 42 Min: 5.1 2 5 inches 59 inches coarse sand Not reported Not reported Max: 141 Max: 7.8 passing No. Min: 42 Min: 5.1 Soil Map ID: 5 Soil Component Name: CALLEGUAS Soil Surface Texture: clay loam Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer. Soil Drainage Class: Well drained Hydric Status: Not hydric Corrosion Potential - Uncoated Steel: High Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 0 inches Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 14 inches clay loam Silt -Clay Not reported Max: 1.4 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Silty Soils. 2 14 inches 18 inches weathered Silt -Clay Not reported Max: 1.4 Max: Min: bedrock Materials (more Min: 0 than 35 pct. passing No. 200), Silty Soils. TC2282004.1 s Page A-10 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY Soil Map ID: 6 Soil Component Name: Soil Surface Texture: Hydrologic Group: ALO clay Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer. Soil Drainage Class: Well drained Hydric Status: Not hydric Corrosion Potential - Uncoated Steel: High Depth to Bedrock Min: > 0 inches Depth to Watertable Min: > 0 inches Soil Layer Information Boundary Classification Saturated hydraulic conductivity Soil Reaction Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil micro m/sec (pH) 1 0 inches 25 inches clay Not reported Not reported Max: Max: Min: Min: 2 25 inches 29 inches weathered Not reported Not reported Max: Max: Min: bedrock Min: LOCAL / REGIONAL WATER AGENCY RECORDS EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells. WELL SEARCH DISTANCE INFORMATION DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000 FEDERAL USGS WELL INFORMATION MAP ID WELL ID LOCATION FROM TP TC2282004.1 s Page A-11 GEOCHECK®- PHYSICAL SETTING SOURCE SUMMARY FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found Note: PWS System location is not always the same as well location. STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found OTHER STATE DATABASE INFORMATION STATE OIL/GAS WELL INFORMATION DISTANCE FROM TP (Miles) 1/2 -1 Mile NE 1 - 2 Miles ENE 1/2 - 1 Mile ENE DISTANCE FROM TP (Miles) 1/2 - 1 Mile NE 1 - 2 Miles ENE 1/4-1/2 Mile NNE TC2282004.1 s Page A-12 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Map ID Direction Distance Elevation 1 Site ID: 083000265T NE Groundwater Flow: Not Reported 1/8 - 1/4 Mile Higher Shallow Water Depth: Not Reported Higher Deep Water Depth: Not Reported Average Water Depth: 6.5 Date: 06/16/1994 2 Site ID: 083000411T East Groundwater Flow: Not Reported 1/4 - 1/2 Mile Shallow Water Depth: 3.87 Higher Deep Water Depth: 7.94 Average Water Depth: Not Reported Date: 04/24/1998 3 Site ID: 083000366T NNW Groundwater Flow: SW 1/2 -11 Mile Shallow Water Depth: 64.15 Higher Deep Water Depth: 66.46 Average Water Depth: Not Reported Date: 05/04/1987 Database EDR ID Number AQUIFLOW 67245 AQUIFLOW 51957 AQUIFLOW 65347 TC2282004.1 s Page A-13 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS NE 1/2 - 1 Mile OIL GAS Apinumber: 05901206 Operator: CalResources LLC Lease: Irvine Well no: 2 Field: ORANGE COUNTY Cagasoil m2 area: Not Reported Map: W1-6 Status: Plugged and abandoned -dry hole Source: hud Latitude: 33.602409 Longitude: -117.857538 Td: 2241 Sec: 31 Twn: 6S Rge: 9W Bm: SB X coord: 0 Y coord: 0 Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008815 NE 1/2 - 1 Mile OIL GAS Apinumber: 05901207 Operator: CalResources LLC Lease: Irvine Well no: 3 Field: ORANGE COUNTY Cagasoil m2 area: Not Reported Map: W1-6 Status: Plugged and abandoned -dry hole Source: hud Latitude: 33.600124 Longitude: -117.853004 Td: 1826 Sec: 6 Twn: 7S Rge: 9W Bm: SB X coord: 0 Y coord: 0 Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008814 CAOG40000008815 CAOG40000008814 ENE 1 - 2 Miles OIL GAS CAOG40000008812 TC2282004.1 s Page A-14 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Apinumber: 05901132 Operator: CalResources LLC Lease: Irvine Four Well no: 51-130 Field: ORANGE COUNTY Cagasoil m2 area: Not Reported Map: W1-6 Well no: 51-130-R Status: Plugged and abandoned -dry hole Cagasoil m2 area: Not Reported Source: hud Latitude: 33.598886 Longitude: -117.849691 Td: 8431 Sec: 5 Twn: 7S Rge: 9W Bm: SB X coord: 0 Rge: 9W Y coord: 0 Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008812 ENE 1 - 2 Miles OIL GAS CAOG40000008811 Apinumber: 05901133 Operator: CalResources LLC Lease: Irvine Four Well no: 51-130-R Field: ORANGE COUNTY Cagasoil m2 area: Not Reported Map: W1-6 Status: Plugged and abandoned -dry hole Source: hud Latitude: 33.598328 Longitude: -117.849414 Td: 9043 Sec: 5 Twn: 7S Rge: 9W Bm: SB X coord: 0 Y coord: 0 Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008811 ENE 1/2 - 1 Mile OIL GAS CAOG40000008810 Apinumber: 05901205 Operator: CalResources LLC Lease: Irvine Well no: 1 Field: ORANGE COUNTY Cagasoil m2 area: Not Reported Map: W1-6 Status: Plugged and abandoned -dry hole Source: hud Latitude: 33.597544 Longitude: -117.855139 Td: 3108 Sec: 6 Twn: 7S Rge: 9W TC2282004.1 s Page A-15 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Bm: SB X coord: 0 OIL GAS Y coord: 0 Operator: Phillips Petroleum Co. Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008810 NNE 1/4 - 1/2 Mile OIL GAS Apinumber: 05901147 Operator: Phillips Petroleum Co. Lease: Irvine Beach Well no: 1 Field: Orange County Cagasoil m2 area: Not Reported Map: W1-6 Status: Plugged and abandoned -dry hole Source: hud Latitude: 33.596406 Longitude: -117.86363 Td: 0 Sec: 6 Twn: 7S Rge: 9W Bm: SB X coord: 0 Y coord: 0 Zone: Not Reported Spuddate: 12/12/1968 00:00:00 Abanddate: 12/30/1899 00:00:00 Comments: Not Reported District: 1 Site id: CAOG40000008809 CAOG40000008809 TC2282004.1 s Page A-16 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS RADON AREA RADON INFORMATION State Database: CA Radon Radon Test Results Zip Total Sites > 4 Pci/L Pct. > 4 Pci/L 92625 24 3 12.50 Federal EPA Radon Zone for ORANGE County: 3 Note: Zone 1 indoor average level > 4 pCi/L. Zone 2 indoor average level — 2 pCi/L and — 4 pCi/L. Zone 3 indoor average level < 2 pCi/L. Federal Area Radon Information for ORANGE COUNTY, CA Number of sites tested: 30 Area Average Activity % <4 pCi/L Living Area - 1 st Floor 0.763 pCi/L 100% Living Area - 2nd Floor Not Reported Not Reported Basement Not Reported Not Reported % 4-20 pCi/L % >20 pCi/L 0% 0% Not Reported Not Reported Not Reported Not Reported TC2282004.1 s Page A-17 PHYSICAL SETTING SOURCE RECORDS SEARCHED TOPOGRAPHIC INFORMATION USGS 7.5' Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5' Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000 -scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection. HYDROLOGIC INFORMATION Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1999 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 and 2005 from the U.S. Fish and Wildlife Service. HYDROGEOLOGIC INFORMATION AQUIFLOWR Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Services, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management. LOCAL / REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources. TC2282004.1 s Page A-18 PHYSICAL SETTING SOURCE RECORDS SEARCHED PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS). USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater. STATE RECORDS Water Well Database Source: Department of Water Resources Telephone: 916-651-9648 California Drinking Water Quality Database Source: Department of Health Services Telephone: 916-324-2319 The database includes all drinking water compliance and special studies monitoring for the state of California since 1984. It consists of over 3,200,000 individual analyses along with well and water system information. OTHER STATE DATABASE INFORMATION California Oil and Gas Well Locations Source: Department of Conservation Telephone: 916-323-1779 RADON State Database: CA Radon Source: Department of Health Services Telephone: 916-324-2208 Radon Database for California Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656 Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration California Earthquake Fault Lines: The fault lines displayed on EDR's Topographic map are digitized quaternary fault lines, prepared in 1975 by the United State Geological Survey. Additional information (also from 1975) regarding activity at specific fault lines comes from California's Preliminary Fault Activity Map prepared by the California Division of Mines and Geology. TC2282004.1 s Page A-19 PHYSICAL SETTING SOURCE RECORDS SEARCHED STREET AND ADDRESS INFORMATION © 2008 Tele Atlas North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC2282004.1 s Page A-20 City EDR ID Site Name ORPHAN SUMMARY CORONA DEL MAR 0003982079 PRESTIGE #527 (ARCO #1030) CORONA DEL MAR 1000107758 DRY CLEANERS CORONA DEL MAR S106826146 ARCO PETROLEUM PRODUCTS COMPAN CORONA DEL MAR S106835635 MIKES SPORTS BAR, INC CORONA DEL MAR S106842052 VAN'S CLEANERS, MARY MARQUARDT CORONA DEL MAR S108200687 CAMEO OFFICE BUILDING/CHARLIE MASTERS CORONA DEL MAR S108217898 RAPID #32 DEL MAR 0001576767 HERENT MEGERDICHIAN NEWPORT BEACH S103866910 MOBIL S S #18 -HND NEWPORT BEACH S107030340 S.K. EGG CITY NEWPORT BEACH 1000474495 LORAL AEROSPACE AERONUTRONIC SEAL BEACH 5105637080 UNION OIL CO OF CALIFORNIA, UN Site Address 3636 E COAST HWY # 527 3536 E PACICFIC COAST HWY 3636 PACIFIC COAST HWY 2920 E PACIFIC COAST HWY 3512 E PACIFIC COAST HWY 2711 E PACIFIC COAST HWY 3400 E PACIFIC COAST HWY 3636 COAST HWY 1000 COAST HWY 1000 DOVE ST. #100 FORD RD OFFSHORE SEAL BEACH TC2282004.1s Page 1 of 1 Zip Database(s) 92625 UST 92625 RCRA-SQG 92625 EMI 92625 EMI 92625 EMI 92625 HAZNET 92625 HAZNET 92625 HIST UST 92625 LUST SWF/LF 92660 PADS, FINDS, CORRACTS, CERC-NFRAP, RCRA-TSDF, RCRA-S 90740 CHMIRS, EMI DETAILED ORPHAN LISTING Site PRESTIGE #527 (ARCO #1030) 3636 E COAST HWY # 527 CORONA DEL MAR, CA 92625 UST: Local Agency: 30000 Facility ID: 5455 DRY CLEANERS 3536 E PACICFIC COAST HWY CORONA DEL MAR, CA 92625 EDR ID Number Database(s) EPA ID Number UST 0003982079 N/A RCRA-SQG 1000107758 CAD981635600 RCRA-SQG: NOT REQUIRED Date form received by agency: 09/01/1996 Facility name: DRY CLEANERS Facility address: 3536 E PACICFIC COAST HWY Not reported CORONA DEL MAR, CA 92625 EPA ID: CAD981635600 Mailing address: 3536 E PACIFIC COAST HWY Operator CORONA DEL MAR, CA 92625 Contact: Not reported Contact address: Not reported Not reported Contact country: Not reported Contact telephone: Not reported Contact email: Not reported EPA Region: 09 Classification: Small Small Quantity Generator Description: Handler: generates more than 100 and less than 1000 kg of hazardous waste during any calendar month and accumulates less than 6000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time