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HomeMy WebLinkAboutPA2008-040_COASTAL RESOURCES MANAGEMENT1111111111111111111111111111111111111111111111 *NEW FILE* PA2008-040 Coastal Resources Management RECEIVED BY PiL 14NING DEPARTMENT MARINE BIOLOGICAL IMPACTASSESSMENT OCT 1 2008 MARINA PARKPROJECT NEWPORTBEACH, CALIFORNIA CITY OF NEWPORT BEACH u 'oM#,'w: .N'#.^tMiy�._ r ::C.•nrrvY`L".:�wr...'"^-:yrr.r.�ra-h.�..--- .. .. T_.---•- -� 4vCI'�.Tni yam' - Y v 'ylgs.� .::5.,•gyy, "'k:+ ...^ " -•�f � o -tom•— i.1w .r �..'Mi*� • « . a_ � � .Y �- §�. t:' .. ♦;fir' „ �r�'- ,w ^, ALI Prepared for: Michael Brandman Associates 220 Commerce Way, Suite 200 Irvine, CA 92602 Contact. Michael Houlihan (714) 508-4100 Prepared by. Coastal Resources Management, Inc. PMB 327, 3334E. Coast Highway Corona del Mar, CA 92625 Contact: Rick Ware, Principal (949) 412-9446 October 15"i, 2008 City of Newport. Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. TABLE OF CONTENTS Section 1.0 INTRODUCTION 1.1 Project Location and Current Issues ........................... 1.2 Proposed Project and Proposed Uses .......................... Page 2 2.0 MARINE RESOURCES ENVIRONMENTAL SETTING ................................................ 6 2.1 Water Quality ................................................................................................................... 6 2.2 Sediments......................................................................................................................... 9 2.3 Marine Biological Resources............................................................................................ 12 2.4 Endangered, Threatened, Rare, and Sensitive Species .................................................. 21 2.5 Sensitive Habitats............................................................................................................... 26 2.6 Fish Management Plan Species.........................................................................................26 2.7 Invasive Species.................................................................................................................28 3.0 IMPACT ANALYSIS............................................................................................................. 29 3.1 Thresholds for Significance.......................................................................................... 29 3.2 Relevant California Environmental Policies and Acts ................................................. 29 3.3 Proposed Action............................................................................................................ 30 3.4 Project -Related Issues That Could Adversely Affect Marine Biological Resources.................................................................................................................... 30 3.5 Demolition and Marina Construction Impacts On Marine Resources ......................... 32 3.6 Long-term Impacts of Landside Construction On Water Quality ................................ 42 3.7 Long-term Impacts of Visitor Use on Water Quality ................................................... 42 3.8 Long-term Marina Impacts on Marine Resources........................................................ 42 4.0 MITIGATION MEASURES............................................................................................... 46 4.1 Runoff Water Quality ................................................................................................... 46 4.2 Marina Construction and Operation Resources.......................................................... 47 5.0 ALTERNATIVES ANALYSIS............................................................................................ 51 6.0 CUMULATIVE EFFECTS................................................................................................... 51 7.0 LITERATURE CITED......................................................................................................... 52 LIST OF TABLES 1 190i Street Buoy (Rhine Channel) Oceanographic Data, July -August 2008...................................... 8 2 EPA Total Maximum Daily Load Target Values for Newport Bay...................................................12 3 Comparison of Benthic Species Richness, Abundance and Density Per Square Meter. Rhine Channel, Newport Bay. 1952-1994.........................................................................................18 4 Common Invertebrates Observed on the Bulkheads and Docks in Newport Bay Source ..................19 5 Special Status Species.........................................................................................................................22 6 Habitat Losses and Gains, Marina Park Project.................................................................................. 36 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. LIST OF FIGURES 1 Project Area Location.......................................................................................................................... 2 2aMarina Park Layout............................................................................................................................. 4 2bMarine Park Marina Conceptual Plan ..............................................................................................5 3 Tidal Flushing Rates in Newport Bay.................................................................................................. 7 4 SWRCB Sampling Stations in Newport Bay.................................................................................11 5 Approximate Location of Dredge Zone and Excavation Zone.......................................................... 35 LIST OF PHOTOGRAPHS 1 Location of the Project Area............................................................................................................... 3 2 Marine habitat fronting the proposed Marina Park project................................................................ 13 3 View looking west towards 18 'Street ............................................................................................ 13 4 South -facing view of sand beach in the vicinity of the proposed marina ................................... 14 5 North -facing view of shoreline and waters in the vicinity of the proposed marina ..................... 14 LIST OF APPENDICES 1 Pelagic and Groundfish Fisheries Management Plan Species Potentially Present InNewport Bay...................................................................................................................... 56 ii City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, hic. MARINE BIOLOGICAL RESOURCES ASSESSMENT MARINA PARK PROJECT MARINA NEWPORT BEACH, CALIFORNIA 1.0 INTRODUCTION This report presents the results and findings of a marine biological impact assessment for the Marina Park Project Marina. The purposes of this investigation are to identify the existing marine resources in the vicinity of the project site, analyze project impacts on marine resources, and identify mitigation measures to avoid, reduce, or compensate for potential adverse project impacts on marine resources. The study was conducted to (1) assess the project depths, sediment types, and types of marine life on the bayfloor in the vicinity of the property proposed for the marina and (2) to provide the basis for a marine biological resources impact assessment of the proposed project on intertidal and subtidal marine resources in the project area. Field survey results of surveys conducted by CRM in August and September 2008 are integrated into Section 2, Environmental Setting and presented in full in Appendix 1. 1.1 PROJECT LOCATION AND CURRENT USES The project site is located on the Balboa Peninsula in southwest Newport Beach (Figure 1, Photograph 1). The existing site encompasses 10 acres and is built-up in nature with residential (i.e., mobile homes) community service (e.g., community center, public tennis courts, beach access, etc.), and surface parking lot uses. The 10-acre site is bordered on the east by an asphalt parking lot, the American Legion Post 291, residential and commercial uses, and 15t' Street, to the south by West Balboa Boulevard and residential uses, and to the west byl8th Street, a hotel and residential uses, and 19th Street along the public beach. The shoreline consists of a wide, City -maintained sand beach between 161h and 18`h Streets. A cement groin separates the sand beach from the American Legion Marina on the east. Residential docks border the west end of the public beach at 19t' Street. The shoreline and waters at the project site are located southeast of the Rhine Channel section of Lower Newport Bay (Newport Harbor) and south of Lido Isle. Several shipyards are active in the Rhine Channel, and private and commercial vessels are kept in boat slips that line the Rhine Channel, Lido Peninsula, and Balboa Peninsula perimeter. Private vessels are moored throughout the waters in the general vicinity of the project area. The waters along the shoreline between 15t" and 18 Street are currently used for public recreation, including swimming, kayaking, sailing, and power boating. City of Newport Beach Marina Pink Project Coastal Resources Management, Inc. Min me Biological Impact Assessment 'JtY ya s \J��`• •fir � (tt J • �� /r � y//�/ r 0.v,f LL11 • t, a I�n,�, ! c . f a 4��, •. , • • f �� 4 M N O O YS c �M 0 Z N 0 0 O O a ti C O 00 ft t01 a m TZJ U cc y N 0)Q i% Z Of o ` a 3 O CD v-3: Wtx5- YV City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment 77.•�4, ��. 'r �yK `'!'�ti %1 t ' gyp- ''L 71s^•,� ,y;,.. �•'� . *� K, y 1�;"�j.�+'ia%Mrr,' 47�'; � ,r '� ^ s � .t y+C'. `�'` fs 'f4 Y'e� �": I'-„'.ti'%.'''I, ^'.�•;'t:if' `�'C��t r±w`. .,: *.`,yv/�`tr!sr., •;'.S\���* ,�\1`. {'o� � ;"�i',.T' J''F`�""%", ;�., : P, *�,`w. • P�i' ! ��` 1�'� v .�sn ems} � t�,r' �` ` .n1 ��1,Sti��'� �11' ,L "�y a t. �s v�' -� . ! ,- �, ; x�%� �.��4,;'�''� ;r 4•;;, �..,Ycj:� r,�„- •. .h;V ti�� . v� ,�,, �^ � r �y •., i' , i 3 0 �1y;S �..�ti; Dui;',• , n i •, ., ".�,�AY� F/St-,•"�, ��' �f ,.�'./��4�a''�.'i4 '`e. ";:'�ei,aY�:�;�r�'}: .0`7F..y 1`_•�� } ���`vaiti`,l '�t 4�'!k•- -3 sff,+�*,? i � ,i, :«r��"i+:"`Y :';�ti .,I;�`„�,~''�,�yfiti � 1, (6 h���i.1 .*ram \%'�v'�"��%t?4; "KA.'' '�'.�'',h""i. �1.=,:'J_: ;.'•''': Y..i a , n Photograph 1. Location of Project Site and other areas of West Newport Bay 1.2 PROPOSED PROJECT AND PROPOSED USES (Source; MBA) The public park will provide for passive and active areas. The passive area will include an open lawn area and a water feature. The active areas will include a children's play area and a half -court basketball court. The public short-term visiting vessel marina is proposed to accommodate visiting vessels for up to 30 days. Utility hook-ups are proposed to be available for the marina. Bathrooms and laundry areas are proposed adjacent to the marina. The Balboa Sailing Center will include rooms for educational classes as well as community events. A restaurant will be located on top of the Balboa/Sailing center and will include areas for marina rentals as well as room for sailing classes. There are two tennis courts proposed on the eastern portion of the site adjacent to 156' Street. In addition, an existing bathroom on the public beach adjacent to 19th Street is proposed to be renovated or reconstructed but the size of the bathroom facility would remain the same. Primary access to the project will be via West Balboa Boulevard at 17°1 Street and secondary access will be via a controlled exit/entrance off of 15`h Street. Public access to the beach will be provided by walkways within the proposed park as well as an access provided along the western side of the proposed marina. Furthermore, 18'h and 19°i Streets will still provide access to the public beach. 3 City of Newport Beach Marina Paik « Marine Biological Impact Assessment Coastal Resources Management, Inc. 4 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 2.0 MARINE RESOURCES ENVIRONMENTAL SETTING The marine environment area investigated for this project extends between 15"i Street and 19th Street, between the shoreline and a depth of -12 feet Mean Lower Low Water (MLLW). In addition, sediment, chemical, and biological information collected between 1952 and 2003 from 10°i Street to and including the Rhine Channel was included where it pertained to potential project impacts. The local project area is shown in Photographs 2 through 5. Channel depths vary between 0 to approximately 12 feet (Mean Lower Low Water). At the site of the proposed docks at the east end of the swimming beach, the elevations extend from supra -tidal (+8 ft) MLLW to water depths of approximately 10, ft MLLW. The marine environment in this section of Newport Harbor is subject to reductions in sediment and water quality as a result of restricted tidal circulation, industrial activities, dry weather runoff, and storm water runoff to the bay (California Department of Fish and Game 1952; County of Orange 1978; California Water Resources Control Board 1998; Southern California Coastal Water Research Project 2003). Newport Bay is currently included on the U.S. EPA 303(d) Listed Water Bodies and Associated Pollutants of Concern (EPA 2002). Newport Harbor (Lower Newport Bay) is specifically listed as impaired as a result of significant concentrations of metals and pesticides in the sediments. Water -related industries and uses at various times in the past have included private and military vessel construction and boat repair facilities, cannery processing facilities for the Newport Bay fishing fleet, boat marinas and commercial businesses (i.e., restaurants). 2.1 WATER QUALITY 2.1.1 Flushing Rates. Tidal flushing rates differ throughout the Harbor (Everest International Consultants, Inc 2007, (Figures 3. The tidal flushing rate varies from one day at the harbor entrance to up to 30 days in the vicinity of Marina Park and the Rhine Channel (Figure ) Longer periods between complete tidal flushing cycles reduces water quality by increasing water temperatures, lowering dissolved oxygen, and increasing the length of time that suspended sediments prevent light from illuminating the seafloor. The long residence time required to flush the bay through tidal action appears to be an important factor that affects both water and sediment quality. 2.1.2 July -August 2008 Oceanographic Data Water column sampling was conducted in the vicinity of Marina Park 10 times between 25 July and 22 August 2008 (Coastal Resources Management, Inc. unpublished data). Data were collected at surface, mid, and bottom depths. A summary of the data, by sampling level is presented in Table 1. City of Newport Beach Marina Paik Project Coastal Resources Management, Inc. Marine Biological Impact Assessment Flushing time scale (days) 4 28 26 24 22 20 18 18 } 14 x' 12 10 8 6 4 2 0 Figure 3 Tidal Flushing Rates for Newport Bay. Source: Everest International Consultants, Inc. The data illustrate summer maxima in water temperatures, with conversely, low dissolved oxygen concentrations and low pH. Low dissolved oxygen levels are an indication of degraded water quality, particularly if it is a persistent condition. It commonly occurs in areas of poor circulation and high organics. In general, a concentration of 5 mg/1(ppm) of dissolved oxygen is required to sustain marine life. All parameters exhibited a decline in values with an increase in depth. Mean water temperatures varied from 74.28 F at the surface, to 72.69 at the bottom. Dissolved oxygen concentrations varied from 6.71 mg/1 at the surface to 5.15 mg/1 at the bottom; pH decreased from 7.95 at surface and mid depths, to 7.87 at the bottom; salinity ranged from 32.46 parts per thousand (ppt) at the surface to 32.42 ppt at the bottom. The range in Total Dissolved Solids varied from 32.23 g/1 to 32.18 g/1 at the bottom. Maximum and minimum survey values for each parameter were 71.17 F (bottom) and 76.73 F (surface) for water temperature; 4.10 mg/1 (bottom) to 7.76 mg/1 for dissolved oxygen; 7.76 (bottom) to 8.05 (bottom) for pH; 32.26 ppt (surface and bottom) to 32.95 ppt (surface) for salinity; and 32.03 g/1(bottom) to 32.65 g/l (surface) for total dissolved solids. 7 City of Newpott Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 8 Table 1. Rhine Channel Buoy (Mid channel between Balboa Peninsula and Lido Peninsula) Oceanographic Data, July 25 to August 22nd, 2008 Source: Coastal Resources Management, Inc. Surface Values (1 ft below surface) Total Temp Dissolved Dissolved Temp (F) (C) Oxygen pH Salinity Solids mg/L ppt g/L Mean 74.28 23.49 6.71 7.95 32.46 32.23 Std Dev 1.1 0.6 0.5 0.1 0.2 0.1 N 21 21 19 21 21 21 Min 72.68 22.60 5.89 7.85 32.26 32:04 Max 76.73 24.85 7.65 8.04 32.95 32.65 Mid Depth (-6 ft MLW) Total Dissolved Dissolved Temp (F) Temp C Oxygen pH Salinity Solids mg/L ppt g/L Mean 73.47 23.04 6.51 7.95 32.44 32.20 Std Dev 1.1 0.6 0.9 0.1 0.1 0.1 N 19 19 17 19 19 19 Min 71.78 22.10 4.46 7.85 32.28 32.06 Max 76.14 24.52 7.76 8.04 32.59 32.34 Bottom Water (42 ft MLLW) Total Dissolved Dissolved Temp (F) Temp C Oxygen pH Salinity Solids mg/L ppt g/L Mean 72.69 22.61 5.15 7.87 32.42 32.18 Std Dev 1.2 0.7 1.1 0.1 0.1 0.1 N 16 16 14 16 16 19 Min 71.17 21.76 4.10 7.76 32.26 32.03 Max 75.13 23.96 7.27 8.05 32.64 32.38 City of Newport Beach Maiina Patk Paoject Marine Biological hnpact Assessment Coastal Resources Management, Inc. 2.2 SEDIMENTS Identifying sediment types and concentration of chemicals in Newport bay sediments is important for several reasons: (1) chemical contaminants are primarily bound to finer grain sizes (2) contaminants in the sediments can be assimilated into the food chain (3) alterations to the seafloor through dredging or other activities that disrupt the seafloor may result in the release of contaminants to the water column and (4) sediment characteristics and sediment contamination will affect the distribution and abundances of marine organisms. 2.1.1 Intertidal Sand Beach Sediments and Levels of Contaminants Petra (2004a) conducted sediment grain size and sediment chemistry testing from beach sediments in the area proposed as a 12-slip marina for a Limited Phase II Soils Assessment. These sediments were collected at the low tide line. Photograph 2 shows the general area where the samples were collected from. No tidal level data relative to Mean Lower Low Water information was provided. The upper three feet of sediment cores taken at the swimming beach sediments consisted of fine to medium sands; at a depth of four feet, the sediments included finer silts. No detectable concentrations of semi -volatile organic compounds (SVOCs), organo- chloride pesticides (OCPs), or polychlorinated biphenyl's (PCBs) were detected. Metals were not detected at elevated ranges. Total Petroleum Hydrocarbons (TPH) were detected at 10 milligrams per kilogram (mg/kg) in soil from Boring 2. TPH concentration of 10 mg/kg is insignificant and does not represent an environmental condition at these boring locations (Petra 2004a). 2.1.2 Subtidal Bayfloor Sediments and Levels of Contaminants Beyond the tide line, Newport Harbor sediments consist of sand, mud, or combinations of sand/shell hash sediments depending on tidal exchange rates, current velocities, channel depths, the configuration of the bay, and proximity to sources of sediment inputs. Observations made during a site reconnaissance survey at the proposed marina project site (CRM 2004, 2008) indicated that sediments at depths shallower than -2 ft MLLW were predominantly sands, a combination of sands and silts at depths up to -6 ft MLLW, and primarily silts at depths up to 11 ft MLLW. Sediment samples taken at a depth of -3 ft MLLW in front of the proposed marina in at 1561 Street in front of the existing trailer park in September 2008 indicated the sediments consisted of 0.43% gravel, 3.12% coarse sand, 48.93% medium sand, 44.89% fine sand, 0.58% silts, and 2.05% clay (Coastal Resources Management, Inc. unpublished data). Comparatively, the bayfloor in the vicinity of 186' Street at the entrance to the Rhine Channel consists of between 90% and 95% fine-grained sediments at depths of -5 to -10 ft MLLW (Harbor Resources Department unpublished data). Petra (2004b) conducted environmental site assessment work at the proposed Regent Marina site, Newport Beach, California on March 17"i, 2004. The work consisted of drilling and sampling three borings at a depth of 0.5, 2.5 foot and 5 feet below the mud line in the Rhine Channel to assess the environmental condition of submarine sediments on site. The five foot samples were archived. The soil samples were analyzed by dry City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment weight in a State approved laboratory. In addition, representative samples of the subsurface sediments were collected for grain size analysis. The geologic and chemical information obtained indicates the following: • The Rhine Channel in the vicinity of the site is underlain by one to three feet of bay mud consisting of organic silty and clayey sand. Beneath the bay mud is medium and coarse sand with shell fragments. Trace amounts of Total Petroleum Hydrocarbons (TPH) were detected in the one-half foot samples in all three borings and in the two and one half foot sample in Boring BP-2. The detected concentrations were less than 40 milligrams per kilogram (mg/kg). The likely source of this contamination is storm water runoff. Semi -volatile organic compounds (SVOCS) were not detected in any of the collected'samples. • The organo-chlorine pesticide 4,4'-DDE was detected at a concentration of 13 micrograms per kilogram (ug/kg) in the one half foot sample in boring BP-3. The source of this material is likely. • Polychlorinated biphenyls (PCBs) were not detected in any of the collected samples. • Metals concentrations were within the anticipated background range for soils in Southern California. Based on these findings, the Limited Phase Two Sampling Program of submarine sediments at the proposed Marina Park marina site indicates that sediments are >80% sand material, and classified as medium to coarse sands. These materials are suitable for beach disposal. Slight chemical degradation of the sediments has occurred (Petra 2004b). Very low concentrations of petroleum hydrocarbons are present in the upper one-half foot of the bay mud. The hydrocarbons are not present at levels which require regulatory involvement or remediation. A single sample contained a very low concentration of a organo-chlorine pesticide (13 ug/kg 4,4-DDE). This concentration is well below action levels for soils on land. Between 1992 and 1997, the State Water Resources Control Board (SWRCB and other State and Federal agencies conducted investigations of sediment chemistry, toxicity, and benthic community conditions in Newport Bay and other selected water bodies in the Santa Ana Region (SWRCB et al. 1998). Lower and Upper Newport Bay sediments were surveyed in 1994'at 23 locations (Figure 2). Three stations were located in west Newport Bay region, in the region surrounding the proposed marina site 10 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. P 86004 /' 860M 8600\1 I °® 85017 850I8 i 85007 i 83001 85006 85014 85015 85000' ' 85002 85mo �85004 & 85013 'B501G 85006 83011 85012 85005 ' Figure 4. 1994 SWRCB Sampling Stations in Newport Bay for sediment contaminants and sediment biology. These stations included 85006, off the east tip of Lido Peninsula; 85012, mid -channel between the Balboa Peninsula and Lido Isle near the 1 Oth Street Beach, and 85013, in the Rhine Channel. Based on the results of the sampling, Newport Bay sediments contained elevated concentrations of several contaminants at levels known to be toxic to marine organisms. Rhine Channel sediments (85013) contained elevated concentrations of mercury, copper, p,p; DDD, Total PCBs, and tri-butyl tin (TBT). Sediments around Lido Peninsula and Lido Isle (including 85006 and 85012), Harbor Island, Dover Shores, and De Anza (Bayside) Peninsula were elevated for either lead, p'p, DDE, or Total Chlordane, or a 11 City of Newport Beach Marina Park Project Coastal Resomces Management, Inc. Marine Biological Impact Assessment combination of these compounds. Potential biotoxicity on marine organisms was also addressed. These results are summarized in Section 2.2. The Southern California Coastal Water Research Project (SCCWRP) investigated site - specific sediment contamination in the Rhine Channel and the effects of contaminants on marine organisms at 16 stations in 2002 (SCCWRP 2003). Their study results also found contamination in the sediments. Concentrations of copper, mercury, lead, zinc, and total PCBs exceeded the sediment TMDL (Total Maximum Daily Load) targets at all 15 sediment stations in the Rhine Channel. The exceedances varied between 4.3 times the TMDL sediment target for zinc, to 110 times the TMDL sediment target for mercury. Total PCBs exceeded the TMDL sediment target by 13 times. Several other constituents were also elevated. Elevated concentrations of dissolved trace meters (copper, nickel, mercury, selenium, and zinc) indicated that some sediments were being released to the water column. The results of toxicity experiments conducted with these contaminated sediments are discussed in Section 2.2. Petra (2003c) conducted sediment contaminant sampling in the Rhine Channel for a proposed shipyard redevelopment project at the South Coast Shipyards. Copper, lead, and mercury exceeded the Title 22 of the California Code of regulations Soluble Threshold Limit Concentration (STLC) by 10 times in several samples. Elevated concentrations of PCBs were also found in the sediments. TABLE 2 Total Maximum Daily Load (TMDL) Target Values for Newport Bay Source: SCCWRP 2003 Contaminant TMDL Target Contaminant TMDL Target Value (mg/kg) Value (ng/g) Copper 18.7 chlordane 2.26 Chromium 52 dieldrin 0.72 Lead 30.4 Total DDTs 3.89 Zinc 124 Total PCBs 21.5 Mercury 0.13 2.3 MARINE BIOLOGICAL RESOURCES Marine habitat types in the Marina Park project area include a city -maintained sandy beach, intertidal sand/mudflats, subtidal bay bottom (benthos), a cement groin that separates the sand beach from,the American Legion marina, and open water bay habitat (Photographs 2 to 5). The project area intertidal zone extends from Extreme Low Water (-2.0 ft. MLLW) to Extreme High Water (+7 ft. MLLW). Subtidally, water depths in the project area range from -2.0 ft to approximately -12 ft MLLW. Depths at the offshore edges of the boat docks located to the east of the project area are approximately -8 ft to -10 ft MLLW (Coastal Resources Management, 2004). 12 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment 13 City of Newport Beach Marina Park Project Coastal Resources Management,.Inc. Marine Biological Impact Assessment Photograph 5. North -facing view of shoreline and waters in the vicinity of the proposed marina 14 City of Newport Beach Manna Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 2.3.1 Sand Beach While most of the shoreline of Newport Harbor is dredged for boat slips and lined with bulkheads, open sand beaches are scattered throughout the harbor. Most of Newport Harbor's sandy beaches are located around Balboa Island, although some sand beach habitat is found on Bay Isle, Lido Isle and Balboa Peninsula. On the Balboa Peninsula, public swimming beaches are located between 9th Street and 10tlr Street, and between 15t t Street to 191" Street. These beaches provide the public with recreational opportunities, but they are also habitat for marine -associated wildlife. The high intertidal portion of the city -maintained public beach support few if any marine organisms in the sediments because of the infrequent tidal exposure and periodic cleaning and grooming. This higher elevation however, is resting habitat for seabirds (gulls and pelicans). The middle and low intertidal zones provide more consistent tidal inundation and supports burrowing species of invertebrates (primarily clams, crustaceans, and polychaete worms). These organisms attract shorebirds to the mid and low intertidal elevations of the beach that utilize these invertebrates as their food source (Quammen 1980). 2.3.2 Subtidal Soft Bottom Benthos Beyond the shoreline, the sediments support algae and bottom -dwelling organisms (benthic invertebrates), some of which crawl over the surface of Newport Bay sediments, while others lead a sessile existence and protrude above the sediments from within a tube. While the majority of benthic invertebrates of bays and estuaries obtain their nutrition by consuming organic detritus, some graze on diatoms and algae or actively prey on other invertebrates. In turn, bottom feeding fishes and resident soft bottom -dwelling fishes (gobies, juvenile flatfish, and sand bass) rely upon these benthic organisms as food sources (ACOE 2000, MBC and SCCWRP 1980). Algae and Eelgrass. The shallow subtidal zone fronting the sand beach shoreline in the project area is occasionally vegetated green algae (Enteromorpha sp). At deeper depths, red algae is more common. During marine biological surveys conducted along the shoreline of the project area in October 2003, March 2004, October 2007, and August 2008, no eelgrass (Zostera marina) was at depths between 0.0 and -12 ft MLLW along the 15a' to 19th Street shoreline. Eelgrass is a sensitive marine resource because of its value as a nursery habitat and protective cover that it provides for invertebrates and fish. While it is prolific throughout may parts other Newport Harbor from Bay Isle east to the Harbor Entrance Channel (CRM 2004, CRM 2008, in preparation) its western -most occurrence along the Balboa Peninsula is near the Newport Harbor Yacht Club (CRM, 2004; CRM 2008 in preparation). Benthic Invertebrates. Over 300 species of benthic invertebrates that live in the sediments (benthic infauna) have been identified from Newport Bay mudflats and subtidal channel sediments (Barnard and Reish 1959, Dawson 1963, Daugherty 1978, MBC and SCCWRP 1980, Seapy 1981, Ware 1985, SWRCB et al., 1998). The dominant 15 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment types are annelid worms (polychaetes and oligochaetes), arthropods (gammarid and caprellid amphipods, isopods, ostracods, and cumaceans), and mollusks (gastropods and pelecypods). Most are not endemic to Newport Bay or necessarily reflect polluted bottom conditions. Rather, they are widely distributed and highly adaptable (they survive well under stress conditions which occur naturally in many California coastal bays and estuaries). The numbers of benthic infaunal species decrease between the harbor entrance and the regions where water circulation is restricted in Newport Harbor and Upper Newport Bay (MBC and SCCWRP 1980, Daugherty 1978). These community changes occur because of increasing environmental stresses due to extremes in salinity, temperature, and dissolved oxygen, as well as decreasing grain sizes within the sediments they inhabit. Other influences, related to the concentrations of contaminants in the sediments will also affect the types and abundances of organisms inhabiting Newport Bay sediments (SWRCB et al. 1998). Common benthic invertebrates identified in the fore -mentioned studies include polychaete worms (Capitella capitata, Pseudopolydora paucibranchiata, Streblospio benedicti, Haploscoloplos elongatus, Tharyx sp. Neanthes arenaceodentata, Polydora socialis, P. ligni, P. nuchalis, Prionosplo heterobranchia newportensis), oligochaete worms, amphipods (Grandidierella japonica, Corophium