Owner/Operator Summary Owner/operator name: NOT REQUIRED Owner/operator address: NOT REQUIRED NOT REQUIRED, ME 99999 Owner/operator country: Not reported Owner/operator telephone: (415) 555-1212 Legal status: Private Owner/Operator Type: Operator Owner/Op start date: Not reported Owner/Op end date: Not reported Owner/operator name: MARCHAD PATEL Owner/operator address: NOT REQUIRED NOT REQUIRED, ME 99999 Owner/operator country: Not reported Owner/operator telephone: (415) 555-1212 Legal status: Private Owner/Operator Type: Owner Owner/Op start date: Not reported Owner/Op end date: Not reported Handler Activities Summary: U.S. importer of hazardous waste: Unknown Mixed waste (haz. and radioactive): Unknown ORPHAN DETAIL TC2282004.1s Page 1 Site DRY CLEANERS (Continued) Recycler of hazardous waste: Transporter of hazardous waste: Treater, storer or disposer of HW: Underground injection activity: On-site burner exemption: Furnace exemption: Used oil fuel burner: Used oil processor: User oil refiner: Used oil fuel marketer to burner: Used oil Specification marketer: Used oil transfer facility: Used oil transporter: Off-site waste receiver: DETAILED ORPHAN LISTING No No No No Unknown Unknown No No No No No No No Commercial status unknown Historical Generators: Date form received by agency: 12/15/1986 Facility name: DRY CLEANERS Classification: Large Quantity Generator Violation Status: No violations found ARCO PETROLEUM PRODUCTS COMPAN 3636 PACIFIC COAST HWY CORONA DEL MAR, CA 92625 EMI: Year: 1990 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 57199 Air District Name: SC SIC Code: 5541 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 2 Reactive Organic Gases Tons/Yr: 2 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 MIKES SPORTS BAR, INC 2920 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 EMI: Year: 1990 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 71974 Air District Name: SC SIC Code: 5812 Air District Name: SOUTH COAST AQMD EDR ID Number Database(s) EPA ID Number Ij[IIII1111001.1i] EMI S106826146 N/A EMI S106835635 N/A ORPHAN DETAIL TC2282004.1s Page 2 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number MIKES SPORTS BAR, INC (Continued) S106835635 Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 0 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 VAN'S CLEANERS, MARY MARQUARDT EMI S106842052 3512 E PACIFIC COAST HWY N/A CORONA DEL MAR, CA 92625 0 EMI: 0 Year: 1987 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 17548 Air District Name: SC SIC Code: 7216 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 2 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 Year: 1990 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 17548 Air District Name: SC SIC Code: 7216 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 2 Reactive Organic Gases Tons/Yr: 0 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 0 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 ORPHAN DETAIL TC2282004.1s Page 3 DETAILED ORPHAN LISTING Site CAMEO OFFICE BUILDING/CHARLIE MASTERS 2711 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 HAZNET: Gepaid: Contact: Telephone: Facility Addr2: Mailing Name: Mailing Address: Mailing City,St,Zip: Gen County: TSD EPA ID: TSD County: Waste Category: Disposal Method: Tons: Facility County: CAC002578215 CHARLIE MASTERS 9496734120 Not reported Not reported 2711 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 Orange CAT080013352 Los Angeles Oil/water separation sludge Recycler 0.91 Not reported RAPID #32 3400 E PACIFIC COAST HWY CORONA DEL MAR, CA 92625 HAZNET: Gepaid: Contact: Telephone: Facility Addr2: Mailing Name: Mailing Address: Mailing City,St,Zip: Gen County: TSD EPA ID: TSD County: Waste Category: Disposal Method: Tons: Facility County: Gepaid: Contact: Telephone: Facility Addr2: Mailing Name: Mailing Address: Mailing City,St,Zip: Gen County: TSD EPA ID: TSD County: Waste Category: Disposal Method: Tons: Facility County: CAL000280142 SHELLY MICUCCI 3103233992 Not reported Not reported 17311 S MAIN ST GARDENA, CA 902480000 Orange CAD028409019 Los Angeles Other organic solids Transfer Station 0.15 Not reported CAL000280142 SHELLY MICUCCI 3103233992 Not reported Not reported 17311 S MAIN ST GARDENA, CA 902480000 Orange CAD028409019 Los Angeles Other organic solids Transfer Station 0.15 Not reported EDR ID Number Database(s) EPA ID Number HAZNET S108200687 N/A HAZNET S108217898 N/A ORPHAN DETAIL TC2282004.1s Page 4 DETAILED ORPHAN LISTING Site HERENT MEGERDICHIAN 3636 COAST HWY Container Num: DEL MAR, CA 92625 Year Installed: HIST UST: Tank Capacity: Region: STATE Facility ID: 00000026534 Facility Type: Gas Station Other Type: Not reported Total Tanks: 0003 Contact Name: Not reported Telephone: 0000000000 Owner Name: ARCO PETROLEUM PRODUCTS CO. Owner Address: 515 SOUTH FLOWER STREET Owner City,St,Zip: LOS ANGELES, CA 90071 Tank Num: 001 Container Num: 0000000001 Year Installed: 1982 Tank Capacity: 00008000 Tank Used for: PRODUCT Type of Fuel: PREMIUM Tank Construction: Not reported Leak Detection: Stock Inventor, 10 Tank Num: 002 Container Num: 0000000002 Year Installed: 1982 Tank Capacity: 00010000 Tank Used for: PRODUCT Type of Fuel: UNLEADED Tank Construction: Not reported Leak Detection: Stock Inventor, 10 Tank Num: 003 Container Num: 0000000003 Year Installed: 1982 Tank Capacity: 00010000 Tank Used for: PRODUCT Type of Fuel: PREMIUM Tank Construction: Not reported Leak Detection: Stock Inventor. 10 EDR ID Number Database(s) EPA ID Number HIST UST 0001576767 N/A MOBIL S S #18 -HND 1000 COAST HWY NEWPORT BEACH, CA 92625 LUST: Region: ORANGE Facility Id: 84UT016 Current Status: Certification (Case Closed) Released Substance: Gasoline -Automotive (motor gasoline and additives), leaded & unleaded Date Closed: 01/06/2000 Case Type: Other Ground Water Record ID: RO0001056 LUST S103866910 N/A ORPHAN DETAIL TC2282004.1s Page 5 Site S.K. EGG CITY 1000 DOVE ST. #100 NEWPORT BEACH, CA SWF/LF: Region: Facility ID: Facility Telephone: Operator: Permit Date: Land Use: Land Owner: Closure Approve: Disposal Acreage: Location: Swisnumber: Disposal Area: SWFP Date: WDR Number: Dates Operation: Dt Of Field Units: Surface Condition: Leachate: Emrgncy Response: Site Size: Site Type: Reassess Site: Other Observations: Date: Prep By: CIWMB: Recommendations: Othr Recommendation: Explanation: No Further Action: Issues & Observations: DETAILED ORPHAN LISTING VENTURA #45 Not reported Not reported Not reported Not reported CLP Investment LLC Not reported Not reported Liberty Bell Rd. Moorpark 56 -CR -0040 Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported 1/10/01 Barry Marczuk Not reported Not reported Not reported Not reported Not reported Not reported LORAL AEROSPACE AERONUTRONIC FORD RD NEWPORT BEACH, CA 92660 RCRA-TSDF: Date form received by agency: 09/01/1996 Facility name: FORD MOTOR CO Facility address: 1000 FORD RD NEWPORT BEACH, CA 926588900 EPA ID: CAD041330077 Contact: Not reported Contact address: Not reported Not reported Contact country: Not reported Contact telephone: Not reported Contact email: Not reported EPA Region: 09 Land type: Private Classification: TSDF EDR ID Number Database(s) EPA ID Number SWF/LF S107030340 N/A PADS FINDS CORRACTS CERC-NFRAP RCRA-TSDF RCRA-SQG 1000474495 CAD041330077 ORPHAN DETAIL TC2282004.1s Page 6 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) Description: Handler is engaged in the treatment, storage or disposal of hazardous waste TSD commencement date: Not reported Owner/Operator Summary Owner/operator name: FORD AEROSPACE & COMMUNICATIONS CORP Owner/operator address: 300 RENAISSANCE CENTER CITY NOT REPORTED, MI 99999 Owner/operator country: Not reported Owner/operator telephone: (313) 568-7660 Legal status: Private Owner/Operator Type: Operator Owner/Op start date: Not reported Owner/Op end date: Not reported Owner/operator name: FORD MOTOR CO Owner/operator address: 15201 CENTURY DR STE 608 DEARBORN, MI 48120 Owner/operator country: Not reported Owner/operator telephone: (313) 594-3061 Legal status: Private Owner/Operator Type: Owner Owner/Op start date: Not reported Owner/Op end date: Not reported Handler Activities Summary: U.S. importer of hazardous waste: Mixed waste (haz. and radioactive): Recycler of hazardous waste: Transporter of hazardous waste: Treater, storer or disposer of HW: Underground injection activity: On-site burner exemption: Furnace exemption: Used oil fuel burner: Used oil processor: User oil refiner: Used oil fuel marketer to burner: Used oil Specification marketer: Used oil transfer facility: Used oil transporter: Off-site waste receiver: Unknown Unknown No No No No Unknown Unknown No No No No No No No Commercial status unknown Historical Generators: Date form received by agency: 09/01/1996 Facility name: FORD MOTOR CO Classification: Small Quantity Generator Date form received by agency: 04/07/1994 Facility name: FORD MOTOR CO Classification: Not a generator, verified Date form received by agency: 03/30/1994 Facility name: FORD MOTOR CO Site name: LORAL AERONUTRONIC ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 7 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) Classification: Large Quantity Generator Date form received by agency: 02/29/1992 Facility name: FORD MOTOR CO Site name: LORAL AERONUTRONIC Classification: Large Quantity Generator Date form received by agency: 04/02/1990 Facility name: FORD MOTOR CO Site name: FORD AEROSPACE CORPORATION Classification: Large Quantity Generator Corrective Action Summary: Event date: 01/25/1991 Event: CA029WQ Event date: 01/25/1991 Event: RFA Completed, Assessment was a PA -Plus. Event date: 01/25/1991 Event: CA049PA Event date: 01/25/1991 Event: CA074HI Event date: 01/25/1991 Event: CA Prioritization, Facility or area was assigned a high corrective Event date: action priority. Event date: 10/31/1991 Event: CA036WQ Event date: 01/01/1992 Event: RFI Imposition Event date: 02/17/1992 Event: RFI Workplan Approved Event date: 01/01/1994 Event: Stabilization Measures Implemented, Primary measure is source removal and/or treatment (e.g., soil or waste excavation, in-situ soil treatment, off-site treatment). Event date: 10/14/1994 Event: CA Prioritization, Facility or area was assigned a low corrective action priority. Event date: 10/14/1994 Event: Stabilization Measures Evaluation,This facility is not amenable to stabilization activity at the present time for reasons other than l- it appears to be technically infeasible or inappropriate (NF) or 2 - there is a lack of technical information (IN). Reasons for this conclusion may be the status of closure at the facility, the degree of risk, timing considerations, the status of corrective action work at the facility, or other administrative considerations. ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 8 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) Event date: 04/01/1995 Event: RFI Approved Event date: 02/01/1996 Event: Stabilization Measures Implemented, Groundwater extraction and expected to be under control at the facility under current and treatment (e.g., to achieve groundwater containment, to achieve MCL). Event date: 12/01/1996 Event: Stabilization Construction Completed Event date: 12/03/1997 Event: CA210WB Event date: 12/03/1997 Event: Current Human Exposures under Control, Yes, Current Human Exposures LDR - General Under Control has been verified. Based on a review of information 06/04/1993 contained in the EI determination, current human exposures are 03/28/1994 expected to be under control at the facility under current and State reasonably expected conditions. This determination will be INITIAL 3008(A) COMPLIANCE re-evaluated when the Agency/State becomes aware of significant 02/23/1994 changes at the facility. Event date: 12/03/1997 Event: Igration of Contaminated Groundwater under Control, More information State is needed to make a determination. Event date: 03/09/2001 Event: Current Human Exposures under Control, Yes, Current Human Exposures 600 Under Control has been verified. Based on a review of information contained in the EI determination, current human exposures are expected to be under control at the facility under current and reasonably expected conditions. This determination will be re-evaluated when the Agency/State becomes aware of significant changes at the facility. Event date: 03/09/2001 Event: Igration of Contaminated Groundwater under Control, More information is needed to make a determination. Facility Has Received Notices of Violations: Regulation violated: FR - 268.7 Area of violation: LDR - General Date violation determined: 06/04/1993 Date achieved compliance: 03/28/1994 Violation lead agency: State Enforcement action: INITIAL 3008(A) COMPLIANCE Enforcement action date: 02/23/1994 Enf. disposition status: Not reported Enf. disp. status date: Not reported Enforcement lead agency: State Proposed penalty amount: 2400 Final penalty amount: 600 Paid penalty amount: 600 Regulation violated: FR - 262.50-60 Area of violation: Generators - General ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 9 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: 06/04/1993 03/28/1994 State INITIAL 3008(A) COMPLIANCE 02/23/1994 Not reported Not reported State 2400 600 600 FR - 270 TSD - General 04/04/1992 07/21/1992 State INITIAL 3008(A) COMPLIANCE 06/24/1992 Not reported Not reported State 2000 2000 2000 FR - 268 ALL LDR - General 04/04/1992 07/21/1992 State INITIAL 3008(A) COMPLIANCE 06/24/1992 Not reported Not reported State 2000 2000 2000 FR - 264.70-77.E TSD - General 04/04/1992 07/21/1992 State INITIAL 3008(A) COMPLIANCE 06/24/1992 Not reported Not reported State 2000 2000 2000 FR - 262.50-60 Generators - General 10/31/1991 EDR ID Number Database(s) EPA ID Number ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 10 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: 02/19/1992 EPA Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported FR - 262.20-23.6 Generators - General 10/31/1991 02/19/1992 EPA Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported FR - 262.10-12.A Generators - General 10/31/1991 02/19/1992 EPA Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported FR - 268.7 LDR - General 10/31/1991 02/19/1992 EPA Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported FR - 268.7 LDR - General 10/03/1991 01/17/1992 EDR ID Number Database(s) EPA ID Number f[II11011FLIMU : ORPHAN DETAIL TC2282004.1s Page 11 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: EPA WRITTEN INFORMAL 12/10/1991 Not reported Not reported EPA Not reported Not reported Not reported FR - 262.10-12.A Generators - General 10/03/1991 01/17/1992 EPA WRITTEN INFORMAL 12/10/1991 Not reported Not reported EPA Not reported Not reported Not reported FR - 262.20-23.B Generators - General 10/03/1991 01/17/1992 EPA WRITTEN INFORMAL 12/10/1991 Not reported Not reported EPA Not reported Not reported Not reported FR - 262.50-60 Generators - General 10/03/1991 01/17/1992 EPA WRITTEN INFORMAL 12/10/1991 Not reported Not reported EPA Not reported Not reported Not reported F - 268.7 LDR - General 02/10/1989 12/07/1989 State EDR ID Number Database(s) EPA ID Number ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 12 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: INITIAL 3008(A) COMPLIANCE 06/26/1989 Not reported Not reported State 10000 10000 10000 F - 268 ALL LDR - General 02/10/1989 12/07/1989 State INITIAL 3008(A) COMPLIANCE 06/26/1989 Not reported Not reported State 10000 10000 10000 F -262.50-60 Generators - General 02/10/1989 12/07/1989 State INITIAL 3008(A) COMPLIANCE 06/26/1989 Not reported Not reported State 10000 10000 10000 F - 268 ALL LDR - General 12/01/1987 12/07/1989 State Not reported Not reported Not reported Not reported Not reported Not reported Not reported Not reported F - 268.7 LDR - General 12/01/1987 12/07/1989 State Not reported EDR ID Number Database(s) EPA ID Number ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 13 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Regulation violated: Area of violation: Date violation determined: Date achieved compliance: Violation lead agency: Enforcement action: Enforcement action date: Not reported Not reported Not reported Not reported Not reported Not reported Not reported FR - 262.50-60 Generators - General 10/07/1987 11/24/1987 State WRITTEN INFORMAL 11/23/1987 Not reported Not reported State Not reported Not reported Not reported FR - 262.20-23.13 Generators - General 10/07/1987 11/24/1987 State WRITTEN INFORMAL 11/23/1987 Not reported Not reported State Not reported Not reported Not reported FR - 262.50-60 Generators - General 10/07/1987 11/24/1987 State WRITTEN INFORMAL 10/07/1987 Not reported Not reported State Not reported Not reported Not reported FR - 262.20-23.13 Generators - General 10/07/1987 11/24/1987 State WRITTEN INFORMAL 10/07/1987 EDR ID Number Database(s) EPA ID Number ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 14 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) Enf. disposition status: Enf. disp. status date: Enforcement lead agency: Proposed penalty amount: Final penalty amount: Paid penalty amount: Evaluation Action Summary: Evaluation date: Evaluation: Area of violation: Date achieved compliance: Evaluation lead agency: Not reported Not reported State Not reported Not reported Not reported 04/26/1993 FINANCIAL RECORD REVIEW Not reported Not reported State Evaluation date: 04/21/1993 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: Generators - General Date achieved compliance: 03/28/1994 Evaluation lead agency: State Evaluation date: 04/21/1993 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 03/28/1994 Evaluation lead agency: State Evaluation date: 02/19/1992 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: TSD - General Date achieved compliance: 07/21/1992 Evaluation lead agency: State Evaluation date: 02/19/1992 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 07/21/1992 Evaluation lead agency: State Evaluation date: 09/26/1991 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: Generators - General Date achieved compliance: 01/17/1992 Evaluation lead agency: EPA Evaluation date: 09/26/1991 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 01/17/1992 Evaluation lead agency: EPA Evaluation date: 09/26/1991 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 02/19/1992 Evaluation lead agency: EPA EDR ID Number Database(s) EPA ID Number ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 15 DETAILED ORPHAN LISTING EDR ID Number Site Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) Evaluation date: 09/26/1991 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: Generators - General Date achieved compliance: 02/19/1992 Evaluation lead agency: EPA Evaluation date: 02/10/1989 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: Generators - General Date achieved compliance: 12/07/1989 Evaluation lead agency: State Evaluation date: 02/10/1989 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 12/07/1989 Evaluation lead agency: State Evaluation date: 02/08/1989 Evaluation: FINANCIAL RECORD REVIEW Area of violation: Not reported Date achieved compliance: Not reported Evaluation lead agency: State Evaluation date: 12/01/1987 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: LDR - General Date achieved compliance: 12/07/1989 Evaluation lead agency: State Evaluation date: 11/30/1987 Evaluation: FINANCIAL RECORD REVIEW Area of violation: Not reported Date achieved compliance: Not reported Evaluation lead agency: State Evaluation date: 10/07/1987 Evaluation: COMPLIANCE EVALUATION INSPECTION ON-SITE Area of violation: Generators - General Date achieved compliance: 11/24/1987 Evaluation lead agency: State FINDS: Other Pertinent Environmental Activity Identified at Site RCRAInfo is a national information system that supports the Resource Conservation and Recovery Act (RCRA) program through the tracking of events and activities related to facilities that generate, transport, and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA program staff to track the notification, permit, compliance, and corrective action activities required under RCRA. CORRACTS: EPA ID: CAD041330077 ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 16 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 01/01/1992 Action: CA100 - RFI Imposition NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing NAICS Code(s): Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 01/01/1994 Action: CA600SR - Stabilization Measures Implemented, Primary measure is source removal and/or treatment NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 01/25/1991 Action: CA075HI - CA Prioritization, Facility or area was assigned a high corrective action priority NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 02/01/1996 Action: CA600GW - Stabilization Measures Implemented, Groundwater extraction and treatment NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY II[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 17 DETAILED ORPHAN LISTING Site EDR ID Number Database(s) EPA ID Number LORAL AEROSPACE AERONUTRONIC (Continued) Actual Date: 03/09/2001 Action: CA725YE - Current Human Exposures Under Control, Yes, Current Human ENTIRE FACILITY Exposures Under Control has been verified NAICS Code(s): 