acherusicum, C. insidiosum, Ampithoe spp.), caprellid amphipods (Mayerella banlreia), snails (Tryonia imitator and Assiminea californica), and clams (Theora lubrica, Chione fructii laga, Macoma spp., Tagelus subteres and T. californianus) Many larger types of benthic invertebrates live on the sediment surface (epifauna). Several species of epifauna were observed at the site of the proposed Marina Park marina in October 2003 (CRM 2003, Appendix 1). These included the hydroid Corymorpha palma, tube anemone Pachycerianthus fimbriatus, tube -dwelling polychaete annelid worms, tube -dwelling amphipods (Grandidierella japonica), and the predatory sea slug (Chelidonera [Navanax] inermis. Historically, the benthic infrtmal community in the general vicinity of the proposed Marina Park marina is characterized by low numbers of species and high abundances of a few species of invertebrates that reproduce well and out compete other species under stressed environmental conditions (California Department of Fish and Game 1953, County of Orange 1978, SWRCB et al. 1998). The number of benthic species identified at stations between 10°i Street and the Rhine Channel during the SWRCB et al. 1994 survey varied between 14 (1& Street) to 32 (Lido Peninsula). Comparatively, cleaner sediments near the Newport Harbor Entrance Channel support as many as 207 species (MBC and SCCWRP 1980). The Rhine Channel and Lido Peninsula sites were classified as a "Transitional" by the SWRCB which indicates that the sediments have elevated chemical contamination and some toxicity to marine organisms is present. However, the benthic community is not "Degraded" compared to other areas of Newport Bay and other water bodies within the 16 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological hnpact Assessment region. In Newport Harbor, "Degraded" benthic conditions were noted in the channel near 10`h Street beach, on the north side of Lido Island, the south side of Harbor Island, and the north side of Balboa Island. Benthic Contaminants and Toxicity to Marine Organisms in Newport Harbor. The State study (SWQCB et al. 1998) employed the Long and Morgan's Effects Range Low (ER-L) and Effects Range -Medium (ER-M) analysis (Long and Morgan 1990) to rate the potential for biological effects based upon the concentrations of contaminants found in the sediments that are associated with toxic responses on marine organisms. Biological effects are most probable at or above the ER-M (Long and Morgan 1990). Some Newport Bay sediments, including the Rhine Channel had the highest ERM Quotient of any regional water body. The Rhine Channel had the highest number of ERM exceedances; these were for copper, mercury, zinc, and total PCBs. The highest overall exceedances in Newport Bay were for mercury in the Rhine Channel (12.3x the ERM). Toxicity studies were conducted using Rhine Channel Sediments during the SCCWRP 2002 investigation (SCCWRP 2003). Sediments were toxic to amphipod crustaceans and sea urchin larvae at a majority of the 15 stations sampled. However, the cause of the sediment or seawater -interface toxicity (SWI) reported in this study could not be determined with the available data. There were no statistically significant negative correlations among metals or organic contaminants and toxicity. It is possible that unmeasured contaminants or differences in contaminant bioavailability among stations may be responsible for the observed toxicity (SCCWRP 2003). Based on the results of the 1998 SWRCB et al. benthic studies in Newport Harbor, the benthic community in the Rhine Channel has exhibited some signs of recovery compared to earlier studies in Newport Harbor in 1951-1952 (California Department of Fish and Game 1953) and 1975-1976 (County of Orange 1978). However, species richness is considerably lower in the sediments between Lido Isle and the Rhine Channel than in sediments nearer the harbor entrance channel. However, these sediments still have significant chemical contamination that may be toxic to benthic invertebrates and fishes. In addition, sediments released into the water column have a potential to release contaminants into the water column (SWRCB 1998 et al., SCCWRP 2003). During the 1951-1952 Fish and Game study, 16 individuals of C. capitata were found in the Rhine Channel. In September 1975, 18 taxa and 184 individuals were collected in three, 0.05 sq. in. Ponar Grab samples. Mean density per sample was 1,226 individuals/sq. in, and the mean number of species per sample was 8.6. During March/April 1976, 23 taxa and 483 individuals were collected at the same site. Mean density per sample was 3,220 individuals/sq. in, and the mean number of taxa collected increased to 14.3 per sample. The dominant species encountered in the Rhine Channel during the County study were the polychaetes Capitella capitata, Schistomeringos rudolphi, Polydora ligni, the crustaceans Leptochelia sp., Ampithoe pollex, Corophium acherusicum, and C. insidiosum. During both surveys, 30 species were collected. 17 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Table 3. Comparison of Benthic Species Richness, Abundance and Density Per Square Meter. Rhine Channel, Newport Bay. 1952-1994 SAMPLING TOTAL RICHNESS RICHNESS MEAN METHOD AND AND ABUNDANCE PER DENSITY SAMPING AREA SAMPLE PER SURVEY SAMPLE AND YEAR OF (SQ M) STUDY Cal Fish & Game 16 individuals 1951-1952 1 species County of Orange Three, 0.05 sq. m 184 individuals 8.6 1,226 September 1975 Ponar Grab samples 18 taxa n=3 n=3 County of Orange Three, 0.05 sq. m 483 individuals 14.3 3,220 March/April 1976 Ponar Grab samples 23 taxa n=3 n=3 Combined Survey Six, 0.05 sq. m 667 individuals 11.5 2,223 County of Orange Ponar Grab samples 30 taxa n=6 n=6 1975-1976 Regional Board Three, 0.1 sq. m 1,567 individuals 20.3* 4,816* September 1994 Modified Van Veen 30 taxa n=3 n=3 Samples * Excludes nematode worms; nematodes were not counted during the County of Orange Survey During September 1994, three, 0.1 sq. In. Young -modified Van Veen Grab samples were collected at Station 85013 in the Rhine Channel. Cumulatively, 30 taxa and 1,567 individuals were collected. With nematodes excluded (they were not counted during the County survey but described as "uncommon" in the Rhine Channel) the mean density per sample was 4,816 individuals/sq. In, and the mean number of species was 20.2 per sample. The dominant species included a complex of oligochaete worms, nematode worms, the polychaete worm Streblospio benedict, and the amphipod crustaceans Grandidierella japonica and Ampithoe valida. Based upon this analysis, the health of the benthic community in the Rhine Channel slowly improved between 1952 and 1994, a span of 42 years. And, since 1975, the number of species in the Channel increased by a factor of 1.8 and infaunal density increased by a factor of 2.2. The stability of the community structure and the types of organisms present however, are likely still affected by levels of sediment contaminants that are known to produce toxicity at levels measured in the Rhine Channel sediments (SWRCB et al. 1998). 2.3.3 Bulkhead and Seawall Associated Plants and Animals. Man-made substrates (bulkheads, seawalls, docks, pilings, jetties) in Newport Harbor are not biologically sensitive. However, hardscape provides surface area for sessile marine animals and plants that would not be present in the Harbor in the absence of development. Common types of organisms found on bulkheads and docks in Newport Bay are listed in Table 3. The hardscape of these structures support mussels, barnacles, and sponges, and other types of invertebrates, and plants that constitute the "biofouling community". The undersides of boat floats and docks are commonly colonized by green 18 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Table 4. Common Invertebrates Observed on the Bulkheads and Docks in Newport Bay Source: Coastal Resources Management (1998; unpublished observations) Intertidal Zone to shallow Ulva spp. mid to subtidal common to abundant Phaeophyta brown algae low to subtidal Cystoseira osmundacea low to subtidal present Sargassum muticum low to subtidal present Rhodophyta red algae low to subtidal common Haliclona sp. sponge low to subtidal present Cnidaria hydroids & anemones Aglaophenia dispar hydroid low to subtidal present A. elegantissima anemone -solitary form mid to subtidal uncommon Polychaeta segmented worms mid to subtidal common to abundant Arthropoda crustaceans Balanus glandula barnacle mid to high common intertidal Chthamalusfissus/dalli barnacle high to splash common intertidal Pachygrapsus crassipes lined shore crab high to low uncommon intertidal Mollusca-Gastrouoda snails Lottia limatula finger limpet middle to low common intertidal Mopalia mucosa chiton middle to low present intertidal Mollusca-Pelecypoda bivalves Chamaidae, unid rock jingle low to subtidal present Ostrea conchilcola oyster mid intertidal present Mytilus galloprovincialls bay mussel mid to shallow common subtidal Bryozoa moss animals I I low intertidal to subtidal Zoobotryon verticillatum soli bryozoan low to subtidal common Urochordata tunicates Styela montereyensis sea squirt low common Ciona intestinalis tunicate low common Styelaplicata sea squirt low common 19 City of Newport Beach Mauna Paik Project Coastal Resources Management, Inc. Marine Biological Impact Assessment algae, barnacles, mussels, limpets, polychaete worms, moss animals (ectoprocts), and sea squirts (tunicates). Bay fishes are attracted to the biofouling habitat because it a constant source of food. The cement groin separating the American Legion marina from the sand beach at 16°i Street is colonized by few species on the beach side of the groin, primarily because most of its length is buried by sand. Where exposed, it supports a limited population of barnacles (Balarms glandula) in the high tide zone and mussels (Mytilus galloprovincialis) in the mid to low tide zone. 2.3.4 Bay ZIshes Over 75 species of fish are known from Newport Bay (Allen 1976; Bane 1968; Marine Biological Consultants and SCCWRP 1980). Along the Peninsula between 9th St and 13th St, Allen (1976) recorded 19 species of fish during 18 months of sampling between 1974 and 1975 This sampling was conducted midchannel by otter trawl net methods. The numerically dominant species were white croaker (Genyonemus lineatus), shiner surf perch (Cymatogaster aggregata), white surf perch (Phanerodon furcatus), slough anchovy (Anchoa delicatissima), deepbody anchovy (Anchoa compressa), black surf perch (Embiotoca jacksont), and queen fish (Seriphus politus). Bat ray (Myliobatis californica), white croaker, and queen fish contributed the most biomass. Other species, such as halibut (Paralichthys californicus), diamond turbot (Hypsopsetta guttulata), and various bottom - dwelling blennies and gobies are also found in Newport Harbor environments. Marinas, docks, bulkheads, and groins provide habitat that attract a variety of fishes and these environments may exhibit a greater diversity of fishes than channel and mudflat habitats alone because both soft bottom channel fishes and rock -associated fishes inhabit these environments (Coastal Resources Management 1993). Hard substrate offers cover, protection, or new sources of food for fishes such as pile perch (Damalichthvs vacca , pipefish (Sy ng athus spp.), keipfish (,Heterostichus spp.), opaleye Girella ni ricans , halfinoon (Medialuna tali orniensis), sargo (Anisotremus davidsoni), and kelp bass (Paralabrax clathratus . During two reconnaissance surveys conducted in depths between 0 and -12 ft MLLW in August 2008, round sting ray (Myliobads californicus) and mullet (Mugil cephalus) were observed. During the 2004 surveys, four species were observed by SCUBA diving biologists at the site of the proposed marina CRM 2004). These included topsmelt (Atherinops affinis), spotted sand bass (Paralabrax maculatofasciatus), bay goby (Lepidogobius lepidus) and round stingray .,(Urolophus halleri) (Coastal Resources Management 2004). Other common species of fish that are known from Newport Harbor include the arrow goby (Clevelandia ios)„ California halibut (Paralichthys californicus), topsmelt (Atherinops affinis), black surfperch (Embiotoca jaclrsoni), white surfperch (Phanerodon furcatus) shiner perch (Cymatogaster aggregata), and walleye surfperch (Hyperprosopon argenteum). Several of these species may be present at the site, but were not observed during the underwater surveys. 20 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 2.4 ENDANGERED, THREATENED, RARE, OR SENSITIVE MARINE SPECIES Table 5 lists potential federal and/or state endangered, rare, or non -listed sensitive species and that could be present within or nearby the project area during construction. Species of particular concern and relevance to this project are discussed in detail below. 2.4.1 Plants Eelgrass, Zostera marina. Eelgrass is a marine angiosperm that forms meadows in mud - and -sand substrates of bays and wetlands channels. Although it is not a listed species, it is considered sensitive by resource agencies because it is an important biological habitat for invertebrates and fishes. In Newport Bay, eelgrass grows in the lower intertidal and the shallow subtidal substrates at depths between 0.0 and -28 ft . MLLW, although more commonly, at depths shallower than -8 ft. MLLW. Surveys using GPS surveying methods of eelgrass in Newport Harbor and Upper Newport Bay indicate prolific growth of this seagrass along Corona del Mar, Balboa Island, Collins Isle, Beacon Bay, Harbor Island, Linda Isle, DeAnza Bayside Peninsula, Castaways, Bayshores Community, and Manner's Mile extending between Bayshores and the Orange Coast College Rowing Facilities (CRM 2004), although areas within the middle parts of the harbor and Upper Newport Bay experienced significant declines in eelgrass areal cover and density between 2004 and 2008 (CRM 2008, in preparation). There are no natural eelgrass beds along the shoreline between 15th St and 19' St. Eelgrass transplanted conducted along the 15t" St to 191h St shoreline in late summer 2004 as part of the U.S. Army Corps of Engineers Lower Newport Harbor Eelgrass Restoration Project, in coordination with the County of Orange and the City of Newport Beach were unsuccessful (Chambers Consultants and Coastal Resources Management, Inc. 2005), likely due to (1) the lateness of the transplant in the growing season and (2) significant rainfall in the months following the transplant. 2.4.2 Invertebrates There are no sensitive species of marine invertebrates located in the project area. 2.4.3 Fishes California Grunion (Leuresthes tenuis)._The California grunion (Leuresthes tenuis) is a fish that uses the high intertidal sandy beach habitat of many southern California beaches as spawning habitat (Walker, 1952), including Newport Beach (CRM and Chambers Group, 2002). The grunion is a member of the silversides family, Atherinidae, along with the jacksmelt and topsmelt. They normally occur from Point Conception, California, to Point Abreojos, Baja California. Occasionally, they are found farther north to Monterey Bay, California and south to San Juanico Bay, Baja California. They inhabit the nearshore waters from the surf to a depth of 60 feet. Grunion are not expected to be 21 City of Newport Beach Marina Pads Project Coastal Resources Management, Inc. Marine Biological Impact Assessment TABLE 5 SPECIAL STATUS SPECIES IN THE MARINA PARK PROJECT AREA Scientific Name Common Name USFWS Status CDFG Status Habitat potential to Occur _ orIQVIFS_ Status _ _ Plants Phyllospadix torreyi surfgrass Habitat Area of — Nearshore rocky intertidaUrocky none Particular Concern subtidal (HAPC)) for Fisheries Management Plan (FMP) Species under the Magnuson -Stevens Fishery Conservation and Management Act eelgrass Habitat Area of — Bays, harbors, shallow nearshore Not observed at the project in 2003, Particular Concern water sediments 2004, 2005, and 2008 (HAPC) for Fisheries Management Plan (FMP) Species under the Magnuson -Stevens ' Fishery Conservation and Management Act Fishes Eucyclogobius newberryi Tidewater goby FE — Shallow marine waters, lower reaches No potential, extirpated from I of streams Orange County Leuresthes tenuis California grunion — — Spawns on local open coastal beaches No potential to occur at the project site 22 City of Newport Beach Marina Pads Project Marine Biological impact Assessment Coastal Resources Management, hie. Scientific Name Common Name USFWS Status CDFG Status Habitat Potential to Occur or NMFS Status None Hypsypops mbicundus California garibaldi Protected under California State Subtidal rocky reef habitat; resident commercial and Marine Fish , and territorial species in shallow sport fish Assembly Bill subtidal rocky habitats regulations AB77,1995 Paralichthys californicus California halibut — — Shallow coastal waters, open ocean High potential Reptiles Chelonia mydas Green turtle FE — Nearshore and open ocean waters Rare visitor but unlikely to occur in the waters of West Newport Bay Eretmochelys imbricata Hawksbill sea turtle FE — Nearshore and open ocean waters Rare visitor but unlikely to occur in the waters of West Newport Bay Birds Pelecanus occidentalis Brown pelican FE CE Bays, estuaries, nearshore waters Forages and rests in project area Moderate potential. Forages in the waters of Newport Bay; Nesting habitat occurs in Upper Newport Sterna antillamm brown California least tem FE CE Nests on sparsely vegetated flat Bay and nearby at the Santa Ana substrates, forages in nearby waters River mouth; least terns will forage on juvenile baitfish in the nearshore waters, Newport Harbor and Upper Bay channels, usually within 5 mi of nesting sites . Scientific Name Common Name USFWS Status CDFG Status Habitat Potential to Occur or NMFS Status Charadnus alexandrinus Western snowy plover FT SSC Nests on sandy beaches and shores No nesting habitat present onsite, nivosus no potential for individuals to occur on site 23 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Mammals Zalophus californianus California sea lion MMA Nearshore and open ocean waters Moderate -to -high potential for individuals to be present in West Newport Bay. Locally becoming more abundant in Newport Harbor, and in the vicinity of vessels moored offshore of Lido Peninsula Tursiops trnncatus Bottlenose dolphin MMA Nearshore and open ocean waters Rare visitor to Newport Harbor Eschrichtius robustus California gray whale MMA Nearshore and open ocean waters Rare visitor to Newport Harbor FE—Federal Endangered; FF— Federal Threatened, MMA — Protected under Marine Mammal Act California Department of Fish and Came CE— California Endangered SSC—Species of Special Concern HAPC are subsets of Essential Fish Habitat (EFH) which are rare, particularly susceptible to human induced degradation, especially ecologically important, or located in an environmentally stressed area. Designated HAPC are not afforded any additional regulatory protection under the Magnuson Stevens Fishery Conservation and Management Act (MSA); however, federally permitted projects with potential adverse impacts to HAPC will be more carefully scrutinized during the consultation process (NMFS 2008a) 24 City of Newport Beach Marina Park Project Coastal Resomces Management, Inc. Marine Biological Impact Assessment California halibut. Although the California halibut does not have a formal special species status, it is considered a sensitive species by resource agencies because of its commercial value and a continued region -wide reduction of its nursery habitat in bays and wetlands. California halibut spawn at sea and the larval stages are planktonic. After several months, the larval fish settle to the bottom, and migrate into shallow coastal waters, including Newport Bay. Halibut are distributed throughout the waters of Newport Harbor and Upper Newport Bay, primarily as juveniles, although larger individuals are caught near the ocean entrance and in offshore waters. Young -Of -The - Year (YOTY) prefer shallow waters between about —0.45 meter (1.5 ft) and —1.0 meter (3.5 ft) Mean Lower Low Water (MLLW), whereas juveniles prefer deeper channel bottoms to a maximum depth of approximately 4.5 meters (15 ft) MLLW. After spending nearly nine months in Newport Bay, juveniles will move out into the open coastal environment. This species has a low to moderate potential to occur in the shallow waters of the project area because of the nature of the sand shoreline and the relatively wide shelf of sandy silt sediments. 2.4.4 Marine Reptiles Marine reptiles do not utilize the local marine waters as a permanent breeding or foraging habitat. However, the green turtle (Chelonia mydas) and hawksbill (Eretmochelys imbricata), will occasionally occur in the nearshore environment offshore Orange County. Green sea turtles have been reported in the San Gabriel River where they encounter the warmer, discharged waters of the power generating facilities located farther up the River and Alamitos Bay. (Vivian Cook, Marine Bureau; Allen Powder, Long Beach Lifeguards pers. comm. with R. Ware, CRM, 27 July 2007). Their occurrence within Newport Bay, located 20 miles east of Long Beach is expected to be rare although because Newport Bay has a productive eelgrass system, green sea turtles may utilize the seagrass beds within the bay as one source of their nutritional requirements.\ 2.4.5 Birds The State and Federally -listed California least tern (Sterna antillarum brown) is a spring - and -summer resident in southern California during the breeding and nesting season. The least tern does not breed or nest near the project site but will forage in Newport Bay and nearshore coastal waters during their March through September breeding season. The nearest least tern nesting sites are located approximately 2.5 miles west (upcoast) at the mouth of the Santa Ana River and 4.2 mi northeast in Upper Newport Bay near the Jamboree Bridge. The California brown pelican (Pelecanus occidentalis) is found in Newport Bay year -around but does not breed locally. The brown pelican utilizes Newport Harbor waters for foraging on baitfish, and the shoreline as resting habitat. 2.4.6 Marine Mammals In recent years, California sea lions (Zalophus californicus) have taken up seasonal residence in the Harbor. While initially concentrated in the southeast section of the harbor 25 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment between the Pavilion and the entrance channel, they now extend their seasonal distribution to the northwest (West Newport) waters and Mooring Areas J and H seaward of the proposed Marina Park development. Their abundance in the Bay is the result of (1) abundant food resources. They are able to utilize boats in the harbor as haul outs because many of the boats have low stern platforms (i.e., dive platforms). Countermeasures have been implemented by the City and boat owners to reduce the ability of sea lions to use vessels as haul out areas, and to reduce the direct and indirect feeding of sea lions through the implementation of ordinances and public education brochures. Their presence is a concern for vessel owners who have experienced damaged vessels or sunken vessels (Orange Newport Beach Harbor Resources Department, 2006; and most recently in August 2008 (Orange County Register, 2008). Their distribution in the West Newport waters may also be related to observed increases in the population of mullet (Mugil cephalus) that have been particularly abundant in this section of the Harbor in 2008 (R. Ware, pers. observations). The presence of bottlenose dolphin, and gray whales or other cetaceans would be an extremely rare event in the western section of Newport Harbor. 2.5 SENSITIVE HABITATS Newport Harbor and Upper Newport Bay shorelines and waters are defined as wetland habitats under both the California Coastal Act and the National Environmental Policy Act. Consequently this water body is considered sensitive habitat and is afforded protection to conserve and protect the resource. Upper Newport Bay is also State of California Marine Protected Area, and is designated as a State Marine Park. Although no eelgrass occurs at the Marina Park project site, Newport Bay in general is estuarine and eelgrass habitat, both of which are considered habitat areas of particular concern (HAPC) for various federally managed fish species within the Pacific Groundfish Fisheries Management Plan (i.e., rockfishes). HAPC are described in the regulations as subsets of Essential Fish Habitat which are rare, particularly susceptible to human induced degradation, especially ecologically important, or located in an environmentally stressed area. Designated HAPC are not afforded any additional regulatory protection under the Magnuson -Stevens Fishery Conservation and Management Act (1997). However, federally permitted projects with potential adverse impacts to HAPC will be more carefully scrutinized during the consultation process (National Marine Fisheries Service, 2007). 2.6 FISH MANAGEMENT PLAN SPECIES This assessment of Essential Fish Habitat (EFH) for the Marina Park project is being provided in conformance with the 1996 amendments to the Magnuson -Stevens Fishery Management and Conservation Act (FR 62, 244, December 19, 1997). The 1996 amendments to the Magnuson -Stevens Act set forth a number of new mandates for the National Marine Fisheries Service, eight regional fishery management councils, and other federal agencies to identify and protect important marine and anadromous fish habitat. The councils, with the assistance from NMFS are required to delineate EFH for all managed species. Federal action agencies which fund, permit, or carry out activities that 26 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment may adversely impact EFH are required to consult with NMFS regarding the potential effects of their actions on EFH, and respond in writing to the NMFS recommendations. EFH is defined as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". An adverse effect is "any impact which reduces the quality and/or quantity of EFH". Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to benthic organisms, prey species, and their habitat, and other ecosystem components. Adverse effects may be sites specific or habitat -wide impacts, including individual, cumulative, or synergistic consequences of actions [50 CFR 600.910(a)]. Impacts to Habitat Areas of Particular Concern (HAPC) are described in the regulations as subsets of EFH which are rare, particularly susceptible to human induced degradation, especially ecologically important, or located in an environmentally stressed area, including eelgrass. The proposed project is located within an area designated as EFH for the Coastal Pelagics Management and the Groundfish Management Plan designated species. Four coastal pelagic species, the northern anchovy, pacific sardine, jack mackerel, and Pacific mackerel potentially occur in the waters offshore of Newport Beach. Six goundfish species also potentially occur within the local project area, including California scorpion fish, vermillion rockfish, calico rockfish, California skate, spiny dogfish shark, and leopard shark (Appendix 1). Of these species, only the northern anchovy comprises a significant portion of fish that occur, and contribute moderate -to -heavy abundances to the nearshore fish, but much less so within Newport Bay. Northern anchovy comprise a portion of the commercial bait fishery in San Pedro Bay and a commercial bait fishing operation operates in the Newport Harbor entrance channel that provides northern anchovy to sports fishermen. This species is a planktivore, and is preyed upon by larger fish and seabirds. Larvae of northern anchovy are also part of the Newport Bay ichthyofauna and icthyoplankton community. Although several other coastal pelagic and groundfish FMP species are known from the project area, temporal data indicate that their presence in the project area is likely sporadic and their numbers in the project region would be extremely low (Coastal Resources Management, 2008). Newport Harbor and Upper Newport Bay shorelines and waters are defined as wetland habitats under both the California Coastal Act and the National Environmental Policy Act. Consequently this water body is considered sensitive habitat and is afforded protection to conserve and protect the resource. 27 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 2.7 INVASIVE SPECIES Caulerpa taxifolia. Caulerpa taxifolia has a characteristic bright green color, flat, leafy fern -like fronds (branches), and a below -ground root system. This noxious algae was found within shallow, enclosed lagoons located at the northeast section of Huntington Harbour and in Agua Hedionda Lagoon in San Diego County in 2001. Although efforts are believed to have eradicated this species over the last two years, this tropical marine algae can be extremely harmful to marine ecosystems because it invades, out -competes, and eliminates native algae, seagrasses, kelp forests and reef systems by forming a dense blanket of growth on mud, sand, or rock surfaces (National Marine Fisheries Service, California Department of Fish and Game and San Diego Regional Water Quality Control Board unpub. brochure) . It can grow in shallow coastal lagoons as well as in deeper ocean waters, and up to nine feet in length. Caulerpa has not been found within Newport Bay despite intensive underwater searches (Coast Keeper 2000; Coastal Resources Management, Inc. 2004, 2005, 2008, in preparation). Newport Bay has been designated as a Caulerpa free system (National Marine Fisheries Service 2001 revised 2003). This species was not observed at the project site either in October 2003, March 2004, October 2007, August, 2008 (R. Ware, CRM pers. observation). 28 City of Newport Beach Marina Pmk Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 3.0 IMPACT ANALYSIS 3.1 THRESHOLDS FOR SIGNIFICANCE The threshold for significance of impacts to marine biological resources is determined by scientific judgment, and considers the relative importance of the habitat and/or species affected by project implementation. For the purposes of this analysis, the project's effects on biological resources are considered to be significant if it would: Substantially affect a rare, threatened, endangered, or candidate plant or animal species, or the habitat of any such species; Substantially diminish or degrade the habitat of any marine plant or animal; Result in notable net loss of a biotic community that is subject to local, state, and/or federal regulations or that is otherwise of very limited occurrence in the region. Interfere substantially with the movement of any resident or migratory fish and wildlife species; or Conflict with adopted environmental policies, general plans, or regulatory policies of the community and State of California. 