332995 334413 334419 336414 CA750IN - Migration of Contaminated Groundwater under Control, More Other Ordnance and Accessories Manufacturing information is needed to make a determination Semiconductor and Related Device Manufacturing 332995 334413 334419 336414 Other Electronic Component Manufacturing Other Ordnance and Accessories Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 03/09/2001 Action: CA750IN - Migration of Contaminated Groundwater under Control, More NAICS Code(s): information is needed to make a determination NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Original schedule date: Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 04/01/1995 Action: CA200 - RFI Approved NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 10/14/1994 Action: CA225NR - Stabilization Measures Evaluation, This facility is, not amenable to stabilization activity at the, present time for reasons other than (1) it appears to be technically, infeasible or inappropriate (NF) or (2) there is a lack of technical, information (IN). Reasons for this conclusion may be the status of, closure at the facility, the degree of risk, timing considerations, the status of corrective action work at the facility, or other, administrative considerations NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported II[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 18 DETAILED ORPHAN LISTING Site LORAL AEROSPACE AERONUTRONIC (Continued) EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 10/14/1994 Action: CA075LO - CA Prioritization, Facility or area was assigned a low NAICS Code(s): corrective action priority NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Original schedule date: Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 12/01/1996 Action: CA650 - Stabilization Construction Completed NAICS Code(s): 332995 334413 334419 336414 NAICS Code(s): Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EDR ID Number Database(s) EPA ID Number EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 12/03/1997 Action: CA750IN - Migration of Contaminated Groundwater under Control, More information is needed to make a determination NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported EPA ID: CAD041330077 EPA Region: 09 Area Name: ENTIRE FACILITY Actual Date: 12/03/1997 Action: CA725YE - Current Human Exposures Under Control, Yes, Current Human Exposures Under Control has been verified NAICS Code(s): 332995 334413 334419 336414 Other Ordnance and Accessories Manufacturing Semiconductor and Related Device Manufacturing Other Electronic Component Manufacturing Guided Missile and Space Vehicle Manufacturing Original schedule date: Not reported Schedule end date: Not reported ii[IIIIIL'tFLIEUI: ORPHAN DETAIL TC2282004.1s Page 19 DETAILED ORPHAN LISTING EDR ID Number Site Database(s) EPA ID Number UNION OIL CO OF CALIFORNIA, UN CHMIRS S105637080 OFFSHORE SEAL BEACH EMI N/A SEAL BEACH, CA 90740 CHMIRS: OES Incident Number: 813 OES notification: Not reported OES Date: 2/15/1994 OES Time: 03:02:10 PM Incident Date: Not reported Date Completed: Not reported Property Use: Not reported Agency Id Number: Not reported Agency Incident Number: Not reported Time Notified: Not reported Time Completed: Not reported Surrounding Area: Not reported Estimated Temperature: Not reported Property Management: Not reported Special Studies 1: Not reported Special Studies 2: Not reported Special Studies 3: Not reported Special Studies 4: Not reported Special Studies 5: Not reported Special Studies 6: Not reported More Than Two Substances Involved?: Not reported Resp Agncy Personel # Of Decontaminated: Not reported Responding Agency Personel # Of Injuries: Not reported Responding Agency Personel # Of Fatalities:Not reported Others Number Of Decontaminated: Not reported Others Number Of Injuries: Not reported Others Number Of Fatalities: Not reported Vehicle Make/year: Not reported Vehicle License Number: Not reported Vehicle State: Not reported Vehicle Id Number: Not reported CA/DOT/PUC/ICC Number: Not reported Company Name: Not reported Reporting Officer Name/ID: Not reported Report Date: Not reported Comments: Not reported Facility Telephone: Not reported Waterway Involved: YES Waterway: Not reported Spill Site: Not reported Cleanup By: CLEAN COASTAL WATERS Containment: Not reported What Happened: Not reported Type: PETROLEUM Measure: Not reported Other: Not reported Date/Time: Not reported Year: 1994 Agency: UNOCAL Incident Date: 02/15/94 1445 Admin Agency: Not reported Amount: 3 GALLONS Contained: YES Site Type: Not reported ORPHAN DETAIL TC2282004.1s Page 20 DETAILED ORPHAN LISTING Site UNION OIL CO OF CALIFORNIA, UN (Continued) EDR ID Number Database(s) EPA ID Number S105637080 E Date: Not reported Substance: CRUDE OIL/ PRODUCED WATER Quantity Released: Not reported BBLS: Not reported Cups: Not reported CUFT: Not reported Gallons: Not reported Grams: Not reported Pounds: Not reported Liters: Not reported Ounces: Not reported Pints: Not reported Quarts: Not reported Sheen: Not reported Tons: Not reported Unknown: Not reported Description: WORKING ON A WELL AND PIPE WAS LISTED BEFORE IT WAS COMPLETELY DRAINED. Evacuations: NO Number of Injuries: NO Number of Fatalities: NO Description: Not reported EMI: 1996 Year: 1995 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 66846 Air District Name: SC SIC Code: 1311 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 25 Reactive Organic Gases Tons/Yr: 16 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 2 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 Part. Matter 10 Micrometers & Smllr Tons/Yr: 0 Year: 1996 Carbon Monoxide Emissions Tons/Yr: 30 Air Basin: SC Facility ID: 66846 Air District Name: SC SIC Code: 1311 Air District Name: SOUTH COAST AQMD Community Health Air Pollution Info System: Not reported Consolidated Emission Reporting Rule: Not reported Total Organic Hydrocarbon Gases Tons/Yr: 42 Reactive Organic Gases Tons/Yr: 28 Carbon Monoxide Emissions Tons/Yr: 0 NOX - Oxides of Nitrogen Tons/Yr: 1 SOX - Oxides of Sulphur Tons/Yr: 0 Particulate Matter Tons/Yr: 0 ORPHAN DETAIL TC2282004.1s Page 21 DETAILED ORPHAN LISTING EDR ID Number Site Database(s) EPA ID Number UNION OIL CO OF CALIFORNIA, UN (Continued) S105637080 Part. Matter 10 Micrometers & SmIIr Tons/Yr: 0 ORPHAN DETAIL TC2282004.1s Page 22 Parenthetical Roadway Construction Noise Model (RCNM) FHWA-HEP-05-054 (Software Version 1.00) Assumptions For: Buck Gully Canyon Project Date: October 2008 Surrounding Receptors Direction Distance (feet) Use North 140 Residential South 132 Residential East 145 Residential West 80 Residential Phase 1 - Fine Grading Equipment: Quantity Type 1 Grader Dozer Tractor Trucks Roadway Construction Noise Model (RCNM),Version 1.0 Report date 10/8/2008 Case Desc Buck Gully Canyon ---- Receptor #1 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night North Residential 1 1 1 Noise Limit Exceedance (dBA) Night Day Evening Night Lmax Leq Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A Leq Equipment Noise Limit Exceedance (dBA) Night Day Spec Actual Receptor Estimated Lmax Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Grader No 40 85 N/A 140 0 Dozer No 40 81.7 140 0 Tractor No 40 84 N/A 140 0 Pickup Truck No 40 75 140 0 N/A N/A Results N/A N/A N/A Calculated (dBA) Noise Limits (dBA) Day Evening Equipment `Lmax Leq Lmax Leq Lmax Leq Grader 76.1 72.1 N/A N/A N/A N/A Dozer 72.7 68.7 N/A N/A N/A N/A Tractor 75.1 71.1 N/A N/A N/A N/A Pickup Truck 66.1 62.1 N/A N/A N/A N/A Total 76.1 75.8 N/A N/A N/A N/A "Calculated Lmax is the Loudest value. ---- Receptor #2 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night South Residential 1 1 1 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Grader No 40 85 132 0 Dozer No 40 81.7 132 0 Tractor No 40 84 132 0 Pickup Truck No 40 75 132 0 Results Calculated (dBA) Noise Limits (dBA) Day Evening Equipment `Lmax Leq Lmax Leq Lmax Leq Noise Limit Exceedance (dBA) Night Day Evening Night Lmax Leq Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A Leq Noise Limit Exceedance (dBA) Night Day Evening Night Lmax Leq Lmax Leq Lmax Leq Lmax N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Noise Limit Exceedance (dBA) Night Day Evening Night Lmax Leq Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A Leq Grader 76.6 72.6 N/A N/A N/A N/A Dozer 73.2 69.3 N/A N/A N/A N/A Tractor 75.6 71.6 N/A N/A N/A N/A Pickup Truck 66.6 62.6 N/A N/A N/A N/A Total 76.6 76.3 N/A N/A N/A N/A N/A `Calculated Lmax is the Loudest value. N/A N/A N/A N/A N/A ---- Receptor #3 ---- N/A N/A N/A Baselines (dBA) N/A N/A N/A N/A Descriptior Land Use Daytime Evening Night N/A N/A N/A East Residential 1 1 1 N/A N/A N/A N/A N/A Equipment N/A Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Grader No 40 85 145 0 Dozer No 40 81.7 145 0 Tractor No 40 84 145 0 Pickup Truck No 40 75 145 0 Results Calculated (dBA) Noise Limits (dBA) Day Evening Equipment `Lmax Leq Lmax Leq Lmax Leq Grader 75.8 71.8 N/A N/A N/A N/A Dozer 72.4 68.4 N/A N/A N/A N/A Tractor 74.8 70.8 N/A N/A N/A N/A Pickup Truck 65.8 61.8 N/A N/A N/A N/A Total 75.8 75.5 N/A N/A N/A N/A "Calculated Lmax is the Loudest value. ---- Receptor #4 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night West Residential 1 1 1 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Grader No 40 85 80 0 Dozer No 40 81.7 80 0 Tractor No 40 84 80 0 Pickup Truck No 40 75 80 0 Results Calculated (dBA) Noise Limits (dBA) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Noise Limit Exceedance (dBA) Noise Limit Exceedance (dBA) Night Day Evening Night Lmax Leq Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment 'Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Grader 80.9 76.9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Dozer 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Tractor 79.9 75.9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Pickup Truck 70.9 66.9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 80.9 80.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A `Calculated Lmax is the Loudest value. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 1X1 2 5 2M Agenda Item No. 9 January 25, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: BUCK GULLY RESTORATION PROJECT— CONTRACT NO. 3780 ADOPTION OF THE MITIGATED NEGATIVE DECLARATION ISSUE As part of the Buck Gully Restoration Project, the City is required to obtain environmental clearance pursuant to the California Environmental Quality Act (CEQA) guidelines. A Mitigated Negative Declaration (MND) was prepared, circulated for review, and is now ready for adoption. RECOMMENDATION Staff recommends that the City Council adopt a resolution (Attachment 1) approving the Buck Gully Restoration Project Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (MMRP) on the basis of the entire environmental review record. DISCUSSION As part of the City's proactive approach in addressing canyon stabilization concerns in Lower Buck Gully, the project proposes installing stepped - gabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, particularly along the base of the canyon slopes to reduce the potential of slope erosion or failure, which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. ENVIRONMENTAL REVIEW RBF Consulting prepared a Mitigated Negative Declaration for the Buck Gully Restoration Project. California State Law requires an environmental review for all Buck Gully Restoration Project —A, ,Aon of Mitigated Negative Declaration January 25, 2011 Page 2 pendtng•'-p-rojects that have the potential to result in any significant adverse effects on j.-the!6 nvironment that could occur if a project is implemented. Based on an Initial Study, City staff has concluded that, with mitigation, the Buck Gully Restoration Project will not have a significant effect on the environment. The MND does not identify any component of the project that would result in a "potentially significant impact" on the environment per CEQA guidelines. However, the document does identify components of the project that would result in effects that are "less than significant with mitigation incorporated" as a result of construction of the project. The document recommends the adoption of 12 mitigation measures to mitigate the effects to a point where no significant effects would occur. These mitigation measures are identified in the MMRP, which is attached to this report The MND was made available for public review for a 30 -day comment period from October 19, 2010 to November 17, 2010. Comments were received from the following four parties: 1. California Cultural Resource Preservation Alliance, Inc. commented on the potential of buried cultural resource disturbance. 2. Department of Transportation, District 12 reminded the City of obtaining an encroachment permit in the event of any activity within Caltrans' right -of -way. 3. Southern California Gas Company noted existing gas facilities within the project vicinity. 4. The Department of Toxic Substances Control expressed concerns about on -site hazardous materials. The MND states there are no known hazardous materials within the Project Area and the Project would not involve the transport, use, or disposal of any hazardous materials. All comments have been addressed and the responses have been attached to this report. A copy of the MND is available at the City Clerks' Office and City website for public reference. With approval by City Council of the MND, staff will file a Notice of Determination with the County Clerk as required by Section 15075 of the California Environmental Quality Act. PUBLIC NOTICE Notice of this item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. The environmental assessment process has also been noticed consistent with the California Environmental Quality Act, The Notice of Intent (NOI) to adopt the MIND was advertised with the Daily Pilot on October 22, 2010, and was also posted at the project site. FUNDING AVAILABILITY Not applicable. Prepared by: Ir' ee Senior Civil Engineer Attachments: Buck Gully Restoration Project - Adoption of Mitigated Negative Declaration January 25. 2011 Page 3 Submitted by: z.aepn (3 aaum Publid VV46rks Director 1. Resolution with Mitigation Monitoring and Reporting Program 2. Posted MND Notice 3. Project Location Map 4. Comment Letters and Responses RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE BUCK GULLY RESTORATION PROJECT WHEREAS, an Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; and WHEREAS, the draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on October 19, 2010 and ending November 17, 2010. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project; and WHEREAS, on the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level; and RESOLVED, that the City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project, with mitigation measures, will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached as Exhibit A. The document and all material, which constitutes the record upon which this decision was based, are on file with the Public Works Department, 3300 Newport Boulevard, Newport Beach, California. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY, 2011. Michael F. Henn Mayor ATTEST: Leilani I. Brown City Clerk 2gwaoR> 04, � ::..© City of Newport Beach _i,r'�i.(d��' y Buck Gully Restoration Project u';,;2;2.= EXHIBIT A Initial Study /Mitigated Negative Declaration C�4 co a��t 3c0 YVryppY�p[ppOyIAIp1 O LNIf1p{'�1I ,nNII1g®��11Np YV Y,�p®gy NO ORONG AND REPOWUTEIIV'G ON tl RODUC 11 ION CEQA requires that when a public agency completes an environmental document, which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached Section 4.0, Mitigation Monitoring and Reporting Checklist, has been prepared for the Buck Gully Restoration Project. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Buck Gully Project file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Buck Gully Restoration Project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached Mitigation Monitoring and Reporting Program Checklist. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: The City distributes reporting forms to the appropriate entities for verification of compliance. Depart ments /agencies with reporting responsibilities will review the Initial Study, which provides general background information on the reasons for including specified mitigation measures. Problems or exceptions to compliance will be addressed to the City as appropriate. Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. A 10- 104465 16 Mitigation Monitoring and Reporting Program EXHIBIT A C9(IFOA�°�r City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. Appropriate mitigation measures will be included in construction documents and /or conditions of permits /approvals. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and /or modification, substitution, or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. JN 10- 104465 V Mitigation Monitoring and Reporting Program a EXHIBIT A City of Newport Beach Suck Gully Restoration Project. Initial Study /Mitigated Negative Declaration � . ?�) I',' I Y u 'f t ; la T h C�) u� I'� 1 fi) '�'� G � tit � E P�? Q ; /�1 P,� 1�1 1 Z V_ �' OO f':1 1 6d "'t! L � t✓ �i � � P�. L , [ �; � Mitigation Number Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action 9ndicating VERIFICATION OF COMPLIANCE Compliance Initials Date Remarks AIR QUALITY AQ1 During clearing, grading, earth moving, or Pre - Construction/ City of Newport City of Newport Approval of excavation operations, excessive fugitive dust Ongoing During Beach Public Beach Public Plans /Field emissions shall be controlled by regular water or Construction Works Works Verification other dust preventive measures using the Department Department following procedures, as specified in SCAQMD Rule 403: • Water material excavated or graded sufficiently to prevent excessive amounts of dust. Water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. • Indicate these control techniques in project specifications. Compliance with the measure will be subject to periodic site inspections by the City. • Prevent visible dust from the project from emanating beyond the property line, to the maximum extent feasible. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with the requirements of California Vehicle Code CVC Section 23114 freeboard means JN 10- 104465 18 Mitigation Monitoring and Reporting Program ?�W4e F, City of Newport Beach Buck Gully Restoration Project t'> n EXHIBIT A Initial Study /Mitigated Negative Declaration G <iF00.� A 10.104465 19 Mitigation Monitoring and Reporting Program Mitigation Mitjgatiori'Measure Monitoring I Enforcement Monitoring Action Indicating VERIFICATION OF COMPLIANCE Number Phase Agency Agency Compliance Initials Date Remarks vertical space between the top of the load and top of the trailer). Trucks transporting soil, sand, cut or fill materials, and /or construction debris to or from the site shall be tarped from the point of origin. AQ2 Project grading plans shall show the duration of Pre - Construction/ City of Newport City of Newport Approval of construction. Ozone precursor emissions from Ongoing During Beach Public Beach Public Plans /Field construction equipment vehicles shall be Construction Works Works Verification controlled by maintaining equipment engines in Department Department good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure shall be subject to periodic inspections' of construction equipment vehicles by the City. BIOLOGICAL RESOURCES BI01 Vegetation clearing shall be restricted to outside Pre- Construction/ City of Newport City of Newport Completion of the peak nesting raptor season (February 1 — Ongoing During Beach Public Beach Public Survey/ Submittal of June 30). If vegetation clearing occurs between Construction Works Works Survey Results to February 1 and June 30, a Biological Monitor Department/ Department City and CDFG shall conduct a pre - construction nesting raptor CDFG survey to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified biologist. 