3.2 RELEVANT CALIFORNIA ENVIROMENTAL POLICIES AND ACTS The California Coastal Act (State of California 1976, amended 1999) provides the basis for protection of land and marine resources within the California coastal zone. The following relevant sections of the Coastal Act apply to protection of local marine resources in the vicinity of the proposed Marina Park project. Section 30231 of the California Coastal Act: "The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with groundwater flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. M City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment Section 30107.5 of the California Coastal Act. Environmentally sensitive areas are "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily be degraded by human activities and developments" Section 30240 of the California Coastal Act: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parlis and recreation areas shall be sited and designed to prevent impacts which would significantly degrade these areas, and shall be compatible with the continuance of those habitats and recreational areas. Section 30230 of the California Coastal Act: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economical significance. Use of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educationalpurposes. 3.3 PROPOSED ACTION Figures 2a and 2b illustrate the components of the proposed project. Existing mobile homes on the project site will be removed and/or demolished. The basic features of the project will include a public park for passive and active recreation, short-term visiting vessel marina, bathroom and laundry facilities adjacent to the marina, a sailing center and restaurant, tennis courts, and improvements to an existing bathroom. This impact analysis addresses water quality issues related to the demolition of existing structures, site hydrology, and marine -related impacts associated with the construction of the marina. Marina facilities will be constructed by excavating a basin out of landside, non marine habitat and dredging a portion of the existing intertidal sandy beach to depths of -12 ft MLLW. The marine will include a groin wall around the marina, three boat basins, ADA gangway, 23 slips to accommodate vessels 40-57 ft in length, dry storage for small boats, lockable kayak racks, and interlocking floats to provide dry storage within two of the 3 basins. Approximately 18 piles will be driven into the bayfloor to support the docks (Source: URS, Inc). 30 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 3.4 PROJECT -RELATED ISSUES THAT COULD ADVERSELY AFFECT MARINE BIOLOGICAL RESOURCES Demolition and construction tasks for the project has aspects that could potentially affect Newport Harbor marine resources. Particular aspects of this project that have a potential to degrade water quality and the quality of local marine resources include hydrology and site runoff, visitor use, and construction and operation of a marina. This project incorporates upfront Water Quality Best Management Practices that ensure there will be no adverse and significant short-term or long-term effects on local water quality and subsequent adverse effects on marine biological resources. These items include: 3.4.1 Storm Water Pollution Prevention Plan Land -side construction impacts on water quality and marine resources will be reduced to less than significant with the implementation of a Storm Water Pollution Prevention Plan that incorporates specific Best Management Practices to avoid impacts to water quality for both onshore and water -side construction operations. An Erosion Control Plan will be part of this document. This plan will reduce the potential impacts of airborne dust deposition and waterborne soil erosion during storm events on the marine environment. See Section 4 for a listing of potential construction BMPs. 3.4.2 Post -Construction (Operational) Project Water Quality Management Plan A Water Quality Management Plan will be prepared to avoid potentially significant effects of the project on water quality and marine resources. The plan will address current drainage systems, improvements to the drainage system to manage storm water and dry weather runoff, hydrology, and mitigation measures to reduce potentially significant project -related effects to less than significant. The Water Quality Management Program will consist of strategies and Best Management Practices (BMPs) that will provide source control for pollutants as well as treatment of runoff constituents. Additional water quality BMPs will be developed for the construction and operation of the marina. Implementation of a Water Quality Plan for the construction and operation of Marina Park will reduce potentially significant water quality and hydrological impacts associated, with storm water and dry weather runoff to less than significant impacts. Consequently, hydrological and water quality effects originating from the construction of the resort will have less than significant impacts on marine resources with the inclusion of these measures. 31 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. 3.5 DEMOLITION AND MARINA CONSTRUCTION IMPACTS TO MARINE RESOURCES 3.5.1 Site Hydrology, Water Quality, Noise, Dust, and Pollutant Generation Implementation of the proposed project may alter the existing drainage pattern of the site. In the short-term, construction activities may result in siltation and erosion as well as potential fuel oil spills, which could result in a decrease in water quality and an increase in turbidity and sedimentation as it relates to the amount of pollution flowing to Newport Bay and the ocean. The project site is under the jurisdictional responsibility of the Santa Ana Region of the California Water Quality Control Board which regulates discharges into the State's waters. As part of its oversight, the state ensures the project is implemented in accordance with federal water quality requirements during grading and construction. More specifically, the Federal Clean Water Act (Section 402[p]) requires discharges of stormwater associated with industrial and construction activity to be regulated by National Pollutant Discharge Elimination System (NPDES) permits. NPDES compliance requires implementation of Best Management Practices (BMPs) for water quality control. Site Hydrology A storm water conveyance system will be constructed to manage storm water flowing onto the site, as well as flows generated onsite. The project site, in its existing conditions, drains directly to the bay or the City storm drain system without incorporation of best management practices. Site drainage will be improved and standard Best Management Practices will be included to prevent adverse impacts to bay water quality and biology. The incorporation of the measures proposed by the project's Water Quality Management Plan (WQMP) will greatly reduce existing pollutant discharge to the bay. This is considered a beneficial impact on Newport Harbor water quality. Storm Water Runoff Fine sediments generated from the construction activities that might be transported to the bay in storm water runoff would result in a localized short-term impact on water quality and bay marine resources. During rainfall events, sediment flow to the bay would increase that would create higher levels of suspended sediments. Because the tidal flushing rate within this section of Newport Harbor is extended in this section of the bay (Everest Consultants, Inc. 2007), the material would tend to stay within the local water mass creating an extended period of higher water turbidity. Reductions in submarine light intensity, slight reductions in primary productivity, and reduced subsurface visibility for sight -foraging fishes and seabirds would be expected. These impacts will be mitigated to less than significant with the implementation of the Erosion Control Plan and the Storm Water Pollutant Prevention Plan. Project Water Quality Control Plan BMPs will insure that Newport Harbor marine biological resources will be protected from short- term construction effects. Oy City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment With the implementation of the project's long-term WQMP, storm water runoff associated with the project will not result in localized adverse hydraulic effects. Improved drainage system along the bay front will reduce storm drain flows to the beach area and will improve water quality compared to conditions that currently exist, resulting in a long-term, beneficial impact to water quality. Improvements to the storm drain system and implementing the Water Quality Management Plan BMP provisions will result in no significant impacts to water quality in Newport Bay. Noise and Dust Intertidal Sandy Beach Habitats and Resources. Noise, and dust generated from the project may result in a temporary reduction in the quality of the sand beach as resting and foraging habitat for shorebirds and seabirds. This would result in a temporary, less than significant impact to these resource groups. Implementation of construction BMPs including the installation of screening around the site will assist in lessening potential construction impacts on seabird and shorebirds. No shorebird or seabird nesting or breeding activity occurs on this local stretch of shoreline further reducing the potential for population -level impacts to these resource groups. Open Bay Environment. Demolition, grading, and construction of the marina will produce dust from the operation of construction equipment and vehicles on the site. During high velocity, windy conditions, this dust might be transported into Newport Harbor with prevailing northwest winds, or offshore across the Peninsula and to the ocean environment during Santa Ana wind conditions. The addition of dust would result in a short-term, less -than -significant impact that would form a light coating of sediment on the water depending on the velocity and duration of the wind event. The deposition of fine dust in the project area could potentially result in a short-term increase of water turbidity and a reduction in photosynthetic processes. Such a reduction would result in a slight decrease in photosynthetic activity of bay and ocean phytoplankton. However, there would be no long-term impacts to benthic resources resulting from an increase of dust settling on the water. Because of the expected short duration of any wind events that might generate dust the expected effect will be less -than significant on water quality and marine resources. The generation of dust from the construction site will also be mitigated by the inclusion of project water quality management BMPs . Pollutant Generation Typical pollutants generated during demolition and marina construction related -activities could include heavy metals, toxic chemicals, waste materials and debris, fuel, lubricants and other toxins related to construction equipment and its maintenance. If these pollutants enter the bay through airborne or water -borne transport methods, then water quality degradation and potential adverse impacts to marine life could occur, including reduced viability, tissue contamination, and a short-termland or long term effect on plankton, fish, and benthic resources. 33 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment The generation of these pollutants from the construction site will be mitigated by the inclusion and implementation the Water Quality Management Plan and the preparation of both a Storm Water Pollution Protection Plan (SWPPP) and an erosion control plan. Strict adherence to identified source controls and project BMPs in these documents will result in short-term, and less than significant impacts on Newport Harbor water quality and marine resources. In summary, the significant impacts of demolition and marina construction activities will be less than significant on Newport Harbor and marine resources with the implementation of the (1) Water Quality Control Plan, and (2) the preparation of a Storm Water Pollution Prevention Plan (SWPPP) prior to site construction. These plans and documents will identify dry season and wet season runoff control measures, source control, and or treatment controls that will avoid and/or mitigate potential soil erosion, runoff pollutants, and other storm water constituents. 3.5.2 Marina Construction Marine biological habitats and resources (plants, invertebrates, fishes, marine mammals, seabirds, federally listed and State -listed marine associated species and sensitive habitats) have a potential to be affected by marina construction related to required deepen portions of the shoreline that will be connected to part of the marina project that will be land - excavated. Figure 5 illustrates the two components required to construct the marina. Table 6 summarizes the potential impacts of the proposed marina project on marine biological resources. Landside excavation will be accomplished using dozers, skip loaders, trucks, and other small equipment. Dredging will involve the removal of bayfloor sediments by either a clam shell dredge or by hydraulic dredge for the purpose of providing necessary depths to accommodate vessels to depths of -12 ft MLLW. In addition, 18 cement piles will be driven into the sediments to secure the docks. 3.5.2.1 Habitat Alterations The project will have a linear footprint of 534 feet along the shoreline and the maximum width will be 403 ft, seaward to landward edge. The project will excavate approximately 1.17 acre of upland (5,000 cubic yards (cy) of dry material to create a portion of the marina to depths of -12 ft MLLW. 34 City of Newport Beach Marina Palk Project Marine Biological hnpact Assessment Coastal Resources Management, Inc. n yr 35 Dredging M. BASIN3 BASIN 1 g Figure 5. Approximate Dredge Zone and Landside Excavation Zone 0 0 39 70' GRAPHIC SCALE City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment Table 6. Habitat Losses and Gains, Marina Park Marina Project Habitat Loss Habitat Created Net Effect Miti2ation Construction of Marina 1.17 acre of supra tidal, non -marine 1.17 acre of shallow water marine habitat 1.17 acre beneficial impact to marine resources and Habitat Area of Particular Concern None required. Short-term Best Management Practices to avoid Basin habitat. Excavate at depths of-12 ft (HMC).Essential Fish Habitat; provides additional adverse water quality impacts to 5,000 cubic yards MLLW water column habitat for fishes and foraging bay resources (cy) of material seabirds, and soft bottom benthic habitat for benthic invertebrates and bottom -foraging fishes Dredging of estuarine 1.3 acre of sandy intertidal habitat. 39% of sandy 1.3 acre of shallow water marine habitat at depths to -12 ft Net loss of estuarine sandy intertidal habitat. Change of 1.3 acre in habitat type from sandy intertidal to shallow water estuarine habitat. Loss of intertidal Replacement of 0.13 acre of estuarine sandy intertidal habitat at a replacement ratio of sandy intertidal (+7 to - 2 ft MLLW) and shallow subtidal to intertidal shoreline MLLW seabird and shorebird roosting and foraging habitat 2:1(Mitigation to Impact) such create deeper habitat for along the beach will be affected. and Habitat Area of Particular Concern (HAPC). Short-term loss of populations of soft bottom that 0.26 acre (11,326 sq ft) will be successfully created. marina Dredge 66,000 cy of benthic invertebrates. 'material Construction of oin Included in construction of marina basins habitat losses Increased intertidal and subtidal hard bottom habitat Net increase in biomass of marine community of organisms living on hard substrate. Habitat will support an assemblage of species typical of Newport Bay's hardscape habitat (algae, mussels, limpets, chitons, sea squirts and moss animals) providing a wall around the marina and the installation of boat docks and piles source of food for bay fishes Net Impacts to 1.3 acre of sandy 1.17 acre of shallow (1) Beneficial increase of 1.17 acre of marine Replacement of 0.13 acre of Newport Bay intertidal habitat water marine habitat. sandy intertidal habitat at a ratio Estuarine Resources habitat (2) Net loss of 0.13 acre of sandy intertidal of 2:1. (Mitigation to Impact) habitat and associated seabird and shorebird Note: Calculation is based on roosting and foraging habitat beneficial increase minus adverse loss of intertidal habitat im City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Manne Biological Impact Assessment The marina will be enclosed by a cement groin wall. Along with the hardscape of dock floats and 18 pilings this component of the marina will create a substantial amount hard bottom habitat that will support species of marine algae and invertebrates typical of Newport Bay (See Table 4). 