8102 The City of Newport Beach shall obtain all Pre - Construction/ City of Newport City of Newport Acquisition of appropriate permits for impacts to project areas Post - Construction Beach Public Beach Public Regulatory containing USACE and CDFG jurisdictional Works Works Approvals /Submittal resources, including a Coastal Development Department/ Department/ of Restoration Plan Permit (CDP) from the California Coastal USACE/CDFG/ USACE/CDFG/ to USACE/ Commission (CCC). Restoration activities would RWQCB /CCC RWQCB /CCC CDFG / RWQCB mitigate project impacts; therefore, mitigation /CCC would be at no less than a 1:1 ratio. A 10.104465 19 Mitigation Monitoring and Reporting Program ?EW �Rr U \fin r2 <�f00.0. EXHIBIT A _ City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Number Mitigation Measure: f Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance VERIFICATION OF COMPLIANCE Initials Date Remarks Prior to the initiation of any construction- related activities, the City shall submit a detailed restoration program and restoration site plans for USACE, CDFG, and CCC approval. The Restoration Program shall contain the following items: • Responsibilities and qualifications of . the personnel to implement and supervise the plan. The responsibilities of the City, Specialists, and Maintenance Personnel that would supervise and implement the plan shall be specified. • Site preparation and planting implementation. Site preparation shall include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation (if required); (6) erosion- control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. • Schedule. A schedule shall be developed which includes planting in late fall and early winter, between October 1 and January 30. • Maintenance plan /guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal; 4 irrigation system maintenance JN 10- 104465 20 Mitigation Monitoring and Reporting Program ?EW �Rr e �� UII. � /S 9G /FOAT EXHIBIT A City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Mitigation Medsure Monitoring Enforcement I Monitoring Action Indicating VERIFICATION OF COMPLIANCE Number Phase Agency Agency Compliance Initials. Date Remarks (if required); (5) maintenance training; and (6) replacement planting. • Monitoring Plan. The Monitoring Plan shall include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transacts); (3) performance criteria, as approved by the above - listed resource agencies; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, which shall be submitted to the resource agencies on a yearly basis, for five years. The City shall monitor and maintain the project site for five years to ensure successful establishment of riparian habitat within the restored and created areas. • Long -term preservation. Long -term preservation of the site shall also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. CULTURAL RESOURCES CR1 If during ground disturbance, potentially Pre- Construction/ City of Newport City of Newport Approval of significant archaeological evidence (i.e., stone Ongoing During Beach Public Beach Public Plans /Field artifacts, dark ashy soils, burned rocks, old Construction Works Works Verification glass, metal, .ceramic artifacts) becomes Department Department apparent, work in that location shall be stopped; if not present, a qualified archaeologist (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource JN 10.104465 21 Mitigation Monitoring and Reportinq Program (9) EXHIBIT A City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Mitigation Measure Monitoring Enforcement Monitoring Action Indicating VERIFICATION OF COMPLIANCE Number Phase: Agency Agency I Compliance Initials Date Remarks 1 shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and will be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those im acts to less than significant. CR2 If human remains are discovered, the County Pre - Construction/ City of Newport City of Newport Approval of Coroner's office shall be notified immediately Ongoing During Beach Public Beach Public Plans /Field under state law (California Health and Safety Construction Works Works Verification Code § 7050.5), and all activities in the Department Department immediate area of the find shall cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner shall contact the Native American Heritage Commission (NAHC). The NAHC shall designate a Most Likely Descendent who shall make recommendations concerning the disposition of the remains in consultation with the lead agency and project archaeologist. CR3 If; during ground disturbance, potentially Pre - Construction/ City of Newport City of Newport Approval of significant paleontological evidence becomes Ongoing During Beach Public Beach Public Plans /Field apparent, work in that location shall be stopped, Construction Works Works Verification if not present, a qualified paleontologist Department Department (approved by the City) shall be notified immediately to evaluate the find. According to CEQA criteria, the importance of the resource shall be determined through evaluation. Should evaluation conclude that important cultural resources exist and would be negatively impacted by project construction, recommendations shall present further mitigation measures necessary to lessen those impacts to less thansi nificant. JN 10- 104465 22 Mitigation Monitoring and Reporting Program EXHIBIT A City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Mitigation Measure Monitoring Enforcement Monitoring Action Indicating VERIFICATION OF COMPLIANCE Number Phase Agency Agency Compliance Initials Date Remarks CR4 Due to the undeveloped nature of the canyon Ongoing During City of Newport City of Newport Approval of floor, an on -call qualified archaeologist monitor Construction Beach Public Beach Public Plans /Field shall be retained and City staff will be present Works Works Verification Burin excavation activities. Department Department HAZARDS AND HAZARDOUS MATERIALS HAZt During construction, if the contractor discovers During City of Newport City of Newport Approval of unknown wastes or suspect materials that Construction Beach Public Beach Public Plans /Field he /she believes may be hazardous, the Works Works Verification contractor shall: Department Department • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify, the Project Engineer of the implementing agency; • Secure the areas as directed by the Project Engineer; and • Notify the implementing agency's hazardous and waste /materials coordinator. NOISE N1 Construction activities, including equipment During City of Newport City of Newport Approval of startup, shall be limited to 7:00 A.M. to 6:30 P.M. Construction Beach Public Beach Public Plans /Field Monday through Friday and 8:00 A.M. to 6:00 Works Works Verification P.M. on Saturday; no construction will occur on Department Department an Sunda or fed eralholiday. N2 Prior to grading operations, the project shall Pre - Construction/ City of Newport City of Newport Approval of demonstrate, to the satisfaction of the City of Ongoing During Beach Public Beach Public Plans /Field Newport Beach Planning Department, that the Construction Works Works Verification project complies with the following: Department Department All construction equipment, fixed or mobile, shall be equipped with properly operating JN 10- 104465 23 Mitigation Monitoring and Reporting Program EXHIBIT A C7[,FOPN�t City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Mitigation Measure Monitoring Enforcement Monitoring Action Indicating VERIFICATION OF COMPLIANCE Number Phase Agency Agency Compliance Initials Date Remarks and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment and maximizing the distance between construction equipment staging areas and occupied residential areas /sensitive biological habitat shall be implemented. • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • A project sign shall be clearly posted at the primary construction entrance, as an information resource for surrounding property owners and residents. The sign shall include the following minimum project information: project name, general contractor, normal construction hours, normal workdays, and local telephone number of the Job Superintendent. If the City or the Job Superintendent receives a complaint, the Superintendent shall investigate, take appropriate corrective action, and report the action taken to the City. TRANSPORTATION / TRAFFIC TRF1 Short-term mitigation to roadway use shall be Pre - Construction/ City of Newport City of Newport Approval of TMP/ mitigated by a Traffic Management Plan (TMP) Ongoing During Beach Public Beach Public Field Verification to be established by the City prior to construction Construction Works Works of any improvements. This TMP shall consist of Department Department prior notices, adequate sign - posting, detours, phased construction, and temporary driveways where necessary. The TMP shall specify JN 10- 104465 24 Mitigation Monitoring and Reporting Program •'EW-P�Rr o/" o �4F P��r EXHIBIT A City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mitigation Number Mitigation Measure Monitoring Phase Enforcement Agency Monitoring Agency Action Indicating Compliance VERIFICATION OF COMPLIANCE Initials Date Remarks implementation timing of each plan element (prior notices, sign - posting, detours, etc.) as determined appropriate by the City Engineer. Prior detours and warning signs shall be established to ensure public safely. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall oceed in a timel manner to reduce impacts. JN 10.104465 25 Mitigation Monitoring and Reporting Program Notice of Intent to Adopt Mitigated Negative Declaration for the Buck Gully Restoration Project (Newport Beach) Notice is hereby given that the City of Newport Beach has completed an Initial Study for the Buck Gully Restoration Project. The area of the proposed restoration would occur within lower Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH) in Newport Beach. The goal of the Buck Gully Restoration project is to provide an engineered solution to stabilize the bed gradient of the lower Buck Gully downstream of ECH to reduce the potential of gradual erosion or catastrophic failure of the adjacent canyon slopes which support properties on the rim of the canyon. The project proposes installing stepped - gabion (wire -mesh baskets filled with river rock) grade control structures with subsurface flow wetlands in the lower reach of Buck Creek and bend -way weirs along the upper bend of the creek. The gabion and weir structures would limit stream bed erosion during flood events, particularly along the base of the canyon slopes to reduce the potential of slope erosion or failure which in turn could lead to damage of existing residential structures located at the top of these slopes. The subsurface wetlands would improve water quality by a combination of physical, chemical, and biological processes. After construction, disturbed areas would be revegetated with a native plant palette. Contractor access to the project site would be provided by the existing public beach access road (Glen Drive) at the corner of Ocean Boulevard and Poppy Avenue. Construction traffic would access the project site from Marguerite Avenue to Ocean Boulevard only; no other streets would be utilized. The access road would remain open for public use during construction. On the basis of the Initial Study, City staff has concluded that the project would not have a significant impact on the environment and has therefore recommended adoption of a Mitigated Negative Declaration (MIND). The MND reflects the independent judgment of City staff and recognizes project design features, previous environmental and planning evaluations and recommendations, and standard construction and engineering practices as contributing to avoidance of potential impacts. The project site does not include any sites on an Environmental Protection Agency hazardous waste site list complied pursuant to Government Code Section 65962.5. The MND is available for a 30 -day public review period beginning October 19, 2010 and ending November 18, 2010. Copies of the document are available for review at the Newport Beach Public Works Department, located at 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The document can also be accessed online at: http:// www .newportbeachca.gov /index.aspx ?page =1347. Any written comments on the proposed project should be sent to the attention of Robert Stein at the address listed above and must be received no later than November 18, 2010 at 5:00 p.m. The City Council of Newport Beach is tentatively scheduled to consider this item at a regular meeting to be held on January 11, 2011, at the City of Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663. For additional information, please contact Robert Stein, Assistant City Engineer, at (949) 644 -3322 or at rstein(cDnewportbeachca.gov. Project Site 9 t `, ..,y Uskt' PROUCB LOCATION MAP BUCK GULLY RESTORATION PROJECT, C -3780 ADOPTION OF MITIGATED NEGATIVE DECLARATION CITY OF NEWPORT REACH City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration The Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (see Public Resources Code Sections 21000- 21177), as well as the State CEQA Guidelines (see Title 14 of the California Code of Regulations. Sections 15063). The IS /MND was made available for public review and comment pursuant to State CEQA Guidelines Section 15070. The public review period commenced on October 19, 2010, and concluded on November 18, 2010. The IS /MND and supporting attachments were available for review by the general public at the following locations: Newport Beach Public Works Department, located at 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 G Online at the City Website: http:// www .newportbeachca.gov /index.aspx ?page =1347. JN 10- 104465 1 Introduction (9) City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration During the public review period, comments were received on the IS /MND from certain interested public agencies and private parties. The following is a list of the persons, firms, or agencies that submitted comments on the IS /MND during the public review period: Comment Letter Letter Letter Person, Firm, or Agency Dated Received No. 1 Mike Hamel, Technical Supervisor, Southern California Gas October 22, 2010 October 22, 2010 Company, Orange Coast Region - Anaheim 2 Greg 'Holmes, Unit Chief, Brownfields and Environmental November 8, 2010 November 8, 2010 Restoration Program, Department of Toxic Substances Control 3 Patricia Martz, President, California Cultural Resource November 10, 2010 November 10, 2010 Preservation Alliance, Inc. 4 Chris Herre, Branch Chief, California Department of November 10, 2010 November 10, 2010 Transportation, District 12, Regional Planning Although the State CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received, as contrasted with a Draft Environmental Impact Report (see State CEQA Guidelines Section 15088), the City has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter. JN 10.104465 2 Response to Comments �EwrpR> O: m �i "�•1111 Ia C'el1cORN�r City of Newport Beach Buck Gully Restoration Project. Initial Study /Mitigated Negative Declaration SCG LETTER 1 - PAGE 1 of 1 1919 S. state eonege 31vd. Anaheim, CA 92a06 6110 Southern Celifomio Gas Campany A WSempra Energy utlihy` October 22, 2010 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Attention: Robert Stein Subject: Negative Declaration for Buck Gully Restoration Project (Newport Beach) This letter is not to be interpreted as a contractual commitment to serve the proposed project but only as an information service. Its intent is to notify you that the Southern California Gas. Company has facilities in the area where the above oamed project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Information regarding construction particulars and any costs associated with initiating service may be obtained by contacting the Planning Associate for your area,. Dave Baldwin at (714) 634 -3267. Sincerely, Mike Harriel Technical Supervisor Orange Coast Region- Anaheim mmI milnq&d.. JN 10- 104465 3 Response to Comments ?F'W PpRr h n C"�Gic00.N�P RESPONSE TO COMMENT LETTER NO. 1 Mr. Mike Harriel, Technical Supervisor Southern California Gas Company October 22, 2010 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 1.1 This comment indicates that the Southern California Gas Company has facilities in the project vicinity and that the facilities can be altered or abandoned without any significant impact on the environment. The comment does not provide specific comments regarding information presented in the IS /MND and no further response is necessary. A 10- 104465 4 Response. to Comments QF 2EW PART W DTSC LETTER 2 - PAGE 1 of 5 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration Mr. Robert Stein, Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE BUCK GULLY RESTORATION PROJECT (SCH #2010101060), ORANGE COUNTY Dear Mr. Stein: The Department of Toxic Substances Control (DTSC) has received your submitted draft Initial Study (IS) and purposed draft Mitigated Negative ' Declaration (MIND) for the above - mentioned project. The following project description is stated in your document: "The proposed Buck Gully Restoration Project (project) is located within the City of Newport Beach (City), County of Orange (County), State of California (State). The proposed Buck Gully Restoration Project is a proactive project that the City of Newport Beach has elected to implement to protect the health of the canyon. Buck Gully consists of a natural stream draining a watershed of approximately two square miles. The specific measures to be used include (1) bend -way weirs along the upper Buck Gully to train the stream Flows away from the toe of the slope, and (2) stepped - gabion grade control structures in the lower reach to safely convey flood flows through.this reach of the canyon. The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH). The surrounding land uses consist of single - family residential uses to the east and west, the Pacific Ocean to the south, and ECH to the north. The residential street to the west of the project site is Hazel Drive and to the east is Evening Canyon Road. Pursuant to the City of Newport Beach Zoning Code, the proposed project is within areas designated Single - Family Residential (R -1) and Residential Combining District (R- 1 -B) ". 9 Primed on Recyclod Paper Arnotd 9rhwa.—.enegger Gwe., JN 10- 104465 5 Response to Comments Department of Toxic Substances Control Maziar Movassaghi A[Ong Director Lan da'a. Atlamt 5796 Corporate Avenue 5_aeWry for Environmental Protection Cypress. Califomia 90630 November 8, 2010 Mr. Robert Stein, Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE BUCK GULLY RESTORATION PROJECT (SCH #2010101060), ORANGE COUNTY Dear Mr. Stein: The Department of Toxic Substances Control (DTSC) has received your submitted draft Initial Study (IS) and purposed draft Mitigated Negative ' Declaration (MIND) for the above - mentioned project. The following project description is stated in your document: "The proposed Buck Gully Restoration Project (project) is located within the City of Newport Beach (City), County of Orange (County), State of California (State). The proposed Buck Gully Restoration Project is a proactive project that the City of Newport Beach has elected to implement to protect the health of the canyon. Buck Gully consists of a natural stream draining a watershed of approximately two square miles. The specific measures to be used include (1) bend -way weirs along the upper Buck Gully to train the stream Flows away from the toe of the slope, and (2) stepped - gabion grade control structures in the lower reach to safely convey flood flows through.this reach of the canyon. The project site is located within Buck Gully, upstream of the Pacific Ocean and south of East Coast Highway (ECH). The surrounding land uses consist of single - family residential uses to the east and west, the Pacific Ocean to the south, and ECH to the north. The residential street to the west of the project site is Hazel Drive and to the east is Evening Canyon Road. Pursuant to the City of Newport Beach Zoning Code, the proposed project is within areas designated Single - Family Residential (R -1) and Residential Combining District (R- 1 -B) ". 9 Primed on Recyclod Paper Arnotd 9rhwa.—.enegger Gwe., JN 10- 104465 5 Response to Comments � City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration DTSC LETTER 2 - PAGE 2 of 5 Mr. Robert Stein November 8, 2010 Page 2 Based on the review of the submitted document DTSC has the following comments: 1) The MIND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • Envirostor (formerly CalSites): A Database primarily used by the California Department of Toxic Substances Control, accessible through DTSC's website (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. GeoTracker: A List that is maintained by Regional Water Quality Control Boards. Local Counties and Cities' maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017,(213) 452 -3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) The MND should identify the mechanism to initiate any required investigation and /or remediation for any site within the proposed Project area that may be contaminated, and the government agency to provide JN 10- 104465 6 Response to Comments u City of Newport Beach Buck Gully Restoration Project Initial StudylMitigated Negative Declaration DTSC LETTER 2 - PAGE 3 of 5 Mr. Robert Stein November 8; 2010 Page 3 appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. 