3.5.2.2 Impacts on Water Quality Dredging and marina construction activities will cause a short-term increase in turbidity from the discharging of the suspended fine sediments with the liquefied portion of the dredge material. Localized increases in turbidity can also occur as a result of vessel prop wash from tug boats. Increased turbidity will reduce the amount of available light at submarine depths and could potentially lead to short-term adverse biological impacts related to a slight decrease in plankton production, the movement of fishes out of the project area, and an interruption of seabird and shorebird foraging behaviors. The extent and orientation of the dredge plume will depend on the prevailing tidal cycle. With ebbing tides, the plume will' dissipate into the main channel, and out towards the harbor entrance channel. Incoming flood tides will cause the turbidity plume to disperse farther up towards the Rhine Channel. However, an increase in turbidity is likely be a localized, less than significant impact with the implementation of Best Management Practices to limit the spread of any turbidity plumes. The sediment -bound particulates resuspended during dredging could potentially affect water quality by releasing detectable levels of trace metals and organic contaminants in the water column. Organically enriched sediments resuspended into the water column during dredging will cause a slight decrease in dissolved oxygen levels. Tidal currents will dissipate the oxygen -poor water mass and replenish ambient oxygen levels. These impacts are expected to be short-term and less than significant, with a return to ambient water quality conditions upon the completion of the dredging project. Dredge material is being tested to determine its suitability for ocean disposal, if this option for disposal is pursued (Mike Houlihan, Michael Brandman Associates, pers. com. with R. Ware). However, preliminary analysis of sediment samples collected for the Proposed Newport Regency Hotel Project in 2004 at the same project site indicate that the intertidal sediments are greater than 80% sands, and would qualify for beach fill. Contaminant levels are relatively low (Petra 2004c). In addition, water discharged from the dredging operations or during dewatering of sediments will require a National Pollutant Discharge Elimination System (NPDES) permit or a Waste Discharge Requirements (WDR) permit from the California Regional Water Quality Control Board, Santa Ana Region. Accidental oil or fuel spills that could occur during the dredging operation or marina construction could result in significant effects on the fish and wildlife of the Harbor depending on the severity of the spill. Such events are likely to be localized spills of lighter, refined diesel fuels, gasoline, and lubricating oils that are highly toxic to marine life. The potential for petroleum -product leaks or spills would be low but the potential 37 City of Newport Beach Marina Park Project Marine Biological hnpact Assessment Coastal Resources Management, Inc. for significant, long-term effect on marine resources would be moderate to high. The inclusion and implementation of a Marina Dredging Management Plan will assist in preventing accidental spills and providing the necessary guidelines to follow in case of an oil or fuel spill and reduce the potential for a significant long term impact to be mitigated to less than significant. 3.5.2.3 Dredging, Excavation, and Marina Construction Impacts on Marine Resources Plants Dredging will result in the loss of sandy intertidal and soft bottom habitat, upon which the green algae Ulva spp. commonly colonizes. Waterfowl graze on algae as a food source. However, this algae is opportunistic, grows throughout the shallow waters of the bay, and the loss of the algae would be considered a short-term, non significant loss of plant life. Eelgrass (Zostera marina) doe not grow in the project area, precluding any impacts to this sensitive species. Marine plants will not be affected by landside excavation activities. Benthic Invertebrates The intertidal and the shallow subtidal soft bottom wetland habitat of Newport Bay supports a diverse assemblage of benthic invertebrates (i.e., clams, worms, crustaceans) that are important in the detrital food web because they process organics and release nutrients back to the system. Additionally invertebrates are an important food source for shorebirds and bottom -foraging fishes. Dredging activity will result in the transition from sandy and mud intertidal to permanent shallow subtidal habitat. Once dredging is completed, benthic invertebrates will colonize the portion of the marina basin created from land excavation, as well as the soft bottom areas dredged to -12 ft MLLW provided tidal flushing and water quality within the marina basin is maintained to support marine life. The loss of the intertidal invertebrate population as a result of dredging would constitute a significant but mitigable loss of intertidal habitat and benthic food resources for foraging shorebirds by implementing a mitigation program to offset the loss of sandy intertidal habitat. The net change in habitat types between habitat creation for the marina (1.17 acre) and the loss of 1.3 acres of sandy intertidal habitat (0.13 acre, 5662.5 sq ft) will be mitigated by conducting a sandy intertidal mitigation replacement program at a replacement ratio of 2:1 (mitigation to impact) such that 0.26 acre (11,326 sq ft) will be successfully created within Newport Bay or an acceptable offsite mitigation area. Marine invertebrates will not be affected by landside excavation activities. Piling and groin wall associated flora and fauna The installation of the groin wall surrounding the marina and the installation of the 12 38 G City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment support piles for the docks will occur following excavation of land soils and following project dredging. Therefore, the installation of the groin wall and piles will not impact marine resources. Piling -and -groin wall associated flora and fauna will colonize the hardscape soon after the groin wall and the piles are installed Within one to three years, the piling community is expected to be fully developed assuming successful recruitment and recolonization occurs and water quality and adequate flushing is maintained. Fishes The project area fish community consists of approximately 19 species (Allen 1976). The most common species are shiner surf perch, white surfperch, slough anchovy, and black perch. During summer 2008 surveys at the project site, mullet were also extremely common (Coastal Resources Management, Inc unpublished data). There will be no direct mortality of open water (schooling) fishes during dredging. Some mortality of bottom -dwelling species such as gobies may occur. However, these losses will be short-term as other individuals migrate into the area created for the marina and colonize the newly exposed sediments within one year based upon Allen's (1988) study of how fast fish recolonized the Unit I and Unit II basins following the 1985 dredging project. Secondary impacts of increased water turbidity will be less than significant. A greater -than ambient suspended sediment load related to higher turbidity may reduce the ability of both visual foraging fishes to feed (i.e., surfperch and halibut) and planktivores (i.e., topsmelt, anchovy, juvenile surfperch, and juvenile sciaenid). In addition, water column dissolved oxygen concentrations may decrease due to the resuspension of organically -enriched sediments. These impacts would physiologically stress the fish, and result in their temporarily movement out of the area to feed. Turbidity will return to ambient levels upon cessation of dredging through tidal flushing and circulation and fishes would return to the area. Non -Endangered Water Birds The most common groups of non -endangered species of water birds to be present within the location of the marina construction and dredging activity are seabirds (gulls, cormorants), waterfowl (mallards), and various shorebirds (i.e., willets, marbled godwits, sanderlings). These species may avoid the marina construction zone due to noise, interruption of resting areas and foraging sites, resulting in a short-term, less than significant impact on the local water bird population. Roosting areas for seabirds and shorebirds, and intertidal foraging habitat for shorebirds however, will be permanently reduced (see discussion of benthic invertebrates) resulting in a significant impact to bird habitat that would require mitigation as described above (See Benthic Invertebrates). Once construction is completed, marine birds will return to the unaffected areas of sandy beach, and non -endangered species of birds will use the roosting areas of the groin walls. No mortality of marine birds will occur as a result of marina construction or dredging activities. 39 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Marine Reptiles Marine reptiles are protected under the Endangered Species Act. See Endangered Species Section below. Marine Mammals All marine mammals are protected under the Marine Mammal Act (1972). See Endangered Species Section below. Sensitive Habitats Estuaries are considered Habitats of Particular Concern (HAPC) for various federally managed fish species within the Pacific Groundfish Fisheries Management Plan of the Magnuson -Stevens Fishery Conservation and Management Act (1997). The excavation of the landside area will result in creation of 1.3 acres of estuarine habitat for benthic invertebrates, fishes, water fowl and seabirds, and result in a beneficial impact to Newport Bay. Another 1.3 acres of sandy shoreline from elevations of +7 to -2 ft MLLW will be dredged to depths of -12 ft MLLW (66,00 cy of sand and mud). The loss of 1.3 acres of intertidal sand beach habitat represents a 39% loss of estuarine intertidal habitat along the project area shoreline between 15th Street and 19°t Street. The sandy habitat to be dredged includes approximately 0.8 acres of intertidal habitat, and 0.5 acre supra -tidal habitat at elevations above +7 ft MLLW. The net loss in HAPC is 0.13 acre (5,662 sq ft). Loss of this habitat is a significant long-term but mitigable impact by creating 0.26 acre (11,327 sq ft) of HAPC within Newport Bay or an acceptable offsite mitigation area. Endangered, Threatened, Rare, or Sensitive Species Plants. No sensitive species of marine plants occur within project intertidal or subtidal habitats. The nearest eelgrass habitat is located 0.9 mile east of the project area at the Newport Yacht Club (Coastal Resources Management, Inc. (2007). Benthic Invertebrates. No sensitive species of benthic invertebrates occur in the project area. Fishes. The California halibut is a sensitive marine fish but does not have official status as such. This species is an important commercial and sport fish resource that uses Newport Harbor as nursery habitat. The proposed project does not support a large population of halibut, although some may be present. Dredging activity will temporarily degrade soft bottom subtidal habitat where this species is present, but individuals will move to non -impacted areas precluding any direct or indirect adverse impacts. Proposed project construction activities will not result in the mortality of any individuals. Habitat degradation will be a short-term, less than significant impact on halibut. Once dredging and the marina basins are completed, additional soft bottom and open water habitat will available for this species provided that tidal flushing and water quality within the marina 40 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological hnpact Assessment basin is maintained to support marine life. Marine Reptiles. The potential for sea turtles to be in the project area is extremely low. No impacts are anticipated on this resource group. Marine Birds. Brown pelicans and California least terns may be in the project area during marina construction. These individuals will respond to disturbances by avoiding the immediate dredge area and will forage elsewhere outside areas of disturbance. Turbidity plumes that would spread away from the dredge area would affect their foraging habitat and result in a potentially locally significant impact to an endangered species. These species may also move away from the marina construction site because of the presence of the dredge vessel and noise. However, no direct mortality of endangered species will result from the dredging activity. With the implementation of a Marina Construction Management Plan (See Section 4), potentially significant impacts to endangered least terns and brown pelicans would be mitigated to a less than significant impact. To further reduce the potential for impacts to endangered birds, dredging activity should be avoided during the breeding period of the least tern (April and September), the time in which least terns would be locally foraging and bring food back to their nest sites. If this mitigation measure is implemented, the impact will be reduced to a less -than -significant impacts to endangered birds. Marine Mammals. California sea lions have a potential to be present during the dredging period. Dredging is expected to have a less -than -significant impact on individuals that may be in the general dredging vicinity. In all likelihood, individuals would avoid the dredging operation, and although individuals may be curious, there is a low potential for harm to an individual or the population within Newport Bay. To date, there are no records of sea lions being harmed by the Upper Newport Bay dredging operation or the transport of dredge material by barges and tugs through Newport Harbor. Bottlenose dolphin or California gray whales are not expected to be within the dredge project area, precluding impacts to these species. No marine mammals will be impacted by landside excavation of material for the marina. Fishery Management Plan Species (FMP), Essential Fish Habitat Project activities that could potentially affect identified Coastal Pelagic FMP species (northern anchovy juveniles) and HAPC (estuarine habitat) include increased water turbidity caused by the site excavation, and dredging. These impacts could result in (1) the avoidance of juvenile and adult FMP species to the affected, turbid waters, (2) an increase in the suspended sediment load in the water column that could introduce contaminants to FMP species, and (3) the clogging of the gill apparatus of filter feeders (engraulids) that would reduce the ability of the fish to breathe and/or feed. Groundfish species are likely to be extremely rare or absent in the Marina Park project area. However, should they be present, the potential for direct mortality on juveniles or adults of is minimal -any impacts resulting from project turbidity would result in species avoiding the project area. 41 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment Based upon the life histories and the distribution of identified FMP species that indicate Coastal Pelagic and Groundfish Managed species occur in very low abundances in Newport Harbor, the potential for adverse impacts on FMP species related to the Marina Park project is less than significant. Invasive Species Caulerpa algae is not present at the site of the proposed marina (CRM 2004). However, a Caulerpa algae survey will be conducted according to the National Marine Fisheries Service Control Protocol(httn://swr.ucsd.edu/hed/CaulgoaControlProtocol.htLn) prior to marina construction. If this species is found, then protocols for the eradication of Caulerpa will be implemented to remove this species from the project area. 3.6 LONG-TERM IMPACTS OF LANDSIDE OPERATIONS ON WATER QUALITY 3.6.1 Water Quality With the implementation of the Water Quality Management Plan and a Storm Water Protection Plan (Section 4), there will be no significant impacts on Newport Bay water quality resulting from the use of Marina Park onshore facilities. 