3) Any environmental investigations, sampling and /or remediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances were found above regulatory standards should be clearly summarized in a table. All closure, certification or remediation approval reports by regulatory agencies should be included in the MND. 4) If buildings, other structures, asphalt or concrete -paved surface areas are being planned to be demolished, an investigation should also be conducted for the presence of other hazardous chemicals, mercury, and asbestos containing materials (AGMs). If other hazardous chemicals, lead -based paints (LPB) or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 5) Future project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to Import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 6) Human health and the environment of sensitive receptors should be protected during any construction or demolition activities. If necessary, health risk assessment overseen and approved by the appropriate government agency should be conducted by a qualified health risk assessor to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. ' 7) If the site was used for agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and JN 10.104465 7 Response to Comments p �EWPpR i e C94pORN P City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration DTSC LETTER 2 — PAGE 4 of 5 Mr. Robert Stein November 8, .2010 Page 4 remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618 -6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 9) DTSC can provide cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information on the EOA or VCA, please see www.dtsc.ca.gov /SiteCleanup /Brownfields, or contact Ms. Maryam, Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484- 5489. If you have any questions regarding this letter, please contact Rafiq Ahmed, Project Manager, at rahmed(cDdtsc.ca.00v, or by phone at (714) 4845491. Sincere) Greg Holmes Unit Chief Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812 -3044 state.clearinghousea,6pr. ca.goy. JN 10- 104405 8 Response to Comments (9) City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration DTSC LETTER 2 - PAGE 5 of 5 Mr. Robert Stein November 8, 2010 Page 5 CC' CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 ADelacrl(trdtsc.ca.gov CEQA # 3051 JN 10- 104465 9 Response to Comments aEW PART D C92,cOR�`P RESPONSE TO COMMENT LETTER NO. 2 Mr. Greg Holmes, Unit Chief Brownfields and Environmental Restoration Program Department of Toxic Substances Control November 8, 2010 2.1 This comment introduces the project description. City of Newport Beach Buck Gully Restoration Project Initial StudylMitigated Negative Declaration 2.2 This comment states that the MND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. As stated in Section 4.8, Hazards and Hazardous Materials, the project site consists of a natural canyon and perennial stream. It is not anticipated that environmental conditions or hazardous materials exist within the canyon. Environmental Data Resources, Inc. conducted a records search of regulatory databases for the project site and properties within a quarter -mile radius to determine whether regulatory sites or hazardous wastes had been reported within or near the project site. The EDR records search included a search of federal, state, and local agency environmental records, and a search for information about the physical setting of the project site and its surroundings. An environmental condition within the boundaries of the project site because of surrounding regulated properties is considered to be low due to the properties distance from the project site and /or regulatory status. 2.3 This comment states that the MND should identify the mechanism to initiate any required investigation and /or remediation for any site within the project area that may be contaminated. Based on the database search discussed in Response 2.2 and multiple field visits, no further investigation or remediation is warranted. In the unlikely event that hazardous materials are encountered during construction, Mitigation Measure HAZ1 shall be implemented to reduce impacts to a less than significant level. 2.4 This comment discusses activities that are required should sampling and/or remediation be required. Refer to Response 2.3, above. 2.5 This comment discusses measures that are required for the demolition of structures, asphalt or concrete -paved surfaces. No demolition of structures, asphalt or concrete - paved surfaces is proposed with the proposed project. 2.6 This comment states sampling may be required. Refer to Response 2.3, above. 2.7 This comment states that human health and the environment of sensitive receptors should be protected during any construction or demolition activities. In the unlikely event that hazardous materials are encountered during construction, Mitigation Measure HAZ1 shall be implemented to reduce impacts to a less than significant level. 2.8 This comment discusses issues relevant to agricultural, livestock and related land uses. The project site is situated in a natural canyon; no agricultural, livestock or related land uses are present within the boundaries of the project site. JN 10.104465 10 Response to Comments �EwapRr C"`yyw'`P 9C���pN City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 2.9 This comment states the processes to follow should hazardous materials be found onsite. As mentioned in Section 4.8, Hazards and Hazardous Materials, City regulations include a Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Chapter 9.04 of the City's Municipal Code, and implementation of the California Accidental Release Prevention Program. Elements of these programs include spill mitigation and containment and securing of hazardous materials containers to prevent spills. Compliance with these requirements is mandatory as standard permitting conditions and would minimize the potential for the accidental release or upset of hazardous materials, helping to ensure public safety. 2.10 This comment states that DTSC can provide cleanup oversight and can provide additional information with respect to cleanup programs. The comment does not provide specific comments regarding information presented in the IS /MND and no further response is necessary. JN 10.104465 11 Response to Comments e h' <-3 CCRPA LETTER 3 - PAGE 1 of 1 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration CA California Cultural Resource Preservation Alliance, inc. P.O. Box 54132 An alliance of American Indian and scientific communities working for Irvine, CA 92619 4r32 the preservation of archaeological sites and other cultural resources. November 10, 2010 Mr.. Robert Stein, Assistant City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Stein: Thank you for the opportunity to review the Initial Study and Mitigated Negative Declaration for the Buck Gully Restoration Project. As stated in section 4.5 Cultural Resources, "Over 50 archaeological sites have been documented within the City." "...at least two distinct cultural groups inhabited the City of Newport Beach, and later period sites indicate that the City was heavily populated at the time of European contact." Previous studies of settlement patterns in coastal southern California indicate that village sites were usually located along a stream or canyon and in particular, at the mouth of the stream or canyon where it empties into the ocean (Moreno, Michael California Archaeology 1984), therefore there is a high potential that buried cultural resources may be present within the proposed project and directly impacted by ground disturbing construction activity. Given the potential for the presence of significant archaeological resources, mitigation measures CR l and CR 2 that rely on construction personnel to recognize "potentially significant archaeological evidence" are not adequate to ensure that buried cultural resources are discovered and there is the opportunity for further mitigation measures to lessen the impacts. Construction personnel are not trained or qualified to make this determination. We strongly recommend that the mitigation measures include provisions for professional archaeological and Native American monitoring. In the interest of cultural resources preservation, we sincerely hope that our comments will be considered and that adequate mitigation measures pertaining to cultural resources will be included in a revision of the Mitigated Negative Declaration. If the California Cultural Resources Alliance may be of assistance and if you have questions regarding our comments, please call me at (949) 559 -6490, or email pmwl z@ealstatela.edu. With concern for the preservation of cultural resources, Patricia Martz, Ph.D.. President JN 10- 104465 12 Response to Comments e iJl4� S C�4 cO RN`r City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated. Negative Declaration RESPONSE TO COMMENT LETTER NO. 3 Ms. Patricia Martz, President California Cultural Resource Preservation Alliance, Inc. February 25, 2010 3.1 This comment recommends that existing mitigation measures include provisions for professional archaeological and Native American Monitoring. Due to significant sedimentation within the canyon, excavation activities would be limited within native soils. However, due to the undeveloped nature of the canyon floor, an on -call qualified archaeologist monitor shall be retained and City staff will be present during excavation activities. This measure will be documented as CR4 and will be incorporated into the Mitigation and Monitoring Table as part of the Final IS /MND. A 10- 104465 13 Response to Comments �eW PpRT V -` I �C9 <,c00.N P CALTANS LETTER 4 - PAGE 1 of 1 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration c ni_ Ff RLIflIaT:A -91% MESS TkWS QRTM ION -NJ) 1 n Mnll) KWIARMINEGGER DEPARTMENT OF TRANSPORTATION U¢Inr 12 7737111.613 Onvz, 5unl 380 Irvsoc, CA 9261? -SSW Tel.(9491 724.2367 Fie; ) o—ymsrc' Fvx: (949) 724.2592 Be mo�'r/fnc• „p November 10, 2010 Robert Stein File: IGR/CEQA City of Newport Beach SCHIl: 2010101060 3300 Newport Boulevard Log k: 2620 Ncwpon Beach, CA 92658 SR -I Subject: Buck Cull.), Restoration Project Dear Mr. Stein, Thank you for the opportunity to review and comment on the Negative Declaration for the Buck Gully Restoration Project. The project proposes installing stepped- gabion grade control structures with subsurface flow wetlands in the lower reach of Buck Crock and bend -way weirs along the upper bend of the creek. The nearest State route to the project site is SR -l. The California Department of Transportation (Depalau7ent), District 12 is a conunenting agency on this project and we have no comment at this time, However, in the event of any activity willrin the Department's right -of -way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949) 440 -3487. tn, Helre, Branch Chief Local Devclopn7ent/Intergovenmaental Review C: Terry Roberts, Office of Planning and Research "lnlnxm iwy,ncn mobtliq nuvss Cnlifurnin” JN 10- 104465 14 Response to Comments ' RESPONSE TO COMMENT LETTER NO. 4 Mr. Chris Herre, Branch Chief California Department of Transportation November 10, 2010 City of Newport Beach Buck Gully Restoration Project Initial Study /Mitigated Negative Declaration 4.1 This comment indicates that the California Department of Transportation is a commenting agency and has no comments at this time. The comment does not provide specific comments regarding information presented in the ISIMND and no further response is necessary. A 10- 104465 15 Response to Comments