3.7 LONG-TERM IMPACTS OF VISITOR USE ON WATER QUALITY The public beach between 16'11 and 19°1 Streets will continue to be a popular recreational area, and visitor use will likely increase. The volume of trash and debris generated from beach use will also likely increase. This has a low potential to degrade water quality, and impact marine life, provided that City maintenance of the area continues to be effective. BMPs to reduce the potential for visitor -use impacts on Marina Park should be included in the project's Water Quality Management Plan (Section 4). These could include, but not be limited to adding additional signage to remind visitors to use trash receptacles, and providing conservation brochures to visitors who visit Marina Park. 3.8 LONG TERM MARINA IMPACTS ON MARINE RESOURCES 3.8.1 Water Quality Tidal Flushing. Water quality within the proposed marina will be governed by its flushing capacity (Everest International Consultants, Inc. 2008). Water quality analyses conducted by Everest indicated that tidal flushing rates would be poor and the flushing capacities are well below the EPA guidelines which suggest adequate tidal flushing to maintain water quality of marina basins requires flushing reductions (the amount of a conservative substance that is flushed from the basin) ranging from 70% to 90% over a 24-hour period. Even with eliminating the existing groin system, the improvement is not 42 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment enough to provide good water quality for the marina basin. Inadequate tidal flushing in the marina basin would result in lowered dissolved oxygen levels, higher water temperatures, poor water transparency, a potential for eutrophication (a process where water bodies receive excess nutrients that stimulate excessive plant growth), and increased sedimentation. Poor tidal flushing would also exacerbate water quality issues in this region of the bay since the tidal flushing rate in this part of the Harbor is already poor (30 days) outside the proposed marina in front of the swimming beach and the American Legion Marina. Poor flushing may also result in the potential for maintenance dredging to remove trapped sediments during the long-term operation of the marina. Maintenance dredging programs, conducted under either the City's Army Corps of Engineers blanket maintenance dredging permit or an Army Corps of Engineers individual dredging permit would result in the periodic removal of soft bottom benthic organisms, the resuspension of bottom sediments that will increase water column turbidity, and periodic releases of trace metals and organic contaminants into the water column. Dissolved oxygen levels will be reduced slightly because of the resuspension of organic materials in the dredged sediments. The short -tern impact on water quality would be potentially significant, and also result in short-term significant impacts to marine life. Unless mitigated, poor tidal flushing within the marina would result in a significant, long- term impact on Newport Harbor water quality and would severely limit the colonization of marina habitats by plants, invertebrates and fish. See Section 4 for mitigation measures that will reduce the impact of poor tidal flushing on water quality and marine resources to a less -than -significant impact. Marina Tenant Impacts. Water quality will also be governed by the practices of the tenants relative to their compliance with ordinances, laws, and guidelines related to discharges, vessel maintenance and marina maintenance. Periodic and/or uncontrolled discharges of various pollutants, oils, greases, and wastes will result in a long-term significant adverse effects on water quality and local marine life. Surface runoff from the marina will also be regulated through NPDES permit for storm water discharges. Implementation of the creation and the implementation of a Marina Management Plan (Section 4) will reduce potential long-term water quality impacts to less than significant. 3.8.2 Marine Resources 3.8.2.1 Non -sensitive Plants The presence of marina hardscape (docks, pilings, and groin walls) will promote the growth and establishment of algal species typical of Newport Bay hardscape areas. This will result in a beneficial impact to marine plant productivity assuming water quality and tidal flushing is maintained in the marina. 43 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment 3.8.2.1 Impacts to Benthic (bottom -dwelling) Resources The permanent removal of 0.13 acre of sandy intertidal habitat and associated intertidal invertebrate fauna will be a locally significant, long-term impact, mitigable by the creation of 0.26 acres of sandy intertidal estuarine habitat within Newport Bay or an acceptable offsite mitigation area as described in Section 3.5.2.3. Mitigation for this loss is described in Section 4. Hard substrate of pilings, retaining walls (bulkheads) and docks will be created which will provide attachment surfaces for intertidal and subtidal hardscape associated plants and animals such as algae, barnacles, mussels, limpets, and limpets, resulting in a beneficial impact to hard substrate -associated plants and invertebrates. Many of these organisms are food for fishes. The increased surface area and additional variety of marine habitat afforded by the presence of hard substrates will increase species diversity of both invertebrates and algae in the project area, which will also attract a greater diversity of fish to the project area because of an increase in diversity of habitat types. 3.8.1.3 Impacts to Fishes Marina operation will result in a beneficial impact to fishes (i.e., topsmelt, perch, sand bass, and sting rays) because an additional 1.17 acre of shallow water habitat will be created, provided that water quality is maintained to support marine life. The addition of the retaining wall, the pilings, and docks will also attract fishes who will forage on plants and invertebrates attached to the hard substrate. 3.8.1.4 Impacts to lion -endangered Shorebirds and Seabirds The presence of the new marina will provide seabirds with roosting and open water foraging habitat, although this will be at the expense of their current foraging and resting habitat on the existing sandy beach. Both shorebirds and seabirds, however, will also be permanently displaced to the remaining sandy beach habitat west of the marina. In the long-term, there will be a loss of sandy intertidal habitat as a consequence of marine construction (significant but mitigable), as described in Section 3.5.2.3 resulting in a mitigation requirement to offset seabird and shorebird habitat. 3.8.1.5 Impacts to Marine Mammals See Section 3.8.1.6. 3.8.1.6 Impacts to Endangered Species and Sensitive Species Plants. The proposed marina will be excavated and dredged to a depth of -12 ft MLLW, below the depth range in Newport Bay to support eelgrass in this part of the Harbor. Therefore, there will be no long-term effects on this species, since appropriate habitat will not be present. m City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Manne Biological Impact Assessment Invertebrates. No endangered species of invertebrates will be impacted by the presence or the operation of the proposed marina. Fishes. California halibut will be beneficially impacted by the creation of additional soft bottom habitat from (1) the excavation of 1.17 acres of non -marine habitat and the dredging and deepening of 1.3 acres of intertidal sand beach habitat. This will provide additional shallow water nursery habitat in Newport Harbor. Reptiles. The proposed project will have no impact on marine reptiles (sea turtles) due to their absence in Newport Harbor. Marine Mammals. There will be no long-term impacts on marine mammals resulting from the presence or operation of the marina. Although sea lions may occasionally swim into the marina, they are not expected to haul out if measures are taken to deter their presence. Cetaceans (whales and dolphins are not expected to enter this part of Newport Harbor, precluding potential impacts to these species. 3.8.1.7. Impacts to Fishery Management Plan Species. Based upon the life histories and the distribution of identified FMP species that indicate Coastal Pelagic and Groundfish Managed species occur in very low abundances in Newport Harbor, the potential for adverse impacts on FMP species related to the Marina Park project is less than significant. The creation and operation of the marina will have no affect on either pelagic or groundfish FMP species. The only species likely to be present in Newport Bay will be the northern anchovy, which is unlikely to be benefited or adversely affected in this part of Newport Harbor due to their limited numbers. 3.8.1.8 Impact To Sensitive Habitats See Section 3.5.2.3 and Table 6 for a discussion of impacts to sensitive habitats. As discussed, there will be a loss of 0.31 acre of sandy intertidal habitat that be replaced with shallow water habitat. Since Newport Harbor is considered an estuarine Habitat of Particular Concern (HAPC) under provisions of the Magnuson -Stevens Fishery Conservation and Management Act (1997), this loss is considered a significant, but mitigable adverse impact on an HAPC. Mitigation for this loss is provided in Section 4. 3.8.1.9 Impacts to Invasive Species Caulerpa is not currently present at the proposed marina site. In the event that it colonizes the marina, an eradication program would be implemented immediately under the supervision of the Regional Water Quality Control Board, National Marine Fisheries Service, and the California Department of Fish and Game according to the Caulerpa Eradication Protocol (ht_pt://swr.ucsd.edu/hcd/CauIgMaControlProtocol.htLn). Informational and educational pamphlets alerting boaters and visitors of this potentially destructive species should be included in the Marina Management Plan. 45 City of Newport Beach Marina Pmk Project Coastal Resources Management, Inc. Manne Biological Impact Assessment 4.0 MITIGATION MEASURES 4.1 RUNOFF WATER QUALITY Planning Documents. With the preparation and implementation of the following documents and all required Best Management Practices contained in the plans, potential water quality impacts on Newport Harbor related to site construction and operation will be reduced to less than significant: • Post -Construction (Operational) Project Water Quality Management Plan and • Storm Water Pollution Prevention Plan Specific BMPs should include: Construction BMPs should include the following: • Dust Control: Water will be sprayed in newly graded areas to prevent grading activities dust to be blown to adjacent areas. • Construction Staging: Specific areas will be delineated for storage material and equipment, and for equipment maintenance, to contain potential spills. • Sediment Control: Sand bags or silt fences will be located along the perimeter of the site. Existing inlets and proposed area drains will be protected against intrusion of sediment. • Tracking: Tracking of sand and mud on the local street will be avoided by tire washing and/or road stabilization. Street cleaning will be done if tracking occurs. • Waste Disposal: Specific area and/or methods will be selected for waste disposal. Typical construction waste include concrete, concrete washout, mortar, plaster, asphalt, paint, metal, isolation material, plants, wood products and other construction material. Solid waste will be disposed of in approved trash receptacles at specific locations. Washing of concrete trucks will be done in contained area allowing proper cleanup. Other liquid waste will not be allowed to percolate into the ground. • Construction dewatering will require approved permits by the California Regional Water Quality Control Board and the City. • Maintenance: Maintenance of BMPs will take place before and after rainfall events to insure proper operation. • Training: The SWPPP will include directions for staff training and checklists for scheduled inspections. • Installation of screening around the site will assist in lessening potential impacts on seabird and shorebirds. 1 Source: Metro Pointe Engineers, Inc. 2004 46 City of Newport Beach Marian Park Project Coastal Resources Management, Inc. Manne Biological hnpact Assessment These plans shall be completed prior to the initiation of construction and included in construction bid packages to the contractors and be part of project's long-term management requirements. 4.2 MARINA CONSTRUCTION AND OPERATION 4.2.1 Planning Documents. • A Marina Management Plan shall be developed by the applicant to identify construction and long-term operational BMPs to reduce the level of potential water quality impacts to less than significant. This document shall be developed and included in marine construction bid packages and implemented as a requirement of the long term operation of the project. With the implementation of the Marina Management Plan, and planning documents and Best Management Practices potential water quality impacts on Newport Harbor will be reduced to less than significant. This will significantly reduce the potential for adverse impacts to intertidal and subtidal marine resources. The plan should provide boaters with reasonable BMPs, safety guidelines, and steps to take in response to accidental spills, leakages and fires to reduce the potential for water quality degradation. In addition, two pamphlets The Guide to Clean, Green Boating (California Department of Fish and Game 1999) and Clean Boating (California Department of Boating and Waterways (undated material) should be distributed and made available to management and marina tenants. These are available through the City of Newport Beach Harbor Resources Department. Clean Marinas California Program (2006) has developed a guidebook for to making marinas environmentally clean facilities and to help protect the state's waterways from pollution. This guidebook is available at http•//cleanmarinascalifornia.org. It is recommended that a copy of this document be kept onsite in the Marina Office. Examples of shoreline and boat dock BMPs' include: • Limiting heavy equipment use to the backshore portions of the beach. • Prohibit boat in -water maintenance and discharge of waste. • Provide easily accessible restrooms and trash receptacles. • Provide fire fighting and spill containment equipment. • Additional BMPs for marina construction and operation will be integrated into the project's Water Quality Management Plan. • Dispose of used oil, antifreeze, paints, and other household chemicals properly. • Avoid spills of hazardous or polluting material and prepare guidelines for remediation of such occurrences. 47 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment • Affix signs educating user of the property about BMPs. • Scheduled inspections. • Long -Term Maintenance: As design progresses, the owner's plan for the long-term and continuous maintenance of all on -site BMP's requiring ongoing maintenance will be developed. This plan will include his acceptance of the responsibility for the on -site maintenance of all structural and treatment control BMPs. • Maintenance of a Water Quality Management Plan report, its distribution to lessees, and assignment of specific responsibilities by the owner. 4.2.2 Specific Dredging BMPs to reduce impacts to water quality and marine resources • The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in Newport Bay. • No vessel discharges are allowed within Newport Bay. • Dredging and spoils disposal must be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. • Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. Dredging operations will be surrounded with a dredge screen to reduce turbidity. In addition, Best Management Practices that will further reduce the impact of turbidity include using appropriate machinery when dredging and transporting materials, and employing proper maintenance and operation on equipment (including adequate training, staffing, and working procedures. Turbidity monitoring should be conducted during dredge operations to insure compliance with standards set forth by the Santa Ana Regional Water Quality Control Board. • Treatment of extracted water, if required, shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. • Provisions shall be made, as necessary, for treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. • The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S. Army Corps of Engineers. 48 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Conditions imposed by the Regional Water Quality Control Board and the Department of Fish and Game will be incorporated into the project. Should ocean disposal be required for the project, project operations will require that the scow doors used to release dredged material remain closed until the scows are towed to the disposal site. To prevent long-term impacts on local water quality due to potential tidal flushing issues the following mitigation measure is recommended: 4.2.3 Mitigation for Adverse Water Quality Impacts Related to Poor Flushing in the Marina Mechanical flow -enhancement devices should be installed, if feasible, to improve tidal circulation within the marina Everest International Consultants, hic. 2008) to mitigate potential long-term, adverse impacts on water quality and marine biological resources. Other methods of providing increased circulation should also be considered. 4.2.4 Mitigation for the Loss of Intertidal Soft Bottom Habitat and Seabird/Shorebird Foraging and Roosting Habitat M The loss of 0.13 acre (5,662 sq ft) of (HAPC) is a significant, but mitigable (11,327 sq ft) of additional HAPC with mitigation area. estuarine Habitat of Particular Concern long-term impact by creating 0.26 acre in Newport Bay or an acceptable offsite In accordance with Public Resources Code 21081.6, a mitigation monitoring plan must be developed to monitor the success of the habitat replacement. A five-year monitoring program is recommended. The location of a suitable replacement site is under study and shall be approved by the U.S. Fish and Wildlife Services (USFWS), California Department of Fish and Game (CDF&G), and National Marine Fisheries Service (NMFS) prior to approval of the marina construction permit issued by the ACOE and the California Coastal Commission. An in -lieu fee agreement option for contributing to a permitted or nearly -permitted mitigation project option will also be simultaneously pursued. If the mitigation program is successful, the soft bottom habitat impacts would be reduced to a level considered less than significant. City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment 4.2.5 Marine Biological Resource Monitoring A construction and post -construction marine biological mitigation monitoring plan will be prepared that will include preconstruction, construction, and post - construction monitoring of the health of marine life at the project site, and a final determination of areas impacted by the project. These monitoring programs should be implemented to ensure that Newport Harbor water quality and marine resources are being protected through the implementation of the Marina Management Plan. This monitoring program should include monitoring of the marina basin and the channel waters in front of the sand beach prior to, during, and following marina construction for a period of 5 years. If it is determined that Newport Harbor water quality or marine life have been degraded as a result of the operation of the marina, then adaptive management techniques should be implemented to protect the bay's water quality and marine resources. 50 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment 5.0 ALTERNATIVES ANALYSIS 5.1 ALTERNATIVE 1. NO PROJECT ALTERNATIVEINO DEVELOPMENT ALTERNATIVE This alternative would maintain status -quo marine water quality and marine resources conditions. There would be no loss of marine resources or reduction in soft bottom habitat as a consequence of this alternative. 6.0 CUMULATIVE IMPACTS The proposed project will incrementally increase the potential for water quality degradation in Newport Harbor. However, with the implementation of proposed mitigation measures, these cumulative impacts are anticipated to be less than significant. The project will incrementally reduce the amount of open sand beach and shallow subtidal soft bottom habitat in Newport Harbor, reducing the value of Newport Harbor as a biological habitat for seabirds and shorebirds. It will increase shallow water habitat area for fishes and soft bottom benthic invertebrates. The net loss of 0.13 acre of sandy intertidal habitat is a potentially significant, but mitigable long-term impact. Mitigation for habitat losses, if successful, will result in a less than significant cumulative impact to marine resources. 51 City or Newport Beach Marina Park Project Coastal Resources Management, hie. Marine Biological Impact Assessment 7.0 LITERATURE CITED Allen, L. A. 1976. Abundance, diversity, seasonality and community structure of the fish populations of Newport Bay, California. M.S. Thesis, California State University, Fullerton. 108pp. Allen, L. G. 1988. Final report. Results of a two-year monitoring study on the fish populations in the restored, uppermost portion of Newport Bay, California; with emphasis on the impact of additional estuarine habitat on fisheries -related species. Prepared for the National Marine Fisheries Service in fulfillment of Contract #WASC-85-00216. Barnard, J. L., and D. J. Reish. 1959. Ecology ofAmphipoda and Polychaeta of Newport Bay, California. Allan Hancock Foundation Publications. Occasional Paper No. 21. Pp. 1-106. California Department of Boating and Waterways. (no date). Clean boating habits. Sacramento, CA. 23 pp. California Department of Fish and Game Office of Oil Spill Prevention and Response. 1999. Guide to clean, green boating. no publication date. Sacramento, CA. California Department of Fish and Game. 1953. Biological survey: Lower Newport Bay. Report to the Santa Ana Regional Water Pollution Control Board. Feb 10, 1953. Code No. 58-8-8. California State Water Resources Control Board. 1998. Sediment chemistry, toxicity, and benthic community conditions of selected water bodies of the Santa Ana Region. Final report. In association with the National Oceanic and Atmospheric Administration, Regional Water Quality Control Board Santa Ana Region, California Department of Fish and Game, University of California, Santa Cruz, and San Jose State University. 33 pp. plus appendices. Coastal Resources Management, Inc. 2008 (in progress). Newport Harbor oceanographic field survey investigation: Phase 1: Summer 2008 Submarine light, temperature, dissolved oxygen, pH, salinity, and dissolved solids studies. Under contract to the City of Newport Beach Harbor Resources Division. Coastal Resources Management. 2007. Distribution and abundance of eelgrass (Zostera marina) in Newport Bay. 2006-2007. Eelgrass habitat mapping project. Bulkhead to pierhead line surveys. Prepared for the City of Newport Beach Harbor Resources Division. Map available on City of Newport Beach Website. (Final report in progress). Fla City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Manne Biological Impact Assessment Coastal Resources Management. 2005. Results of bay -wide eelgrass (Zostera marina) habitat mapping surveys in Newport Bay, December 2003 April 2004. Prepared for the City of Newport Beach Harbor Resources Department. GIS maps of eelgrass habitat and density information. March 2005. Coastal Resources Management, Inc. 2004. Marine biological impact assessment. Marinapark Resort and Community Plan. Prepared for Michael Brandman Associates. April 2004. 50 pp. Coastal Resources Management. 1999. Marine biological impact assessment. Voit residence seawall replacement project. Balboa Peninsula, Newport Beach, CA. 20 pp. plus appendices. Coastal Resources Management and Chambers Group, Inc. 2002. City of Newport Beach, California. Local Coastal Plan Biological Appendix. Prepared for the City of Newport Beach Planning Department. November 2002. 101 pp plus appendices. Coastal Resources Management 2000. Marine biological resources impact assessment (draft) for the Southcoast Shipyard redevelopment project, Newport Bay, CA. Prepared for Shelhnaker, Inc. and Southcoast Shipyards. Prepared by R. Ware. 15 pp. Draft Report. May 2000. Coastal Resources Management. 1993. Upper Newport Bay environmental evaluation. Appendix E, Marine and Estuarine Resources in: Upper Newport Bay Reconnaissance Study. Final Report. Prepared by R. Ware for Coastal Frontiers Corporation and the U.S. Army Corps of Engineers. 202 pp. Coast Keepers, 2001. Caulerpa taxifolia survey. Map of Caulerpa sampling sites and identification of eelgrass bed locations in areas where surveys were conducted. Map prepared for the City of Newport Beach. July 2001. Computer CD-ROM, GIS format. County of Orange. 1978. Environmental studies in Newport Bay. Orange County Human Services Agency. Various pp. Daugherty, S. J. 1978. Benthic ecology. In: Environmental Studies in Newport Bay. Orange County Human Services Agency, Environmental Health Division. Santa Ana, California. Pp. 129-192 Dawson, C. M. 1963. Benthic ecology in the entrance channel of Newport Bay, California. M.S. Thesis, University of Southern California. 112 pp Everest International Consultants, Inc. 2008. City of Newport Beach Marina Park Coastal Engineering Study (Draft). Prepared for URS, Inc, and the City of Newport Beach. 53 City of Newport Beach Marina Park Project Coastal Resources Management, Inc. Marine Biological Impact Assessment Harbor Resources Division, City of Newport Beach. Unpublished PowerPoint presentation on Rhine Channel toxicity. Long, E. R. and L.G. Morgan. 1990. The potential for biological effects of sediment absorbed contaminants tested in the National Status and Trends Program. NOAA Technical Memorandum NOS OMA 62. National Oceanic and Atmospheric Administration, Seattle Washington. 86pp. Marine Biological Consultants (MBC) and the Southern California Coastal Water Research Project (SCCWRP). 1980 (Dec). Irvine Ranch Water District Upper Newport Bay and Stream Augmentation Program. Final Report. October 1979- August 1980. MEC Analytical Services, Inc. 1997. Biological resources of Upper Newport Bay, California. Prepared for the U.S. Army Corps of Engineers Los Angeles District. Contract Number DACW09-D-003. November 1997. 71 pp. plus appendices. Metro Point, Engineers, Inc. 2004. Drainage technical study. Hydrology, hydraulic calculations, and water quality management plan for the Regent Newport. W. Balboa Blvd, Newport Beach, CA Environmental Impact Report. Prepared for the City of Newport Beach, January 2004. Revised February 2004. Newport Beach (City of). 2008. Marina Park Initial Study. Newport Beach Planning Department. May 22, 2008. National Marine Fisheries Service (NMFS). 2008. Essential Fish Habitat (EFH) evaluation for the Balboa Marina Project, Newport Beach, Ca. February, 2008. Prepared by Robert Hoffman, NMFS, Long Beach, CA. 4 pp. National Marine Fisheries Service, California Department of Fish and Game, and the San Diego Regional Water Quality Control Board. (no date). Undated brochure on the noxious algae Caulerpa taxifolia. National Marine Fisheries Service. 1991. (Revised 1999). Southern California eelgrass mitigation policy. 4pp. National Marine Fisheries Service. 2001. Caulerpa eradication protocol. Revised October 2003. htto://swr.ucsd.edu/hcd/CaulerpaControlProtocol.htm Petra Geotechnical, Inc. 2004a. Limited Phase II Site Assessment; Regent Marina Site. Prepared for Cash & Associates.. 17 February 2004. 6 pp plus tables. Petra Geotechnical, Inc. 2004b. Limited Phase II Environmental Site Assessment, Regent Marina site, located west of Bay Avenue and north of Newport Boulevard, City of Newport Beach, Orange County, California. 7 pp. plus appendices. 54 City of Newport Beach Marina Park Project Coastal Resources Management, be. Marine Biological Impact Assessment Petra Geotechnical, Inc. 2004c. Sediment chemical data for the Southcoast Shipyard Project in: Harbor Resources Department, City of Newport Beach unpublished PowerPoint presentation. Quammen, M. L. 1980. The impact of predation by shorebirds, benthic feeding fishes, and a crab on the shallow living invertebrates in intertidal mudflats of two southern California lagoons. Ph.D. Dissertation, University of California, Irvine. 132 pp. Seapy, R. R. 1981. Structure, distribution, and seasonal dynamics of the benthic community in upper Newport Bay, California. Department of Fish and Game. Marine Resources Technical Report No. 46.74 pp. Southern California Coastal Water Research Project. 2003. Chemistry and toxicity in Rhine Channel sediments. Final report. Technical Report #391. Prepared by Stephen Bay and Jeffrey Brown. May 16 , 2003. 14 pp. plus appendices. U.S. Army Corps of Engineers. (ACOE) 2000. Upper Newport Bay ecosystem restoration feasibility study. ACOE Los Angeles District. F4/AFB Main Report. Dart Environmental Impact Statement/Report. Los Angeles District. January 2000. Walker, Boyd W. 1952. A guide to the grunion. Calif. Fish Game 38 (3):410-420. Ware, R. R. 1985. Section IV. Marine biological assessment of the DeAnza mudflats and marsh peninsula. In: DeAnza Peninsula Marina Feasibility Study. MBC Applied Environmental Sciences. 28 June, 1985.38 pp 55 City of Newport Beach Marina Park Project Marine Biological Impact Assessment Coastal Resources Management, Inc. Appendix 1. Pelagic and Groundfish Fishery Management Plan Species Potentially Present in Newport Bay Common Name Scientific Name Comment Coastal Pelagics FMP Northern anchovy Engraulis mordax Upper Newport Bay Absent in Upper Newport Bay (Allen, 1976) 1 individual in Upper Newport Bay (MBC and SCCCWRP, 1980; Eighth most abundant species in Upper Bay (Horn and Allen, 1981); Seventh most abundant species in Upper Newport Bay (Allen, 1988); Not among 10 most dominant species in Upper Newport Bay (MBC 1997 in MEC 1997); Engraulid juveniles abundant (1,844) in purse seines in Upper Newport Bay (MEC 1997); Lower Newport Bav Present (13) in Lower Newport Bay (Allen, 1976) Pacific sardine Sardino s sa ax Rare (1)in Lower Newport Ba Allen, 1976 Pacific mackerel Scomber 'a onicus rare 1 in Lower Newport Bay Allen, 1976 Jack mackerel Trachurus none reported s mmetricus Pacific Groundfish FMP English sole Parophrys vetulus rare (1) in Upper Newport Bay (Allen, 1976) rare 1) in Lower Newport Bay (Allen, 1976) Pacific sanddab Citharichth s sordidus none reported Leopard shark Triakis semifasciata rare (1) in Upper Newport Bay (Allen, 1976) Bocaccio Sebastes paucispinis none reported California scorpion Scorpaena guttata rare (1) in Lower Newport Bay (Allen, 1976) fish Olive rockfish Sebastes serranoides Rockfish, unid) Sebastes sp. rare (1) in Lower Newport Bay (Allen, 1976) Cabezon Scorpaenichthys none reported marmoratus RE